(2) A member, formally accused of misconduct by the bar, shall be given reasonable written notice of the charges against the member, a reasonable opportunity to defend against the charges, the right to be represented by counsel, and the right to examine and cross-examine witnesses. The member has the right to appear and testify, and the right to the issuance of subpoenas for attendance of witnesses and the production of books, papers or documents in the defense of the member.
(3) Rules of evidence and discovery in disciplinary proceedings shall be as provided in the rules of procedure.
(4)(a) The disciplinary board has the authority to take evidence, administer oaths or affirmations, and issue subpoenas to compel the attendance of witnesses, including the accused member, and the production of books, papers and documents pertaining to the matter before the disciplinary board.
(b) A witness in a disciplinary proceeding who testifies falsely, fails to appear when subpoenaed, or fails to produce any books, papers or documents pursuant to subpoena, is subject to the same orders and penalties to which a witness before a circuit court is subject. Subpoenas issued pursuant to paragraph (a) of this subsection may be enforced by application to any circuit court.
(c) Any member of the disciplinary board may administer oaths or affirmations and issue any subpoena provided for in paragraph (a) of this subsection.
(5) The hearing before the disciplinary board shall be held in the county in which the member charged maintains an office for the practice of law, the county in which the member resides, or the county in which the offense is alleged to have been committed. With the consent of the member, the hearing may be held elsewhere in the state.
(6) A record of all hearings shall be made and preserved by the disciplinary board. [1983 c.618 §5; 2017 c.524 §2]
Structure 2021 Oregon Revised Statutes
Volume : 01 - Courts, Oregon Rules of Civil Procedure
Chapter 009 - Attorneys; Law Libraries
Section 9.005 - Definitions for ORS 9.005 to 9.757.
Section 9.010 - Status of attorney and Oregon State Bar; applicability of statutes.
Section 9.025 - Board of governors; number; eligibility; term.
Section 9.030 - Voting rights; eligibility of members for board of governors and house of delegates.
Section 9.040 - Election of governors; rules; vacancies.
Section 9.050 - Recall or removal of governors.
Section 9.070 - Duties of president and president-elect; deposit and disbursement of fees.
Section 9.136 - House of delegates created; membership; terms.
Section 9.139 - Powers of house of delegates.
Section 9.142 - Rules for conduct of business; meetings.
Section 9.150 - Termination of delegate’s term.
Section 9.152 - Election of delegates; rules.
Section 9.160 - Bar membership required to practice law; exceptions.
Section 9.162 - Definitions for ORS 9.160 to 9.166.
Section 9.191 - Annual membership fees; professional liability assessments.
Section 9.200 - Effect of failure to pay membership fees; reinstatement.
Section 9.210 - Board of bar examiners; fees of applicants for admission to bar.
Section 9.220 - General requirements for admission.
Section 9.242 - Advice on law of foreign jurisdiction; rules.
Section 9.250 - Order for admission; oath of qualified applicant.
Section 9.261 - Resignation of attorney.
Section 9.280 - Prohibition on acting as immigration consultant; definitions; exception.
Section 9.370 - Compelling delivery when attorney claims lien.
Section 9.380 - Changing attorneys and terminating attorney-client relationship.
Section 9.460 - Duties of attorneys.
Section 9.515 - Referral of claims, suits or actions between attorneys; division of fees.
Section 9.527 - Grounds for disbarment, suspension or reprimand.
Section 9.528 - Advice on conducting covert operations; participation in covert operations.
Section 9.534 - Disciplinary board; procedure before board; oaths; subpoenas; hearing; record.
Section 9.536 - Disciplinary board decision; appeal to Supreme Court; review; costs.
Section 9.537 - Civil immunity of witnesses, bar officials and employees.
Section 9.565 - Tax return information from Department of Revenue; use.
Section 9.576 - Review of providers; mediation; hearing; suspension of funding.
Section 9.582 - Use of amounts not paid to class members in class action lawsuits.
Section 9.635 - Sources of client security fund.
Section 9.655 - Investigation of claim of loss; subpoena.
Section 9.657 - Immunity from civil liability.
Section 9.675 - Mandatory certification and disclosures for lawyer trust accounts.
Section 9.685 - Trust account overdraft notification program.
Section 9.705 - Definitions for ORS 9.705 to 9.757.
Section 9.710 - Jurisdiction of circuit court over law practice of nonperforming attorney.
Section 9.715 - Petition to take jurisdiction over law practice.
Section 9.757 - Retention of client materials.
Section 9.815 - County law libraries and law library services.
Section 9.820 - Law libraries in Multnomah County.