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P:\CLEPUB\Books\Disciplinary Board Reporter\Finals\Volume 19 Finals white text DISCIPLINARY BOARD REPORTER ________________________________________ VOLUME 19 January 1, 2005, to December 31, 2005 ________________________________________ Report of Lawyer Discipline Cases Decided by the Disciplinary Board and by the Oregon Supreme Court for 2005 5200 SW Meadows Road Lake Oswego, OR 97035 (503) 620-0222 or (800) 452-8260 (toll-free in Oregon), ext. 370 white text DISCIPLINARY BOARD REPORTER Report of Lawyer Discipline Cases Decided by the Disciplinary Board and Oregon Supreme Court for 2005 VOLUME 19 January 1, 2005, to December 31, 2005 white text PREFACE This Disciplinary Board Reporter (DB Reporter) contains final decisions of the Oregon Disciplinary Board, stipulations for discipline between accused lawyers and the OSB, summaries of 2005 decisions of the Oregon Supreme Court involving the discipline of lawyers, orders of reciprocal discipline imposed by the court, and related matters. Cases in this DB Reporter should be cited as 19 DB Rptr ___ (2005). In 2005, a decision of the Disciplinary Board was final if neither the Bar nor the accused sought review of the decision by the Oregon Supreme Court. See Title 10 of the Bar Rules of Procedure (page 53 of the OSB 2006 Membership Directory) and ORS 9.536. The decisions printed in this DB Reporter have been reformatted and corrected for typographical errors, but no substantive changes have been made to them. Because of space restrictions, most exhibits are not included but may be obtained by calling the Oregon State Bar. Those interested in a verbatim copy of an opinion should contact Barbara Buehler at extension 370, (503) 620- 0222 or (800) 452-8260 (toll-free in Oregon). Final decisions of the Disciplinary Board issued on or after January 1, 2006, are also available at the Oregon State Bar Web site, <www.osbar.org>. Please note that the statutes, disciplinary rules, and rules of procedure cited in the opinions are those in existence when the opinions were issued. Care should be taken to locate the current language of a statute or rule sought to be relied on concerning a new matter. General questions concerning the Bar’s disciplinary process may be directed to me at extension 319. JEFFREY D. SAPIRO Disciplinary Counsel Oregon State Bar white text CONTENTS Oregon Supreme Court, Board of Governors, State Professional Responsibility Board ............................ iv Disciplinary Board 2006 .....................................................v 2005 .................................................... vi List of Cases Reported in This Volume .............................vii Cases .....................................................1–373 Table of Cases ...............................................375 Table of Disciplinary Rules and Statutes ...........................380 Table of Bar Rules of Procedure .................................385 iii white text Justices of the Oregon Supreme Court Paul J. De Muniz, Chief Justice Thomas A. Balmer Wallace P. Carson, Jr. Robert D. Durham W. Michael Gillette Rives Kistler R. William Riggs 2006 Oregon State Bar Board of Governors Dennis P. Rawlinson, President Albert A. Menashe, President-Elect Mark B. Comstock, Vice President Douglas L. Minson, Vice President Dr. John Enbom Linda K. Eyerman Marva Fabien Gerry Gaydos Timothy C. Gerking S. Ward Greene Jonathan (Jon) Hill Carol DeHaven Skerjanic Robert L. Viera Bette L. Worcester Theresa L. Wright Richard S. Yugler Karen L. Garst, Executive Director 2006 State Professional Responsibility Board Sarah Moore Bostwick, Chair Amy Alpern Richard H. Braun Dr. Frank P. Colistro, Public Member Liz Fancher John F. Folliard Linda Lee Lynch, Public Member James A. Marshall William H. Martin iv white text 2006 DISCIPLINARY BOARD State Chair Colin D. Lamb John A. Berge Pamela E. Yee State Chair-Elect Region 5 Hon. Jill A. Tanner Susan G. Bischoff, Chair F. Gordon Allen Region 1 Barbara T. Anderson (Public Member) Carl W. Hopp Jr., Chair Ronald W. Atwood William E. Flinn Alan M. Bacharach (Public Member) Paul B. Heatherman Carol J. Bernick Darcy A. Kindschy C. Lane Borg Thomas J. Maresh (Public Member) Ray E. Bozlee (Public Member) John G. McBee (Public Member) Anthony A. Buccino William J. Olsen (Public Member) William B. Crow Ronald L. Roome Howard I. Freedman (Public Member) James R. Uerlings Gail C. Gengler (Public Member) Vacant Sandra Hansberger Judith Hudson Region 2 Stephen A. Kosokoff (Public Member) Gregory E. Skillman, Chair John L. Langslet Dr. Peter W. Bergreen (Public Member) Milton C. Lankton James (Jerry) Casby Michael R. Levine Jack A. Gardner Charles H. Martin (Public Member) Jens Schmidt Thomas H. Nelson Audun (Dunny) Sorensen (Public Gerard P. Rowe Member) Harry L. Turtledove (Public Member) Laurence E. Thorp Norman Wapnick Michael C. Zusman Region 3 R. Paul Frasier, Chair Region 6 Megan Annand Hon. Jill A. Tanner, Chair John L. Barlow James C. Edmonds Dwayne R. Murray Gilbert B. Feibleman Philip Duane Paquin (Public Member) Llewellyn M. Fischer Thomas W. Pyle (Public Member) Marvin C. Hines (Public Member) Judith H. Uherbelau W. Bradford Jonasson Joan J. LeBarron (Public Member) Region 4 Jonathan P. Levine (Public Member) Arnold S. Polk, Chair Richard M. Miller (Public Member) William G. Blair Irene Bustillos Taylor Loni J. Bramson (Public Member) James D. Van Ness Craig A. Crispin Mary Kim Wood Allen M. Gabel (Public Member) v white text 2005 DISCIPLINARY BOARD State Chair Colin D. Lamb Michael C. Zusman Pamela E. Yee State Chair-Elect Region 5 John A. Berge Susan G. Bischoff, Chair F. Gordon Allen Region 1 Barbara T. Anderson (Public Member) Carl W. Hopp Jr., Chair Ronald W. Atwood John A. Berge Alan M. Bacharach (Public Member) Arie C. DeGroot Carol J. Bernick William E. Flinn Ray E. Bozlee (Public Member) Paul B. Heatherman Anthony A. Buccino Gary L. Hedlund William B. Crow John G. McBee (Public Member) Howard I. Freedman (Public Member) William J. Olsen (Public Member) Gail C. Gengler (Public Member) Ernest Lyle Palmer Sandra Hansberger Ronald L. Roome (Public Member) Judith Hudson Marcia Keith (Public Member) Region 2 John L. Langslet Gregory E. Skillman, Chair Milton C. Lankton Dr. Peter W. Bergreen (Public Member) Michael R. Levine James (Jerry) Casby Charles Martin (Public Member) Jack A. Gardner Thomas H. Nelson Jens Schmidt Gerard P. Rowe Audun (Dunny) Sorensen (Public Richard G. Spier Member) Harry L. Turtledove (Public Member) Laurence E. Thorp Norman Wapnick Teresa L. Wright Region 3 R. Paul Frasier, Chair Region 6 John L. Barlow Hon. Jill A. Tanner, Chair Megan Annand James C. Edmonds Dwayne R. Murray Gilbert B. Feibleman Philip Duane Paquin (Public Member) Llewellyn M. Fischer Thomas Wilford Pyle (Public Member) Marvin C. Hines (Public Member) Judith H. Uherbelau W. Bradford Jonasson Joan J. LeBarron (Public Member) Region 4 Richard M. Miller (Public Member) Arnold S. Polk, Chair Irene Bustillos Taylor Loni J. Bramson (Public Member) James D. Van Ness Craig A. Crispin Mary Kim Wood Elmer M. Dickens Jr. Vacant (Public Member) Allen M. Gabel (Public Member) vi white text LIST OF CASES REPORTED Volume 19 DB Reporter (includes Oregon Supreme Court stipulations and decisions which also appear in the Advance Sheets) Page No. In re Ames ........................................................ 66 Violation of DR 1-103(C), DR 6-101(B), DR 7-101(A)(2), DR 9-101(C)(3), and DR 9-101(C)(4). Stipulation for Discipline. Two-year suspension. In re Andersen .....................................................227 Violation of DR 9-101(A) and DR 9-101(C)(3). Stipulation for Discipline. Six-month suspension. In re Botta .........................................................10 Violation of DR 1-102(A)(3), DR 1-102(A)(4), and DR 7-102(A)(5). Stipulation for Discipline. 90-day suspension. In re Bowles .......................................................140 Violation of DR 1-102(A)(2), DR 1-102(A)(3), DR 1-103(C), DR 2-106(A), DR 6-101(B), DR 9-101(A), DR 9-101(C)(3), and DR 9-101(C)(4). Stipulation for Discipline. One-year suspension. In re Camacho .....................................................337 Violation of DR 1-102(A)(4) and DR 7-110(B). Stipulation for Discipline. Public reprimand. In re Carreon ......................................................297 Violation of DR 3-101(B) and DR 9-101(A). Stipulation for Discipline. 60-day suspension. In re Casey ........................................................105 Violation of DR 3-101(B). Stipulation for Discipline. Public reprimand. In re Chase .......................................................322 Violation of DR 7-106(A). Supreme Court Opinion. 30-day suspension. vii Cases Reported in Volume 19 In re Coggins ...................................................... 124 Reciprocal discipline denied. In re Crews ....................................................... 122 Violation of DR 1-102(A)(2), DR 1-102(A)(3), DR 1-103(C), DR 6-101(B), DR 9-101(C)(4), WA RPC 1.15, WA RPC 8.4(b), WA RPC 8.4(c), and WA RPC 8.4(d). Trial Panel Opinion. Disbarment. In re Cumfer ....................................................... 27 Violation of DR 1-102(A)(4), DR 1-103(C), DR 2-110(B)(2), DR 5-101(A), DR 6-101(B), and DR 9-101(C)(4). Stipulation for Discipline. Two-year suspension. In re Damiano ..................................................... 256 Violation of DR 2-110(A)(2) and DR 6-101(B). Stipulation for Discipline. Public reprimand. In re Davis ........................................................ 116 Violation of DR 1-103(C), DR 6-101(B), and DR 7-101(A)(2). Stipulation for Discipline.
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