Special Section Projects Frivolous Complaints Initiative For the last few years the Criminal Law Section has been working on finding some means of removing frivolous bar complaints from attorney files. From consultations with bar staff, the Section's executive committee has determined that any such effort would require legislation, rather than mere bar rule amendments. In 1998 the executive committee took steps to ask the Board of Governors to consider offering appropriate legislation to the 1999 Legislature. After the Board declined, the committee offered a resolution to the House of Delegates. The resolution would have required the bar to offer and actively work toward passage of appropriate legislation. The House rejected the resolution at its September 1998 meeting. Since then the committee has determined that the only viable means of requiring the bar to work on such legislation is through a bar initiative. At its March 10, 2001 meeting, the committee approved draft language for an initiative. It is set out below. The committee would greatly appreciate your comments on the draft (including whether you support or oppose continued efforts on the initiative). You can submit your comments to Section chair Tim Sylwester at: timothy.sylwester@doj.state.or.us |
Criminal Law Section |
Special Section Projects Frivolous Complaints Initiative For the last few years the Criminal Law Section has been working on finding some means of removing frivolous bar complaints from attorney files. From consultations with bar staff, the Section's executive committee has determined that any such effort would require legislation, rather than mere bar rule amendments. In 1998 the executive committee took steps to ask the Board of Governors to consider offering appropriate legislation to the 1999 Legislature. After the Board declined, the committee offered a resolution to the House of Delegates. The resolution would have required the bar to offer and actively work toward passage of appropriate legislation. The House rejected the resolution at its September 1998 meeting. Since then the committee has determined that the only viable means of requiring the bar to work on such legislation is through a bar initiative. At its March 10, 2001 meeting, the committee approved draft language for an initiative. It is set out below. The committee would greatly appreciate your comments on the draft (including whether you support or oppose continued efforts on the initiative). You can submit your comments to Section chair Tim Sylwester at: timothy.sylwester@doj.state.or.us |
Member Initiative Petition REQUIRES THE OREGON STATE BAR ASSOCIATION TO EXPUNGE FRIVOLOUS COMPLAINTS FROM THE ATTORNEY'S DISCIPLINARY RECORD; PRECLUDES PUBLIC DISCLOSURE OF FRIVOLOUS COMPLAINTS; DEFINES "FRIVOLOUS COMPLAINTS" _________ It is the goal of the Criminal Law Section, through its executive committee, to require the Oregon State Bar to expunge frivolous complaints from the disciplinary records of its members. We also would require the Bar to seek legislation that would exempt frivolous complaints from public disclosure. A "frivolous complaint" is defined as "a complaint made to the Oregon State Bar that the disciplinary counsel determines is without merit and, therefore, does not pass on to the Local Professional Responsibility Committee or the State Professional Responsibility Board for further consideration." SUMMARY: Current rules and policies of the Oregon State Bar Association require that any complaint registered against a member shall be made part of the member's permanent record. There are no exceptions to this rule, even for complaints that are frivolous. A "frivolous complaint" is defined as "a complaint made to the Oregon State Bar that the disciplinary counsel determines is without merit and, therefore, does not pass on to the Local Professional Responsibility Committee or the State Professional Responsibility Board for further consideration." Although the complaint is frivolous and no action is taken, it remains indefinitely in the lawyer's disciplinary record. If an inquiry is made regarding how many complaints have been registered against a lawyer, the number of complaints provided includes frivolous complaints, and no distinction is made between frivolous and non-frivolous complaints. This initiative petition would require the Bar to expunge all frivolous complaints from the records of all members and would preclude public disclosure of complaints that have been determined to be frivolous. |
