Chapter 9 — Chapter 9

ORS 9.005 Definitions for ORS 9.005 to 9.757. As used in ORS 9.005 to 9.757, unless the context or subject matter requires otherwise

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ORS 9.006 Authority of Supreme Court. Nothing in ORS 9.005 to 9.757 affects the inherent authority of the Supreme Court to adopt rules for the operation of the courts, including any rules relating to the regulation of the practice of law, that are deemed necessary by the court. [2019 c.248 §6]

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ORS 9.010 Status of licensee and Oregon State Bar; applicability of statutes. (1) A licensee, admitted to practice in this state, is an officer of the court

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ORS 9.020 [Amended by 1971 c.103 §1; repealed by 1973 c.114 §5]

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ORS 9.025 Board of governors; number; eligibility; term. (1)(a) The Oregon State Bar shall be governed by a board of governors consisting of 19 members

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ORS 9.030 Voting rights; eligibility of licensees for board of governors and house of delegates. (1) An active licensee of the Oregon State Bar shall vote for members of the board of governors and house of delegates representing the region in which the licensee maintains the licensee’s principal office

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ORS 9.040 Election of governors; rules; vacancies. (1) The election of governors shall be held annually on a date set by the board of governors. Any licensee of the Oregon State Bar who is eligible to serve as a governor for a region may file a signed statement of candidacy for the region. Statements of candidacy must be filed with the chief executive officer of the bar. The board shall establish a deadline for filing statements of candidacy

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ORS 9.042 Determination of eligibility of candidate for board of governors; procedure; review by Supreme Court. (1) Upon the written request of any licensee of the Oregon State Bar, or upon the board’s own motion, the board of governors shall determine the eligibility of a candidate for the board. A request under this section must be filed with the chief executive officer of the bar within 30 days after the final day on which statements of candidacy are required to be filed. The board shall give written notice of the request to the candidate whose eligibility will be determined. The board shall provide an opportunity to the candidate to respond on the issue of the candidate’s eligibility

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ORS 9.050 Recall or removal of governors. (1)(a) On petition signed by 25 percent of the licensees in any region for the recall of any governor elected from that region, the chief executive officer of the Oregon State Bar shall serve notice as soon as possible on the governor informing the governor that the petition has been filed. If the governor does not resign within 10 days after the date the notice is served, the chief executive officer shall distribute ballots to each active licensee of the bar within the region eligible to vote, submitting the question whether the governor shall be recalled. If a majority of the licensees voting at the election vote in favor of the recall, the governor is recalled

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ORS 9.055 Chief executive officer. The board of governors shall appoint a chief executive officer of the Oregon State Bar. The chief executive officer is the chief administrative employee of the bar. The chief executive officer may, but need not, be a licensee of the bar. The chief executive officer serves at the board’s discretion and shall perform such duties as the board prescribes. [2017 c.94 §2; 2025 c.32 §8]

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ORS 9.060 President, president-elect and immediate past president. A president and president-elect shall be elected by the governors each year immediately following the annual election of governors and before the newly elected governors have qualified. The president and president-elect shall be elected from among the board members. All officers shall continue in office until their successors are elected and qualify. Vacancies in any of the offices shall be filled by the board by appointment for the remainder of the term. Upon completion of the term for which the president is elected or appointed, the president becomes the immediate past president and shall serve as a nonvoting, ex officio member of the board for one year. All officers shall take office as provided by the bar bylaws. [Amended by 1985 c.512 §2; 1991 c.726 §1; 1995 c.302 §3; 2017 c.94 §13; 2023 c.5 §1]

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ORS 9.070 Duties of president and president-elect; deposit and disbursement of fees. (1) The president shall preside at all meetings of the house of delegates and of the board of governors, and in the president’s absence or inability to act, the president shall designate another officer to preside. The board of governors may prescribe other duties of the president and president-elect

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ORS 9.080 Duties and authority of bar and of board of governors; professional liability fund; quorum; status of employees of bar. (1) The state bar shall be governed by the board of governors, except as provided in ORS 9.136 to 9.155. The state bar has the authority to adopt, alter, amend and repeal bylaws and to adopt new bylaws containing provisions for the regulation and management of the affairs of the state bar not inconsistent with law. The board is charged with the executive functions of the state bar and shall at all times direct its power to serve the public interest by

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ORS 9.090 Appropriation and disbursement of funds. The board may make appropriations and disbursements from the funds of the bar and pay all necessary expenses. [Amended by 1969 c.314 §5; 1979 c.252 §17]

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ORS 9.100 Statement of financial condition. The board shall have prepared annually a statement explaining the financial condition of the Oregon State Bar for the 12 months preceding. The chief executive officer of the bar shall promptly submit the statement to the Chief Justice of the Supreme Court. [Amended by 1991 c.726 §2; 2017 c.94 §7]

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ORS 9.110 Board of governors to formulate rules. The board of governors may formulate and declare rules for carrying out the functions of the state bar. [Amended by 1975 c.641 §4; 1981 c.193 §5; 1995 c.302 §5]

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ORS 9.112 Board of governors to establish minimum continuing legal education requirements. The board of governors shall by rule establish minimum continuing legal education requirements for all active licensees of the Oregon State Bar. Rules adopted by the board of governors are subject to review by the Supreme Court. [1999 c.953 §3; 2025 c.32 §11]

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ORS 9.114 Mandatory training on duties relating to reporting child abuse and abuse of elderly persons; rules. The Oregon State Bar shall adopt rules to establish minimum training requirements for all active attorney licensees of the bar relating to the duties of attorneys under ORS 124.060 and 419B.010. Rules adopted under this section are subject to review and approval by the Supreme Court. [1999 c.953 §2; 2013 c.352 §7; 2023 c.72 §4; 2025 c.32 §12]

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ORS 9.120 [Repealed by 1995 c.302 §23]

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ORS 9.130 [Amended by 1979 c.508 §2; 1981 c.193 §2; 1983 c.373 §1; repealed by 1995 c.302 §23]

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ORS 9.132 [1993 c.131 §2; renumbered 9.685 in 2011]

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ORS 9.136 House of delegates created; membership; terms. (1) The house of delegates of the Oregon State Bar is created. The house consists of elected and ex officio voting delegates. All delegates must be active licensees of the state bar except for the public members of the board of governors and the public members appointed by the board pursuant to ORS 9.145

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ORS 9.139 Powers of house of delegates. (1) The delegates at a meeting of the house of delegates may, by a vote of the majority of the delegates attending the meeting, do either of the following

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ORS 9.142 Rules for conduct of business; meetings. (1) The board of governors shall formulate rules for the conduct of the business of the house of delegates. Rules adopted by the board become effective upon the adoption of the rules by the house of delegates. The president of the Oregon State Bar may call special meetings of the house. The president shall call a special meeting of the house if 25 or more delegates make a written request for a special meeting. A majority of the total number of delegates constitutes a quorum for any regular or special meeting of the house

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ORS 9.145 Public members. The board of governors shall appoint a public member delegate for each region in the State of Oregon established by ORS 9.025 (2)(a). A public member delegate shall serve a three-year term. A vacant public member delegate position shall be filled for the remainder of the term by a delegate appointed by the board of governors. The appointment of public member delegates shall be made by the board before the time set for the election of delegates under ORS 9.152. The term of a public member delegate shall commence on the same date that the term of an elected delegate commences. [1995 c.302 §10; 2001 c.297 §3; 2015 c.122 §3]

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ORS 9.148 Participation by nondelegates; referral of question for vote; petition for consideration or vote. (1) Active licensees of the Oregon State Bar may participate in the discussion of matters before the house of delegates, but only delegates may vote. The house of delegates may by rule impose restrictions on participation by licensees of the state bar who are not delegates

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ORS 9.150 Termination of delegate’s term. The term of service of any delegate shall end upon the death or resignation of the delegate. If the delegate is an attorney delegate, the term of service shall end on the date that the delegate

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ORS 9.152 Election of delegates; rules. (1) The election of delegates to the house of delegates shall be held annually on a date set by the board of governors. The election shall be by ballot. Any licensee of the Oregon State Bar who is eligible to serve as a delegate for a region may file a signed statement of candidacy for the region. Statements of candidacy must be filed with the bar at least 30 days before the election

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ORS 9.155 Recall of delegate. Upon the filing of a petition with the Oregon State Bar signed by 25 percent of the licensees of the bar from a region for the recall of a delegate elected from that region, the chief executive officer of the bar shall serve notice on the delegate of the filing of the petition. If the delegate does not resign within 15 days after the date that the notice is served, the chief executive officer shall distribute ballots to each licensee of the bar within the region. The ballots shall submit the question of whether the delegate should be recalled. If a majority of the licensees voting in the election vote in favor of the recall, the delegate is recalled and the position held by the delegate becomes vacant upon the chief executive officer’s declaration of the results of the election. [1995 c.302 §14; 2001 c.297 §6; 2017 c.94 §10; 2025 c.32 §17]

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ORS 9.160 Bar license required to practice law; exceptions. (1) Except as provided in this section, a person may not practice law in this state, or represent that the person is qualified to practice law in this state, unless the person is an active licensee of the Oregon State Bar

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ORS 9.162 Definitions for ORS 9.160 to 9.166. As used in ORS 9.160 to 9.166 and 9.280, unless the context or subject matter requires otherwise

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ORS 9.164 Investigation of alleged violation of ORS 9.160. Upon written complaint of any person or upon its own initiative, the Board of Governors of the Oregon State Bar shall investigate any alleged violation of ORS 9.160. [1987 c.860 §3]

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ORS 9.166 Enjoining practicing law without a license; restitution to victim. If the board has reason to believe that a person is practicing law without a license, the board may maintain a suit for injunctive relief in the name of the Oregon State Bar against any person violating ORS 9.160. The court shall enjoin any person violating ORS 9.160 from practicing law without a license. Any person who has been so enjoined may be punished for contempt by the court issuing the injunction. An injunction may be issued without proof of actual damage sustained by any person. The court shall order restitution to any victim of any person violating ORS 9.160. The prevailing party may recover its costs and attorney fees in any suit for injunctive relief brought under this section in which the board is the plaintiff. [1987 c.860 §4; 2001 c.300 §57; 2003 c.260 §3; 2003 c.670 §6]

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ORS 9.180 Classes of licenses. All persons admitted to practice law in this state thereby shall become active licensees of the bar. Every licensee shall be an active licensee unless, at the licensee’s request, or for reasons prescribed by statute, the rules of the Supreme Court, or the rules of procedure, the licensee is enrolled as an inactive licensee. An inactive licensee may, on compliance with the rules of the Supreme Court and the rules of procedure and payment of all required fees, again become an active licensee. Inactive licensees may not hold office or vote, but they shall have such other privileges as the board may provide. [Amended by 1961 c.499 §1; 1979 c.252 §18; 2025 c.32 §19]

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ORS 9.190 [Amended by 1957 c.271 §1; 1961 c.138 §1; part renumbered 9.200 (2); repealed by 1969 c.602 §1 (9.191 enacted in lieu of 9.190)]

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ORS 9.191 Annual licensure fees; professional liability assessments. (1) Except as provided in subsection (2) of this section, the annual licensure fees to be paid by licensees of the Oregon State Bar shall be established by the Board of Governors of the Oregon State Bar, and each year notice of the proposed fees for the coming year shall be published and distributed to the licensees not later than 20 days before the annual meeting of the house of delegates. Any increase in annual licensure fees over the amount established for the preceding year must be approved by a majority of delegates of the house of delegates voting thereon at the annual meeting of the house of delegates. The board shall establish the date by which annual licensure fees must be paid

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ORS 9.200 Effect of failure to pay licensure fees; reinstatement. (1) Any licensee in default in payment of licensure fees established under ORS 9.191 (1) or any licensee in default in payment of assessed contributions to a professional liability fund established under ORS 9.080 (2) shall be given written notice of delinquency and a reasonable time to cure the default. The chief executive officer of the Oregon State Bar shall send the notice of delinquency to the licensee at the licensee’s electronic mail address on file with the bar on the date of the notice. The chief executive officer shall send the notice by mail to any licensee who is not required to have an electronic mail address on file with the bar under the rules of procedure and the rules of the Supreme Court. If a licensee fails to pay the fees or contributions within the time allowed to cure the default as stated in the notice, the licensee is automatically suspended. The chief executive officer shall provide the names of all licensees suspended under this section to the State Court Administrator and to each of the judges of the Court of Appeals, circuit and tax courts of the state

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ORS 9.210 Board of bar examiners; fees of applicants for admission to bar. (1) The Supreme Court shall appoint a board of bar examiners to carry out the admissions functions of the Oregon State Bar as set forth in the bar bylaws and the rules of the Supreme Court. The composition of the board of bar examiners shall be as provided in the rules of the Supreme Court, but the board must include at least two public members

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ORS 9.220 General requirements for admission. An applicant for admission as a licensee of the bar must apply to the Supreme Court and show that the applicant

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ORS 9.230 [Repealed by 1981 c.193 §12]

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ORS 9.240 [Amended by 1961 c.499 §3; repealed by 1993 c.213 §2]

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ORS 9.241 Practice of law by attorneys licensed in other jurisdictions; associate licensure; rules; fee. (1) Notwithstanding ORS 9.160, the Supreme Court may adopt rules to govern the appearance in judicial and administrative proceedings by attorneys who have not been admitted to practice law in this state. Subject to those rules, an attorney who has not been admitted to practice law in this state may appear as counsel for a party in an action or proceeding before a court, or may appear as counsel for a party in an administrative proceeding, if the attorney is associated with an active licensee of the Oregon State Bar

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ORS 9.242 Advice on law of foreign jurisdiction; rules. (1) The Supreme Court may adopt rules permitting a person licensed to practice law in a foreign jurisdiction to advise on the law of that foreign jurisdiction in Oregon without the necessity of compliance with ORS 9.160

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ORS 9.250 Order for admission; oath of qualified applicant. (1) If the Supreme Court finds that an applicant for admission as a licensee of the bar is 18 years of age or more, is of good moral character and fit to practice law, and possesses the requisite learning and ability to practice as a licensee, the court shall enter an order that the applicant be admitted to practice as a licensee. The order shall specify that admission take effect upon the applicant taking the oath required by subsection (2) of this section

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ORS 9.260 [Amended by 1953 c.604 §1; 1979 c.252 §21; repealed by 1989 c.1052 §7 (9.261 enacted in lieu of 9.260)]

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ORS 9.261 Resignation of licensee. (1) A licensee may resign from licensure by the bar pursuant to rules adopted by the board under ORS 9.542. After acceptance of the resignation by the Supreme Court, the licensee shall not be entitled to the rights nor subject to the disabilities or prohibitions incident to licensure, except that the licensee is still subject to the power of the court in respect to matters arising prior to the resignation

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ORS 9.270 [Amended by 1953 c.604 §1; 1961 c.499 §4; 1971 c.193 §17; 1979 c.252 §22; repealed by 1989 c.1052 §26]

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ORS 9.280 Prohibition on acting as immigration consultant; definitions; exception. (1) It shall be a violation of ORS 9.160 for any person to engage in the business or act in the capacity of an immigration consultant in this state, for compensation, unless the person is an active licensee of the Oregon State Bar

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ORS 9.310 Attorney defined; counsel. An attorney is a person authorized to represent a party in the written proceedings in any action, suit or proceeding, in any stage thereof. An attorney, other than the one who represents the party in the written proceedings, may also represent a party in court, or before a judicial officer, in which case the attorney is known as counsel, and the authority of the attorney is limited to the matters that transpire in the court or before such officer at the time

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ORS 9.320 Necessity for employment of attorney; effect of employment. Any action, suit, or proceeding may be prosecuted or defended by a party in person, or by attorney, except that the state or a party that is not a natural person appears by attorney in all cases, unless otherwise specifically provided by law. Where a party appears by attorney, the written proceedings must be in the name of the attorney, who is the sole representative of the client of the attorney as between the client and the adverse party, except as provided in ORS 9.310. [Amended by 1975 c.451 §171; 2015 c.7 §1]

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