IN THE SUPREME COURT OF THE STATE OF OREGON

The Oregon State Bar Board of Governors has proposed adopting a rule regarding the reciprocal admission of persons admitted to the practice of law in the states of Oregon, Idaho, and Washington. The Oregon Board of Bar Examiners supports the proposal and recommends amendments to other Rules for Admission of Attorneys consistent with the proposed reciprocity rule.

The matter of the proposed tri-state reciprocity admission rule came before the court at its public meeting of July 10, 2001. Subject to certain amendments that the court approved at the public meeting, the court approved proposed new Rule 15.05 and proposed amendments to Rules of Admission 4.05, 4.10, 4.15, 7.05, and 8.10.

New Rule 15.05 as adopted by the court is set out on the attached pages in bold print. The existing rules with the amendments adopted by the court are set out on the attached pages with new text shown in bold print and deleted text shown in italic print and bracketed.

New Rule of Admission 15.05 and the amendments to Rules of Admission 4.05, 4.10, 4.15, 7.05, and 8.10 shall become effective on January 1, 2002.

DATED this ___ day of August, 2001.

Wallace P. Carson, Jr.
Chief Justice

15.05 Admission of Lawyers Licensed to Practice Law in Idaho and Washington

(1) Lawyers who have taken and passed the Idaho and/or Washington bar examinations, who are active members of either or both of those state bars as a result of the passage of those examinations, and who have actively, substantially and continuously practiced law in one or both of these states for no less than three years immediately preceding their application for admission under this rule may be admitted to the practice of law in Oregon without having to take and pass the Oregon bar examination, subject to the requirements of this rule.

(2) All Idaho and Washington lawyers seeking admission to practice law in Oregon under this rule must:

(a) present satisfactory proof of their:

(i) graduation from an ABA approved law school with a Juris Doctor degree or its equivalent;

(ii) passage of the Idaho and/or Washington bar examinations;

(iii) admission to the practice of law in Idaho and/or Washington;

(iv) active membership in the Idaho State Bar and/or Washington State Bar Association; and

(v) active, substantial and continuous practice of law in one or both of these states for no less than three years immediately preceding their application for admission under this rule;

(b) possess the good moral character and fitness required of all other applicants for admission to practice law in Oregon;

(c) complete such applications and submit such other information as may be required by the Oregon Board of Bar Examiners and Oregon Supreme Court; and

(d) pay such application fees and costs as may be established by the Oregon Board of Bar Examiners and the Oregon Supreme Court for applicants under this rule.

(3) The character and fitness of applicants under this rule shall be reviewed under the procedures set forth in Admission Rule 6.05, 615, and 9.05 to 9.60.

(4) All applicants admitted to practice law pursuant to this rule shall complete and certify prior to admission under this rule that he or she has attended at least fifteen hours of continuing legal education on Oregon practice and procedure and ethics requirements as regulated and approved by the Board of Bar Examiners.

(5) All applicants admitted to practice law pursuant to this rule shall obtain and maintain malpractice coverage from the Oregon State Bar Professional Liability Fund as required by the rules and regulations of the fund. If an applicant is not required to maintain malpractice coverage through the Oregon State Bar Professional Liability Fund, the applicant shall obtain and maintain other malpractice coverage covering the applicant's law practice in Oregon which coverage shall be substantially equivalent to the Oregon State Bar Professional Liability Fund coverage plan.

(6) All applicants admitted to practice law pursuant to this rule shall be subject to and shall comply with the Oregon Code of Professional Responsibility, the Oregon State Bar Rules of Procedures, and all other rules and regulations applicable to members of the Oregon State Bar.

(7) If, in the judgment of the Oregon Supreme Court, it is in the best interest of the State of Oregon to discontinue reciprocity with other states, such decision may be implemented immediately by order of the Court. Additional states may be added to this rule by order of the Court upon petition of the Board of Governors of the Oregon State Bar and the Board of Bar Examiners without the necessity of amendment of this rule.

4.05 Filing of Application

(1) Applications for admission by examination shall be in the form prescribed by the Board of Bar Examiners and shall be filed [in duplicate original] with the Board of Bar Examiners not later than March 31 preceding the date of the July examination and by October 31 preceding the date of the February examination.

(2) Applicants who took but did not pass the Oregon February examination and desire to take the following July examination shall file an application [in duplicate original] not later than April 30 preceding the date of the July examination.

(3) Applications for admission by examination may be filed late, subject to the fee prescribed by Rule 4.10(3), but such late applications, with all appropriate fees, must be received by the Board of Bar Examiners by December 31, prior to the February examination, or by May 31, prior to the July examination. No late applications will be accepted after the dates specified, regardless of cause.

(4) Other applications for admission shall be in the form prescribed by the Board of Bar Examiners. They may be filed at any time.

4.10 Application and Investigation Fees

(1) Each applicant shall pay to the Board of Bar Examiners, at the time of filing application, an application fee of $525. Of this amount, $25 shall be due at the time the applicant requests an application kit.

(2) In addition to the fee prescribed by paragraph (1) of this rule, there shall be paid to the Board of Bar Examiners, at the time of filing such application, an investigation fee of $[150] 375 by each applicant who on the date of any application in Oregon, has previously been admitted to the practice of law in any other jurisdiction. However, an applicant who reapplies for admission to the practice of law in this state within 12 months of a prior application for admission to the practice of law in this state, and who has previously paid an investigation fee of $[150] 375, shall pay to the Board of Bar Examiners, at the time of filing the reapplication, an investigation fee of $[100] 175, in addition to the fee prescribed in paragraph (1) of this rule.

(3) In addition to the fees prescribed by paragraphs (1) and (2) of this rule, any applicant who files a late application pursuant to Rule 4.05(3) shall pay to the Board of Bar Examiners, at the time of filing such application, a late filing fee of $200.

(4) An applicant who, in conformance with Rule 8.10(4), seeks to take the oath and be admitted more than thirteen months after notice was mailed by the State Court Administrator as provided by Rule 8.05(2) shall pay to the Board of Bar Examiners a fee of $250, if not required to retake the examination, and pay the full application fee and the investigation fee (if applicable under paragraph (2) of this rule) if reexamination is required.

(5) If the applicant was previously denied admission by the Supreme Court in a contested admission case, such applicant shall pay to the Oregon State Bar, at the time of application, any unpaid judgment for costs and disbursements assessed by the court therein.

(6) If an applicant is found to be unqualified to take the examination for any reason under these rules, the applicant shall be entitled to a refund of one-half of the application fee specified in subsection (1) of this rule, less the non-refundable application kit fee.

(7) If an applicant withdraws his or her application, the applicant shall be entitled to a partial refund of the application fees only as follows:

(a) The applicant must request in writing that the application be withdrawn.

(b) If the application withdrawal is received on or before the Thursday before the first day of the examination, one-half of the application fee specified in subsection (1) of this rule will be refunded.

(c) If the application withdrawal is received after the Thursday before the first day of the examination, no refund will be made.

(d) An applicant other than an examination applicant shall be entitled to a refund of one-half of the application fee set forth in Rule 4.10 (1) if a written request for withdrawal of his or her application is received by the Board of Bar Examiners within sixty (60) days of the Board of Bar Examiners' receipt of the application.

(8) In no event shall any portion of the fees specified in subsections (2), (3) and (4) of this rule or the application kit fee be refunded.

(9) An applicant shall be entitled to a full refund of all application fees paid under subsections (1) and (2) of this rule to retake the examination if:

(a) The applicant paid the application fees to retake the examination while the applicant's previous examination was being reviewed under Rule 5.20;

(b) The Supreme Court accepts the Review Board's recommendation that the applicant be determined to have achieved a passing score; and

(c) The Supreme Court accepts the Board of Bar Examiners' recommendation that the applicant be admitted to the practice of law.

4.15 Contents of Application

(1) Each application shall be on a form prescribed by the Board of Bar Examiners and must contain or be accompanied by:

(a) a card upon which the applicant's fingerprints have been placed in accordance with instructions accompanying the application;

(b) an executed release and authorization to obtain:

(i) the applicant's motor vehicle driving record;

(ii) the applicant's college and law school files and records; [and]

(iii) credit information concerning the applicant; and

(iv) the applicant's disciplinary history and status in any other jurisdiction.

(c) the Law School Dean Certification permitting the applicant to appear in court under any student appearance rule (where applicable).

(2) No later than the 15th day before the first day of the examination, each applicant must file one copy of a certificate of graduation, on a form prescribed by the Board of Bar Examiners, or other evidence satisfactory to the Board of Bar Examiners that the applicant is a graduate of a law school prescribed by Rule 3.05 (1), (2) or (3).

(3) (a) Prior to admission, each applicant who has been admitted to practice before the highest tribunal of another state, the District of Columbia, a federal territory, or a foreign country must file one copy of a certificate of good standing.

(b) The certificate of good standing shall state:

(i) The date of the applicant's admission to the practice of law;

(ii) whether the applicant is entitled to engage in the practice of law;

(iii) whether the applicant is a member of the bar in good standing; and

(iv) whether there is now pending, or ever has been, any complaint, grievance, disciplinary proceeding or disciplinary action against the applicant, and, if any appear, the status thereof, the nature of the charge or charges, the full facts including the disposition thereof, the nature of the final judgment, order or decree, if any, rendered therein and the name and address of the person or body in possession of the record thereof.

(c) The certificate of good standing shall be submitted by either:

(i) the secretary or president of the bar of each state having an integrated bar in which the applicant has been admitted and licensed to practice law, or

(ii) the clerk of the Supreme Court (or admitting court) of each other state or jurisdiction in which the applicant has been admitted and licensed to practice law.

7.05 Time and Place

(1) Every applicant for admission by examination is required to pass a Professional Responsibility Examination as a requirement for admission. The passing grade for each examination shall be determined by the Supreme Court upon the recommendation of the Board of Bar Examiners.

(2) The examination will be the Multistate Professional Responsibility Examination as given under the auspices of the National Conference of Bar Examiners. The examination will be conducted at the times, places and in the manner prescribed by the National Conference of Bar Examiners or its duly authorized representatives.

(3) The applicant may take the examination at any location where it is given, and may take the examination before graduation from law school. However, the examination must be taken and passed within 24 months of passing the Oregon Bar Examination. For the purpose of this rule, the date that an examination is given shall be the date on which it is "taken and passed" if the applicant is successful.

(4) The applicant may take the examination as many times as is necessary to pass.

8.10 Qualifications for Admission; Oath of Office

(A) Examination Applicants

(1) In order to be qualified to be admitted to the practice of law in Oregon, an applicant must have passed the Oregon Bar Examination and the Multistate Professional Responsibility Examination, be at least 18 years of age at the time of admission, and be approved for admission by the Supreme Court on moral character and fitness grounds.

(2) Each qualified applicant must execute a prescribed oath of office to be filed with the State Court Administrator at the admission ceremonies, or as provided in subsections (3), (4) or (5) of this rule. Each applicant's date of admission shall be the date the oath of office is received by the State Court Administrator.

(3) A qualified applicant who does not take the oath of office at the time of the admission ceremonies may take such oath before any person authorized by law to administer oaths in the jurisdiction within which the applicant may be. The date of admission cannot be prior to the admission ceremonies next following the date that notice is mailed advising that the applicant passed the bar examination.

(4) An applicant who does not take the oath of office within thirteen months after the mailing of the notice advising that the applicant passed the bar examination shall, prior to admission, file an application for admission as prescribed by the Board of Bar Examiners and pay the fees prescribed by Rule 4.10(4). Such applicant shall be permitted to take the oath of office when found by the Supreme Court to have the requisite moral character and fitness to practice law, learning and ability. Such oath of office must be filed within one year of being advised that applicant is eligible for admission pursuant to this subsection.

(5) An applicant who does not take the oath of office within three years after the mailing of the notice advising that the applicant passed the bar examination shall, prior to admission, file an application for admission as prescribed by the Board of Bar Examiners and pay the fees prescribed by Rule 4.10(4), and shall be required to either (a) demonstrate that the applicant has been actively, substantially and continuously engaged in the practice of law for at least three of the five years immediately preceding the application or (b) take and pass the bar examination and the Multistate Professional Responsibility Examination within the provisions of Rule 7.05. Such applicant shall be permitted to take the oath of office when found by the Supreme Court to have the requisite moral character and fitness to practice law, learning and ability. Such oath of office must be filed within one year of being advised that applicant is eligible for admission pursuant to this subsection.

(6) An applicant who does not take the oath of office within five years after the mailing of the notice advising that the applicant passed the bar examination shall, prior to admission, file an application for admission as prescribed by the Board of Bar Examiners and pay the fees prescribed by Rule 4.10 and take and pass the bar examination and the Multistate Professional Responsibility Examination within the provisions of Rule 7.05. Such applicant shall be permitted to take the oath of office when found by the Supreme Court to have the requisite moral character and fitness to practice law, learning and ability.

(B) Other Applicants

(1) In order to be qualified to be admitted to the practice of law in Oregon, an applicant must meet the requirements of the rules under which he or she seeks admission and be approved for admission by the Supreme Court on moral character and fitness grounds.

(2) Each qualified applicant must execute an oath of office prescribed by the Supreme Court. The applicant shall file the executed oath of office with the State Court Administrator. Each applicant's date of admission shall be the date the oath is received by the State Court Administrator. Applicants must comply with the requirements of Admission Rule 8.15 (Resident Agent for Service of Process) and 8.20 (Address and Telephone Designation).

(3) An applicant who does not take the oath of office and file it with the State Court Administrator within ninety (90) days after the mailing of the notice advising that the applicant has been approved for admission shall be required to fully reapply for admission.