Section 2.8 - Defense of Disciplinary Complaints and Proceedings(a) The bar will defend any of its current and former officers, employees and agents (hereafter "Respondent"), whether elected or appointed, against any complaint of professional misconduct arising out of an act or omission occurring in the performance of his or her official duties on behalf of the bar as provided in this bylaw.(b) The duty to defend does not apply in the case of malfeasance, gross negligence or willful or wanton neglect of duty.(c) If any complaint is made to the Oregon State Bar or other agency or court with disciplinary jurisdiction over the Respondent or a disciplinary proceeding is brought by the Oregon State Bar or such agency or court against an Respondent which on its face falls within the provisions of subsection (a) of this bylaw, or which the Respondent asserts to be based in fact on an act or omission in the performance of his or her official duties on behalf of the bar and not within the scope of subsection (b) of this bylaw, the Respondent may file a written request for a defense with the General Counsel, or if the request is by the General Counsel, the President of the bar. The General Counsel or President, as the case may be, will thereupon present his or her recommendations to the Board of Governors regarding the approval of an agreement to pay for the defense of the Respondent, including attorney fees and costs during the investigation, prosecution, and appeal of a complaint of professional misconduct. The Board of Governors will approve such terms and conditions of payment for the defense as it deems appropriate under the circumstances, including the Board's right to select counsel to defend the Respondent, unless the Board determines that the complaint does not arise out of an act or omission occurring in the performance of official duties on behalf of the bar, or that the act or omission amounted to malfeasance, gross negligence or willful or wanton neglect of duty, in which case the Board will reject the request.(d) If the Board agrees to pay for the defense of a complaint or disciplinary proceeding, the Respondent shall cooperate fully with the lawyer(s) hired by the bar to defend the Respondent. If the Board determines that the Respondent has not cooperated with defense counsel or has otherwise acted to prejudice defense counsel's good faith decisions regarding the proper defense of the matter for which a defense is provided, the Board may at any time terminate the continued defense of the matter and require the Respondent to reimburse the bar for all funds it has paid on account of the defense of the Respondent. The Board may condition the provision of a defense under this bylaw on the Respondent's agreement to make such reimbursement upon the Board's good faith determination that the Respondent has failed to cooperate with defense counsel or otherwise acted to prejudice defense counsel's good faith decisions regarding the proper defense of the matter.(e) If the Board concludes, after undertaking to pay for the Respondent's defense, that the conduct was malfeasance, grossly negligent, or the willful or wanton neglect of duty, the Board will terminate the continued defense of the matter and require the Respondent to reimburse the bar for all funds it has paid on account of the defense. The Board may condition the provision of a defense under this bylaw on the Respondent's agreement to make such reimbursement upon the Board's good faith determination that the Respondent has engaged in such conduct.(f) If the Respondent in a disciplinary proceeding is found to have violated the rules of professional conduct, a disciplinary statute or disciplinary regulation, the Respondent must reimburse the bar for all funds it has paid on account of the defense of the Respondent. The Board may condition the provision of a defense under this bylaw on the Respondent's agreement to make such reimbursement upon the entry of a final judgment imposing discipline on the Respondent. Discipline for purposes of this bylaw should be a reprimand or greater sanction imposed by the Disciplinary Board or the Oregon Supreme Court or other court or agency having disciplinary jurisdiction over the Respondent. If the discipline is a reprimand, the board may waive the reimbursement requirement.(g) If the Board denies an Respondent a defense under this bylaw or terminates the provision of such a defense under the terms of this bylaw and the Respondent is found in any disciplinary proceeding for which a defense was denied or terminated not to have violated any rule of professional conduct or disciplinary statute or regulation, the bar will reimburse the Respondent for his or her reasonable attorney fees and costs in defense of such matter so long as the Respondent's conduct occurred in the performance of official duties on behalf of the bar and did not separately constitute malfeasance, gross negligence or willful or wanton neglect of duty, as, in good faith, is determined by the Board. Pro se representation does not qualify for the reimbursement of reasonable attorney fees and costs under this subsection.As amended by 11/19/2022.