Rule 2.4 - Disciplinary Board(a) Composition. The Supreme Court appoints members of the Disciplinary Board. The Disciplinary Board shall consist of the Adjudicator, 7 regional chairpersons, and, for each Board region within the state of Oregon, the following additional attorney members and public members (who are not attorneys or LPs): (1) Region 1: 15 attorney members and 3 public members;(2) Region 2: 6 attorney members and 2 public members;(3) Region 3: 6 attorney members and 2 public members;(4) Region 4: 16 attorney members and 4 public members;(5) Region 5: 29 attorney members and 8 public members;(6) Region 6: 17 attorney members and 4 public members; and(7) Region 7: 6 attorney members and 2 public members.(b) The regional chairpersons shall be attorneys. The attorney members of the Disciplinary Board, including the Adjudicator and the regional chairpersons, shall be resident attorneys admitted to practice in Oregon for at least 3 years. Except for the Adjudicator, members of each regional panel shall either maintain their principal office within their respective region or maintain their residence therein. The members of each region shall constitute a regional panel. Trial panels shall consist of the Adjudicator, 1 additional attorney member, and 1 public member, except as provided in BR 2.4(f)(3).(c) Term. (1) The Adjudicator shall serve pursuant to appointment of the court. Disciplinary Board members other than the Adjudicator shall serve terms of 3 years and may be reappointed. Regional chairpersons shall serve in that capacity for terms of 1 year, subject to reappointment by the court.(2) Notwithstanding BR 2.4(a) and 2.4(b)(1), the powers, jurisdiction and authority of Disciplinary Board members other than the Adjudicator shall continue beyond the expiration of their appointment or after their relocation to another region for the time required to complete the cases assigned to them during their term of appointment or prior to their relocation, and until a replacement appointment has been made by the court. The regional chairpersons shall serve until a replacement appointment has been made by the court.(d) Resignation and Replacement. The court may remove, at its discretion, or accept the resignation of, any member of the Disciplinary Board and appoint a successor. Any person so appointed to serve in a position that has time remaining in the unexpired term shall serve the time remaining in the unexpired term of the member who is replaced.(e) Conduct. Disqualifications and Suspension of Service.(1) Disciplinary Board members are subject to the Disciplinary Board Code of Conduct, including the rules for disqualifications contained in the Disciplinary Board Code of Conduct.(2) The following individuals shall not serve on the Disciplinary Board: (A) A member of the Board or the SPRB shall not serve on the Disciplinary Board during the member's term of office. This disqualification also precludes an attorney or public member from serving on the Disciplinary Board while any member of their firm is serving on the Board or the SPRB.(B) No member of the Disciplinary Board shall sit on a trial panel with regard to a subject matter considered by the Board or the SPRB while they were a member thereof or with regard to subject matter considered by any member of their firm while a member of the Board or the SPRB.(3) A member of the Disciplinary Board against whom charges of misconduct have been approved for filing by the SPRB is suspended from service on the Disciplinary Board until those charges have been resolved by final decision or order. If a Disciplinary Board member is suspended from the practice of law as a result of a final decision or order in a disciplinary proceeding, the member may not resume service on the Disciplinary Board until the member is once again authorized to practice law. For the purposes of this rule, charges of misconduct include authorization by the SPRB to file a formal complaint pursuant to BR 4.1, the determination by the SPRB to admonish an attorney pursuant to BR 2.6(c)(1)(B) or BR 2.6(e)(1) which admonition is thereafter refused by the attorney, Disciplinary Counsel's notification to the court of a criminal conviction pursuant to BR 3.4(a), and Disciplinary Counsel's notification to the court of an attorney's discipline in another jurisdiction pursuant to BR 3.5(a).(f) Duties of Adjudicator. (1) The Adjudicator shall coordinate and supervise the activities of the Disciplinary Board.(2) Unless disqualified after a challenge for cause pursuant to BR 2.4(g), the Adjudicator shall serve as trial panel chairperson for each trial panel adjudicating a formal proceeding, a contested reinstatement proceeding, or a proceeding brought pursuant to BR 3.5; and shall preside in every proceeding brought pursuant to BR 3.1 or 3.4. Upon the stipulation of the Bar and a respondent or applicant, the Adjudicator shall serve as the sole adjudicator in a disciplinary proceeding, a contested reinstatement proceeding, or a proceeding brought pursuant to BR 3.5 and shall have the same duties and authority under these rules as a three-member trial panel. In the event the Adjudicator is disqualified or otherwise unavailable to serve as trial panel chairperson, the regional chairperson shall appoint another attorney member of the Disciplinary Board to serve on the trial panel, with all the duties and responsibilities as the Adjudicator as to that proceeding from the date of appointment forward.(3) The Adjudicator shall rule on all motions for default filed pursuant to BR 5.8.(4) The Adjudicator shall determine the timeliness of both peremptory challenges and challenges for cause, including challenges for cause as to the Adjudicator, and, as appropriate, grant or deny peremptory challenges and resolve all challenges for cause to the qualifications of all trial panel members other than the Adjudicator appointed pursuant to BR 2.4(e)(2), BR 2.4(e)(9), and BR 2.4(f).(5) Upon receipt of written notice from the Disciplinary Board Clerk of a Supreme Court referral pursuant to BR 8.8, the Adjudicator shall appoint an attorney member and a public member from an appropriate region to serve on the trial panel with the Adjudicator. The Adjudicator shall give written notice to Disciplinary Counsel, Bar Counsel, and the applicant of such appointments and a copy of the notice shall be filed with the Disciplinary Board Clerk.(6) The Adjudicator shall appoint an attorney member of the Disciplinary Board to conduct prehearing conferences as provided in BR 4.6.(7) The Adjudicator may appoint Disciplinary Board members from any region to conduct prehearing conferences pursuant to BR 4.6, to participate with the Adjudicator in a show cause hearing pursuant to BR 6.2(d), to serve on trial panels to resolve matters submitted to the Disciplinary Board for consideration by the court, or when an insufficient number of members is available within a region for a particular proceeding.(8) Upon receiving notice from the Disciplinary Board Clerk of a regional chairperson's appointment of an attorney member and a public member pursuant to BR 2.4(f)(1), and upon determining that either no timely challenge pursuant to BR 2.4(g) was filed or that a timely-filed challenge pursuant to BR 2.4(g) has either been denied or resulted in the appointment of a substitute member or members, the Adjudicator shall promptly establish the date and time of hearing pursuant to BR 5.4 and notify, in writing, the Disciplinary Board Clerk and the parties of the date and place of hearing. The Disciplinary Board Clerk shall provide to the trial panel members a copy of the formal complaint or statement of objections and, if one has been filed, the answer of the respondent or applicant.(9) The Adjudicator shall rule on all questions of procedure and discovery, including such questions that may arise prior to the filing of a formal complaint, except as specifically provided elsewhere in these rules. The Adjudicator may convene the parties or their counsel before the hearing, to discuss the parties' respective estimates of time necessary to present evidence, the availability and scheduling of witnesses, the preparation of trial exhibits, and other issues that may facilitate an efficient hearing. The Adjudicator may thereafter issue an order regarding agreements or rulings made at such prehearing meeting.(10) The Adjudicator shall convene the trial panel hearing, oversee the orderly conduct of the same and timely file with the Disciplinary Board Clerk the written opinion of the trial panel. In all trial panels in which the Adjudicator is a member of the majority, the Adjudicator shall author the trial panel opinion. In the event the Adjudicator is not a member of the majority, the attorney member of the panel shall author and timely file the trial panel opinion.(11) In matters involving final decisions of the Disciplinary Board under BR 10.1, the Adjudicator shall review statements of costs and disbursements and objections thereto and shall fix the amount of actual and necessary costs and disbursements to be recovered by the prevailing party.(12) The Adjudicator shall preside in all matters involving the filing of a petition for suspension pursuant to BR 7.1.(13) Upon appointment by the court, the Adjudicator shall perform the duties of the court set forth in BR 3.2.(14) In the event of the Adjudicator's unavailability to perform the functions set forth above, and upon written request made by General Counsel, the regional chairperson shall exercise the duties and responsibilities of the Adjudicator during the Adjudicator's unavailability. The regional chairperson's authority under this subsection shall cease upon order of the Adjudicator or the court. Unavailability for the purposes of this rule means the Adjudicator has taken a planned leave of more than fourteen (14) days, or is unavailable because of death or then existing physical or mental illness or infirmity.(15) Notwithstanding requirements for in-person proceedings contained in BR 3.1, 3.2, 3.4, 3.5, 5.3, and 8.8, the Adjudicator may order that any disciplinary hearings or proceedings take place by videoconference, or such other means that allow for remote participation of all parties, if the Adjudicator determines remote participation is necessary to comply with local, state, or national public health orders or recommendations. Such hearings or proceedings may also take place by remote participation by agreement of the parties with the approval of the Adjudicator.(g) Duties of Regional Chairperson.(1) Upon receipt of written notice from Disciplinary Counsel pursuant to BR 4.1(f) or written notice from the Adjudicator pursuant to BR 3.5(g) or 5.8(a), the regional chairperson shall appoint an attorney member and a public member to serve with the Adjudicator on the trial panel from the members of the regional panel. The regional chairperson shall give written notice to Disciplinary Counsel, Bar Counsel, and the respondent of such appointments, and a copy of the notice shall be filed with the Disciplinary Board Clerk. In the event a member is disqualified pursuant to BR 2.4(g) or becomes unavailable to serve, the regional chairperson shall appoint a replacement member, giving written notice of such appointment as is given of initial appointments.(2) The regional chairperson shall rule on all timely challenges for cause to the Adjudicator or to any attorney appointed to the role of Adjudicator pursuant to this paragraph brought pursuant to BR 2.4(g). In the event the Adjudicator is disqualified for cause or is otherwise unavailable to chair a trial panel, the regional chairperson shall appoint an attorney member from within the region to serve in place of the Adjudicator who has all the duties and responsibilities of the Adjudicator in that proceeding. In the event no attorney member from within the region is available to serve in place of the Adjudicator, the regional chairperson shall so notify the Disciplinary Board Clerk, who will ask another regional chairperson to appoint an attorney member pursuant to the authority granted the Adjudicator in BR 2.4(e)(9). The attorney member so appointed shall have all the duties and responsibilities of the Adjudicator in that proceeding.(3) The regional chairperson may serve on trial panels during their term of office.(4) Upon written request from the General Counsel pursuant to BR 2.4(e)(14), the regional chairperson shall exercise the duties and responsibilities of the Adjudicator until such authority is terminated by order of the Adjudicator or the court.(h) Challenges. The Bar and a respondent or applicant shall be entitled to one peremptory challenge of either the attorney member who is not the Adjudicator or the public member. A peremptory challenge shall be timely if filed in writing within ten days following that member's appointment to the trial panel with the Disciplinary Board Clerk. A challenge for cause as may arise under the Disciplinary Board Code of Conduct may be filed by the Bar, the respondent, or an applicant as to any member of the trial panel. A challenge for cause shall state the reason for the challenge and is timely if filed in writing within ten days following the date of the member's appointment to the trial panel or the date the Bar, the respondent, or an applicant discovers the information raising a disqualification issue, whichever is later. For purposes of this paragraph, the Adjudicator is deemed appointed to the trial panel on the same date that the regional chairperson appoints the other two members of the trial panel pursuant to BR 2.4(f)(1). A copy of the challenge for cause shall be immediately provided by email to the challenged panel member by the Disciplinary Board Clerk. The opposing party and the challenged panel member may file a response to the challenge within 10 days of receipt of a copy of the challenge from the Disciplinary Board Clerk. No further written submissions are allowed unless requested by the Adjudicator or the regional chair.
The ruling on any challenge for cause must be in writing. The written ruling shall identify specific findings of fact and conclusions of law if the challenge is allowed. The written ruling on a challenge shall be filed with the Disciplinary Board Clerk, who shall send copies of the ruling to all parties. The Bar and a respondent or applicant may waive a disqualification of a member in the same manner as in the case of a judge under the Code of Judicial Conduct.
(i) Duties of Trial Panel.(1) Trial. The trial panel to which a disciplinary or contested reinstatement proceeding has been referred has a duty to promptly try the issues.(2)(A) Opinions. The trial panel shall issue a written opinion identifying the concurring members of the trial panel. A dissenting member shall be identified and may file a dissenting opinion attached to the majority opinion. The majority opinion shall include specific findings of fact, conclusions of law, and a disposition. In any matter in which the Adjudicator is not a member of the majority, the other attorney member shall author the trial panel opinion. The author of any opinion shall file the original opinion with the Disciplinary Board Clerk, and the Disciplinary Board Clerk shall send copies to the parties. The opinion shall be filed within 28 days after the conclusion of the hearing, the settlement of the transcript if required under BR 5.3(e), or the filing of briefs if requested by the Adjudicator pursuant to BR 4.8, whichever is later.(B) Extensions of Time to File Opinions. If the trial panel requires additional time to issue its opinion, the Adjudicator may so notify the parties, indicating the anticipated date by which an opinion shall be issued, not to exceed 90 days after the date originally due. If no opinion has been issued within 90 days after the date originally due, either party may file a motion with the Disciplinary Board, seeking issuance of an opinion. Upon the filing of such a motion, the Adjudicator shall enter an order establishing a date by which the opinion shall be issued, not to exceed 120 days after the date it was originally due. If no opinion has been issued by 120 days after the date originally due, either party may petition the court to enter an order compelling the Disciplinary Board to issue an opinion by a date certain.(3) Record. The trial panel shall keep a record of all proceedings before it, including a transcript of the proceedings and exhibits offered and received, and shall promptly file the record with the Disciplinary Board Clerk, after the hearing concludes.(4) Notice. The Disciplinary Board Clerk shall promptly notify the parties of receipt of the trial panel opinion.(j) Publications.(1) Disciplinary Counsel shall cause to be prepared, on a periodic basis, a reporter service containing the full text of all Disciplinary Board decisions not reviewed by the court.(2) Disciplinary Counsel shall have printed in the Bar Bulletin, on a periodic basis, summaries of the court's disciplinary proceeding, contested admission, and contested reinstatement decisions, and summaries of all Disciplinary Board decisions not reviewed by the court.Rule 2.4a amended by Order dated 1/2/1986, further amended by Order dated January 24, 1986 effective 1/2/1986, nun pro tunc. Rule 2.4d2 amended by Order dated 9/10/1986, effective 9/10/1986. Rules 2.1, 2.6, 2.7 and 2.8 amended by Order dated June 30, 1987. Rule 2.4j amended by Order dated 10/1/1987, effective 10/1/1987. Rule 2.4f1 amended by Order dated February 22, 1988. Rule 2.4d, h and i amended by Order dated February 23, 1988. Rule 2.4e amended by Order dated March 13, 1989, effective 4/1/1989, corrected6/1/1989. Rule 2.4i3 amended by Order dated March 20, 1990, effective 4/2/1990. Rule 2.4a amended by Order dated January 10, 1991. Rule 2.4d, e and i amended by Order dated July 22, 1991. Rule 2.4b amended by Order dated December 22, 1992. Rule 2.4a, e and f amended by Order dated December 13, 1993. Rule 2.4i3 amended by Order dated June 5, 1997, effective 7/1/1997. Rule 2.4 a amended by Order dated July 10, 1998. Rule 2.4e, f, g, h, i and j amended by Order dated February 5, 2001. Rule 2.4b2 and i2a and b amended by Order dated June 28, 2001. Rule 2.4b1 and 2;e4; f1; g; h; and i2a and b, 3 and 4 amended by Order dated June 17, 2003, effective 7/1/2003. Rule 2.4d3 added by Order dated1/21/2005. Rule 2.4b2 amended by Order dated April 26, 2007. Rule 2.4g and 2.4h amended by Order dated October 19, 2009. Rule 2.4a amended by Order dated August 23, 2010, effective 1/1/2011. Rule 2.4e8 added by Order dated8/12/2013, effective 11/1/2013. Former Rule 2.4f3, 2.4f5, and 2.4h deleted; former Rule 2.4e3, 2.4e4, 2.4e5, 2.4e6, 2.4e7, 2.4e8, 2.4f4, 2.4i, and 2.4j redesignated as Rule 2.4e4, 2.4e5, 2.4e6, 2.4e7, 2.4e11, 2.4e12, 2.4f3, 2.4h, and 2.4i; Rule 2.4a, 2.4b1, 2.4b2, 2.4c, 2.4d1, 2.4d2A. 2.4d2B, 2.4d3, 2.4e, 2.4e1, 2.4e2, 2.4e4, 2.4e5, 2.4e6, 2.4e7, 2.4e11, 2.4e12, 2.4f1, 2.4f2, 2.4h1, 2.4h2A, 2.4h2B, 2.4h3, 2.4h4, 2.4i1, and 2.4i2 amended; Rule 2.4e3, 2.4e8, 2.4e9, and 2.4e10 added by Order dated May 3, 2017, effective 1/1/2018. Rule 2.4e8 and 2.4e9 amended; Rule 2.4e13, 2.4e14, and 2.4f4 added by Order dated May 22, 2019, effective 9/1/2019. Rule 2.4a amended by Order dated October 27, 2019, effective 12/1/2019. Rule 2.4a amended by Order dated January 9, 2020, effective 1/15/2020. Rule 2.4e15 added by Order dated11/22/2021. Rule 2.4(a), (b), (d), (e), (f)(4), (f)(10), (g)(2), (h), (i)(2)(A), amended by Order dated December 26, 2023, effective 1/1/2024.