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IN THE SUPREME COURT OF THE STATE OF OREGON

In the Matter of Adoption ) ORDER NO. 09-076 of the OREGON RULES ) FOR ADMISSION OF ) ORDER AMENDING ATTORNEYS ) OREGON RULE FOR ) ADMISSION OF ) ATTORNEYS – 15.05

At its public meeting on December 2, 2009, the court considered and approved the amendment of the Rule for Admission of Attorneys 15.05. The proposed amendment to Rule 15.05 expands the reciprocity element of the rule. The new language is in bold print and the deleted language is struck out.

RECIPROCITY ADMISSION

15.05 Admission of Lawyers Attorneys Licensed to Practice Law in Alaska, Idaho, Utah and Washington other Jurisdictions

(1) Lawyers Attorneys who have taken and passed the bar examination in another qualifying jurisdiction Alaska, Idaho, Utah and/or Washington bar examina- tions, who are active members of the bar in that qual- ifying jurisdiction one or more of those state bars as a result of the passage of those examinations, and who have lawfully engaged in the active, substantial and continuous practice of law for no less than three five of the four seven years immediately preceding their appli- cation for admission under this rule may be admitted to the practice of law in Oregon without having to take and pass the Oregon bar examination, subject to the require- ments of this rule.

(2) For purposes of this rule, a ‘‘qualifying jurisdic- tion’’ means any other United States jurisdiction which allows attorneys licensed in Oregon to

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Amendment to Oregon Rule for Admission of Attorneys 15.05

become regular members of the bar in that juris- diction without passage of that jurisdiction’s bar examination. (3) All Alaska, Idaho, Utah and Washington attorneys seeking admission to practice law in Oregon under this rule must All applicants for admission under this rule shall:

(a) Present satisfactory proof of their:

(i) possession of a (1) Juris Doctor (J.D.) or (2) Bachelor of Law (LL.B.) degree from an ABA approved law school; or satisfaction of the requirements of rule 3.05(3);

(ii) passage of the the Alaska, Idaho, Utah and/ or Washington bar examinations in a qual- ifying jurisdiction;

(iii) admission to the practice of law in Alaska, Idaho, Utah and/or Washington a qualify- ing jurisdiction;

(iv) active membership in the Alaska Bar Asso- ciation, Idaho State Bar, Utah State Bar and/or Washington State Bar Association in good standing in a qualifying juris- diction; and

(v) lawful active, substantial and continu- ous practice of law for no less than three five of the four seven years immediately preceding their application for admission under this rule;

(b) Possess the good moral character and fitness required of all other applicants for admission to practice law in Oregon;

(c) Complete such applications and submit such other information as may be required by the

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Amendment to Oregon Rule for Admission of Attorneys 15.05

Oregon Board of Bar Examiners and the Oregon Supreme Court within six months of the date of filing the application; and

(d) pay such application fees and costs as may be established by the Oregon Board of Bar Exam- iners and the Oregon Supreme Court for appli- cants under this rule.

(4) The character and fitness of applicants under this rule shall be reviewed under the procedures set forth in ORS 9.220 and Admission Rules 6.05, 6.10, 6.15, and 9.05 to 9.60.

(5) All applicants admitted to practice law pursuant to this rule shall complete and certify prior to admission under this rule that, after filing of the application, he or she has attended at least fifteen hours of continu- ing legal education on Oregon practice and procedure and ethics requirements as regulated and approved by the Board of Bar Examiners.

(6) All applicants admitted to practice law pursuant to this rule shall obtain and maintain malpractice cov- erage from the Oregon State Bar Professional Liabil- ity Fund (PLF) as required by the rules and regula- tions of the fund. If an applicant is not required to maintain malpractice coverage through the PLF Oregon State Bar Professional Liability Fund, the applicant shall obtain and maintain other malprac- tice coverage covering the applicant’s law practice in Oregon which coverage shall be substantially equiva- lent to the Oregon State Bar Professional Liability Fund coverage plan.

(7) All applicants admitted to practice law pursuant to this rule shall be subject to and shall comply with the Oregon Rules of Professional Conduct, the Oregon State Bar Rules of Procedure, and all other rules and regulations applicable to members of the Oregon State Bar.

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(8) The provisions of this rule in effect at the time an application is filed shall apply to the appli- cation, notwithstanding subsequent amend- ments to this rule.

(9) Notwithstanding the practice time require- ments contained in paragraphs one (1) and three (3) of this rule, attorneys who are other- wise qualified under this rule, are, on the date of application, licensed in Washington, Idaho, Utah or Alaska, and file an application on or before December 31, 2015, need only demon- strate active, substantial and continuous prac- tice of law for three of the preceding five years prior to filing the application. If, in the judgment of the Oregon Supreme Court, it is in the best interest of the State of Oregon to discon- tinue reciprocity with other states, such decision may be implemented immediately by order of the Court. Additional states may be added to this rule by order of the Court upon petition of the Board of Governors of the Oregon State Bar and the Board of Bar Examiners.

(9) ‘‘Active practice of law‘‘ means, for the purposes of this rule, law-related professional activities including:

(a) Representation of one or more clients in the prac- tice of law;

(b) Service as a attorney with a local, state, territo- rial or federal agency, including military service;

(c) Teaching at a law school approved by the Council of the Section of Legal Education and Admis- sions to the Bar of the American Bar Association;

(d) Service as a judge in a federal, state, territorial, or local court of record;

(e) Service as a judicial law clerk; or

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(f) Service as corporate counsel. For purposes of this rule, the active practice of law shall not include work that was performed in advance of bar admission in any jurisdiction and shall not include work that, as undertaken, constituted the unlawful or unauthorized practice of law in the juris- diction in which it was performed or in the jurisdic- tion in which clients receiving the unlawful or unau- thorized services were located. The active practice of law need not have been full-time to qualify for consid- eration as prior active practice, but part-time practice must be shown to have consisted of at least 1,000 hours of work per annum to qualify as the practice of law.

(1) Notwithstanding Rule 15.05 (2)(a)(v), an applicant who has failed the Oregon Bar examination must present satisfactory proof of the lawful active practice of law in other jurisdictions for no less than five of the six years immediately preceding his or her applica- tion for reciprocity admission to qualify for admission under this rule.

IT IS HEREBY ORDERED that amendment of Rule 15.05 of the Oregon Rules for Admission of Attorneys be approved. Dated this 11th day of December, 2009.

Paul J. De Muniz Chief Justice

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