Functions

The House of Delegates replaced the 'town hall' meeting of members in 1996. The House consists of 1) the Board of Governors; 2) the chairperson of each state bar section; 3) the elected president of each county bar association; 4) elected delegates from each of the six in-state board regions and from the region consisting of all areas outside the State of Oregon; 5) and one public member from each in-state region, appointed by the Board of Governors.

Each region has at least 5 elected delegates. Any region in which more than 550 active members maintain their principal office has one delegate for every 100 members plus one if there are more. If there are more than 50 members unaccounted for after the allocation by 100's ORS 9.136(6).

By a vote of the majority of the delegates attending a meeting, the House of Delegates is authorized to do either of the following:

1. direct the Board of Governors as to future action;
   
   
2. modify or rescind an action or decision of the Board of Governors (subject to certain restrictions described below).

The Board of Governors is bound by decisions of the house made in the manner set forth above, pursuant to ORS 9.139(2).

The types of matters historically presented to the House of Delegates (and to the membership prior to the creation of the HOD) have included 1) disciplinary rule changes; 2) bar positions on major legislative and policy issues; and 3) member resolutions on a variety of topics.

The Board of Governors has authority under ORS 9.142(2) to set the time and place for the annual meeting of the House of Delegates and to submit to the House reports of the proceedings by the board since the last meeting of the house, reports of the officers and committees of the state bar, and recommendations of the board.

Restrictions on the Powers of the House of Delegates

The power of the House of Delegates to direct, modify, or rescind an action or decision of the Board of Governors does not include the power to 1) invalidate payments previously made at the direction of the board; 2) direct, modify or rescind any assessment by the board for contributions to the professional liability fund; or to 3) direct, modify or rescind any other action or decision by the board that is subject to control, approval, or review by the Supreme Court. ORS 9.139(3) The latter restriction does not affect the ability of the House of Delegates to develop disciplinary rules under ORS 9.490, which states that '[t]he Board of Governors, with the approval of the House of Delegates given at any regular or special meeting, shall formulate rules of professional conduct, and when such rules are adopted by the Supreme Court, shall have power to enforce the same. Such rules shall be binding upon all members of the bar.'

Vote by Mail

The House of Delegates may refer any questioin or measure to a vote of the membership by mail ballot. The Board of Governors has the same authority. Active members may request, by petition signed by 5% of all active members, that the Board of Governors submit a question to the membership by mail ballot. The board has authority to determine if the question or measure submitted by initiative petition is appropriate for a vote of the members. The Board of Governors has submitted five issues to the membership by mail vote since that process was established in the early 1980s: 1) whether to establish a minimum continuing legal education program (1987) (approved); 2) whether to establish a mandatory interest on lawyer trust accounts program (1988) (approved); 3) whether to establish a specialization program (1988) (disapproved); 4) whether the bar should place greater emphasis on unlawful practice of law enforcement (1992) (approved); and 5) whether to sponsor legislation establishing the Oregon State Bar House of Delegates (1992) (approved).

Rules For the Conduct of the Business of the House

In 1996 the House of Delegates approved rules for the conduct of its business. The rules were last amended in 1999. The rules may be amended only on a delegate's proposal, which must be submitted to the Executive Director at least 45 days in advance of the meeting at which the amendment is to be considered.

Resolutions

Any member of the House of Delegates may submit a question or measure to the House. A individual bar member may submit a resolution by a petition signed by at least 2% of all active members. The full text of the question or measure, including a description of any financial impact, and accompanied by the petition if from an individual bar member, must be delivered to the Executive Director at least 45 days in advance of the meeting at which it is to be presented.

Participation in and Voting at House of Delegates Meetings

All active members of the state bar may participate in the discussion of matters before the house but only delegates may vote. ORS 9.148(1) The House of Delegates is permitted by statute to establish rules restricting participation by members of the bar who are not delegates.

Presiding Officer; Calling Meetings; Quorum

The president of the state bar presides at all meetings of the House of Delegates (ORS 9.070(1)) and may, pursuant to ORS 9.142(1), call special meetings of the house. The president must call a special meeting of the house if 25 or more delegates make a written request for a special meeting. A majority of the total number of delegates constitutes a quorum for any regular or special meeting of the house.