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OregonSB 1662025 Regular SessionSenateWALLET

Relating to the Oregon State Bar.

Sponsored By: Sponsor information unavailable

Signed by Governor

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Bill Overview

Analyzed Economic Effects

20 provisions identified: 7 benefits, 6 costs, 7 mixed.

Retired judges risk lower pension payments

Judges who retire under the higher-benefit option must complete required temporary judicial service unless excused for good cause. Failing to keep an active Oregon State Bar license is a voluntary act, not good cause. Judges who miss required service without an excuse may have their pension recalculated under the lower-benefit option.

Courts protect clients when practices close

Courts can appoint the Bar or a lawyer to protect clients when a practice lacks an adequate wind-down plan. Covered disruptions include death, disbarment, suspension, incarceration, or abandonment; intervention must be necessary to protect clients or the public. A petition pauses applicable client filing deadlines for 120 days, and an attorney filing it must notify the Bar. Custodian costs can become a judgment and lien against the licensee's non-trust assets, ahead of unsecured creditors. During probate, a circuit court can also decide who owns property in a deceased licensee's lawyer trust account.

Lawyer trust accounts face closer oversight

Active Bar licensees must report yearly whether they maintain Oregon lawyer trust accounts, listing each financial institution and account number. The Bar's chief executive officer sets the form and deadline. Missing the correction period in a default notice automatically suspends the license; reinstatement requires required payments and compliance with reinstatement rules. The Oregon Supreme Court can establish an overdraft notice program, and Bar rules bind licensees only after Court approval.

Associate licensees recognized in household cases

Associate Oregon State Bar licensees count as attorneys under support-payment and enforcement laws when working within their approved scope. The same recognition applies in landlord-tenant matters and the possession cases covered by the law. These changes do not alter support-payment amounts.

Deposition conflict rules cover associate licensees

Associate Bar licensees working within their approved scope face the attorney conflict rules for stenographically recording depositions. They cannot record when listed relationships or interests involving a party or financially interested person disqualify them. A deposition recorded in violation cannot be used in the case.

Lawyers can request updated foreclosure notices

After a foreclosure stay ends, trustees must provide amended sale notices to requesting Bar licensees who supply the required materials. For registered or certified mail, the request must include the default notice or trustee-sale identification number. It must also include a stamped, self-addressed envelope at least 8.5 by 11 inches. Trustees can instead post a true copy or link on their website. Amended notices must be issued within 30 days after the stay ends and at least 15 days before the amended sale.

Businesses can use nonlawyer board representatives

Businesses can use qualifying nonlawyers in proceedings before the Construction Contractors Board. Corporations must use officers; partnerships and limited liability partnerships must use partners, and limited partnerships must use general partners. Manager-managed limited liability companies must use managers, while member-managed companies must use members. Board rules may cover additional business forms using directors, officers, partners, trustees, managers, or authorized regular employees.

Bar leadership must serve public interests

The Oregon State Bar's board must direct its work toward the public interest. This includes advancing a fair, inclusive, and accessible justice system. Courts may also formally recognize the Bar's professional conduct rules through the judicial notice process.

Lawyers’ work files gain search protections

The law protects Oregon lawyers’ files, papers, belongings, and work premises related to legal services from search or seizure. Evidence obtained by violating this protection cannot be used in criminal or civil cases. The protection does not apply when probable cause exists that the lawyer committed, is committing, or is about to commit a crime.

Lawyer notaries can certify payment refusals

Active Bar licensees acting as notaries, and people they directly supervise, may formally certify refusal to pay commercial paper. This process is called a protest. A notary personally party to the paper remains barred when a financial institution, trust company, or investment company owns or holds it for collection.

Local judges must complete required training

Justices of the peace without Bar licenses must complete at least 30 hours of approved education every two calendar years. The Chief Justice or a designee must conduct and supervise, or approve, the programs. These justices must file an annual report by March 1 of the following year. Municipal judges must hold Bar licenses and complete the National Judicial College special-jurisdiction course or a Chief Justice-approved equivalent. The course deadline is 12 months after election or appointment, unless an extension is granted.

Foster care advisers need relevant expertise

The Governor's Child Foster Care Advisory Commission includes a legal-professional category for Bar licensees with family and juvenile dependency expertise. Commission members must be Oregon residents with experience and expertise in the state's foster care system. These membership rules do not change household eligibility for foster care benefits.

Local judges face Bar license requirements

Counties can require a Bar license when establishing a justice of the peace district, and qualification language shifts from membership to licensure. A justice court becoming a court of record requires a licensed justice, except within 50 driving miles of the county circuit court. Distance follows the shortest public-road route. When an ordinance makes a justice or municipal court a court of record, the license rule covers later elections and appointments, without cutting short an existing term. Judges in municipal courts becoming courts of record must also hold Bar licenses.

Military legal officers face license standards

The State Judge Advocate must be a Bar licensee in good standing with at least five years of Bar licensure. Assistants, including temporary assistants, must also be licensees in good standing. Temporary assistants have 12 months to meet military justice qualifications, with a possible 12-month extension. Oregon military appellate judges must hold Bar licenses, be admitted before the Oregon Supreme Court, and meet prior-service requirements. They also need five years of Judge Advocate General's Corps experience or 15 years in the Oregon Civil Defense Force Judge Advocate Branch.

Public records and land-use officials need licenses

The Public Records Advocate and deputy must be Oregon State Bar licensees in good standing. Members appointed to the Land Use Board of Appeals under the covered appointment rule must meet the same license standard.

Bar applicants face broader fingerprint checks

The Bar board can require fingerprints for admission, reinstatement, or license renewal when requesting state or nationwide criminal-record checks. The Bar must mail fee or liability-fund delinquency notices to licensees who are not required to keep email addresses on file. The mailing rule does not change the amount owed.

Legal fee liens reach client property

Bar licensees licensed to practice law can claim fee liens on client property, money, legal claims, and awards. Money-judgment claims must be filed within three years; specified personal-property judgment claims have a one-year deadline after judgment and any appeal. Qualifying non-attorney licensees can claim liens on real-property judgments within six months after judgment and any appeal. A written client agreement can extend foreclosure of those liens to two years after the lien notice is filed. Owners can discharge covered liens with a bond, irrevocable letter of credit, or deposit worth at least 150% of the lien.

Lawyers qualify for real estate roles

A lawyer serving as a trust deed trustee must hold an active Bar license. A law practice qualifies if it includes an active attorney licensee. Bar licensees may serve as timeshare escrow agents, using accounts devoted solely to the covered timeshare funds. Active attorney licensees may qualify to provide real estate continuing education, as may firms with at least one associated active attorney.

State bodies set outside counsel rules

The Legislative Counsel Committee can hire Bar licensees to protect official legislative interests, using available committee funds for legal costs. Separate counsel approved by the Attorney General for conflicting agency interests must hold a Bar license. The Employment Relations Board must designate licensed counsel, who may represent it in court but not appear before it in another role. Ethics Commission counsel must also be licensed. That commission can appoint counsel only after finding conflicting Attorney General representation contrary to the public interest and outside two statutory representation provisions.

State hearings require qualified legal leadership

The chief administrative law judge must hold an active Bar license at appointment. The appointee needs at least one year of work in administrative law or hearings and must meet remaining judge qualifications within six months. At least one of the Governor's two hearings oversight appointees must be an active Bar licensee. That person must have experience representing parties other than agencies in contested hearings.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 92 • No: 4

House vote • 4/28/2025

Third reading. Carried by Wallan. Passed.

Yes: 51 • No: 3

House vote • 4/22/2025

Judiciary: Heard and Reported Out

Yes: 8 • No: 0

Senate vote • 2/11/2025

Third reading. Carried by McLane. Passed.

Yes: 27 • No: 1

Senate vote • 1/30/2025

Judiciary: Heard and Reported Out with Amendments

Yes: 6 • No: 0

Actions Timeline

  1. Effective date, January 1, 2026.

    5/14/2025Senate

  2. Chapter 32, 2025 Laws.

    5/14/2025Senate

  3. Governor signed.

    5/7/2025Senate

  4. Speaker signed.

    4/29/2025House

  5. President signed.

    4/29/2025Senate

  6. Third reading. Carried by Wallan. Passed.

    4/28/2025House

  7. Second reading.

    4/24/2025House

  8. Recommendation: Do pass.

    4/23/2025House

  9. Work Session held.

    4/22/2025House

  10. Public Hearing held.

    4/15/2025House

  11. Referred to Judiciary.

    2/20/2025House

  12. First reading. Referred to Speaker's desk.

    2/18/2025House

  13. Third reading. Carried by McLane. Passed.

    2/11/2025Senate

  14. Second reading.

    2/6/2025Senate

  15. Recommendation: Do pass with amendments. (Printed A-Eng.)

    2/5/2025Senate

  16. Work Session held.

    1/30/2025Senate

  17. Public Hearing held.

    1/23/2025Senate

  18. Referred to Judiciary.

    1/17/2025Senate

  19. Introduction and first reading. Referred to President's desk.

    1/13/2025Senate

Bill Text

  • SJUD Amendment -1 (Adopted)

    1/30/2025

    PDF

  • A-Engrossed

    PDF

  • Enrolled

    PDF

  • Introduced

    PDF

  • Senate Amendments to Introduced

    PDF

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