2004 Committee and Section Annual Reports

Committeeand SectionAnnualReports

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Affirmative Action..........................................1Bar Press Broadcasters Council ......................3Certified Public Accountants-Joint ................3Client Security Fund ......................................4Continuing Legal Education ..........................5Federal Practice & Procedure..........................5Judicial Administration ..................................6Legal Ethics......................................................6Legal Heritage Interest Group ........................6Legal Services ..................................................7

Medical Profession-Joint ................................8Minimum Continuing Legal Education..........8Pro Bono ..........................................................9Procedure & Practice ....................................10Public Service Advisory ................................11Quality of Life................................................12State Lawyers Assistance ..............................13Uniform Civil Jury Instructions ....................13Uniform Criminal Jury Instructions..............14Unlawful Practice of Law ..............................14

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2004 Committee and Section Annual Reports

Table of Contents

Administrative Law ......................................17Admiralty ......................................................18Agricultural Law............................................18Alternative Dispute Resolution ....................19Antitrust, Trade Regulation ..........................20Appellate Practice ........................................21Aviation Law ................................................22Business Law ..................................................23Business Litigation ........................................23Civil Rights....................................................24Computer & Internet Law ............................25Constitutional Law........................................26Construction Law ..........................................27Consumer Law ..............................................27Corporate Counsel ........................................28Criminal Law ................................................29Debtor-Creditor ............................................30Disability Law ................................................30Diversity Law ................................................31Elder Law ......................................................32

Energy, Telecommunications & Utility Law ................................................33Environmental & Natural Resources ............33Estate Planning and Administration ............35Family Law ....................................................36Government Law ..........................................36Health Law ....................................................37Indian Law ....................................................38Intellectual Property ......................................39International Law ..........................................40Juvenile Law ..................................................40Labor & Employment ....................................41Law Practice Management ............................42Litigation ......................................................43Products Liability ..........................................44Real Estate & Land Use ................................44Securities Regulation ....................................45Sole and Small Firm Practitioners ................46Taxation ........................................................47Workers' Compensation ................................47

Committees

Sections

Affirmative Action Committee

This report regards the OSB Affirmative ActionProgram (AAP) allocative programs, OLIO pro-grams, and 2006 Sunset efforts. The AAP pro-grams are designed to advance the following mis-sion statement:

The mission of the Affirmative Action Program ofthe Oregon State Bar is to support the mission ofthe Oregon State Bar: by promoting respect for therule of law, by improving the quality of legal servic-es, and by increasing access to justice. The Programserves this mission by striving to increase the diver-sity of the Oregon bench and bar to reflect thediversity of the people of Oregon, by educatingattorneys about the cultural richness and diversity of the clients they serve, and by removing barriers to justice.

ALLOCATIVE PROGRAMS

The bar's Affirmative Action Program includesallocative programs (scholarships, stipends, fellow-ships, and grants) funded by the bar's AAP assess-ment. Law students who can help to advance theprogram's mission are eligible to apply. Eligibility isnot limited to ethnic minorities.

SCHOLARSHIP PROGRAM: The ScholarshipSubcommittee scored 63 applications, and awarded8 scholarships in the amount of $2000 each, paidin two installments directly to each law school.

CLERKSHIP STIPEND PROGRAM: Thirty-three students applied for 20 stipends designated tosecure clerkships with employers who could matchat least the $5.00/hour stipend. One stipend recipi-ent asked the Stipend Subcommittee's permissionto use her stipend with an employer who could notmatch the $5.00. Ultimately, the AffirmativeAction Committee decided to grant up to threeexceptions per year to raise the stipend to Oregon'sminimum wage (budget permitting) when anemployer could not provide the match.

PUBLIC HONORS FELLOWSHIP PRO-GRAM: The Public Honors Subcommitteereviewed 9 applications for six fellowships and oneEnvironmental Law grant. The AAP received theEnvironmental Law Grant for the fourth yearthrough the American Bar Association. The fel-lowship recipients clerked for the Oregon SupremeCourt, Oregon Court of Appeals, US DistrictCourt, Oregon DOJ, Oregon Law Center, andMultnomah DA. The ABA Environmental Clerkworked for the Cascade Resources AdvocacyGroup.

BAR EXAM GRANT: The Bar ExamSubcommittee reviewed a total of 14 applicationsfor both the February and July bar examinations toaward 9 grants. OMLA, through their annual auc-tion in June, raised funds to award Bar ExamPreparation Course scholarships for ethnic minori-ty graduates who did not receive awards throughthe Bar Exam Grant program.

OLIO

The bar's Affirmative Action Program includesOLIO (Opportunities for Law in Oregon) programsfunded by grants and donations. OLIO is a recruit-ment/retention strategy for Oregon's ethnic minor-ity law students. Eligibility is limited to ethnicminorities.

EMPLOYMENT RETREAT: The calendar yearbegan with the Sixth Annual Employment Retreatat Lewis & Clark Law School on the last Saturdayin January. The traditional round-robin mockinterviews were again a tremendous hit. Throughthe mock interview process and the personalinvolvement of Career Services of the three lawschools, we are finding that students are muchmore prepared for interviews, and are betterequipped to secure employment through AAP pro-grams as well as through individual efforts. TheEmployment Retreat included an Employer Forumwherein private and public sector firms of diverse

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Committees

sizes sponsored tables to meet and greet the lawstudents. The participating firms paid a $50 fee tohelp cover Retreat expenses.

SPRING SOCIAL: Schwabe Williamson WyattPC hosted the 2004 Spring Social which drew eth-nic minority law students, judges, and lawyers tothe networking event honoring the graduating stu-dents.

LEGAL WRITING AND RESEARCHWORKSHOPS: These workshops are designed totransition ethnic minority law students from class-room Legal Writing/Research to LWR in practice.David Bartz and Judge Dick Baldwin conductedthe workshop at the Schwabe Williamson firm inPortland. Judge Virginia Linder and Bob Rocklinconducted the workshop at Willamette in Salem.Joe Richards conducted the workshop at theLuvaas Cobb firm in Eugene.

FIRST YEAR INTERNSHIP PROGRAM(FYIP) implemented new Personal Statement cri-teria which the participating law firms decidedwould help to identify students who would betterfit their firms' diversity objectives. Students sub-mitted the Personal Statements along with resumesand legal writing samples.

BAR EXAM WORKSHOP: Stella Manabe andJim Bailey presented this workshop in Portlandand in Eugene for ethnic minority bar exam appli-cants. The workshop is a comprehensive approachto bar exam study with focus also on cultural issuesethnic minority applicants may experience.

OLIO ORIENTATION: The AAP held theSixth Annual OLIO Orientation in Bend, Oregon.The Retreat successfully bonded the incoming eth-nic minority law students to each other and to thebar. The 2004 Orientation included a social co-sponsored by the Oregon Minority LawyersAssociation for Central Oregon OMLA membersand bar leaders. Justice Wallace Carson was thefeatured keynote for that event. A total of 18attorneys attended the Orientation. Judges andJustices who attended: Wallace Carson, Rives

Kistler, David Schuman, Cynthia Carlson, WilliamYoung, David Gernant, Marco Hernandez.

2nd ANNUAL BOWLIO: BOWLIO is afundraiser for OLIO. The 2004 event featuredguests Governor Kulongoski and First Lady MaryOberst who bowled with each team. Over 200 lawstudents, lawyers, and judges participated.Schwabe, Bullivant, Brownstein Rask, and FarleighWada firms created their own bowling shirts forthis event. A total of 91 attorneys attended. Judgesand Justices who attended: Ancer Haggerty, DavidSchuman, Paul Kurshner, Cheryl Albrecht, RobertWollheim, Nan Waller, Henry Breithaupt, DavidGernant, Rives Kistler, Katherine Tennyson,Marilyn Litzenberger, Thomas Ryan, CliffordFreeman.

2006 SUNSET

The AAC appointed a subcommittee headed byJudge Douglas Van Dyk. Judge Van Dyk identifieda three-prong strategy to bring about an AAPextension beyond 2006 - (1) HOD education andelections; (2) membership education and publicity,(3) reunion of all AAP participants and beneficiar-ies.

The Clerkship Stipend Subcommittee, headedby Anastasia Meisner, did a great job updating andstrengthening the AAP Registration Packet. ThePacket is a complete description of the program aswell as a major component of the applicationprocess for allocative programs. Because of its highvisibility, it was important that the Packet be care-fully evaluated for the more public 2006 scrutiny.

Respectfully Submitted: Richard Brownstein(CH), Hon. Douglas Van Dyk (SEC), StephenCrew, Carl Crowell, Susan Dobrof, TimHarmon, Hong Huynh, Amanda Mayhew,Anastasia Meisner, Judith Woo Poutasse, DianeRea, Hon. David Schuman, David Simon,Monica Smith, Trung Tu, Rene Cardenas (PM),Marva Fabien (BC), Stella Manabe (BL).

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Bar Press Broadcasters Council

This council is composed of lawyers and judgesas well as editors and reporters from television,radio and print media. The group meets 4 timesper year and takes a leading role in public educa-tion. The council is the primary vehicle for main-taining communications between lawyers andreporters on crucial issues of policy and law andhas provided an invaluable forum for the exchangeof views.

They have played an active role in changingthe Uniform Trial Court Rule on cameras in court-rooms and hosted a major symposium on high-pro-file trials. The Council is reviewing the Bar PressBroadcast Council Guidelines.

Respectfully submitted: Duane Bosworth, (Ch-Elect), James Rice, Ronald Thom, KristenWinemiller, Stephen Blixseth, MichaelSchrunk, Janine Robben, Suzanne Upton,Daniel Keppler, Jim Losk, Marc Sussman, AllieO'Connor, William Carter(BC), and KateriWalsh (BL).

Certified Public Accountants—Joint Committee

1. The committee regularly held meetingsthroughout the year for approximately 1½ hoursat the Oregon State Bar offices.

2. Committee members regularly wroteProfessional Insight articles for the OSCPAmagazine; the magazine is published 11 timesduring the calendar year and ProfessionalInsight articles are in every other issue. Articlescovered items of interest to both accountantsand attorneys, and dealt with issues such as suc-cessor liability, family limited partnerships,Oregon inheritance tax planning, material mod-ifications under split dollar insurance regula-tions, and federal and state overtime laws.

3. The Committee cosponsored its annual golftournament and lunch with the Multnomah Bar

Association and the Oregon Society of CPAson August 10 at Langdon Farms Golf Course.Committee member Gregson Parker (CPA)took the lead for organizing the tournament.The annual golf tournament provides a goodopportunity for accountants, attorneys, andtheir associates to network.

4. On October 08, 2004, the Committee held itsfall retreat at the Stockpot, a restaurant inBeaverton.

5. The semi-annual, Committee-sponsored contin-uing education program (with CLE and CPEcredits) was handed off to the OSCPA since itmatured. The program addresses ethical issuescommon to lawyers and accountants such asindependence, privileges, confidentiality, andconflicts of interests includes timely updates onrelevant matters. It's presented in the monthbefore the end of each profession's reportingperiod; this year on June 24 and December 19.Two speakers, Mark Friedman of GarveySchubert Barer (a business litigator) and JimRigos of Rigos Professional Education Programsof Seattle (a regular CPA presenter) have beenwith the program since its inception in June2002; both are attorneys and CPAs.

6. The Committee is actively promoting the bar-sections to accountants to make accountantsaware of the opportunity to belong to the sec-tions as associate members and participate inlist serves.

7. The Committee examined its first specificassignment re continued promotion of theOregon Emerging Business Task Force(OEBTF). The assignment needs updating; theOEBTF evolved into the Oregon EmergingBusiness Initiative (OEBI). Further outreachtoward the OSB Business Law and Internet sec-tions to determine if the Committee can assistthe Sections and the OEBI is recommended; ifassistance is not feasible or possible then thisspecific assignment should be deleted.

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Recommendations for 2005

Continue the following goals:

1. Develop the Committee's web site into auser-friendly resource. It may serve primarilyas a source of links to the OSCPA web site,other OSB web sites, and other sites of inter-est.

2. Submit Professional Insight articles for theOSCPA magazine and OSB Bulletin (asappropriate).

3. Provide social and networking opportunitiesfor lawyers and accountants. Take a moreactive role in supporting the annual golftournament.

4. Annual co-sponsorship of the continuingeducation program with the OSCPA. Do abetter job of promoting this CLE to attor-neys.

Additional goals for 2005:

1. In light of the recent economic events andOregon's business environment, theCommittee should examine how it can pro-mote its general assignment to provide infor-mation re free or low-cost legal and account-ing services available to small start-up busi-nesses in Oregon

2. Sponsor additional opportunities foraccountants and lawyers to socialize.

3. Publicize the availability of other areas ofattorney and accountant professional cooper-ation, such as referral services.

4. Promote the peer to peer program betweenthe professions.

Respectfully submitted: Michael Wetzel (CH),Thomas Hutchinson (SEC), Jason W.Alexander, Brandon Benson, Chandra Emery,David C. Streicher, David M. Mondress, Deidre'Straley, Delos R. Clark, Ginger Patmore, JoshuaBarrett, Justin C. Jones, Robert N. Muraski,

Steven B. Resnikoff, T. Kenji Sugahara, ThomasL. Hutchinson, Milton Lankton, JamesOberholtzer, David Simon, Owen Blank, PhyllisEdmundson (BC), and Cathi Pittman (BL).

Client Security Fund Committee

The committee met five times in 2004. Fourmeetings were held at the Oregon State Bar officesin Lake Oswego, and one meeting was held inSalem at a committee member's office.Teleconferencing was available at each meeting foranyone unable to attend in person.

At the January meeting bar liaison SylviaStevens gave an orientation for new members,which included an overview of the committee pur-pose and funding, as well as claim investigation.Over the course of the year the committee investi-gated 22 claims, six of which were approved andfive of which were denied. Most of the remainingclaims are under continued investigation. Twoclaims voted on by the committee were reopenedat the request of the lawyers in question. One ofthe lawyers appeared by phone at two committeemeetings to present her case, and based on newinformation provided to the committee, the com-mittee recommended reversal of its prior approvalof the claim against her. The committee declinedto reconsider the other claim.

As of October 31, 2004 the CSF had a fund bal-ance of $884,265. The member assessment remainsat $5.00 for 2005. Next year the committee willcontinue its investigation of pending and newclaims.

Respectfully submitted: Elizabeth Knight (CH),Darrin Class (SEC), Ronald Dusek, DebraEhrman, David Roy, Mark Tipperman, SarahRinehart, Conrad Yunker, William Crow, ScottHoward, Floyd Shebley, Bonnie Merten (PM),Mark Comstock (BC), Sylvia Stevens (BL).

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Continuing Legal EducationCommittee

The CLE Committee focuses on providing, onbehalf of the OSB members, both input and feed-back to the OSB CLE department program man-agers with respect to CLE Seminars andPublications. The CLE Committee has the follow-ing active subcommittees for furthering theseobjectives:

Financial AnalysisSection and Member RelationsTechnology, Delivery of Services, Future TrendsTopic and Human Resource Development

During 2004, the main activity was reviewingOSB Staff Reports regarding Seminars andPublications while providing input and oversighton Seminars and Publications. An emphasis will bemade on collecting annual reports from sectionsregarding diversity characteristics of CLE speakers,authors, and planners.

Respectfully submitted: Sheila Dale (CH), JustusBuck Humphreys (SEC), Robert G. Burt,Roland A. Johnson, Robert LeChevallier,William A. Masters, Josh Newton, Harry M.Auerbach, Steven A. Chase, Kathleen A.Cushing, John Jacobson, Michael Opton, JennaMooney, Roger Saydack, Victor Tiscornia,Gerry Gaydos, (BC), Linda Kruschke (BL),Karen D. Lee (BL)

Federal Practice and ProcedureCommittee

The Federal Practice and Procedure Committee("Committee") regularly met at noon in the federalcourthouse on the second Wednesday of eachmonth in 2004, except for the months of January,July, and August. The Committee's major activitiesare outlined below.

The Standing Subcommittee on Proposed RuleAmendments continued to monitor and report tothe full Committee on proposed changes in federalrules. Additionally, in an effort to further its coor-dination with the Local Rules Committee,Chairperson Jim Hiller was contacted several timesduring the year to update the Committee on localrule developments and issues of concern.

The Committee also followed developmentsconcerning electronic discovery, including amend-ments to the Sedona Principles (electronic discov-ery guidelines developed through the SedonaConference) as well as recent case law. JudgeJanice Stewart was solicited to join the Committeebased upon her knowledge of these issues. TheCommittee will continue to analyze this emergingarea of the law with the possibility of proposingelectronic discovery guidelines for adoption by thedistrict court.

The Committee also spent substantial time ana-lyzing several Congressional proposals to split theNinth Circuit. Judges O'Scannlain and Reddenappeared before the Committee to speak in favorof the split. Judge Kozinski graciously appeared byvideo teleconference to express his opposition toany change in the Circuit. Numerous letters, arti-cles, and statistical materials were reviewed andanalyzed concerning the Circuit's efficiency, sizeand other characteristics. The Committee will bepolled in December regarding whether it shouldmake a recommendation to the Board ofGovernors concerning proposed changes in theNinth Circuit.

Finally, the need for greater participation byfederal practitioners in the "Saturday Session" wasdiscussed. This is an annual meeting that is wellattended by the federal judiciary and it provides avaluable opportunity for interaction between thebench and the bar. A conclusion was reached thatearlier and more frequent publicity concerning thisannual meeting was needed. OSB print publica-tions and other communications tools should beutilized to give better notice of this importantannual event.

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Respectfully submitted: Michael G. Hanlon(CH), Jeffrey Stewart Love (SEC), CarolynAlexander, Charles Gorder, John Langslet,Andrew Reilly, Christopher Carson, MichelleHolman Kerin, James Sutherland, Jeff C.Duncan Brecht, Thad Guyer, John F. McGrory,Dennis N. Balske, Hon. Trish M. Brown(ADV), Hon. Garr M. King (ADV), Hon.Janice M. Stewart (ADV), Nena Cook (BC),and George Riemer (BL).

Judicial Administration Committee

In 2004, the committee embarked on anextremely large project to better educate the courtsto help build stronger communities. The projectconsisted of months of information gathering andcreating a handbook to be distributed to judges inOregon to aide in dialogue with civic groups andother organizations.

In 2005, the committee will work with theboard on judicial evaluations and legislative pro-posals in the 2005 session that will impact thecourts and judicial system.

Respectfully submitted: Tom Kranovich (CH),Marilyn Odell (SEC), Janine Blatt, AudunSorensen, Douglas Bray, Bruce Rubin, ElmerDickens, Hon. Dale Koch, Ken Crowley, JayChock, Debra Velure, Dave Hittle, KristenDavid, Mary McCauley Burrows, Janine Blatt,Michael Bloom, Michael Washington, FrankHilton (BC) and Susan Grabe (BL).

Legal Ethics Committee

The committee met six times during the yearand focused on reviewing and updating existingethics opinions in light of the anticipated adoptionof the new Oregon Rules of Professional Conduct.The rules were adopted by the House of Delegatesin October 2004 and were approved by the OregonSupreme Court later that month. By the end of theyear, the committee had reviewed and updated 95

opinions. The committee will continue this worknext year and will submit the completed set ofupdated opinions to the Board of Bar Governorsfor their consideration and approval. The commit-tee recognizes and thanks committee member PeterJarvis for spearheading this massive undertaking.

The committee received no new requests forformal opinions in 2004. One ethics opinion sub-mitted to the Board of Bar Governors last year wasrevised and subsequently approved by the Board inApril (2004-175 Advertising and Solicitation:Lawyer Membership in Business Referral Clubs).The committee members themselves generated anddiscussed numerous proposals for ethics opinionson a variety of topics. One such proposal resultedin a draft opinion, which remained pending atyear's end.

Respectfully submitted: David Runner (CH),Janice Turner (SEC), E. Joseph Dean, RichardDiaz, Llewellyn Fischer, Christopher Hardman,Bonnie Richardson-Kott, C. Lane Borg,Christopher Cauble, Mark Holady, WilliamKirby, Mark McCulloch, Wendy Baker, PeterJarvis, Robert Simon, Frank Weiss, GerryGaydos (BC), and Sylvia Stevens (BL).

Legal Heritage Interest Group

During 2004, the Legal Heritage Interest Groupscheduled four meetings. The main emphasis of theinterest group throughout the year was the comple-tion, publication and subsequent marketing of theOregon State Bar's history, Serving Justice, AHistory of the Oregon State Bar 1890-2000. For thatreason, all of our meetings were held this year atthe offices of the Oregon State Bar. In 2005, thegroup expects to return to its pattern of meeting inhistoric locales.

Serving Justice was printed and arrived in time tobe featured at the Oregon State Bar Convention inOctober. A Marketing subcommittee had beenformed, chaired by Katherine O'Neil, a formermember and chair of our group. Katherine is a

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member of the group's Advisory Panel and waselected an "Honorary Member for Life" of thegroup.

Serving Justice's authors, the late Gordon Doddsand Cathy C. Alzner, have given the Oregon StateBar a book of which it can be most proud. Besidesbeing a visually beautiful publication, the contentscollected therein will be of interest to lawyers,their friends and families, as well as scholars. In2005 the group will continue marketing efforts andhopes to facilitate a continuing legal educationoffering based on Serving Justice, perhaps focusingon the bar's diversity history.

A second focus of the group is in the collectionof oral histories from Oregon State Bar members ator after the time of their retirement. As the U.S.District Court Historical Society has an active oralhistory program in operation, the group offered itsservices in support of those endeavourers. After theemphasis on marketing Serving Justice has waned,the group will renew its own efforts to insure oralhistories are also taken from lawyers who were notactive in federal court.

In addition, the group continued its efforts toencourage, develop and recruit authors for articlesin the OSB Bulletin's Legal Heritage column andsolicited nominations for the OSB's awards. Inresponse to the latter goal, the group joined othergroups in the successful nomination of KatherineO'Neil for the OSB Award of Merit. From ourgroup's point of view, the main factor inKatherine's nomination what her Herculean effortson behalf of the group in enabling the publicationof Serving Justice. Without Katherine's leadershipand persistive determination, the Oregon State Barwould not now be enjoying this beautiful and "firstclass" chronicle of its history.

Respectfully Submitted: David B. Avison (CH),Janet D. Kreft (SEC), Jack Gore Collins, DeanS. Kaufman, Deanna Page Laidler, Prof. Ron B.Lansing, Linda Lorney Lindholm, Hon EdwardLeavy, Johnston A. Mitchell, Jon J. Napier, HonOwen M. Panner, Jennifer R. Roumell, S. DianeRynerson, Katherine O'Neil [HON], Prof.

Cathy Croghan Alzner (ADV), Carolyn Buan(ADV), Betty I. Crofoot (ADV), Prof. TimGarrison (ADV), Fred A. Granata (ADV),Caroline Stoel (ADV), Bette L. Worcester(BC), Marlyce Gholston (BL), and Paul Nickell(BL).

Legal Services Program Committee

The Committee met five times during 2004.The Committee also received a memo updatingthe members on a number of issues.

The Committee took action on one issue overthe course of the year and it is as follows:

The issue was an ongoing concern from 2003 inwhich a peer review of Columbia County LegalAid (CCLA) found that CCLA's pro bono pro-gram did not meet the Legal Services Program(LSP) Standards and Guidelines. In 2003 theCommittee decided that CCLA must submit, tothe LSP Committee, a compliance plan that wouldoutline how CCLA would meet the program stan-dards and spend down their surplus of cash assets.This compliance plan had to be submitted byDecember 31, 2003.

CCLA submitted a compliance plan and onFebruary 24 it was approved by the LSPCommittee provided that CCLA continued towork toward program improvement and spendingdown the budgeted surplus pursuant to the time-lines set out in the plan.

In April CCLA began discussions with LegalAid Services of Oregon (LASO) to have LASOprovide services in Columbia County and CCLAwould in turn reimburse LASO with their surplusfunds. On December 22, the LSP Committeeapproved a Memorandum of Understandingbetween CCLA and LASO. Under the MOU,LASO agreed to provide the following service toCCLA and CCLA will reimburse LASO fromtheir surplus funds at the starting rate of $25,000annually:

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• Place a ½ staff attorney in the CCLA officein St. Helens to provide direct services toclients.

• LASO staff familiar with pro bono systemswill work with CCLA as needed to integrateCCLA's pro bono resources into LASO'sclient services.

• Assist CCLA with setting-up administrativesystems that will accommodate the restric-tions of LASO's funding.

Respectfully submitted: Larry Rew (CH), HowardArnett (SEC), Stephen Walters, DouglassSchmor, Kent Thurber, David Ross, WilliamVan Atta, Anne Kelly Feeney (PM), Ron Chase(PM), Lisa LeSage (BC), and Judith Baker(BL).

Medical Profession—Joint Committee

The Medical Profession (Joint) Committee iscomprised of attorneys and physicians. The com-mittee serves as a liaison between the medical andlegal professions. The Committee mediates dis-putes, on a voluntary basis, between members ofthe professions consistent with the letter and spiritof the Joint Statement of Principles adopted by theOSB and OMA. The Committee did not have tomeet during the current year.

The Committee is also charged with providingeducational opportunities for HIPAA. Members ofthe Committee met with various working groupsregarding the future implementation of HIPAAregulations.

Respectfully submitted: Douglas Schaeffer(CH),Michael Crew (SEC), Mary Pool, Keith Bauer,Robert Cowling, Margaret Maguire, Paul Frisch,(OMA)John Enbom (BC), and Scott Morrill(BL).

Minimum Continuing LegalEducation Committee

The Minimum Continuing Legal EducationCommittee is an advisory body to the MCLEAdministrator and to the Board of Governors.During 2004, the Committee has:

• Heard and made decisions on requests forreview of MCLE Administrator decisions;

• Considered and recommended changes tothe MCLE Rules and Regulations; and

• Continued to develop expertise regarding theMCLE programs in Oregon and in otherjurisdictions.

The rule revision process that we began in 2003was completed. Transcript reporting of MCLEcredits is getting closer to implementation. Thanksto creative activity by the Board of Governors,responsibilities of the Committee attracted theattention of many bar members and helped usachieve our goal of communicating with the mem-bership regarding changes. The new diversity edu-cation rule continued to present issues forCommittee consideration, but the number of ques-tions and problems presented seems to be declin-ing. Continuity remains a challenge as for consecu-tive years the outgoing chair is leaving theCommittee, but the Committee has attracted somevery able and committed new members.

The function of the MCLE requirement is tomaintain and enhance the currency and compe-tency of Oregon lawyers in the substantive areas,including the ethical rules, governing the areas inwhich they practice. In the year ahead, theCommittee will continue to assist the MCLEAdministrator in developing and carrying out awork plan to meet performance measures and toachieve goals set by the BOG. Meetings will con-tinue to be quarterly, or at the call of theAdministrator or the Chair.

We again suggest a study on the extent towhich various CLE requirements improve, or failto improve, attorney competence.

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Respectfully submitted: Keith Mobley (CH), LoisM. Cole (SEC), Stace Gordon (PM), Laura H.Kosloff, Thomas M. Ryan, Ellen M. Voss, GerryGaydos (BC), and Sylvia Stevens (BL).

Pro Bono Committee

The Pro Bono Committee met 12 times in2004. In light of our Committee's new charge for2004 (which includes a general charge and specificprogram outcomes relating to the institutionaliza-tion of a pro bono culture in the State, theexpanding of pro bono services at the local level,and the solicitation of nominations for lawyerscommitted to pro bono work), our Committeedivided up into subcommittees assigned to workon: (1) publicity; (2) promoting judicial involve-ment; (3) promoting lawyer involvement; and (4)coordinating efforts between pro bono committees.Subcommittees (1) and (3) later merged into a sin-gle subcommittee devoted to reaching out tolawyers in the State through a variety of means.

The publicity and lawyer involvement subcom-mittee was probably our most active subcommittee.Its accomplishments include:

• Having the December bar Bulletin dedicatedto pro bono.

• Developing the OSB Pro Bono web site andmaking a wealth of information available on-line, including an updated VolunteerOpportunities Handbook.

• Preparing presentations (for judges, lawyersand law students) to promote volunteeropportunities and the Pro Bono Roll Call(reporting hours).

• Working with OSB Section newsletters toadvertise the Pro Bono Roll Call and the probono web site.

• Coordinating with sections and OSB func-tions to schedule public speaking opportuni-ties using the pro bono presentations.

• Developing a brochure to market the ProBono Roll Call and the pro bono web site.

• Coordinating with the OSB New LawyersDivision's Pro Bono Challenge to get lawyersto report pro bono hours.

The publicity and lawyer involvement subcom-mittee also spent a considerable amount of timecontinuing last year's efforts to develop and pro-mote a model pro bono policy for law firms. Theseefforts include drafting a model policy and coordi-nating efforts with the Multnomah BarAssociation's Young Lawyers' Section.

The judicial involvement subcommittee wasalso active. Its accomplishments include:

• Meeting with judges from MultnomahCounty and NE Oregon to gather inputregarding how judges can promote pro bono.

• Submitting a list of judicial activities toethics committee of the judicial conferencefor opinion.

• Working to get a presentation made at theannual, state-wide judicial conference.

Finally, the coordination subcommittee was verysuccessful in working with local committees andorganizations including our Committee, Legal AidServices of Oregon, the OSB New Lawyers'Division Pro Bono Committee, the MBA's YoungLawyers' Section Pro Bono Committee, and probono coordinators from each of Oregon's lawschools. A joint committee was created with repre-sentatives from each of these groups. This jointcommittee has met and will continue to meet on aregular basis to coordinate the various groups'efforts.

The Committee notes that the lack of fundingfor the Committee places constraints on theCommittee's ability to conduct activities support-ing pro bono programming.

The Committee notes that one problem for newpro bono volunteers is the lack of mentors in thearea of law in which the OSB member is volun-

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teering. The Committee discussed development ofa resource manual listing not only the pro bonoprograms and opportunities available, but also OSBmembers willing to assist volunteers in the substan-tive area of law of the pro bono service. Mentoringcould include "field trips" with volunteers to courtproceedings in order to reduce volunteer trepida-tion for court proceedings.

The Committee has the following recommenda-tions:

• The Committee should continue to monitorthe pro bono volunteer opportunities andneeds, possibly developing a resource booklisting pro bono opportunities as well asmentors in the substantive areas of law of probono service. The Committee should reviewother means of encouraging pro bono partici-pation, including CLE credit for some probono activities, conducting a study to deter-mine how to increase pro bono service, probono mentor assignments and activities,BOG adoption of a model law firm pro bonopolicy, presentation at the Learning theRopes CLE, and other possible programs andforms.

• The Committee should continue to assist theCampaign for Equal Justice with legal servic-es fund-raising efforts, especially targetingOSB leaders to contribute to CEJ.

• The Committee should continue to monitorlegislative and legal developments regardinglegal services funding.

• The Committee should continue its workwith Oregon law schools to develop coopera-tive programs to recognize Oregon law stu-dents that provide pro bono services andencourage increased law student pro bonoparticipation.

• The Oregon State Bar should hire a full timepro bono coordinator to spearhead OSBactivities to promote increased pro bono par-ticipation, and assist with coordination ofpro bono programs and activities among legal

services providers and other organizationsacross the state.

• The Committee should continue to refine itsmessage to the legal community at large,finding ways to develop a more sophisticatedunderstanding of the factors that motivatecertain lawyers and groups of lawyers (whomay share similar viewpoints because ofshared circumstances or experiences) to pro-vide pro bono services, and tailoring theCommittee's message (or messages) accord-ingly.

Respectfully submitted: Mark Friel (CH), JeffreyLindberg (SEC), Betty Crofoot, David Ellis,Arron Guevara, Michael Guy, Janay Haas, RyanKahn, Cathy Keenan, Bradley Maier, BeverlyPearman, Jeffrey Pitzer, Daniel Reising, VincentSalvi, Laura Schantz, and Matthew Wilson, LisaLeSage (BC), Judith Baker (BL), Leila Borazjani(Law Student).

Procedure & Practice Committee

The Procedure & Practice Committee has beenmonitoring and reviewing legislative proposals thataffect Procedure and Practice issues in Oregon.

The Procedure & Practice Committee submit-ted one bill to the 2005 Legislature. LC 472 wouldmodify existing statute to allow an extension ofthe statute of limitations upon attorney's deathunder certain circumstances. The Procedure andPractice Committee also submitted a suggestedamendment to ORCP 54:E Offer of Compromiseto the Council on Court Procedure.

Along with the legislative proposals theProcedure & Practice Committee has liaisonassignments with the following groups: 1) UniformTrial Court Rules (UTCR), 2) Council on CourtProcedures (CCP) and the 3) Chief Justice's CivilLaw Advisory Committee (CJCLAC).

The committee will continue to explore issuesthat affect the practice of law that arise out of the

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legislative process and case law. Furthermore, thecommittee will continue to provide liaison to theCouncil on Court Procedures, Chief Justice's CivilLaw Advisory Committee, and the Oregon LawCommission.

Respectfully submitted: Stuart Brown (CH),Michael Zusman (SEC) Brian Dretke, JohnColetti, Carl Kiss, Alex Libmann, RichardRoseta, Everett Jack, Richard Weill, AllysonKrueger, Christopher Morgan, Scott Pratt,David Morrison, Ron Bryant (BC), and JillMallery(BL).

Public Service Advisory Committee

The Public Service Advisory Committee advisesthe Board of Governors and Oregon State Bar staffon public service issues and priorities to assist thebarin achieving its public outreach and educationgoals. In general, the Public Service AdvisoryCommittee seeks to act as a sounding board andprovide advice in two primary areas: public educa-tion regarding available legal resources and theprovision of legal services to the public.

In particular during 2004, the Public ServiceAdvisory Committee provided advice regardingthe following topics, among others:

• The development of the North Coast LegalProject, a proposed low-income legal clinic;

• The provision of legal services to lowerincome clients using a sliding fee scale;

• The use of discrete task representation andlimited attorney advice in an effort to mini-mize attorney fees for lower-income clients;

• The Bar's Tel-Law and Web-Law programs,including updating the programs' scripts;

• Pro bono/pro se assistance, including via theMilitary Assistance Panel;

• Educating lawyers as to when ProfessionalLiability Fund coverage is not necessary;

• Staff decisions regarding Lawyer ReferralService panelist eligibility;

• Online lawyer referrals;

• Encouraging barmembers to participate inpublic service and public education pro-grams;

• Lawyer Referral Service consultation fees,including whether to raise the $35 initialconsultation fee;

• Modest Means Program panelist recruitment;

• Lawyer to Lawyer panelist recruitment;

• Radio advertising;

• OSB web site links;

• Updating the book, Legal Issues for OlderAdults;

• Lawyer Referral Service/Modest MeansProgram staff training;

• The Bar's Problem Solvers Program forteenagers; and

• Public surveys regarding, among other things,attitudes toward lawyers and the Americanlegal system.

Respectfully submitted: Jeff Olson (CH), StevenTodd (SEC), Alice Bartelt, Glen Downs,Jeannine Ferguson, William Walsh, JohnConnors, Paula Hammond, Christy Monson,Nichole DeGroodt, Sonya Fischer, ThomasRayhel, John Schroedel, Donald Hopkins (PM),Albert Menashe (BC), and Kay Pulju (BL).

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Quality of Life Committee

The Quality of Life Committee held sevenmeetings during 2004. At the start of the year, theCommittee's goals were:

A. Outreach to members of local bar associa-tions and establishment of mentoring oppor-tunities via Community BuildingSubcommittee.

B. Submit at least two articles for publication inThe Bulletin or other OSB publication(s).

C. Presentations to law schools (financial plan-ning; maintaining balance).

D. Update and maintain web site.

Substantial progress was made in the followingareas:

A. The Community Building Subcommitteefocused on initiating contact with local barpresidents. We completed the mock scriptthat was in progress at the end of last year.All committee members were asked to con-tact several local bar presidents and establishliaisons between the committee and the localbar associations. After initial contact wasmade, committee members were asked to fol-low up with e-mails to the establishedliaisons. A list of established liaisons will becreated for follow-on projects. It is anticipat-ed that this project will continue into thenew year, with the focus changing to thework of building and improving a sense ofcommunity within the bar now that liaisonshave been established.

B. The Articles Subcommittee focused onresearching, writing and publishing an articleabout law firms that have been selected asgreat places to work, and what those lawfirms do to address quality of life issues andkeep their employees satisfied. Interviewswere conducted with several local and out-of-state law firms, and preparation of thearticle is in process. The OSB Bar Bulletin

has been contacted; publication is expectedin March 2005.

C. The Law School PresentationsSubcommittee focused on making presenta-tions to law school students on quality of lifeissues involving financial planning and stu-dent loans. Presentations will have a panel ofspeakers including members of the commit-tee and outside financial planners. It wasoriginally anticipated that presentationswould be made at the three Oregon lawschools in Fall 2004, however, due tochanges in some of the law schools' sched-ules, it is now anticipated that two of thepresentations will be made in Spring 2005. Apresentation concerning Financial Planningwas made to Lewis & Clark law school inOctober 2004. Once all of the presentationshave been made, the Committee will consid-er publishing an article based on the contentof the presentations.

D. The web site was updated to include a cur-rent roster of Committee members. Althoughthe Committee continues to lack a memberthat has the design skills necessary to updatethe web site, the Committee evaluated theweb site and made recommendations forimprovements.

Respectfully Submitted: Tamara Lewis (CH),Thomas Smith (SEC), Tonya Alexander, MaryOvergaard, Jerry Hodson, Elizabeth Semler,Marilyn Podemski, James Jennings, HerbertHarry, Gail Young (PM), Mike Long (OAAP),Shari Gregory (OAAP), Jonathan Hill (BC)and Stacy Hankin (BL).

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State Lawyers Assistance Committee

During 2004, the committee received new refer-rals from judges, attorneys, and the Bar. Each refer-ral was investigated in accordance with proceduralgoals adopted by SLAC in 2001. The committeecontinues to accept jurisdiction and to monitorremedial programs for several attorneys. Otherinvestigations resulted in the committee decliningjurisdiction. SLAC has been discussing withDisciplinary Council whether there is a role forSLAC in the Bar's new diversion process and thisdiscussion remains ongoing. This past year, SLAChas focused on amending the bylaws to enable thecommittee to become more effective in how eachcase is reviewed and monitored. A specific provi-sion of the amended bylaws included an extendedtwo-year term of the Chair, to add a more thor-ough level of continuity and organization due tothe long-term nature of our caseload.

SLAC has also discussed the invaluable assis-tance provided by the OAAP and our goal thisyear is to reach out to the OAAP in a more effec-tive and comprehensive manner to assist us ineffectively providing services to attorneys in needand to protect the public pursuant to our bylaws.SLAC had a very busy year and had many successstories, however, an attorney monitored by thecommittee passed away unexpectedly recently andthis devastating impact on our committee hasincreased our level of concern for our bar member-ship and our level of commitment in terms of edu-cating the bar on the resources provided by thiscommittee.

Respectfully submitted: Susan R. Gerber (CH),Calvin Souther (SEC), Hon. Eveleen Henry,Richard Lee Barton, Kelly W.G. Clark, DouglasD. Hagen, Andrew Burns, Michael Seidel,Douglas Querin, Donald Muccigrosso (PM), Dr.Eugene Minard (PM), Shari R Gregory (PLFliaison), Michael Long (PLF Liaison), Bette L.Worcester (BC), Sylvia E. Stevens (BL).

Uniform Civil Jury InstructionsCommittee

This year the committee held a total of 12meetings. With the exception of one meeting inEugene, all the meetings were held at the OregonState Bar offices in Lake Oswego.

The committee made significant revisions to 14existing instructions. The subject matters of thoserevised instructions included worker's compensa-tion discrimination, loss of consortium, and dis-ability discrimination. The committee made lesssignificant revisions to 34 existing instructions inorder to clarify language, to update statutory refer-ences, and to conform instructions or comments tocase law. The committee withdrew four instruc-tions relating to whistleblower liability because theLegislature committed such matters to the court,and not to a jury.

In addition, the committee made substantialprogress in completing a multi-year project toupdate and reorganize the Red Book so that theinstructions and comments contained therein arelegally and substantively up to date. As a part ofthat review of the Red Book, the committeereviewed dozens of instructions for accuracy. Thecommittee also continued the process of attempt-ing to simplify language of the instructions to makethem more easily understood and readable byjurors.

The OSB publications staff has indicated thatthe revisions are expected to be published in 2005.

Respectfully Submitted: Bruce C. Hamlin (CH),Jeffrey D. Capps (SEC), William G. Blair, PeggyS. Foraker, Marilyn E. Litzenberger, PhylisChadwell Myles, Sharon A. Rudnick, Megan B.Annand, Jan K. Kitchel, Christopher P. Koback,Jay W. Beattie, Scott N. Hunt, Neil W. Jackson,John T. Kaempf, Jennifer K. Oetter, MarkComstock (BC), Linda Kruschke (BL).

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Uniform Criminal Jury InstructionsCommittee

In 2004 the committee met monthly and addednew instructions regarding identity theft and othervarious crimes. More significantly the committeeprovided a framework of Jury instructions for envi-ronmental crime.

Respectfully submitted: William Meyer (CH),Jennifer Lloyd (SEC) , Mitch Lampson, DavidAngeli, Ho Peter Evans, Ethan Knight, AndrewKohlmetz, Lisa Ludwig, Doug Marteeny,Michael Slauson, Bruce Tarbox, CherylAlbrecht, Guy Greco, Rankin Johnson, LaurenPaulson (BC), and Elise Gautier (BL).

Unlawful Practice of LawCommittee

The Unlawful Practice of Law (UPL)Committee met each month (12 times) during2004, to discuss issues related to the unlawful prac-tice of law and recommend action in cases investi-gated by Committee members. In the next year,the Committee will continue to work on resolvingcases in a timely fashion, resolving older cases, andfilling the positions that come open during theyear.

Committee Membership

During 2004, the complexion of the Committeechanged somewhat. We saw the usual amount ofturnover, replacing over three members. However,the steady, experienced core remained during theyear, continuing to contribute their hard work andexperience for the benefit of the Committee andultimately consumers. In filling vacancies, we con-tinued to strive for geographic and substantivediversity, and were successful in adding new skillsets.

Trends

In the complaints referred for investigation, aswell as in the matters that were inquiries, a num-ber of substantive issues commonly arose. We sawthe following trends in 2004:

• Multijurisdictional practice – Many of ourissues and discussions concerned practition-ers in other states, and whether their con-duct violated Oregon law.

• Bankruptcy – A large number of casesrevolved around bankruptcy filings, adviceconcerning bankruptcy, and other issues anddocuments related, or potentially related, tobankruptcy.

• Professional Crossover – We saw casesinvolving professionals in a variety of otherfields, including tax advice and tax planning,labor and employment, insurance, and finan-cial and investment advising.

• Collections - Several cases raised issues andconcerns in a relatively new area concerningcollections activities, assignment, factoring,and work of collection agencies.

Investigations

Current Year:

As of the date of this report, 78 new mattershad been referred to the Committee for investiga-tion in the year 2004. This reflects an increase ofalmost 22% over the number referred in 2003,when the Committee received 64 referrals forinvestigation. During 2004, the Committeeresolved 62 investigations as follows:

New matters in 2004: 78Resolved For the Year 2004:Dismissal 15Notice Letter 10Admonition Letter 18Cease and Desist Agreement 4Referred for Prosecution 15*

Total 62* Does not include unassigned matters.

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The number of matters referred for prosecutionincludes many files relating to the same respon-dent, such as Layne Barlow and Paul MichaelMoore. This does not reflect an inappropriate ten-dency toward prosecution, but rather the ongoingconduct of repeat offenders—another concern andissue the Committee wrestled with frequently. Barstaff continued to do an outstanding job in 2004recruiting volunteers to prosecute UPL cases.However, this was a topic of frequent discussion,and one which impacted the Committee’s deci-sions on whether to prosecute a case. TheCommittee generally shares the bar staff ’s concernsabout this issue and believes we will see this as achallenge again in 2005.

As of December 2004, the following reflects thestatus of the UPL cases:

Year End 2004 Pending Matters:

Unassigned matters . . . . . . . . . . . . 9 Total Outstanding Investigations . 49* Breakdown by year of complaint:

2002 . . . . . . . . . . . . . . . . . . . . 2 2003 . . . . . . . . . . . . . . . . . . . 10 2004 . . . . . . . . . . . . . . . . . . . 37

C & D Pending . . . . . . . . . . . . . . . 3 Referred to BOG . . . . . . . . . . . . . . 3 In Prosecution . . . . . . . . . . . . . . . 14

* Does not include unassigned matters.

Review of Prior Years

We have continued to see a rise in complaintsand investigations—evidenced by some of ourreported figures for prior years:

Matters referred for investigation: 2003 . . . . . . . . . . . . . . . . . . 64 2002 . . . . . . . . . . . . . . . . . . 58 2001 . . . . . . . . . . . . . . . . . . 46 2000 . . . . . . . . . . . . . . . . . . . 27

Cases Disposed of in 2003: Complete resolution: . . . . . . 37 Waiting final action . . . . . . .20

Pending as of year-end 2003: Outstanding Investigations . .43

Cease & Desist agreements . . . 3Prosecution . . . . . . . . . . . . . . 16Other pending status . . . . . . . .1

Legislative Matters

The Committee formed a group to review theissue of licensing and regulating paralegals. Thisgroup was lead by Tom Howser. After identifyingkey resources, initial review and consideration,evaluation of the pressing legislative and bar-imposed timelines, and consultation with bar staff,this project was held for future Committee consid-eration and review.

Relationships

The Committee also discussed and worked todevelop and maintain good relationships withother agencies and entities that share enforcementauthority. This included making well-reasoneddecisions about when to avoid duplicating effortsand when the Committee should spend spareresources on prosecution. Of particular import tothe Committee are the Oregon Department ofJustice, local district attorneys’ offices and localjudges the Oregon Department of Consumer andBusiness Services, the Secretary of State, theConstruction Contractors’ Board, and the FederalTrade Commission.

Submission

This report was prepared by Michelle Teed(2004 Chair) on January 7,2005. Respectfully sub-mitted on behalf of all members who served on theCommittee and the officers including Dan Drazan(Chair Elect) and Robyn Stein (Secretary).

Respectfully submitted: Michelle Teed(CH),Daniel Drazan (Ch-Elect), Robyn Stein(SEC), Bruce Bornholdt, Kurt Hansen,Lawrence Mann, Noel Snyder, J O’SheaGumusoglu, Elizabeth Aronoff, Christine Coers-Mitchell, Robert Schulhof, Thomas Howser,Kathleen Johnson, Trent Whitford, TheresaWright, Gregory Sackos (PM), Dean DaileyHollomon (PM), Frank Hilton, (BC), LinnDion Davis (BL).

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Administrative Law Section

Executive Committee 2005 as approved at theAnnual Business Meeting, November 5, 2004:

Chair: Lorey H. FreemanChair Elect: Ann FisherPast Chair: Lorey H. FreemanTreasurer: Thomas EwingSecretary: Michael CampbellAt Large: Janice Krem; Philip Campbell;

Mary Nester; Timothy Sullivan;Steve Rissberger; SandraHansberger; Louis Savage

Executive Committee

The Executive Committee met six times duringthe year at the offices of the Oregon State Bar.

Subcommittees

The newsletter committee, chaired by TimSullivan, produced four outstanding newsletters.The Administrative Law Section's Deskbook isbeing updated under the guidance of Janice Krem.It is hoped that the latest version will be availablein early 2005. Three legislative proposals were pre-session filed by the Judiciary Committee at theOSB Annual Meeting. The legislative committee,chaired by Janice Krem has already invested a greatdeal of time in those proposals which remain worksin progress.

Annual Meeting

The annual meeting was held on November 5at the offices of the Oregon State Bar. The treasur-er's report was received and new officers and at-large members elected. Patrick Allen,Administrator of the Office of RegulatoryStreamlining made a presentation on the work ofhis office followed by healthy debate among sec-tion members.

Continuing Legal Education

On October 30 the section co-sponsored a CLEwith the Oregon Association of AdministrativeLaw Judges and Willamette Law School entitled,"Delivering Justice in AdministrativeDecisionmaking in Oregon." It was well attendedand generated some additional revenue for the sec-tion.

Budget

The section expects to close the year with acarry-over balance of $3,334.

Proposals for Next Year

The section intends to continue publication ofnewsletters and make improvements to its web site.It also hopes to sponsor additional opportunitiesfor section members to socialize.

There are two CLEs in development for 2005.One addresses issues related to judicial review ofOrders in Contested Cases after the Court ofAppeals decision Norden v. Water Resources Dept.and the other will cover judicial review of stateagency actions generally.

During the 2005 legislative session theLegislation and Rules Committee expects to moveforward on its legislative proposals as well as billswhich impact the substantive law or practice.

Beginning in 2005, the section has added a lineitem to its budget for a $500.00 contribution to theCampaign for Equal Justice. This was approvedwithout dissent by the Executive Committee.

Respectfully submitted: Lorey H. Freeman (CH),Lane H. Shetterly, (Past CH), Thomas E. Ewing(TR), Ann L. Fisher (SEC), Michael R.Campbell, Janice Krem, Mary A. Nester, SteveRissberger, Philip Schradle, Fancine Shetterly,Timothy M. Sullivan, Jonathan P. Hill (BC), JillR. Mallery (BL).

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Sections

Admiralty Section

This past year the Admiralty Section addressedits identity. Dormant for a number of years, itfound itself in jeopardy of being "deep sixed" bythe bar. A call to arms was answered and on Aug.6, revitalization resulted at a luncheon meetinghosted by the Miller, Nash firm. A vote wasrecorded (unanimous) to preserve the section,eschewing abolition or merger.

An annual meeting ensued on Nov. 9, hostedby the Wood, Tatum firm. The agenda includedelection of officers (see below), and a CLE hourpresented by the (near) pre-eminent Carl Neil:"Take It To The Limit One More Time."Collegiality fueled the camaraderie that flowedthereafter at the hosted reception. The section hasadopted an "in for free" program, whereby any new(or fallen away) members enjoy a year free of duesif sign up is done by the end of January.

Respectfully submitted: Dennis R. VavRosky(CH), John J. Breiling (TR), Ky Fullerton(SEC), M. Christie Helmer, Darien S. Loiselle,Nancy R. Walseth, Linda K. Eyerman (BC),Sarah Hackbart, (BL).

Agricultural Law Section

Section Information

Members: 132

Annual Dues: $15.00

2004 Executive Committee:

Chair: Jesse D. LyonChair-Elect: Jean Underhill WilkinsonPast Chair: Lawrence B. RewTreasurer: George L. AndersonSecretary: David SmileyAt Large: Steven Shropshire, David

Simon, David Leonard, ChuckToole, Bob Butler

2005 Executive Committee:

Chair: Jean Underhill Wilkinson Chair Elect: Joe HobsonPast Chair: Jesse D. Lyon Treasurer: George L. AndersonSecretary: David SmileyAt Large: Steven Shropshire, David

Simon, Bob Butler, ChuckToole, Larry Rew

Web site:http://www.osbaglaw.homestead.com/contact.html

E-Mail List Serve: [email protected]

Section Overview

The Agriculture Law Section of the OregonState Bar is one of the smaller sections of totalmembers, but particularly at the ExecutiveCommittee level is very active. BecauseAgriculture is diverse based on its crops and live-stock and doing business in every county inOregon, it is difficult to hold meetings in one loca-tion that can reasonably be attended by the mem-bers. Attempts have been made to hold such meet-ings at the OSB Annual Convention, but theattendance has been very low. It is not even reallypractical for the Executive Committee of the tomeeting together in one physical location. It hasbecome clear that conference call meetings areeffective and well attended by the ExecutiveCommittee. Such meetings are held monthly. Thehas in the past and will continue in the future tomonitor(read the tea leaves) of the Agriculture lawand provide information to the practitioners that isunique to the Agricultural legal field.

2004 Activities of the Section

• The invited Brent Searle, communicationsdirector for the Oregon Department ofAgriculture, to participate monthly in theexecutive committee conference call to dis-seminate (and receive) information of impor-

18


tance to (and from) agricultural lawyers inthe state. All section members are invitedand welcome to listen to the group's telecon-ferences, and these reports are shared month-ly (with the executive committee minutes)to all section members.

• The section contracted with Weisha Mize tomake available Oregon Water ResourcesDepartment(WRD) water rights and similardecisions from the Department on a web siteaccessible to members of the Oregon StateBar as well as others. An arrangement hasbeen reached which is a combination of theWRD putting on the Office ofAdministrative Hearings web site all contest-ed proposed and final orders since 1990(except Klamath cases). Additional fundingwill be necessary to complete the project andalso to accomplish the stated goal of creatinga digest of significant pre 1990 cases. Thesection will continue to solicit the support ofother sections and law firms with an interestin water law.

• The section hosted a CLE at the OSBAnnual Meeting. The primary substantivetopic concerned the development and nego-tiation of agricultural conservation ease-ments. Presenters were Larry Rew, ChuckToole, and Kelly Struhs. Environmental andReal Estate section members were also invit-ed. The CLE also offered an update on thenewly-available WRD case resources (DavidLeonard and Weisha Mize), and a presenta-tion by Brent Searle about ODA resourcesavailable to lawyers in our section.

Respectfully submitted: Jesse D. Lyon (CH), JeanUnderhill Wilkinson (Ch-Elect), Lawrence B.Rew (Past CH), George L. Anderson (TR),David W. Smiley (SEC), Robert D. Butler,William M. Ganong, Steven J. Joseph, David H.Leonard, Steven L. Shropshire, David R.Simon, Charles K. Toole, Scott Warner, RonaldL. Bryant (BC), Barbara Buehler (BL).

Alternative Dispute ResolutionSection

The Executive Committee of the ADR Sectioncontinued its tradition of monthly meetingsthroughout the year. Many of the meetings wereseveral hours in length as we found ourselvesimmersed in discussion and action in the fields ofmediation, arbitration and other dispute resolutionprocesses and topics.

They published two newsletters on a wide vari-ety of topics, including "Mindfulness," "TheUniform Mediation Act and Oregon Law," and"Mediator as Diagnostician." The ADR Newslettercontinues to be mailed to all members of the andcan also be found on the web site atwww.osbadr.homestead.com.

They spent considerable time in the followingareas:

• Participating in the development of UniformTrial Court Rules as they relate to mediationwithin the court system;

• Surveying our membership and providinginformation concerning the UniformMediation Act;

• Working with the Oregon MediationAssociation as they contemplated changes totheir Core Standards of Practice;

• Exploring the possibility of introducingexpanded "apology" legislation; and

• Learning about and supporting efforts to con-tinue funding for non-court ADR programs(which were part of the now defunct DisputeResolution Commission);

In November, they also held a CLE in conjunc-tion with the Oregon Mediation Association'sConference. Our panels were "Lawyers, Mediatorsand Social Capital: Intersections & Challenges;""Women Lawyers: Impact to the Legal Professionand Mediation," and "Oregon and the UniformMediation Act."

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Respectfully submitted: Jane Gordon (CH), LesSwanson (CH-Elect), William N. Gross (PastCH), Stanley A. Sitnick (TR), Alison S. Kelley(SEC), Jeffrey M. Batchelor, William J. Boyd,Bradley L. Brown, Bethany Evans, Cynthia M.Fraser, Susan M. Hammer, Rebecca H. Heirs,Kristena A. LaMar, Susan M. Leeson, JimMelamed, Lisa A. Peters, Suzanne Townsend,Lauren J. Paulson (BC), Sarah Hackbart (BL).

Antitrust and Trade RegulationSection

Introduction

This is the annual report for the Antitrust andTrade Regulation Section, outlining our activitiesover the last year, and plans for next year.

Membership

Section membership grew over the last year,and the Executive Committee saw some geograph-ic and practice diversity changes. Notably, theincludes several members outside of the Portlandmetro area, and in-house counsel. Nonetheless, themembership continues to be concentrated inPortland.

2004 CLEs

The Executive Committee determined early inthe year that it would seek to expand it's efforts atoffering CLEs, including presenting more pro-grams, on a wider range of subjects, and integratingnoteworthy speakers from outside Oregon wherepossible and feasible. The Executive Committeerecognized this as a way to manage the relativelylarge surplus and to offer more services to mem-bers, and thus the sponsored three CLE programsthis year.

The first was a bid-rigging program, presentedby Andy Aubertine, Peter Goldberg, and MarkAnderson in March. The presentation was gearedtoward government procurement officers and gov-

ernment law practitioners generally. It was held asa breakfast program at the Wells Fargo tower, andwas relatively well attended.

The second CLE was held in conjunction withthe Energy, Telecom and Utility Law, as part oftheir annual retreat. Presentations were made bySharon Nelson with respect to theTelecommunications Act of 1996. The overallretreat was relatively well attended, with a smallnumber of antitrust practitioners attending theprogram.

The third CLE was held in conjunction withthe annual meeting in October. The presenterswere Professor Stephen Calkins and MichaelSimon, who talked about case law and otherantitrust issues and developments over the lastyear. The program was held at the new PerkinsCoie office in the Pearl District, and was wellattended.

2004 Activities

The Executive Committee also undertook sev-eral new projects on behalf of the section toimprove the benefits of membership:

• List serve — A list serve was developed andimplemented, which will reach all sectionmembers, allowing them to communicateand share information directly on a real-timebasis.

• Web site — The section's web site has beendramatically enhanced, including adding apage of helpful links and sources for antitrustinformation and case law, meeting dates andtimes, and soon materials from prior CLEs.

• The Committee considered and discussedwhether a newsletter would be feasible.Several Committee members explored thisidea with available staff. This concept wasnot implemented primarily because dedicatedresource could not be identified.

• The Committee considered and evaluatedvarious donation and scholarship requests

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over the year. For the most part, theCommittee agreed that members did notanticipate their dues to be allocated to thesepurposes, so they were not pursued.

• The Committee began discussing the feasi-bility of hosting a writing competition. TwoCommittee members have been assigned toresearch this more fully and bring additionalinformation to the Committee for discussion.

• The Committee paid special attention toprojecting and managing finances this year,to balance the efforts to manage the surplusand develop valuable programs for the mem-bers. This was successfully implemented,leaving them with a reasonable reserve forthe next year.

2005 Planning

The Executive Committee looks forward tocontinuing its efforts next year to present two tothree CLE programs that will be of interest to sec-tion and OSB members generally, responsibly man-aging the budget, and coordinating where feasiblewith other sections and program sponsors.

Respectfully submitted: Michelle Teed (CH),Kristin Lee Cleveland (CH-Elect), Richard G.Price (Past CH), Thomas Russell Johnson (TR),Scott G. Seidman (SEC), David Stanley Aman,Mark A. Anderson, Andrew E. Aubertine,Richard L. Baum, Christina Beatty-Walters,Vincent F. Chiappetta, Kenneth Ray Davis,Sheila Fox Morrison, David L. Silverman,Darsee Staley, R. Alan Wight, Linda K.Eyerman (BC), Chris L. Mullman (BL).

Appellate Practice Section

The Appellate Practice Section normally spon-sors several continuing legal education seminarseach year and also publishes a newsletter for itsmembers.

Continuing Legal Education:

May 26, 2004 at ODS TowerMay 27, 2005 at Willamette Law School, Salem

Advanced Mandamus Practice in the OregonSupreme Court

Keith M. Garza, Senior Staff Attorney, OregonSupreme Court

September 27, 2004 at ODS Tower

Internal Practices of the Oregon Court of Appeals

Honorable Robert Wollheim, Oregon Court ofAppeals

James Nass, Council for the Oregon AppealsCourts

November 12, 2004 at ODS TowerNovember 15, 2004 at Department of Justice

Preservation with the Honorable Rives Kistler,Oregon Supreme Justice

Honorable Rick T. Haselton, Oregon Court ofAppeals Judge

The section provides bar members who shareinterests in this particular area of law with anopportunity to develop and improve their skills. Italso provides them with a forum for communica-tion and action in matters of common interest.

The section currently has 329 members and themembership dues are $10 per year.

Respectfully submitted: Jacqueline L. Koch,(CH), David Hittle, (Past CH), Robert K.Udziela, (CH-Elect), Michael C. Livingston,(TR), Keith M. Garza (SEC), Walter J.Ledesma, R. Daniel Lindahl, Scott Shorr, BruceL. Campbell, Maureen Leonard, Marjorie S.Speirs, Thomas W. Sondag, Jeffrey M.Batchelor, Thomas W. Brown, M. ElizabethDuncan, James W. Nass, Jane EllenStonecipher, Linda K. Eyerman, (BC), M. KayPulju,(BL).

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Aviation Law Section

The Aviation Law Section meets at noon onthe last Tuesday of each month at the OswegoLake Country Club. The section periodically pro-duces a newsletter and discusses issues germane toaviation law specifically and the practice of lawgenerally. The section co-sponsors the annualPacific Northwest Aviation Law Conference withthe Seattle-King County Bar Association -Aviation Section.

Specific Activities Occurring in 2004:

• Held its annual meeting at The Legends inPortland.

• Considered various legislative proposals.

• Presented Martin Schedler with a LifetimeAchievement Award.

• The section developed an aviation law cur-riculum and course materials that wereaccepted by the Lewis & Clark Law School.The section will teach an aviation law courseat the Law School in the 2005 Spring semes-ter.

• Held noon CLE with guest speakers from theFAA and medical field.

• Section donated aerial flights to the OregonMinority Lawyers Association ScholarshipFundraiser, which generated $575 to theMLA.

• The section continues to be interactive withthe Lawyer Pilot Bar Association, a nationalassociation of lawyers specializing inAviation Law and related fields.

Respectfully submitted: Steven L. Myers (CH),A. Richard Vial (Past-CH), John C. Hutchison(TR), Patrick J. Kurkoski (CH-Elect/SEC),John R. Barker, Donald B. Bowerman, LanceCaldwell, Thomas J. Flaherty, Jonathan M.Hoffman, Robert B. Hopkins, Barbara AnnJacobson, Timothy E. Miller, Philip A. Rush,

Charles A. Sams, David J. Sweeney, ChristineTracey, Martin Schedler (ADV), Michael F.Van Hoomissen (ADV), Phyllis J. Edmundson(BC), Sarah Hackbart (BL)

Business Law Section

1. Section goals and objectives for the period endingDecember 31, 2005.

• Continue to enhance and expand BusinessSection web site.

• Promote alignment of Oregon Securities Actwith the Uniform Securities Act, in conjunc-tion with the Securities Law Section and thePublic Affairs Committee.

• Produce and deliver continuing legal educa-tion programs to section members and thebar on relevant and timely business-lawrelated topics.

• Continue outreach to non-Portland sectionmembers with localized meetings, events andmixers.

• Inform members of events, trends and devel-opments in business law and section mattervia web site, newsletter (Oregon BusinessLawyer, published 2-4 times per year), listserve and blast e-mail messages.

2. Committees

• Legislative: Andrew Morrow

• Newsletter (Business Lawyer): AndrewOgnall

• Continuing Legal Education and AnnualMeeting: Ernie G. Bootsma

• Corporate Finance/M&A: Paul Migchelbrink

• Financial Institutions: Michelle Druce

• Business Practice Tools: Melissa A. Boge

• Regional Outreach: Jason M. Anderson

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3. Legislative Contact:

Andrew Morrow

4. Committee meeting schedule through December 16,2005.

Unless otherwise noted, all meetings will beheld in Portland.

1) December 17, 2004 (Arlington Club)

2) January 21, 2005 (Ater Wynne)

3) February 18, 2005

4) March 18, 2005

5) April 15, 2005

6) May 20, 2005

7) June 17, 2005

8) July 15, 2005 (Ashland, OR)

9) August 19, 2005

10) September 16, 2005

11) October 21, 2005

12) November 18, 2005

13) December 16, 2005

Respectfully Submitted: Brentley M. Bullock(CH), Timothy J. O'Hanlon (Ch-Elect),Catherine A. Shaw (Past-CH), Jason M.Brauser (TR), Brenda L. Meltebeke (SEC),Jason M. Anderson, Vicki A. Ballou, Patricia L.Chapman, Mitchell E. Hornecker, Anthony R.Kreitzberg, Jeffrey F. Nudelman, Andrew H.Ognall, Claire J. Philpott, Robert A. Stout,Gerry Gaydos (BC), Paul Nickell (BL).

Business Litigation Section

During the past year, the Business LitigationSection has focused on maintaining and improvingthe quality of its popular mini CLE series. The fol-lowing CLEs were held in Portland this year:

1. February 11, 2004: What's Important to In-House Counsel – Speakers: Amy Peterson,Eric English and Simeon Rapoport

2. April 14, 2004: So You Think You Are Goingto Trial? — Speakers: Honorable Wallace P.Carson and Honorable Dale R. Koch

3. June 9, 2004: What Civil Litigators ShouldKnow About Government Investigators –Speakers: Marc Blackman and JosephArellano

4. September 15, 2004: The WeyerhaeuserAntitrust Cases: Perspectives from Counsel forPlaintiffs – Speakers: Michael Haglund

5. November 10, 2004: What Every LawyerShould Know About Ethics Litigation –Speakers: Jane Angus and Chris Hardman

The Board has elected a new slate of officerswhose positions will be effective January 1, 2005.The entire Board will be meeting in January 2005for our annual planning session. Topics for thismeeting will include:

1. Planning CLEs for the 2005 calendar year.

2. Reviewing web site capability and opportuni-ties through the Oregon State Bar.

3. Discussing potential for CLE programs out-side of Portland.

4. Discussing potential for half or full day CLEprogram.

5. Discussing ways to increase membership.

This does not at this time anticipate proposingany new legislation.

Respectfully submitted: Steve D. Larson (CH),Julie R. Vacura (CH-Elect), Loren D. Podwill(Past CH), Christopher T. Carson (TR), BruceH. Cahn (SEC), Joseph C. Arellano, Paul W.Conable, Keith S. Dubanevich, Mary EllenPage Farr, Roxanne L. Farra, Julie BardackeHaddon, John F. McGrory, Lynn R. Stafford,Jonathan M. Radmacher, Dennis P. Rawlinson(BC), Teresa Wenzel (BL).

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Civil Rights Section

In 2004, the OSB Civil Rights Section accom-plished the following:

• Put on three major CLEs, the first two of whichwere free and open to the public:

Civil Liberties After 9/11 and the USA Patriot Act

Featuring the author of the Patriot Act -Viet Dihn, United States Congressman EarlBlumenauer, United States Attorney KarinImmergut, ACLU national board memberCharles Hinkle, United States Departmentof Homeland Security counsel Tim Keefer,and Portland Seven criminal defense attor-ney Kris Winemiller

This was later broadcast on radio on OregonPublic Broadcasting as well as on cable tele-vision channels

This is also available online on the bar's website in streaming video format, and copies ofthe videotapes are available for purchasefrom the bar at a nominal cost

Traffic Stops and Civil Rights

This community forum featured mayoral can-didate and former chief of police Tom Potterand explored the extremely sensitive civilrights issues in police stops and the use ofdeadly force in Portland's minority commu-nity following fatal shootings during recenttraffic stops

Copies of the forum videotapes are availablefor purchase from the bar at a nominal cost

Civil Rights, Civil Liberties…and Civil Unions?A Year of Civil Issues in Oregon

This CLE focused on developments since theApril 15 Patriot Act forum, as well as on thepending litigation surrounding the gay mar-riage issue this year in Oregon. It featuredOregon attorney Brandon Mayfield, who was

arrested by the FBI just weeks following thesection's Patriot Act forum - and laterreleased after it was determined that the FBIfingerprint identifications were incorrect,along with his criminal and civil attorneysSteven Wax and Elden Rosenthal, and onthe gay marriage litigation Oregon ACLUexecutive director David Fidanque and attor-ney Kelly Clark

• Transcribed and posted on the section's web sitethe entire proceedings of the Federal BarAssociation's forum on the Foreign IntelligenceSurveillance Act Courts, which forum was heldin Portland last year, featuring presentationsfrom the trial and appellate judges from thesecret FISA courts discussing the only publishedcases from those courts

• Produced and distributed a two part video of thePatriot Act forum, which has been widelyplayed on cable television stations throughoutthe state

• Produced and distributed videotapes of theTraffic Stop CLE

• Produced several Civil Rights newsletters, dis-tributed electronically, and

• Donated $500 to the Campaign for EqualJustice.

Recognition of the Civil Rights Section's signif-icant work this year was reflected by:

• Receipt of two OSB President's MembershipService Awards

• Selection of the section's web site (on back-ground material relating to the USA PatriotAct) as the "Ninth Circuit Web site of theWeek" by the U. S. Ninth Circuit Court ofAppeals web master.

As of September 30, 2004, the section's fundbalance is $3,345.

Continuing its work in 2004 the Civil RightsSection plans to:

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• hold a major practical skills CLE on LitigatingSection 1983 Cases

• continue publishing the Civil Rights newsletter

• contribute to the Campaign for Equal Justice,and

• monitor legislation and new cases that affectcivil rights.

Respectfully submitted: John Clinton Geil (CH),Edward Johnson (CH-Elect), Carl Kiss (PastCH), Kyle B. Dukelow (TR), Dennis Steinman(SEC), Barbara J. Diamond, John M. Kreutzer,Richard F. Liebman, Richard R. Meneghello,Katelyn S. Oldham, David D. Park, Lauren J.Paulson (BC), Kateri Walsh (BL).

Computer and Internet Law Section

The Computer and Internet Law Section(CILS) strives to further the continuing educationand enhance the effectiveness of attorneys whopractice in fields including computer and internetrelated issues. At its January 2004 kick-off meetingthe Executive Committee of the CILS agreed toconcentrate its efforts on improving upon thealready high quality CLE programs presented tothe section and to providing additional value-added practice aids through the development of aCILS web site. This report provides details of thesection's accomplishments toward those ends.

Membership and Finance

Although lean times have occasioned some falloff in our section's membership (a decrease felt bymany bar sections), at 285 members the CILSremains healthy and participation and interest inour CLE programs continues to run strong. Ourrevenues remain stable, and the section is fiscallysolid at year-end with a healthy fund balance tocarry us into 2005.

Luncheon CLE's

During 2004, our members received a steadymonthly diet of informative and compelling lunch-eon CLE programs. We plan to continue present-ing a strong luncheon CLE program in 2005, withadded emphasis on practical skills-related pro-grams.

Legislative Subcommittee

The legislative subcommittee, ably led by Prof.Lydia Loren, has made concerted efforts to makeOregon legislators aware of the section's presenceand its utility in regards to computer and internet-related legislation. During 2005, the subcommitteewill continue to work to identify and commentupon legislation of interest to the section.

Annual CILS CLE Programs

In October, the section co-sponsored with thebar a full-day CLE program entitled "Technologyto Market: Domestic, Federal and InternationalLegal Issues." This well-received program featureduniformly excellent speakers and content, and gen-erated positive feedback from the attendees.

CILS Web Site

Recognizing the rapid pace of the evolving bodyof computer and internet law, this year theExecutive Committee is focusing on developing aweb site to serve as an invaluable resource tool andpractice aid for CILS members. The CILS web siteis nearly complete, and will feature links to otherresource sites, legal analysis, case law, news, CLEprograms, section events and other informationuseful in the practice of computer and internet law.The members-only web site should be available forsection members before year-end.

CILS Annual Meeting

The section's annual meeting on September21st at Pazzo restaurant was well attended and pro-vided a low-key and relaxing environment formembers to meet with the Executive Committeeand network with colleagues.

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The Future

Every year the Executive Committee is facedwith the challenge of increasing the value of sec-tion membership for all of our members. The bestmeans for us to meet that challenge is to ensurethat the energy and engagement of our member-ship remains at a high level. Your active participa-tion in the section and its activities will continueto provide us with the feedback, support and direc-tion we need to provide only the highest qualityprograms and services. I encourage each sectionmember to contact anyone on the ExecutiveCommittee for information on how to moreactively participate. A list of the ExecutiveCommittee contacts may be found on our web siteat www.osbcils.org.

In closing, it has been a busy and rewardingtime for me as Chair of the section. I was given aunique opportunity to work with an extremely tal-ented and energetic group on this year's ExecutiveCommittee. I want to thank all of them and you,our members, for your combined support and hardwork. Together we have once again delivered on acommitment for increasing value and promotingexcellence.

Respectfully submitted, Marc Visnick (CH),Timothy E. Siegel (CH-Elect), Stephen H.Leasia (Past CH), Anne E. Koch (TR), MartinF. Medeiros (SEC), Thomas E. Bahrman,Charles R. Bowers, Jacob J. Carroll, Stuart K.Cohen, Anthony E. Davis, Kohel M. Haver,Nicholas P. Herriges, Lydia P. Loren, Steven T.Lovett, Renee E. Rothauge, John Stevason,Robert A. Swider, Jonathan P. Hill (BC), DavidA. Johnson (BL).

Constitutional Law Section

The Constitutional Law Section was formed topromote the fundamental importance of constitu-tional law, both state and federal.

CLEs: In 2004, the section organized and spon-sored two CLE programs. On June 17, 2004, thesection sponsored a half-day CLE program at the

Oregon Convention Center. The programaddressed state and federal constitutional issuesregarding the debate over same-sex marriage. TheCLE was well attended and well regarded.

On November 19, 2004, the section sponsored afull-day CLE program at the MAC Club. The pro-gram featured national and Oregon speakers,including Professors Erwin Chemerinsky, PamelaKarlan, and Garrett Epps. Professor Chemerinskyreviewed the leading cases decided by the UnitedStates Supreme Court in its October 2003 Termand previewed the key cases pending before theSupreme Court in its October 2004 Term.Professor Chemerinsky also discussed the develop-ing legal theory known as "popular constitutional-ism." Professor Karlan discussed key issues involvedin Supreme Court litigation over the constitution-al right of "one person, one vote," especially politi-cal gerrymandering. Professor Epps gave a lunch-eon address discussing possible questions that theUnited States Senate may choose to ask futurenominees to the United States Supreme Court. Inaddition, a panel of distinguished state court juristsand practitioners discussed Oregon constitutionaljurisprudence after the "Linde Court." This CLEwas also well attended and well regarded.

Weblog ("blog"): In 2004, the section began dis-cussions concerning the development of a weblog(or "blog") to serve the needs of Oregon lawyersinterested in state and federal constitutional law.Those discussions will likely continue in 2005.

Finances: The Section remains fiscally sound. Itchose not to seek an increase in Section dues, andit continued to make a $500 contribution to theCampaign for Equal Justice.

Respectfully submitted: Michael H. Simon (CH),David Euan Leith (CH-Elect), Katherine G.Georges (Past CH), James N. Westwood (TR),Thomas M. Christ (SEC), Paula Lynne Abrams,Judith Giers, John P.(Toby) Graff, Charles F.Hinkle, Henry H. Lazenby, Margarita G.Molina, Roy Pulvers, Ruth M. Spetter, EdwardH. Trompke, David Schuman, Les Swanson,Marva Fabien (BC), Kateri Walsh (BL).

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Construction Law Section

The Section sponsored a CLE entitled "2004Practitioner's Guide to the Oregon ConstructionContractors Board" in conjunction with theirannual meeting, December 3, 2004.

A CLE entitled "The New World ofConstruction Insurance and Risk Transfer" wasplanned for January, 2005. It is co-sponsored by theSection, AGC, and Professional EducationSystems Institute (PESI).

The Section's newsletter was published in July.

A List Serve was set up for the section. TheSection continued investigation into putting a website into place.

On-Line CLE Publication was discussed. Thecommittee requested additional information on thecost projected for this effort, and the anticipatedrevenue loss from the lost sales of printed material,in order to better evaluate the proposed charge.

The Executive Committee invited David Nebelto meet with them to discuss how the committeecould become involved in taking a stand on pro-posed legislation as a committee or individually.David did an excellent job in presenting what thecommittee could or could not do related to legisla-tive action. A committee member was appointedlegislative liaison.

The Section completed the year with its annualmeeting on December 3 and the election of officersfor 2005. The following were elected to positionson the Executive Committee and/or as officers:

Chair: Janelle ChorzempaChair Elect: Jack LevyPast Chair: Roger LennebergSecretary: Dana AndersonTreasurer: Alan MitchellMember-At-Large: Gary Christensen,

Angela Otto

Respectfully submitted: Roger A. Lenneberg,(CH), Janelle E. Chorzempa, (CH-Elect), DavidT. Douthwaite, (Past CH), Dana A. Anderson,(TR), Jack Levy, (SEC), Nancy K. Cary, D.Bary Christensen, David T. Douthwaite, JackLevy, Darien S. Loiselle, Alan L. Mitchell,Angela Otto, James H. Van Dyke, Dennis P.Rawlinson (BC), Sarah Hackbart (BL).

Consumer Law Section

1. Formation

The Board of Governors approved the forma-tion of the Consumer Law Section in October1995.

2. Finances

The Section currently has 139 members. Theannual Section dues are $15. The estimated end ofyear account balance for the Section is $10,513.

3. Executive Committee

The Executive Committee has met on a regularmonthly basis since the formation of the Section.Executive Committee meetings are generally heldfrom noon to 1:00 pm on the third Wednesday ofeach month at the Lewis & Clark Legal Clinic,310 SW 4th Avenue, Suite 1018, Portland,Oregon. Telephone: (503) 768-6500. For the thirdyear, the July meeting of the Executive Committeewas held with Oregon Attorney General, HardyMyers, in his offices in Salem, Oregon.

As of January 1, 2005, the ExecutiveCommittee will be:

Chair: Justin BaxterChair Elect: Hope Del CarloImmediatePast Chair: Truman StoneSecretary: Pam YeeTreasurer: Amber Anderson

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Members-At-Large:Melisse CunninghamMargaretta EakinMoloy GoodBret Knewtson Tim QuenelleRon Rubino Richard A. SlotteeTerry SlominskiJason Skelton

4. Committees

The Section currently has a four standingCommittees: CLE, Legislative, Newsletter, andSocial. Each of these meet periodically as needed.

5. Continuing Legal Education

In conjunction with the OSB Annual Meeting,on October 14, 2004, the section sponsored a CLEentitled Consumer Law and Punitive Damages—TheRecovery and the Keeping. This CLE was approvedfor 1 General Credit.

6. Newsletter

The Section has published two issues of ournewsletter in May and August 2004, and has athird issue pending. The position of NewsletterEditor has been ably filled by Amber Andersonwho is supported by a standing committee. TheSection receives printing and mailing assistancefrom the Oregon Department of Justice FinancialFraud/Consumer Protection Section.

7. Legislation

The Section has proposed two bills for the 2005Legislative session which were submitted to theBOG, approved and pre-session filed. TheLegislative Committee has been working to findsupport for the proposals.

LC 451 is a proposal to increase the homesteadand automobile exemptions.

LC 452 would create a new exemption for theAdditional Child Care Tax Credit.

The Section has endorsed a proposal whichlends official support for restoring general fundingto the Oregon Department of Justice FinancialFraud / Consumer Protection Section within theAttorney General's budget. The Section will workthrough the BOG to gain approval for this stance.

Respectfully submitted: Truman A. Stone (CH),Justin M. Baxter (CH-Elect), Ronald J. Rubino(Past CH), Amber Anderson Westlund (TR),Hope A. Del Carlo (SEC), Melisse S.Cunningham, Moloy K. Good, Bret A.Knewtson, Tim Alan Quenelle, Jason A.Skelton, Terrance J. Slominski, Richard A.Slottee, Pamela E. Yee, Marva Fabien (BC),David W. Nebel (BL).

Corporate Counsel Section

The Executive Committee met regularly duringthe year to discuss, plan and coordinate the activi-ties of this 400-member section. Activities includ-ed maintenance and further expansion of the sec-tion's web site, publication of several issues of anonline newsletter, two breakfast roundtables, alawyer-to-lawyer networking luncheon and presen-tation of three CLE programs.

In March a "Meet the Judges" roundtable washeld in Portland, attended by a number of sectionmembers as well as Federal and State judges. InMay, the section presented a Diversity and EthicsCLE. In June was the lawyer-to-lawyer, no agenda,networking luncheon. October's roundtableinvolved a fascinating discussion of the "FirstFederal Court in Oregon." In November, the sec-tion presented a CLE entitled "What if theGovernment Knocks on your Door." The annualmeeting and election of members and officers ofthe section for the coming year was held onNovember 16. The final section activity for 2004 isa CLE to be held in on December 8, 2004 entitled"Questions and (Some) Answers About MandatoryChild Abuse Reporting."

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The section's finances are solid and it was deter-mined that there was no immediate need for a duesincrease.

Future section activities are expected to includemonthly Executive Committee meetings, generallyon the first Wednesday of each month except Julyand August, 3 or 4 roundtable discussions and twoCLE presentations on topics of interest to membersof the section. The section plans to continue pub-lication of its online newsletter and to expand andenhance its web site.

To participate in section activities or to becomeinvolved in section administration, please feel freeto contact any member of the ExecutiveCommittee.

Respectfully submitted: Philip S. Harris (CH),Kathleen Barsocchini (CH-Elect), Richard W.Olson (Past CH), Brian S. Thompson (TR),John E. LaVeille (SEC), Joel L. Augee, JosephA. Brislin, Andrea L. Bushnell, Jeffrey B. Erb,Andrew S. Glikbarg, Jacob A. Heth, Grethe A.Larson, Simeon D. Rapoport, Kevin S. Thomas,David L. Uyemura, Tom J. Wettlaufer, MatthewA. Wilson, Victoria S. Baum (ADV), Frank H.Hilton (BC), Lorraine R. Jacobs (BL).

Criminal Law Section

The Criminal Law Section consists of approxi-mately 600 members comprised mainly of judges,prosecutors and defense attorneys. The section'spurpose is to bring together OSB membersinvolved in the criminal justice system to discussissues of importance, promote professionalism andeducation of its members. Under the direction ofTreasurer Ken Bauman, the section's financial posi-tion is very secure and the year end should produceadded reserves to the section's balance sheet. TheExecutive Committee consists of 12 members - sixinvolved in prosecution and six practicing criminaldefense.

The Section was very active in 2004 and someof the accomplishments are as follows:

1. In April, 2004, the section sponsored the 17thAnnual Contemporary Issues in CriminalJustice. The section continued publication of itsnewsletter and web site

2. The section continued to disseminate the lateststate and federal appellate decisions on criminallaw via a list service.

3. The Executive Committee continued its tradi-tion to meet at least once or twice a year out-side the Willamette Valley. In 2004, theExecutive Committee held the August meetingin Wallowa County.

4. Members of the Executive Committee partici-pate in the Criminal Justice AdvisoryCommittee chaired by Chief Justice WallaceCarson and will monitor legislation affectingthe criminal justice system for the Oregon StateBar.

5. The Executive Committee declined to supportthe proposed ethics rules presented to theHouse of Delegates in 2003. However, in 2004the Executive Committee studied the recom-mended changes by the Oregon Supreme Courtand supported the amended proposal as present-ed to the House of Delegates in 2004.

Respectfully submitted: Lindsay R. Partridge(CH), Daniel Ousley (CH-Elect), Cynthia L.Easterday (Past CH), Kenneth C. Bauman(TR), Rebecca A. Duncan (SEC), Sarah SnyderMorris, Gregory B. Scholl, Marc Sussman,Timothy A. Sylwester, David G. Terry, Janelle F.Wipper, Lauren J. Paulson (BC), Kateri Walsh(BL).

29


Debtor-Creditor Section

The Section made the following contributionsthis year:

• Publication of three issues of theDebtor/Creditor Section Newsletter.

• Formation of the Young Lawyers Committee.The committee met every month beginningin October 2004, organized a backstage tourof the clerks' area of the bankruptcy courtsand sponsored a one-hour, video linked pres-entation by three trustees in Eugene andPortland.

• At the Oregon State Bar Convention onOctober 14-16, the Debtor-Creditor Sectionsponsored a CLE program entitled"Bankruptcy Intro for Non-BankruptcyLawyers-This Means You!"

• Co-sponsored the 17th Annual NWBankruptcy Institute, April 16-17, inPortland.

• Held the section annual meeting and CLE:"How are Your Trial Skills," on November 5& 6, 2004, in Eugene.

• The Legislative Committee of the sectionconsidered legislative proposals and providedfeedback to the bar, particularly regardingthe UTC changes

• Looked at options regarding expanding itsweb presence.

Respectfully submitted: Carolyn G. Wade, (CH),Peter McKittrick (CH-Elect), Gary U. Scharff,(Past CH), Thomas W. Stilley, (TR), StephenT. Tweet (SEC), Frank R. Alley, Ronald C.Becker, Susan T. Egnor, David A. Foraker,Russell D. Garrett, Christopher D. Hatfield,Richard J. Parker, Teresa H. Pearson, ThomasM. Renn, Todd Trierweiler, Mark B. Comstock,(BC), George A. Riemer, (BL).

Disability Law Section

The Disability Law Section meets monthly. Thesection has several standing subcommittees, eachof which was instrumental in advancing the causesof disability law attorneys in Oregon in 2004,specifically:

PublicationsCLE CommitteePublic PolicyDisability Survey, Judicial Systems

In February 2004, the section sponsored a CLEpresented by outgoing Executive Committee mem-ber, Dennis Steinman. The program included a dis-cussion of deaf culture and a disability law summa-ry with updates on the responsibilities and obliga-tions attorneys have in providing reasonableaccommodations to deaf clients.

The section has determined to issue a finalnewsletter via broadcast e-mail and switch to aweb site-based newsletter. This site will have thecapacity to be updated more rapidly and to beaccessed readily by any section member. A printversion will be provided upon request.

The Public Policy subcommittee encouraged,via a letter of comment to the Court, that theFederal Court in Eugene be made physically acces-sible. The subcommittee is also drafting commentsto the Bureau of Labor and Industries - CivilRights Division upon the proposed OregonAdministrative Rules implementing 2003 statestatutes prohibiting discrimination against disabledpersons by state government.

For 2004, the section renewed its commitmentto the Campaign for Equal Justice with a financialcontribution.

Work continues upon the development of a sur-vey instrument to measure the accessibility of statecourthouses, along with the planning necessary tohave the survey conducted.

The section experienced a mid-year change ofChairperson, as Elizabeth A. Stevenson took a new

30


employment opportunity which requires extensiveout-of-state travel.

Respectfully submitted: Theodore E. Wenk,(CH), Alice M. Plymell (TR), Barbara A.Brainard, Suzy Harris, Robert C. Joondeph,Margaret J. Nightingale, Dennis Steinman,Heidi von Ravensberg, Linda Ziskin, , John A.Enbom (BC), Rod Wegener (BL).

Diversity Section

This section has 116 members. The activitiesof its section during year 2004 included the following:

Executive Committee Meetings

The executive committee met six times duringthe 2004 calendar year at the offices of BullivantHouser Bailey in downtown Portland. The sec-tion's annual meeting was also held at theBullivant offices on November 1st.

Best Practices Committee (Todd Hanchet, Chair)

The Best Practices Committee continued itshard work toward helping firms implement the"Best Practices" identified at the Convocation onEquality. The BPC has created a process designedto explore various "Best Practices" by individuallaw firms. This process consists of three meetings,or facilitations, with the particular firm duringwhich the firm's diversity efforts, commitments,and goals are discussed. The BPC has receivedinterest from several other firms who wish to par-ticipate in the facilitation sessions and the BPCwill undertake those as soon as possible.

Education Committee (Alice Bartelt, Chair)

The Education Committee of the DiversitySection of the Oregon State Bar has the responsi-bility for educating the Diversity Section members

specifically, and the Oregon State Bar membershipgenerally, on the laws, policies and practices withrespect to the virtues of diversity in the legal pro-fession. To that end, the committee has been gath-ering information about potential speakers andprograms. The committee held a CLE on February19, 2004 in Portland. It focused upon the opportu-nities and the challenges of working with variousethnic groups.

The committee sponsored two CLEs at the OSBAnnual Convention. The events included repre-sentatives from Nike, Microsoft, and Kaiser whospoke about diversity in corporate America, andrepresentatives from the University of Oregon,Willamette University, and Reed College whospoke about their perspectives on Brown v. Boardof Education.

Networking/Career Development Committee (DianeSchwartz, Chair)

The committee organized twonetworking/career development events at theCharles White Gallery, in Downtown Portland, inspring 2004. The events provided minority attor-neys with an opportunity to meet and develop rela-tionships with businesses and professional associa-tions in attendance.

Respectfully submitted: Jeanne F. Loftis (CH),Sidney A. Galton (CH-Elect), David R. Simon(TR), Janna Beth Kim (SEC), Richard D.Baldwin, Mary Crawford, Robert C. Joondeph,Liane I. Richardson, Deanna L. Wray, Stella K.Manabe (ADV), Marva Fabien (BC), DonnaM. Gigoux (BL).

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Elder Law Section

Since its founding in 1997, membership in theElder Law Section of the Oregon State Bar contin-ues to grow. There were more than 500 sectionmembers in 2004, our largest membership yet.

2004 Section Subcommittee Activities

1. Continuing Legal Education. The section'sannual CLE program was held at the OregonConvention Center on October 8, 2004. Theprogram entitled "Elder Law Connections"was highly rated by registrants. The total reg-istration was 230 attorneys. Of that, 170 reg-istered for the Portland seminar and 50 regis-tered for the video replays. In keeping with atwo year alternating cycle, the program wasgeared toward experienced elder law practi-tioners with sessions ranging from the newethics code to elder "abuse-proofing" to taxand real property issues.

In May, the section held its second Un-CLEin Eugene. Based upon a format taken fromthe National Academy of Elder LawAttorneys, the Un-CLE provides a relaxedand unstructured shared discussion format ofcurrent substantive and practice topics.Reviews of the program were very positive,with participants urging repetition of the for-mat for the substantive and networking ben-efits.

2. Newsletter. The Newsletter Subcommittee,under the leadership of Penny Davis and edi-tor Carole Barkley, produced four qualityissues informing section members of impor-tant developments and practice tips.

3. Agency and Professional Relations. In theface of significant state budget cuts, theA&PR subcommittee worked hard to advo-cate for continued funding and services formedical and long-term care for seniors andthe disabled. Subcommittee members spent

numerous hours in meetings with State offi-cials and grass roots advocates.

4. Computer and Technology. The E.L sec-tion's list serve has become one of the mostsignificant resources for elder law attorneysaround the state. Multiple topics are postedand discussed daily. The section's web sitealso continues to grow and provide impor-tant information to section members.

5. Probono. The subcommittee has workedhard to improve access to legal services forthe low-income elderly and disabled aroundthe state.

6. Training video for guardians and conserva-tors. A video is being developed by a panelincluding section members, professional fidu-ciaries, respondent advocates, courts andcourt staffs to educate professional as well aslay fiduciaries.

2005 Section Activities

Oregon's revenue shortfall will continue to playa major role in section activities for 2005. The leg-islative and APR subcommittees will continuetheir advocacy against further cuts to Medicaid andother critical programs for seniors and the disabledin the upcoming legislative session.

The section's annual CLE is scheduled forOctober 7, 2005. Also, by popular demand, theUn-CLE will likely return in the May of 2005.

Respectfully submitted: Wesley D. Fitzwater(CH), Mark M. Williams, (CH-Elect), S. JanePatterson (TR), Ruth Simonis (SEC), Dady K.Blake, Allyn E. Brown, Susan Ford Burns,Claudia M. Burton, Cinda M. Conroyd,Kristianne M. Cox, Penny L. Davis, SamFriedenberg, Steven A. Heinrich, Leslie Kay,Alexis Packer, Sylvia Sycamore, Ronald L.Bryant (BC), David W. Nebel (BL).

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Energy, Telecommunications &Utility Law Section

2004 Activities

2004 was an active year for the Energy, Telecomand Utility Law Section ("ETU"). ETU held atwo-day CLE and retreat at Bonneville HotSprings Resort in July, which consisted of a tour ofthe Bonneville Dam as well as a variety of CLEpanels on energy, telecommunications and utilityissues. The CLE was well attended by both sectionand non-section members. Other ETU eventsincluded participation in numerous audio telecon-ferences and a field trip to the Bonneville PowerAdministration transmission control center.Together, these events provided 17 credits.

ETU also updated the functionality of its website, allowing for automatic news updates on utilityissues in the Pacific Northwest and providing adatabase of utility law cases.

The Energy, Telecom & Utility Law Sectionheld its annual meeting in November 2004 andelected a slate of officers. This event included asocial hour with a jazz band and hors d'oeuvresprovided by Red Star.

Activities Planned for 2005

Future plans for the upcoming year include:

• Revising and updating section's web site toprovide a search engine for state and federalutility law statutes;

• Coordinating additional CLE events focusingon current events in the energy and telecom-munications industries; and

• Coordinating a young lawyers' social event

Legislative Activities

ETU is considering sponsoring or supportinglegislation that would place appeals of OregonPublic Utility Commission orders in the court ofappeals rather than the state circuit court.

Respectfully submitted, Jonathan M. Norling(CH), Edward A. Finklea (CH-Elect), CarsonD. Bowler (Past CH), Jason W. Jones (TR),Susan Ackerman (SEC), J. Jeffrey Dudley,Melinda J. Davison, Ann L. Fisher, Paul J.Kaufman, Kathryn A. Logan, John P. Nusbaum,Lawrence H. Reichman, Christina M. Smith,John A. Enbom (BC), Cheryl L. McCord (BL).

Environmental & Natural ResourcesSection

2004 Activities

The section oversaw the implementation of anewly reformatted newsletter as new volunteerscame on board, and the newly hired editor/coordi-nator began working in his role as case note editor.The section published three hard copy editionsthrough October 2004, with a fourth editionexpected out by the end of December. In addition,the section published two editions of its E-Outlooknewsletter, providing the members with timelyinformation on developing issues. Additionally, thesection made the decision to switch from theOSB's standard 30% post-consumer fiber paper to100% post-consumer fiber paper beginning withthe October 2004 issue. The Executive Committeeresolved to encourage other sections and the OSBitself to do the same wherever feasible.

The section sponsored two CLEs at its annualmeeting in October: "Spotting and ResolvingEnvironmental Issues in Real PropertyTransactions" and "An Update on the Hatchery vs.Wild Fish Controversy." Additionally, the sectionsponsored a lunchtime brown bag CLE on citizensuits in July.

The section also continued its marketing andsales efforts for the ENVIRONMENTAL ANDNATURAL RESOURCES LAW desk book, pub-lished in 2002. The Executive Committee alsobegan its effort to revise and update the desk bookfor 2005.

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The section continued working with OSB staffto update and develop the web site, and renewedits effort to maintain the site as a source of rele-vant information to environmental and naturalresources law practitioners.

The section launched a strategic planningeffort, forming a committee to oversee the process.As an initial step, the section worked with theOSB to conduct a comprehensive membership sur-vey over the internet at no cost to the section.The information gathered will be used to guide thesection's strategic planning effort.

As of 10/31/04 the section had an end-of-periodfund balance of $7,710.00, down from $9,004.00 atthe beginning of the year. This is by design, as theExecutive Committee chose to spend down someof the section's reserve fund in its budgetingprocess for 2004. Depending on how the finalOutlook edition expenses are booked, the sectionshould finish the year very close to the projectedend-of-year position.

The section held its annual meeting on October14th. At that time, the Chair presented a summaryof the year's accomplishments and a preview ofactivities for 2005. The membership then held itsannual elections with the following resultsapproved by unanimous result:

The officers for 2005:

Chair: Kristen Tsehai BonannoChair Elect: Donald H. PyleTreasurer: Renee MoulunSecretary: William SherlockImmediate Past Chair: Steven L. Shropshire

The following people were elected as Membersat Large for a two-year term:

Leslie A. Carlough December, 2006J. D. Williams December, 2006Jas Adams December, 2006Kenneth Dobson December, 2006

In addition, Anita Winkler, who was a mid-term appointment, was elected to serve throughDecember, 2005.

The section will hold its annual membershipsocial event on December 15th at Lane PowellSpears Lubersky LLP.

Anticipated Activities for the Upcoming Year.

The section will continue to refine and improveits revised newsletter format in 2005, including theaddition of a section reporting on pending appeals.

The section will complete its strategic planningprocess and adopt a 5-year plan.

The section will continue working with special-ists to further develop the web site to make it amore functional tool for the membership.

The section will continue to organize CLEs,including a joint CLE with the AdministrativeLaw Section.

Proposed Legislation

The section is not proposing any legislation.

Respectfully submitted: Steven L. Shropshire(CH), Kristen Tsehai Bonanno, (CH-Elect),Bart A. Brush, (Past CH), Donald H. Pyle(TR), Renee Moulun (SEC), David Ashton,Leslie A. Carlough, Danna C. Fogarty, DianeHenkels, Peggy Hennessy, Marjorie C. Lifsey,Douglas W. MacDougal, Alia S. Miles, WilliamSherlock, Anita MA Winkler, John A. Enbom(BC), Scott A. Morrill (BL).

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Estate Planning and AdministrationSection

The Estate Planning and AdministrationSection is one of the largest sections of the OregonState Bar. It focuses on helping attorneys engagedin the practice of estate planning, including dis-ability and tax planning, planning for minors, andthe administration of probate estates and trusts.The assistance is rendered through timely articlespublished four times a year in the section'snewsletter, committees that review and attempt tomake improvements in the law in our area of prac-tice, continuing legal education programs and,shortly, internet sharing of information in ourpractice area through a list serve. A brief review ofsome of the work performed by section sub-com-mittee's follows:

CLE Programs

Over the past year, two continuing legal educa-tion programs were developed and co-sponsoredwith the OSB.

July 24, 2004 - Estate Planning for Non-Traditional Couples

November 19, 2004 - Planning the TaxableEstate

Legislative Work

a) UTC. (LC 459) The proposed Uniform TrustCode legislation would help to create a bodyof law for trusts and trust administration thatwould give practitioners some much neededguidance and guidelines and, to some extent,harmonize will and trust law. The committeereviewed this proposed legislation and sever-al committee members took an active role inits drafting. The committee determined tosponsor the legislation.

b) Revocation on Divorce. The committeereviewed and determined not to object tothis proposed legislation, which will be spon-sored by the Family Law Section, but will

not be taking a position on the bill, whichhas limited application. The committeeapproved re-submitting previously sponsoredlegislation on this subject in the 2007 ses-sion.

c) Power of Attorney. The section followed thestatus of the new power of attorney legisla-tion and was informed that the proposed leg-islation will be presented by the JudiciaryCommittee, rather than as a section bill.

d) Oregon Inheritance Tax. The section active-ly studied the effects of the new inheritancetax law and considered clarifications.However, the Tax Section will sponsor newlegislation.

e) Transition of Conservatorship to ProbateLegislation. The Elder Law Section and theEstate Planning and Administrative Sectionare participating in a study group to reviewthis legislation proposed by Warren Deras onbehalf of the Division of State Lands.

f) Amendment to the Trustee Powers Act. (LC460) The committee studied an amendmentto the Trustee Powers Act that would add aprovision allowing a trustee to split a singletrust into two separate trusts under certainconditions.

g) Uniform Transfers to Minors. (LC 461) Thecommittee studied an amendment thatwould make recently enacted law uniformwith other law regarding the delayed transferof property to a minor.

h) In summary, for the 2005 legislative sessionthe section plans on sponsoring three bills:(1) Uniform Trust Code; (2) UniformTransfers to Minors changes; and, (3) anamendment to the Trustee's Powers Act.

Newsletter Articles

Several articles were considered for the newslet-ter, including articles on prudent investing forcharitable organizations, the revised UMIFA provi-

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sions, and planning for timberlands under section2057 of the Oregon inheritance tax. Topics forfuture articles discussed include a legislativeupdate, creditor claims against non-profit organiza-tions, a sample letter regarding the responsibilitiesand duties of trustees with regards to a trustee'sinvestment responsibilities, an update on plans forthe section's web site, and an article on the recentOregon appellate case, Caba v. Barker.

Respectfully submitted: Richard A. Pagnano(CH), Christopher P. Cline (CH-Elect),Bernard F. Vail (Past CH), James R. Cartwright(TR), Timothy J. Wachter (SEC), Karen C.Allan, William D. Brewer, Shannon M.Connelly, Susan N. Gary, Jonathan A. Levy,Donna R. Meyer, David E. Paulson, Michael R.Sandoval, Kenneth Sherman, Anne M.Thompson, Eric H. Vetterlein, Theresa M.Wade, Ron D. Bailey (ADV), Jeffrey M.Cheyne (ADV), Penny H. Serrurier (ADV),Ronald L. Bryant (BC), Jill R. Mallery (BL).

Family Law Section

The Family Law Section has continued to refinethe new format for its annual seminar. The numberof registrants continues to grow. During the 2004conference in Salishan, we had approximately 380registrants. The Conference Committee hasworked to reduce extraneous costs, which will mostlikely produce a surplus.

The Executive Committee will begin activelyworking on legislation affecting the domestic rela-tions practice. 2005 is a legislative year and muchof the Executive Committee's attention will bedevoted to legislative issues during the spring of2005. The Executive Committee will continue toperfect the annual conference and news letter. Theweb site continues to develop and we have recent-ly initiated the Family Law Forum to allow sectionmembers to post questions to other interestedattorneys. The committee will continue to meetevery other month. We have one in-person meet-ing during the summer months and the second in-

person meeting during our fall Family LawConference.

Beginning January 1, 2005, Ron Johnston ofPortland will be chair.

Respectfully submitted, Tammy M. Dentinger(CH), Ronald Allen Johnston (CH-Elect),Jacqueline L. Koch (Past CH), Jeffrey F.Renshaw (TR), Mary Lois Wagner (SEC),Kimberly S. Brown, Gweneth Burgess-Thompson, John H. Case, Gordon L. Dick,William Francis, David G. Gannett, Lynn F.Jarvis, Edward B. Meece, Steven N. Thomas,Albert A. Menashe (BC), Susan Evans Grabe(BL).

Government Law Section

2004 was a banner year for the GovernmentLaw Section. Although membership decreasedslightly, the section put on two highly successfulCLE programs, and the Executive Committeeextended its outreach efforts by meeting inAshland in October, followed by a small receptionhonoring several recent retirements from govern-ment employment by section lawyers. TheExecutive Committee improved its accessibility tothe members by seeking input on section donationpolicies, and by instituting the acclaimed "e-alert"e-mail communication system to alert sectionmembers to important recent developments ongovernment law issues.

On February 27, 2004, the section sponsored itsannual mid-year CLE. The program was presentedat the Inn at Spanish Head in Lincoln City andcontained a variety of topics. Mandatory ChildAbuse credits for understanding meth labs, thenuts and bolts of administrative warrants, somenational and local perspectives on an importanttakings case, an update on the PERS litigation, anda preview of the proposed disciplinary rule changeswere all presented in an interesting and informa-tive manner by experts on each issue. We werehonored to have the Hon. Anna J. Brown speak at

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our luncheon, to tell us what not to do in hercourt! The section is currently developing the pro-gram for the 2005 mid-year CLE, which will beheld as always in Lincoln City on February 25,2005, on the Friday of the Newport Seafood andWine Festival.

On November 5, 2004, the section presented asecond CLE in a joint venture with the OregonState Bar, focusing on how government lawyersadvise their clients on matters of constitutionalimport, and Tribal Sovereignty issues governmentlawyers may well run into. The speakers on thefirst topic were extremely candid and courageous,since some were involved in what turned out to becontroversial advice that prompted many head-lines. Tribal Sovereignty was explained by twolawyers, one a guest from Washington State, whohave a deep knowledge of the issue. The sectionpurchased three videos of the conference for thosewho had a conflict with the League of OregonCities meeting.

Both CLE programs were a success, with manygovernment lawyers in attendance.

The section made contributions of $2000 to theCampaign for Equal Justice, and set aside $1000 tosupport the upcoming 2006 InternationalMunicipal Lawyers Association (IMLA)Conference to be held in Portland.

Respectfully submitted, John R. Osburn (CH),Stephanie A. Smythe (CH-Elect), N. RobertShields (Past CH), Danny R. Olsen (TR),Terrence D. Mahr (SEC), Wayne Belmont,James M. Coleman , Christopher A. Gilmore,Walter R. Gowell, Linda J. Kessel, Steven E.Rich, Ruth M. Spetter, Lisa M. Umscheid,Phyllis J. Edmundson (BC), Denise Cline (BL).

Health Law Section

Executive Committee 2004:

Chair: Lorey H. FreemanChair Elect: Matthew WernerPast Chair: Margaret MaguireTreasurer: Gary HarrellSecretary: Gwen DaytonAt Large: Mark Bonano, Dana Scheele,

Charles Sinsel, CampbellGroner, Kurt Hansen

Executive Committee 2005 as approved at the AnnualBusiness Meeting, October 14, 2004:

Chair: Matthew WernerChair Elect: Gary HarrellPast Chair: Lorey H. FreemanTreasurer: Charles SinselSecretary: Dana ScheeleAt Large: Margaret Maguire, Gwen

Dayton, Mark Bonanno, KurtHansen, Amanda Guldager,Nicola Pinson and JennyKaufmann

Executive Committee

The Executive Committee met six times duringthe year at the offices of the Oregon State Bar.

Subcommittees

• The newsletter committee, chaired byAmanda Guldager, produced three outstand-ing newsletters.

• Volume V of the Health Law CLE. "Liabilityfor Health Care" is in development withhope of publication in 2005. ConnieMcKelvey and Steve Hendricks are the edi-tors for the volume.

• Four legislative proposals were pre-sessionfiled by the Judiciary Committee at the OSB

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annual meeting. Gwen Dayton chairs theLegislative Committee. The section spon-sored two CLEs. The first, held in conjunc-tion with the OSB Annual Meeting entitled"Health Information and Privacy Update."The second, held in November was a paneldiscussion entitled "Health Care Fraud andAbuse Investigations: Tips from theEnforcement Agencies." Charles Sinselchaired the CLE subcommittee.

• Mark Bonanno chair and web site "commit-tee of one" continued to improve the sectionweb site with helpful information and links.

Annual Business Meeting

The annual meeting was held on October 14,2004 at the Oregon Convention Center in con-junction with the Annual Meeting of the OregonState Bar. The treasurer's report was received andnew officers and at-large members elected.

Budget

The section expects to close the year with acarry-over balance.

Proposals for Next Year

The section intends to continue publication ofnewsletters.

In 2005, the Executive Committee plans tofocus its efforts on improving the web site withsome help from technicians at the OSB.

During the 2005 legislative session theLegislative Committee expects to move forward onits legislative proposals as well as bills whichimpact the substantive law or practice.

Respectfully submitted: Lorey H. Freeman (CH),Matthew M. Werner (CH-Elect), Margaret M.Maguire (Past CH), Gary P. Harrell (TR),Gwen M. Dayton (SEC), Mark A. Bonanno, P.Campbell Groner, Kurt F. Hansen, DanaShenker Scheele, Charles A. Sinsel, John A.Enbom (BC), Jonathan P. Benson (BL).

Indian Law Section

A subcommittee was established to explorewhether it is advantageous to have an Indian Lawquestion on the Oregon bar exam, and if so, howto get it on the exam. The committee consisted ofChris Burford, Ed Goodman, Howie Arnett, DavidBrown and Lee Shannon. The subcommittee, andthe Executive Committee, looked at issuesinvolved. The consensus was in favor of includingIndian Law on the bar exam. An e-mail was sentto the section membership with pro and con state-ments attached. The issue will continue to beaddressed in 2005.

Very few expenditures on several of the largerline items were made, so fairly little of the budgetwas spent. Harold Shepherd's Center for TribalAdvocacy returned the Indian Law section's $500donation to help them fund their September CLE.They did well enough on ticket sales that theywere able to refund the contribution.

The First Annual Northwest Tribal WaterRights Conference, co-sponsored by the Center forTribal Water Advocacy, the University of Oregonand the Oregon State Bar took place October 1-2,2004, in Eugene.

An OSB inquiry regarding CLE publicationsonline was presented. The OSB is considering put-ting electronic versions of all the CLE referencebooks on the OSB web site, linked to Casemaker.All active OSB members would have instant accessto all published CLE references. There would beno charge to active members for access to thesematerials. The annual membership would, howev-er, be increased by $70. It was noted that a down-side would be that the already high membershipfees would go higher. The bar asked for a responseto this proposal. Several members spoke in favor ofit, no one spoke in opposition.

The Indian Law Section Annual Meeting andCLE was held at the World Forestry Center onDecember 3. Nominations for the 2005 ExecutiveCommittee were made. The following were elect-ed: Deneen Aubertin Keller, (CH), Christopher

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Burford (CH-Elect), Melissa Robertson, (SEC),John Schultz, (TR), Lee Ann Easton, (Past-CH),Starla Roels, Brett Kenney. Members whose termsend 12/31/05 will continue on the committee.

Respectfully submitted: Lea Ann Easton, (CH),Deneen Aubertin Keller, (CH-Elect) Jennifer KDeWald, (Past CH), John M. Schultz (TR),Christopher L. Burford, (SEC), Howard G.Arnett, David G. Brown, Donald O. Costello,Kimberly D'Aquila, Edmund C. Goodman,Shayleen T. Idrogo, Douglas C. MacCourt,Melissa M. Robertson, Kevin L. Shannon,Cynthia J. Starke, James D. Williams, MarvaFabien, (BC, Jami Curl, (BL).

Intellectual Property Section

CLE's and Conferences

• Sponsored four lunchtime interactive paneldiscussions on IP topics.

Trade Secret Litigation

Attorney-Client Privilege for Patent Advice

The Law According to Barbie

European Patent Office

• Hosted a luncheon CLE at Section AnnualMeeting on the Business implications ofOpen Source Software.

• Co-sponsored with WSBA IP Section the2nd Annual Pacific NW Arts Symposium,covering Legal and Business Issues of theArts and Entertainment Industries.

Community Involvement

• Provided financial support to several teamsof law students from University of Oregonand Lewis & Clark for their participation inGiles Rich Patent Law and Saul LefkowitzTrademark Moot Court competitions as wellas organizing & judging practice rounds forthe L&C team.

• Co-sponsored writing contest with Lewis &Clark Intellectual Property StudentOrganization (IPSO) for Oregon law schoolstudents, with winners to be published in theIP Newsletter.

• IPA social event at Lewis & Clark forlawyers and law students.

• Career panel and social event at Willamette.

• Recruited new Executive Committee mem-ber from Eugene.

Publications

• Collaborated with IPSO to publish theSpring 2004 and Fall 2004 OregonIntellectual Property Newsletters which weredistributed to section members.

Anticipated Activities for 2005

• Repeat events at Lewis & Clark andWillamette.

• Hold event for UO law students, either inPortland or Eugene.

• Publish Spring 2005 and Fall 2005 OregonIntellectual Property newsletters.

• Facilitate student participation in the GilesRich and Saul Lefkowitz Patent andTrademark Moot Court competitions.

• Sponsor quarterly luncheon CLEs and co-sponsor one or more other CLEs.

• Continue developing section web site.

Respectfully submitted, Paula Holm Jensen (CH),Craig Rogers (CH-Elect), Alan P. Polaski (PastCH), Anne W. Glazer (TR), Wayne W. Rupert(SEC), John R. Dawson, Carol A. Busby, KarenWetherell Davis, Thomas L. Evans, Paul L.Havel, Michael Heilbronner, Daniel P. Larsen,Chrisopher J. Lewis, B. Anna McCoy, Joseph S.Miller, Ambyr M. O'Donnell, Gregory A.Zafiris, Bette L. Worcester (BC), Mark Salveit(BL).

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International Law Section

The section continued its focus on its continuedenhancement and participation at regular ILS-sponsored CLE events, development of its web siteand the continued exploration and implementa-tion of ways to utilize section resources to bestserve its members.

The section focused on the following areas:

1. CLEs: The Executive Committee held sevenCLEs during the year for its members.Average attendance was approximately 25attendees.

2. A networking event was held in Octoberwith two other sections. The feedback fromthe event was positive, in the future a similarevent will be held but with more notice topartner sections' executive committees.

3. A Website Subcommittee was established tomaximize the benefit of the section web sitefor ILS members. The subcommittee hired aweb site administer to keep contact informa-tion, calendar notices and electronicnewsletter articles up to date.

4. An Articles and Linking Subcommittee wasestablished. This subcommittee collectedlinks for posting on the section's web site forthe benefit of the membership. In addition,the Executive Committee approved a newrequirement that each Executive Committeemember publish an article for posting on theweb site each year.

Respectfully submitted, Ambyr M. O'Donnell(CH), Shannon K. Waage (CH-Elect),Christopher R. Ambrose (Past CH), Lew E.Delo (TR), Bradley C. Lechman-Su (SEC),Jacob J. Carroll, William L. Clydesdale, MarcyEdwards, Gregory W. Engrav, Patchen M.Haggerty, Akana K. J. Ma, Turid L. Owren,Steven C. Smith, Natella V. Svistunova, PhyllisJ. Edmundson (BC), Peggy Miller (BL).

Juvenile Law Section

The purpose of this report is to outline theactivities of the Juvenile Law Section of theOregon State Bar during the year 2004, and to fur-ther state the goals and objectives of the sectionfor the immediate future.

The goal of the section continues to primarilybe service to the members of the section througheducation and providing information. Towards thisend, one of the most active subcommittees of thesection has been the Continuing Legal EducationSub-committee and the Web Site Subcommittee.The section's annual CLE was held on April 16,2004 and was very well received. In addition, thesection offered members an opportunity to attend areception featuring an informal talk by nationallyrenowned children's rights lawyer, Marcia Lowryfrom New York.

The section also continued work on its web sitethis year under the editorship of Emily Cohen. Theweb site's goal is to provide the Juvenile LawSection membership with useful information andlinks for their practice. An objective is also to pro-vide information on the web site that was tradi-tionally found in the section's newsletter.

Angela Sherbo headed the Legislative Sub-com-mittee this year. This sub-committee monitoredlegislation which would impact practitioners in thejuvenile law area.

Several Executive Committee members also saton other committees impacting the practice ofjuvenile law in Oregon. These included theOregon State Bar Juvenile Law PerformanceStandards Revision Task Force and the JuvenileLaw Academy committee responsible for develop-ing the curriculum for the implementation of astate wide training program for juvenile law practi-tioners. Executive Committee members also sat ona work group for legislation addressing the role andappointment of Guardians Ad Litem in JuvenileCourt.

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Other activities included:

1) Determining how the section should spendrevenue.

2) Continuing the section's liaison with theCriminal Law, Family Law and Indian LawSections.

3) Planning a March 2004 CLE which willaddress juvenile sex offender issues as well asscientific evidence of child abuse. The CLEwill also include a child abuse reporting CLEcredit.

4) Determining how best to ensure that theExecutive Committee provides outreach topractitioners beyond the Tri-County area.

5) Sending Executive Committee members tonational conferences in our area of practiceand to bring information back to the com-mittee. This year the section paid for EmilyCohen and Doug Killian to attend confer-ences related to juvenile law.

6) Clarifying the PLF coverage for attorneysappointed as Guardians Ad Litem in juvenilecourt by contacting Ira Zarov from the PLFand obtaining a letter describing coverage.

7) Providing input to the Juvenile Law CLEPublications Committee on topics to be cov-ered in the CLE to be published in 2005.

8) Obtaining information from the Oregon TrialLawyers Association regarding referral andassignment of guardians ad litem for childrenin potential civil lawsuits involving theDepartment of Human Services and/or theOregon Youth Authority.

Respectfully submitted, Lissa K. Kaufman (CH),Douglas P. Killian (CH-Elect), Kathryn W.Underhill (Past CH), Kristy K. Barrett (TR),Emily S. Cohen (SEC), Janie M. Burcart,Kristine M. Kaufman, Karen R. McClintock,Dawn M. McIntosh, James A. Palmer, RahelaK. Rehman, Angela Sherbo, Ingrid Swenson,Katherine E. Tennyson, Kristen E. Thompson,

Robin J. Wright, Victoria S. Baum (ADV),Jonathan P. Hill (BC), Helen M. Hierschbiel(BL).

Labor and Employment Section

The Labor and Employment Section maintainsa membership of 750 as of the October 2004monthly financial report, which is slightly lowerthan the prior year's membership.

The section held five "brown bag" sessions,three in Portland and two in Eugene. The Portlandsessions were held in March, April and May andfeatured administrators from state agencies:Christine Hammond, who is the Administrator forthe Wage and Hour Division of the Bureau ofLabor and Industries (BOLI); Amy Klare, theadministrator of BOLI's Civil Rights Division; andPeter DeLuca, administrator for the Oregon Safetyand Health Division. The first Eugene program washeld in June and featured Renee Bryant, the taxmanager for the State Employment Department. Asecond Eugene program was held in Novemberwith Annette Talbot of BOLI, discussing changesto the overtime exemptions.

On October 21, 2004, the section held its annu-al meeting and CLE program in Portland at theDoubletree Hotel Lloyd Center. Speakers and top-ics covered were as follows:

• Obtaining Public Records for EmploymentCases—Nancy J. Hungerford, TheHungerford Law Firm, Oregon City

• Discovery and Evidence: Obtaining andUsing Critical Information—Martha LeeWalters, Walters Chanti & Zennache PC,Eugene, and Corbett Gordon, Fisher &Phillips LLP, Portland

• Documenting Discipline: Tips & Traps—Cathleen Callahan, National LaborRelations Board, Portland

• Employment Law Update—Richard F.Liebman, Barran Liebman LLP, Portland

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• Forecast for 2005 Legislative Session—TricaSmith, Oregon School EmployeesAssociation, Salem, and Lisa Trussel,Associated Oregon Industries, Salem

• The New FLSA "Fair Pay" Rules—AnnetteE. Talbott, Oregon Bureau of Labor &Industries, Portland

• Damages: Experts and Calculations—EricFruits, Ph.D., ECONorthwest, Portland

• Damages: Labor Arbitration Cases—TomLevak, Arbitrator, Portland

• View from the Juror's Box: EmploymentCases—Chris Beck, Tsongas LitigationConsulting, Portland

The program was well-received with approxi-mately 175 attendees.

Nancy Brown (an arbitrator) will become sec-tion chair on January 1, 2005. Newly elected offi-cers are:

Chair Elect: Michael Tedesco (Law Offices ofMichael Tedesco)

Treasurer: Craig Armstrong (Miller NashLLP)

Secretary: Mitra Shahri (Law Office ofMitra Shahri)

New members elected to the ExecutiveCommittee are:

Michael Holland (Linn-Benton CommunityCollege)Susan Hammer (Arbitrator and Mediator)David SnyderKarin Guenther (Tonkin Torp LLP)Scott Hunt (Busse & Hunt)

Continuing as members of the ExecutiveCommittee:

Brian Hungerford (The Hungerford Law Firm)Adam Morrison (National Labor RelationsBoard)Ann M. Boss (Oregon Department of Justice).

The section dues were raised starting this yearto $15 (from $10) to cover the cost of adding serv-ices to Casemaker. The section took steps to havethe decisions of the Employment Relations Boardadded, although copyright issues on pagination ofthe decisions have delayed public release of thesedecisions on Casemaker.

The section continues to support the Campaignfor Equal Justice with a $1500 donation.

Respectfully submitted: Jeffrey P. Chicoine (CH),Nancy E. Brown, (CH-Elect), Kathryn T.Whalen (Past CH), Michael J. Tedesco (TR),Craig R. Armstrong (SEC), M. Ann Boss, PaulHays, Brian Hungerford, Elizabeth A. Joffe,Howell L. Lankford, Adam D. Morrison,Christine C. Nesbit, Mitra Shari, Nena Cook(BC), Christine Kennedy (BL).

Law Practice Management Section

The Law Practice Management Section engagedin a number of activities during the course of theyear. These included:

1. As a result of feedback from the LPMS's2003 technology CLE, the section presenteda similar CLE on successfully utilizing tech-nology in the practice of law. The sessionwas presented at the OSB Annual Meetingon October 15, 2004. A panel presented thelatest options and approaches to technologyto approximately 60 attorneys and legal man-agers present.

2. The section newsletters were published.

3. The section's membership committee provid-ed section information to new bar admitteesand solidified plans to survey members'needs.

4. The section's web site committee upgradedthe web site to provide easier access to sec-tion newsletters and resource information.

5. The section continued collaborative workingrelationships with two other OSB sections:

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the Sole and Small Firm PractitionersSection and the Oregon New LawyersDivision through co-sponsorship of the OSBAnnual Meeting CLE.

6. The section continued collaborative workingrelationships with the Oregon Chapter of theAssociation of Legal Administrators throughco-sponsoring the annual Partner Dinner onOctober 28, 2004. The keynote speaker fromHildebrandt International spoke on the topic"What Keeps Managing Partners Awake atNight".

Respectfully submitted: Fern Puls (CH), M. DavidDaniel (CH-Elect), John A. Cummens (PastCH), Craig K. Edwards (TR), Carol Decker(SEC), Evan P. Boone, Dawna Brophy, David L.Carlson, Maureen A. DeFrank , Daniel A. Hill,Dawnne L. Linenbrink, Fred C. Nachtigal,David P. O'Brien, Dennis M. Odman, Darla L.Pierce, Jay Richardson, Kathi Rutten, Mary P.Sauer (EO), Albert A. Menashe (BC), CarolWilson (PL), Margaret Robinson (BL).

Litigation Section

The Litigation Section remains the largest sec-tion of the Oregon State Bar. It is comprised ofattorneys practicing in diverse areas of litigationranging from civil to criminal, plaintiff to defense,personal injury to commercial, consumer to busi-ness, and real estate to family litigation. Generalactivities include publication of the LitigationJournal, sponsorship of the annual LitigationInstitute and Retreat and the biennialFundamentals of Oregon Civil Trial ProcedureCLE, frequent sponsorship of speakers at otherCLE events, maintenance of a web site, and pro-motion of communication, camaraderie, and pro-fessionalism within the bench and bar. Specificactivities in the past year have included:

• Publication of three issues of the LitigationJournal;

• Sponsorship and presentation of the 11thAnnual Litigation Institute and

• Retreat at Skamania Lodge on March 5 and6, 2004 (including the award of four schol-arships);

• Planning and preparation for the 12thAnnual Litigation Institute and Retreat to beheld at Skamania Lodge on March 4 and 5,2005;

• Initial planning for the 13th AnnualLitigation Institute and Retreat in 2006;

• Administering and awarding the annualOwen M. Panner Professionalism Award;

• Planning, preparation and presentation ofthe Fundamentals of Oregon Civil TrialProcedure CLE to be presented in October2005 (a practical skills CLE);

• Providing support for an OSB CLE programon evidence topics;

• Support of pro bono support activities, suchas the Campaign for Equal Justice;

• Participation in the OSB's Casemaker™Evaluation Group;

• Appointment of a liaison to the Civil LawAdvisory Committee; and

• Creating and expanding the section's webpage.

Respectfully submitted: Karen E. Saul (CH),Richard A. Lane (CH-Elect), Theresa L.Wright (Past CH), Nancie K. Potter (TR),Marc A. Spence (SEC), John A. Berge,Raymond D. Crutchley, Susan K. Eggum, W.Eugene Hallman, Michael R. Mahony, Tracy A.Prall, Simeon D. Rapoport, Judy D. Snyder,Robert G. Thomson, Sarah R. Troutt, Dennis P.Rawlinson (BC), and Karen D. Lee (BL).

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Products Liability Section

This is a small section with about 170 members.The Executive Committee held twelve meetingsduring 2004. Meetings were held at noon on thethird Tuesday of the month in the conferencerooms on the 19th floor of the law offices ofSchwabe, Williamson and Wyatt at the PacWestCenter, 1211 SW Fifth Avenue, Portland, Oregon.Several out-of-Portland members attended byphone each month. In addition, the section heldits annual meeting and CLE on October 22, 2004at the offices of the Oregon State Bar. TheExecutive Committee used for communication thee-mail list ([email protected]) and found thismethod of communication to be very helpful.

The primary activities of the Products LiabilitySection in 2004 were:

1. Annual CLE Program

The Products Liability Section continued itstradition of presenting high-quality CLE programs,focusing on topics of particular interest to sectionmembers. The 2004 program was titled "ProductsLiability: New Legal Strategies and Trial Tactics in2004." About 47 people attended this half dayCLE held on October 22, 2004, at the OSB offices.

2. Products Liability Newsletter

In 2004 the section published three issues of theProducts Liability Newsletter. The issues had anaverage length of 16 pages, a professionallydesigned logo, and professional typesetting andprintings. All issues of the newsletters were mailedto section members, judges and referees.

3. 2005 Activities

The anticipated primary activities of theProducts Liability Section in 2004 are its annualCLE, the continued publication of sectionNewsletters, and updating and maintaining thenew Products Liability Committee web site.

Respectfully submitted, William A. Masters(CH), Charles S. Tauman (CH-Elect), AnneM. Talcott (Past CH), Meagan A. Flynn (TR),Jay W. Beattie (SEC), Lawrence Baron, Kelly L.Anderson, Molly Jo Mullen, Anne D. Foster,Bruce C. Hamlin, Timothy J. Helfrich, RickKlingbeil, Michelle K. McClure, Thomas B.Powers, Laura L. Rhodes, Edward T. Tylicki,Linda K. Eyerman (CH), Teresa Wenzel (BL).

Real Estate and Land Use Section

The Real Estate & Land Use Section is one ofthe larger sections, with a membership over 1000.The Section provides a variety of services to realestate and land use lawyers with emphasis in theareas of continuing legal education and legislation.Activities during 2004 included:

• Sponsored two continuing legal educationprograms, including the annual meeting anda CLE on the fundamentals of land use law

• Publication of a quarterly newsletter, theDigest

• Continued legislative and education subcom-mittees

• Made a significant financial contribution tothe Campaign for Equal Justice, targetingspecific real estate or land use legal needs ofthe population served

• Support of the bar on several legislativeissues with review and advocacy

• Continued work on the section web pageand list serve program

The 2004 Annual Meeting and CLE had one ofthe largest turnouts in recent history. There were205 total registrations. The conference containedstrong topics and speakers, with a good balance ofland use and real estate subjects and substantiveopportunities to network.

The Executive Committee did extensiveresearch on providing the option to distribute the

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Digest electronically. The first issue will go out inearly spring to members with an e-mail address list-ed with the bar. For those who choose to have apaper copy or do not have an e-mail address, theircopy will be mailed.

The Executive Committee approved and adopt-ed the Oregon Opinion Letter Report. The 2004Report and pro forma opinion were subject to anextensive peer comment period and were the sub-ject of a session at the section's 2004 AnnualMeeting. The report has proven useful for bothreal estate and lenders' counsel around the country,and it has proven useful for both real estate practi-tioners and nonpractitioners alike.

Respectfully submitted: E. Shannon Johnson(Ch), Wallace W. Lien (Ch Elect), Patricia L.Chapman (SEC), Karen Williams (TR), DeanN. Alterman, Greg Nelson, Liz Fancher,Christian E. Hearn, Jeffrey H. Keeney, Joan S.Kelsey, John C. Pinkstaff, Greg Nelson,Dominic Colletta, Ronald Bryant (BC), JaneGillespie (BL).

Securities Regulation Section

List of nominees for the OSB Securities RegulationSection Executive Committee

Two year terms on the Executive Committee

David Matheson, Perkins CoieCharmin Shiely, Foster Pepper ToozeRobert Muraski, Farleigh Wada & WittPaul Trinchero, Grenley Rotenberg Evans Bragg& BodiesGreg Mallory, Schwabe Williamson & Wyatt

Officers:

President: Michael Zusman, Evans & ZusmanPresident-Elect: David Post, Miller NashTreasurer: Sherrill Corbett, Tonkon TorpSecretary: Timothy DeJong, Stoll Stoll BerneLokting & Schlachter

2004 ANNUAL REPORT

The Securities Regulation Section continued tohold monthly luncheons in Portland at Fernando'sHideaway with CLE speakers of interest to themembers. A list of the monthly lunch speakers andthe dates and subjects of the presentations held todate are as follows:

January 21, 2004Bob Roach, Vice President of OTR, IncEscrow Accounts for the Issuance of NewSecurities

March 17, 2004Scott Shorr and Joe Arellano2003 Securities Legislation: The Earth Moved orDid It? Two Perspectives on the Significance andEffect of 2003 Revisions to Oregon Blue Sky Laws

April 21, 2004Rich Callahan, Audit Partner, KPMG LLPEffects of Sarbanes-Oxley on the AccountingProfession

May 19, 2004Robert Banks, Esq.Recent Developments in Securities Arbitration

June 16, 2004Jeffrey Erb, Assistant General Counsel ofPacifiCorpThe last (most costly) Hurdle to SarbanesCompliance: An Insider's View of Internal ControlNow and in the Future

July 21, 2004Representatives of the Oregon Division ofFinance and Corporate SecuritiesMeet Our Regulators

September 15, 2004Pauline Calande, SEC Asst. DistrictAdministrator for EnforcementWhat's New at the SEC?

The section co-sponsored the 24th AnnualNorthwest Securities Institute with theWashington State Bar in Seattle, Washington onFebruary 27-28, 2004. The section will hold itsannual meeting on October 19, 2004. The dinner

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will feature Professors Donald Balmer and JamesMoore speaking on political science and the 2004elections.

Along with the Business Law Section and thebar, the section also took part in forming theUniform Securities Act Task Force which ischarged with analyzing the uniform act. The sec-tion will monitor the Task Force and any otherproposed legislation affecting securities regulation.

The section has awarded three $500 scholar-ships to the top securities regulation section stu-dent at each Oregon law school. The section alsomade a donation to a memorial fund honoringRobert Alt, a corporate law professor at Willametteand long time contributor to the section and itsprograms who passed away this year, as well as acontribution to the Campaign for Equal Justice.

The section continues to have a positive finan-cial situation. The section will have a modest sur-plus for the year, with cash flow from membershipfees and annual dues sufficient to meet expensesfor luncheons, the annual meeting and other ordi-nary expenses.

For 2005, the section expects to continue themonthly luncheons and other programs. TheNWSI will be held in Portland in February, 2005.The section will continue to monitor relevant leg-islation and any other areas of interest to the mem-bers.

Respectfully submitted: Jon R. Summers (CH),Michael C. Zusman (CH-Elect), Steve D.Larson (Past CH), David G. Post (TR), SherrillA. Corbett (SEC), Richard L. Baum, Gustavo J.Cruz, Timothy S. DeJong, Joshua E. Husbands,Greg Mallory, Kimberly Anne Medford, NancieK. Potter, Kathryn P. Salyer, Jonathan P. Hill(BC), Susan Evans Grabe (BL).

Sole & Small Firm PractitionersSection

The Sole and Small Firm Practitioners Sectionrepresents the interests of attorneys in either solepractice or in firms of five or fewer attorneys, andstrives to serve their needs.

Specific activities:

1. Organized and facilitated meetings of localgroups of member attorneys meeting eitheronce a month or when a speaker and CLEtopic can be coordinated. The section is con-tinually looking for volunteers willing toorganize in other areas or to supplementexisting groups.

2. Continued to use its list serve to link sectionmembers via computer

3. Cosponsored CLE with LPMS, ONLD at theOSB Annual Meeting in Seaside. The ses-sion was on "Tips for Successfully PracticingLaw in the E-environment" and featured apanel presentation.

4. Continued to assess the structure and goalsof the section in response to member needs.

5. Developed a web site.

Respectfully submitted: Robert A. Browning(CH), Vincent A. Deguc (CH-Elect), RussellD. Bevans (Past CH), James A. von Hippel(TR), Donna G. Goldian (SEC), Michael L.Cooper, Kelly M. Doyle, W. Scott Phinney,Lauren J. Paulson (BC), Margaret Robinson(BL).

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Taxation Section

In 2004, the section focused on the followingareas:

Luncheon Series

Tax luncheons are held in both Portland andSalem for local practitioners. The Portland seriesincluded sessions from January through November.Salem had seven lunches again this year. The mail-ings for Salem were sent by e-mail this year, allow-ing the program to make a little money this year!Both lunches make a little bit of profit, but the pri-mary focus is education of members.

Legislative Issues

The Tax Section has proposed two differentstatutory changes:

• Allow nonprofit entities to hold real estatein an LLC and still qualify for property taxexemptions.

• Change the definition of a QTIP trust forinheritance tax purposes, to allow moreexisting trusts to qualify for exclusion ofinheritance taxes at the death of the firstspouse to die.

• In addition, John Draneas represented theTax Section on a Governor's Task Force todevelop a new definition of independentcontractor. The Task Force unanimouslyapproved a change, which will be presentedto the Legislature in the 2005 term.

2005 Annual Tax Institute

We are still in the planning stages of our annualtax institute to be held in May 2005. We did nothold an institute in 2004, so that we could shiftthe timing to May from the prior schedule in thefall. We hope this will draw better attendance.

Newsletter

We continued to produce a newsletter to our

members, with articles of interest to the TaxSection members. So far we have sent out twonewsletters, and our third one for the year shouldbe out shortly. We plan to do three or fournewsletters again in 2005.

Respectfully submitted: Timothy O'Rourke (CH),Karey A. Schoenfeld (CH-Elect), William S.Manne (Past CH), Marc K. Sellers (TR), C.Jeffrey Abbott (SEC), Mark L. Huglin, JoshuaE. Husbands, Charles S. Lewis, Valerie Sasaki,Barbara J. Smith, Katherine O. VanZanten,Joseph Wetzel, Albert A. Menashe (BC), KarenD. Lee (BL).

Workers’ Compensation Section

2004 Section Activities:

1. Executive Committee Meetings

Monthly section Executive Committee meet-ings were held, with the exception of June 2004due to a lack of a quorum. Minutes of each meet-ing have been submitted to the bar in accordancewith the section bylaws. The minutes were takenby Martin Alvey, Secretary, and can be accessed onthe section's web site.

2. Annual Meeting

The section's 22nd Annual Meeting was heldon May 14, 2004 at the Salishan Lodge atGleneden Beach, Oregon. The meeting is coupledwith a two-day CLE, which was held on May 14and 15. This CLE was, as usual, very well-attendedby both sides of the bar, judges and board members.The CLE was approved for 6.75 MCLE credits(including 1 ethics credit). The program includedvarious legal and medical speakers covering topicsrelevant to practitioners on both sides of the bar.

3. Bench/Bar CLE

The section also sponsored a Bench/Bar EthicsCLE on November 12, 2004. The CLE was at theWillamette Valley Vineyards in Salem, Oregon.The conference covered three hours of discussion

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regarding various topics involving ethics, includingbehavior in depositions, ethics at the Board, andethics in everyday situations. The seminar was verywell attended and was approved for 2.25 ethics and.75 general credits. This seminar, which includedlunch, was provided free of charge to members.

4. Executive Committee officers and membersfor 2005

At the 2004 Annual Meeting, the section mem-bership elected officers and executive committeemembers for 2005.

Officers for 2005: Chair: ALJ Abigail HermanChair Elect: Martin Alvey,Secretary: Linh Vu Treasurer: Matthew Roy,Past Chair: Rodger Hepburn

Committee Members: ALJ Jill RiechersJulie MastersShelley EdlingDean LedererMark ThesingMeg CarmenALJ Keith KekauohaCharles MundorffHolly SomersArt StevensDebra Ehrman

5. Executive Standing Committees:

LegislativeRulesProfessionalismRace/ethnicSalishan CLECommunicationsDaughtry Award

These committees met on an as needed basisthroughout 2004.

2005 Section Activities

1. The Executive Committee will continue withmonthly meetings held in accordance with the sec-tion bylaws.

2. The standing committees will continue tomeet on an as needed basis to function with thefollowing general goals:

Legislative: Monitor proposed and potential leg-islation, advise the committee regarding the advis-ability of proposed legislation, and review currentworkers' compensation laws to keep the committeeapprised of new developments.

Rules: Monitor proposed and potential rulesunder the Board and Department; advise the com-mittee regarding the advisability of proposed rules;and review the current rules of the board and thedepartment in consideration of suggestions for theimprovement of current rules.

Professionalism: Advance the interests of sectionmembers by sponsoring seminars and programsdealing with professionalism and ethics; considermeans by which the section can improve relationsbetween the membership and those providing serv-ices to injured workers and employers, clients andmembers of the public. The goal for 2005 is to puton either one or two Bench/Bar ethics CLEs.Given the success of the November 12, 2004 pro-gram, the plan is to put on at least one programnext year at Willamette Valley Vineyards.Matthew Roy and Sandra Haynes are being lookedto as the primary facilitators/planners for nextyears' Bench/Bar CLEs.

Race/Ethnic: Identify means by which the sec-tion can facilitate the use of the Workers'Compensation Forum by practitioners and mem-bers of the public; educate lawyers, judges andthose providing services to injured workers andemployers regarding the potential impact of cultur-al differences upon use of the Workers'Compensation System.

Salishan/CLE: Plan and coordinate the annualsection business meeting and CLE. The sectionvoted to hold the 2005 annual meeting/CLE at

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Salishan Lodge. Betsy Wosko has agreed to chairthe subcommittee and the committee is already inthe process of planning the 2005 event.

Communications: Monitor the development andproduction of the section web site, the sectionnewsletter, and continue efforts in getting relevantpractice information to all section members. Thecommittee is looking into sending out a high quali-ty section newsletter on a monthly or quarterlybasis.

Daughtry: This committee is made of the mostrecent three past chairs and meets to make recom-mendations to the full committee on the merit ofnominations for the award. This committee willbegin meeting in January 2005 to start acceptingnominations and making recommendations to thefull committee for the award, which, if given, willbe presented at Salishan 2005.

3. Proposed legislative changes: None at thistime.

4. Proposed rule changes: None at this time.

2005 Budget:

The 2005 section budget was approved by thecommittee at the November 12, 2004 meeting andthe section treasurer, Debra Ehrman, has submittedher report along with the budget directly to theBoard of Governor's Budget and FinanceCommittee for its approval.

Respectfully submitted, Rodger M. Hepburn(CH), Abigail L. Herman (CH-Elect), Philip H.Garrow (Past CH), Debra Ehrman (TR),Martin L. Alvey (SEC), Meg Carman, ShelleyK. Edling, Sandra K. Haynes, Keith B.Kekauoha, Dean J. Lederer, Charles R.Mundorff, Matthew Lansing Roy, Holly J.Somers, Arthur W. Stevens, Mark Thesing,Linh T. Vu, Linda K. Eyerman (BC), SuzanneCushing (BL).

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Documents

2004 Committee and Section Annual Reports