Rule 12.25 - BAR ADMISSION, REINSTATEMENT, AND DISCIPLINARY PROCEEDINGS(1) As used in this rule: (a) The following are parties: (i) The Oregon State Bar in a disciplinary, interlocutory suspension, contested reinstatement, or contested admission proceeding.(ii) The respondent in a disciplinary or interlocutory suspension proceeding.(iii) The applicant in a contested reinstatement or contested admission proceeding.(b) "BR" refers to the Oregon State Bar Rules of Procedure.(c) "RFA" refers to the Supreme Court of the State of Oregon - Rules for Admission of Attorneys.(2) Interlocutory Suspension Proceedings, Review of Adjudicator Order (a) A request concerning review of an order entered by the Bar's Disciplinary Board Adjudicator in an interlocutory suspension proceeding under BR 3.1 shall be filed with the Administrator, with proof of service on all parties and the Disciplinary Board, within 14 days after entry of the order.(b) The response is due within 14 days after the request is filed.(c) If the request seeks de novo review of the record of proceedings before the Adjudicator, upon receipt of service of the request, the Bar's Disciplinary Counsel shall file the record with the Administrator. The preparation, transmission, and service of the record is subject to ORAP 4.20, except that subsections (8) and (9) do not apply. Upon receipt of the record, the Administrator must send written notice to the parties. (3) Disciplinary and Contested Reinstatement Proceedings, Review of Trial Panel Opinion (a) A request concerning review of a disciplinary proceeding or a trial panel opinion in a disciplinary proceeding under BR 10.1 shall be filed with the Administrator, with proof of service on all parties, within 30 days after written notice by the Bar's Disciplinary Board Clerk of receipt of the opinion.(b) A trial panel opinion in a contested reinstatement proceeding under BR 10.3, following court referral under BR 8.9, shall be filed with the Administrator, with proof of service on all parties, upon conclusion of the hearing.(c) Upon receipt of a request filed under subparagraph (a) or a trial panel opinion filed under subparagraph (b), the Bar's Disciplinary Counsel shall file the record of the proceedings before the trial panel with the Administrator, pursuant to BR 10.4. The preparation, transmission, and service of the record is subject to ORAP 4.20, except that subsections (8) and (9) do not apply. Upon receipt of the record, the Administrator must send written notice to the parties.(4) Contested Admission Proceedings, Board of Bar Examiners Decision (a) A petition concerning review of a Board of Bar Examiners decision in a contested admission, character and fitness review proceeding under RFA 9.60(1) shall be filed with the Administrator, with proof of service on all parties, within 30 days after the date that the applicant received notice of the Board's decision, pursuant to RFA 9.55(7).(b) Within 14 days following receipt of service of a petition, the Board must file the record of proceedings before the Board, pursuant to RFA 9.60(2). The preparation, transmission, and service of the record is subject to ORAP 4.20, except that subsections (8) and (9) do not apply. Upon receipt of the record, the Administrator must send written notice to the parties.(5) Briefing and Argument (a) A brief in any proceeding described in subparagraphs (3) or (4) must conform to ORAP 5.05, ORAP 5.10, ORAP 5.35, and ORAP 9.17(5), except that no excerpt of record is required. The brief must show proof of service on all parties to the proceeding. The Bar shall be served by service on the Bar's Disciplinary Counsel.(b) In any proceeding described in subparagraphs (3) or (4): (i) An opening brief shall be due no later than 28 days after the Administrator's notice to the parties of receipt of the record.(ii) An answering brief shall be due 28 days after filing of the opening brief.(iii) A reply brief, if any, shall be due 14 days after filing of the answering brief.(c) In any proceeding described in subparagraph (3), if a respondent files a petition but then fails to file a brief within the time allowed, the Bar must either: (i) File a brief within the time allowed for filing an answering brief. The brief shall comply with the rules governing petitions and opening briefs. At the time the brief is filed, the Bar must indicate whether it wishes to waive oral argument and submit the case on the record. Or: (ii) Submit a letter stating that it wishes the matter submitted to the court on the record without briefing or oral argument. Notwithstanding waiver of briefing and oral argument under this paragraph, at the direction of the Supreme Court, the Bar shall file a petition and brief within the time directed by the court.(d) If a proceeding described in subparagraphs (3) or (4) is argued orally, the party who files the opening brief shall argue first. See ORS 9.536, and Oregon State Bar Rules of Procedure, which are found on the Oregon State Bar's website, < https://www.osbar.org >, and in Thomson/West's Oregon Rules of Court.
Amended November 15, 2018, effective 1/1/2019; amended December 17, 2018, effective 1/1/2019 through 12/31/2020; amended November 13, 2020, effective 1/1/2021.