Martha * Private Practice Attorney
10335 SW Hoodview Drive
Tigard Or 97224
(503) 968 1855

March 30, 2001

Senator Ryan Deckert (Democrat-004)
State Capitol
Salem, OR 97301

Representative Max Williams (Republican-009)
State Capitol
Salem, OR 97301

re: Abolishing Oregon State Bar Disciplinary; Forming of Oregon Lawyer Ethics Department

Dear Senator and Representative:

I am a resident of Tigard Oregon and I wish for you to introduce a bill which will take the authority to investigate unethical conduct and discipline lawyers away from the Oregon State Bar. This authority to regulate the members of the bar to protect citizens from unethical conduct should be vested in an independent agency.

I filed a complaint with the Oregon State Bar regarding H. Lee Cook, Esq. and Stephanie A. Wichman., Esq.

I pointed out the clear violation of the evidence code whereby they lured me into settlement negotiations and then entered my response to their trap into evidence in a summary judgment motion.

I thereafter pointed out the Evidence Code section that these bar members have violated. I also pointed out that these bar members had intentionally violated the Evidence Code by admitting that they knew that the letter I wrote was made in response to their offer to compromise.

Then I pointed out the Ethics Code section that states that a bar member may not intentionally violate the Rules of Evidence. Clearly, a very simple case of an obvious Ethics Code violation.

From this, the Disciplinary Department of the Oregon State Bar states that they have never prosecuted on such facts and refused to do so. I then appealed this inappropriate reaction to the Bar’s duties to the State Professional Responsibility Board.

The Board found "no violation of the Code of Professional Responsibility."

I fear that the system set up to discipline members of the Oregon Bar, operated by the Oregon Bar is simply inadequate to protect the rights of the citizens of the State of Oregon. I am convinced that this responsibility must be taken away from the Oregon State Bar and given to an independent agency. The model to be followed is of County District Attorney Offices. The head of the new Lawyer Ethics Department would be elected by the citizens and the investigators and attorneys in that Department would be hired and supervised by the Department head.

Sincerely,

Martha *