ORS 9.490¹
Formulation of rules of professional conduct
  • prohibition on certain sanctions for violation of rule

(1) The 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.

(2) A court of this state may not order that evidence be suppressed or excluded in any criminal trial, grand jury proceeding or other criminal proceeding, or order that any criminal prosecution be dismissed, solely as a sanction or remedy for violation of a rule of professional conduct adopted by the Supreme Court. [Amended by 1995 c.302 §19; 1995 c.708 §2]

Notes of Decisions

Rules adopted under this sec­tion apply equally to attorneys who are judges. In re Piper, 271 Or 726, 534 P2d 159 (1975); In re Sisemore, 271 Or 743, 534 P2d 167 (1975)

Although an attorney is not prohibited from closing real estate transac­tions in which he has been an attorney for one of the parties, precau­tions must be taken to guard his professional responsibility, including complete written disclosure fully stating his posi­tion with respect to clients or parties to the transac­tion. In re Bauer, 283 Or 55, 581 P2d 511 (1978)

Disciplinary rules apply to both active and inactive bar members. In re Smith, 318 Or 47, 861 P2d 1013 (1993)

Atty. Gen. Opinions

Authority of Oregon State Bar to permit lawyers to advertise only in state bar publica­tions, (1977) Vol 38, p 1099

1 Legislative Counsel Committee, CHAPTER 9—Attorneys; Law Libraries, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors009.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 9, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano009.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information