Oregon Statutes 9.534 – Disciplinary board; procedure before board; oaths; subpoenas; hearing; record
(1) The Supreme Court shall appoint a disciplinary board, which may include one or more professional adjudicators as set forth in the rules of the Supreme Court and the Oregon State Bar bylaws, to adjudicate disciplinary proceedings of the bar.
Terms Used In Oregon Statutes 9.534
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Subpoena: A command to a witness to appear and give testimony.
- Testify: Answer questions in court.
(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]
[1975 c.641 § 9; 1979 c.450 § 1; repealed by 1983 c.618 § 1]