Rule 3.2 - Mental Incompetency or Addiction- Involuntary Transfer to Inactive Membership Status(a) Summary Transfer to Inactive Status. (1) The Supreme Court may summarily order, upon ex parte application by the Bar, that an attorney or LP be placed on inactive membership status until reinstated by the court if the attorney or LP has been adjudged by a court of competent jurisdiction to be mentally ill or incapacitated.(2) A copy of the order shall be personally served on the attorney or LP in the same manner as provided by the Oregon Rules of Civil Procedure for service of summons and mailed to their guardian, conservator and attorney of record in any guardianship or conservatorship proceeding.(b) Petition by Bar. (1) The Bar may petition the court to determine whether an attorney or LP is disabled from continuing to practice law due to:(A) a personality disorder; or(B) mental infirmity or illness; or(C) diminished capacity; or(D) addiction to drugs, narcotics or intoxicants. The Bar's petition shall be mailed to the attorney or LP and to their guardian, conservator, and attorney of record in any guardianship or conservatorship proceeding.
(2)(A) On the filing of such a petition, the court may take or direct such action as it deems necessary or proper to determine whether an attorney or LP is disabled. Such action may include, but is not limited to, examination of such attorney or LP by qualified experts as the court shall designate.(B) A copy of an order requiring an attorney or LP to appear, for examination or otherwise, shall be mailed by the State Court Administrator to the attorney or LP and to their guardian, conservator and attorney of record in any guardianship or conservatorship proceeding and to Disciplinary Counsel.(C) In the event of a failure by the attorney or LP to appear at the appointed time and place for examination, the court may place the attorney or LP on inactive membership status until further order of the court.(D) If, upon consideration of the reports of the designated experts or otherwise, the court finds that probable cause exists that the attorney or LP is disabled under the criteria set forth in BR 3.2(b)(1) from continuing to practice law, the court may order the attorney or LP to appear before the court or its designee to show cause why the attorney or LP should not be placed by the court on inactive membership status until reinstated by the court. The State Court Administrator shall mail such a show cause order to the attorney or LP and their guardian, conservator and attorney of record in any guardianship or conservatorship proceeding and to Disciplinary Counsel.(E) After any show cause hearing as the court deems appropriate, if the court finds that the attorney or LP is disabled from continuing to practice law, the court may order the attorney or LP placed on inactive membership status. The State Court Administrator shall mail a copy of an order placing the attorney or LP on inactive membership status to the attorney or LP and their guardian, conservator, and attorney of record in any guardianship or conservatorship proceeding, and to Disciplinary Counsel.(3) Any disciplinary investigation or proceeding pending against an attorney or LP placed by the court on inactive membership status under this rule shall be suspended and held in abeyance until further order of the court.(c) Disability During Disciplinary Proceedings.(1) The court may order that an attorney or LP placed on inactive membership status until reinstated by the court if, during the course of a disciplinary investigation or disciplinary proceeding, the attorney or LP files a petition with the court, with notice to Disciplinary Counsel, alleging that they are disabled from understanding the nature of the proceeding against them, assisting and cooperating with their attorney, or from participating in their defense due to: (A) a personality disorder; or(B) mental infirmity or illness; or(C) diminished capacity; or(D) addiction to drugs, narcotics or intoxicants.(2) The court shall take or direct such action as it deems necessary or proper as provided in BR 3.2(b) to determine if the attorney or LP is disabled.(3) The State Court Administrator shall mail a copy of the court's order to Disciplinary Counsel, Bar Counsel, and the attorney or LP and their guardian, conservator, and attorney of record in any guardianship or conservatorship proceeding, and the attorney of record in the Bar's disciplinary proceeding.(4) Any disciplinary investigation or proceeding against an attorney or LP who the court places on inactive membership status under this rule shall be suspended and held in abeyance until further order by the court.(5) If the court determines that the attorney or LP is not disabled under the criteria set forth in BR 3.2(c)(1), it may take such action as it deems necessary or proper, including the issuance of an order that any disciplinary investigation or proceeding against the attorney or LP that is pending or held in abeyance be continued or resumed.(d) Appointment of Attorney. In any proceeding under this rule, the court may, on such notice as the court shall direct, appoint an attorney or attorneys to represent the attorney or LP if they are without representation.(e) Custodians. In any proceeding under this rule, the court may, on such notice as the court shall direct, appoint an attorney or attorneys to inventory the files of the attorney or LP and to take such action as seems necessary to protect the interests of their clients. Any attorney so appointed by the court shall not disclose any information contained in any file without the consent of the affected client, except as is necessary to carry out the order of the court.(f) Costs and Expenses. The court may direct that the costs and expenses associated with any proceeding under this rule be paid by the attorney or LP, or their estate, including compensation fixed by the court to be paid to any attorney or expert appointed under this rule. The court may order such hearings as it deems necessary or proper to determine the costs and expenses to be paid under this rule.(g) Waiver of Privilege. (1) Under this rule, an attorney's or LP's claim of disability in a disciplinary investigation or disciplinary proceeding, or the filing of an application for reinstatement as an active member by an attorney or LP placed on inactive membership status under this rule for disability, shall be deemed a waiver of any privilege existing between the attorney or LP and any doctor or hospital treating them during the period of the alleged disability.(2) The attorney or LP shall, in their claim of disability or in their application for reinstatement, disclose the name of every doctor or hospital by whom they have been treated during their disability or since their placement on inactive membership status and shall furnish written consent to divulge all such information and all such doctor and hospital records as the Bar or the court may request.(h) Application of Other Rules.(1) The Rules of Procedure that apply to the resolution of a formal complaint or statement of objections do not apply to transfers from active to inactive membership status under BR 3.2. The placement of an attorney or LP on inactive membership status under BR 3.2 does not preclude the Bar from filing a formal complaint against the attorney or LP. An attorney or LP placed on inactive membership status under BR 3.2 must comply with the applicable provisions of Title 8 of these rules to obtain reinstatement to active membership status.(2)(A) An attorney or LP transferred to inactive status under this rule shall not practice law after the effective date of the transfer. This rule shall not preclude the attorney or LP from providing information on the facts of a case and its status to a succeeding attorney or LP, and such information shall be provided on request.(B) An attorney or LP transferred to inactive status under this rule shall immediately take all reasonable steps to avoid foreseeable prejudice to any client and to comply with all applicable laws and disciplinary rules.(C) Notwithstanding BR 3.2(b)(3) and BR 3.2(c)(4), Disciplinary Counsel may petition the court to hold an attorney or LP transferred to inactive status under this rule in contempt for failing to comply with the provisions of BR 3.2(h)(2)(i) and (ii). The court may order the attorney or LP to appear and show cause, if any, why the attorney or LP should not be held in contempt of court and sanctioned accordingly.(i) At the direction of the court, the duties of the court set forth in this rule may be fulfilled by the Adjudicator. In such instances the duties of the State Court Administrator shall be performed by the Disciplinary Board Clerk.Rule 3.2h amended by Order dated March 13, 1989, effective 4/1/1989, corrected6/1/1989. Former Rule 3.2b1i, 3.2b1ii, 3.2b1iii, 3.2b1iv, 3.2c1i, 3.2c1ii, 3.2c1iii, 3.2c1iv, c4, 3.2h2i, 3.2h2ii, and 3.2h2iii redesignated as Rule 3.2b1A, 3.2b1B, 3.2b1C, 3.2b1D, 3.2c1A, 3.2c1B, 3.2c1C, 3.2c1D, 3.2c5, 3.2h2A, 3.2h2B, and 3.2h2C; Rule 3.2c4 added; and Rule 3.2a2, 3.2b, 3.2b1C, 3.2b2A, 3.2b2D, 3.2b2E, 3.2b3, 3.2c1, 3.2c1C, 3.2c2, 3.2c3, 3.2c5, 3.2g1, 3.2g2, 3.2h1, 3.2h2A, 3.2h2B, and 3.2h2C amended by Order dated May 3, 2017, effective 1/1/2018. Rule 3.2a2 amended and Rule 3.2h2Ci added by Order dated May 22, 2019, effective 9/1/2019. Rule 3.2(a) through (h) amended by Order dated August 17, 2022, effective 7/1/2023. Rule 3.2(a) through (h) amended by Order dated December 26, 2023, effective 1/1/2024.