CJO 2026-021 — Adoption of Amendments to the Uniform Trial Court Rules — physical PDF page 94
A-36 D. OUT-OF-CYCLE AMENDMENTS 1. 3.170—ASSOCIATION OF OUT -OF-STATE COUNSEL (PRO HAC VICE) Changed references from “member” to “licensee.” See related items D.3– D.5. ACTION TAKEN Amendment of the rule was preliminarily recommended by consensus at the UTCR Committee’s fall meeting on October 24, 2025. The rule was then amended out of cycle by Supreme Court Order (SCO) 25-054, effective January 1, 2026. No public comments were received. EXPLANATION Background. This proposal was submitted by Rachel D. Trickett, UCTR Reporter, to align with legislation that went into effect on January 1, 2026. During the 2025 legislative session, the legislature passed Senate Bill (SB) 166 (Oregon Laws 2025, chapter 32) that updated terminology used in ORS chapter 9 (the Oregon State Bar (OSB) Act) to refer to persons admitted to practice law in Oregon from “member” to “licensee.” More specifically, ORS 9.005 was amended to read that as used in ORS 9.005 to 9.757 unless the context or subject matter requires otherwise: • “Attorney” means an attorney licensee of the OSB. • “Licensee” means a licensee or associate licensee of the OSB. In 2023, Oregon introduced a new legal licensure for paralegals. Under ORS 9.241(3) and OSB’s Rules of Licensure, licensed paralegals may be admitted to the bar as “associate” (nonattorney) members with a limited scope of legal practice. Effective January 1, 2026, licensed paralegals will be admitted to the bar and referred to as associate licensees under amended ORS 9.005 to 9.757. The amendment to UTCR 3.170(1)(c) changed “member” to “attorney licensee” to conform to SB 166 and clarify that under the rule, an out-of- state attorney must associate with a person admitted to the practice of law in this state as an attorney; the rule does not apply to licensed paralegals. At the fall 2025 meeting, the committee recommended that the change be made out of cycle to align with the January 1, 2026, effective date of SB 166. Following the fall meeting, no public comments were received.
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