3 Trial Lawyer • Winter 2024 all Oregon bar members to critique. After reviewing all comments, Council members vote on whether to deliver the final amendment proposal to the Legislature. An affirmative vote of 15 members of the Council is required to promulgate ORCP amendments. ORS 1.730(2)(a). ORCP amendments are formally reported to the Legislature at the beginning of each odd-number regular session and go into effect on January 1 following the close of that session. ORS 1.735(1). The Legislature retains the authority to amend, repeal or supplement any of the rules, Id., which it has exercised from time to time. https://counciloncourtprocedures.org/council-history/. As a practical matter, the Legislature has adopted nearly all rules amendments passed by the Council.3 A democratic forum Oregon’s method of modifying rules of civil procedure is uniquely democratic. Unlike most federal and state rule-making authority, which is vested in the highest-ranking judges,4 Oregon’s Council provides a forum for civil practitioners from all parts of the bar to speak frankly with trial and appellate judges about how the existing rules are working and impacting parties, lawyers and the courts. Proposed rule changes are carefully scrutinized by all Council members. Debate over proposed changes can become fervent, spanning many Saturday morning monthly meetings. Out of that process, “ill-advised proposals are screened out[,]” https://counciloncourtprocedures.org/about-the-council/, and proposals are adopted only if they are found to meet the objective of ORCP 1B, “to secure the just, speedy, and inexpensive determination of every action.” An important body Why should you care about the work of the Council? In past years, the Council has rejected proposals that would dramatically impact our members’ ability to seek and obtain justice for their clients. Examples include establishing expert discovery, adopting proportionality in discovery akin to Rule 26(b) of the Federal Rules of Civil Procedure and eliminating the requirement to obtain consent from all parties to add a third party defendant more than 90 days after commencing an action. Here’s where you come in. Scores of OTLA’s brightest and most dedicated members have served on the Council over the years and we owe a great debt of thanks to them for their service. Please consider serving on the Council. We need your ideas and enthusiasm. If you are interested, please reach out to one of OTLA’s current or past members on the Council to learn more. Is the Council not your thing? Worry not! The Oregon State Bar’s Uniform Civil Jury Instructions Committee and Legal Ethics Committee are active committees that make decisions directly impacting your clients and practice. Both committees are always looking for volunteers. If you’re interested, check in with a current or past committee member. OTLA staff and I also are more than happy to point you in the right direction. Rob Kline specializes in cases involving motor vehicle collisions, workplace injuries and sexual abuse. Kline practices as senior counsel at the Johnston Law Firm, 200 SW Market St., Ste. 1900, Portland, OR 97201. He contributes to OTLA Guardians as the Guardians Club level. He can be reached at [email protected] or 503-546-3167. 1 The author wishes to thank and acknowledge the Hon. Susie L. Norby, Clackamas County Circuit Court Judge, for her excellent article, “Ghostbusters Meets Guardians of the Galaxy: Giving Life to the Council on Court Procedures,” The Verdict, 2002, Issue 2, from which much of the history and other information regarding the operation of the Council is drawn. 2 Id. at page 4. 3 Id. at page 5. 4 Id. at page 4.
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