Rule 3.2 Mental Incompetency or Addiction— Involuntary Transfer to Inactive Licensure Status
Title 3: Special Proceedings
Rule Text
Inactive Licensure Status.
(1) Summary Transfer to Inactive Status.
(a) The Supreme Court may summarily order, upon ex parte application by the Bar, that a licensee be placed on inactive licensure status until reinstated by the court if the licensee has been adjudged by a court of competent jurisdiction to be mentally ill or incapacitated.
(b) A copy of the order shall be personally served on the licensee 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.
(2) Petition by Bar.
(a) The Bar may petition the court to determine whether a licensee is disabled from continuing to practice law due to:
(i) a personality disorder; or
(ii) mental infirmity or illness; or
(iii) diminished capacity; or
(iv) addiction to drugs, narcotics or intoxicants. The Bar’s petition shall be mailed to the licensee and to their guardian, conservator, and attorney of record in any guardianship or conservatorship proceeding. b)
(i) On the filing of such a petition, the court may take or direct such action as it deems necessary or proper to determine whether a licensee is disabled. Such action may include, but is not limited to, examination of such licensee by qualified experts as the court shall designate.
(ii) A copy of an order requiring a licensee to appear, for examination or otherwise, shall be mailed by the State Court Administrator to the licensee and to their guardian, conservator and attorney of record in any guardianship or conservatorship proceeding and to Disciplinary Counsel.
(iii) In the event of a failure by the licensee to appear at the appointed time and place for examination, the court may place the licensee on inactive licensure status until further order of the court.
(iv) If, upon consideration of the reports of the designated experts or otherwise, the court finds that probable cause exists that the licensee is disabled under the criteria set forth in BR 3.2(2)(a) from continuing to practice law, the court may order the licensee to appear before the court or its designee to show cause why the licensee should not be placed by the court on inactive licensure status until reinstated by the court. The State Court Administrator shall mail such a show cause order to the licensee and their guardian, conservator and attorney of record in any guardianship or conservatorship proceeding and to Disciplinary Counsel.
(v) After any show cause hearing as the court deems appropriate, if the court finds that the licensee is disabled from continuing to practice law, the court may order the licensee placed on inactive licensure status. The State Court Administrator shall mail a copy of an order placing the licensee on inactive licensure status to the licensee and their guardian, conservator, and attorney of record in any guardianship or conservatorship proceeding, and to Disciplinary Counsel.
(c) Any disciplinary investigation or proceeding pending against a licensee placed by the court on inactive licensure status under this rule shall be suspended and held in abeyance until further order of the court.
(3) Disability During Disciplinary Proceedings.
(a) The court may order that a licensee placed on inactive licensure status until reinstated by the court if, during the course of a disciplinary investigation or disciplinary proceeding, the licensee 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:
(i) a personality disorder; or
(ii) mental infirmity or illness; or
(iii) diminished capacity; or
(iv) addiction to drugs, narcotics or intoxicants.
(b) The court shall take or direct such action as it deems necessary or proper as provided in BR 3.2(2) to determine if the licensee is disabled.
(c) The State Court Administrator shall mail a copy of the court’s order to Disciplinary Counsel, Bar Counsel, and the licensee 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.
(d) Any disciplinary investigation or proceeding against a licensee who the court places on inactive licensure status under this rule shall be suspended and held in abeyance until further order by the court.
(e) If the court determines that the licensee is not disabled under the criteria set forth in BR 3.2(3)(a), 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 licensee that is pending or held in abeyance be continued or resumed.
(4) 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 licensee if they are without representation.
(5) 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 licensee 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.
(6) Costs and Expenses. The court may direct that the costs and expenses associated with any proceeding under this rule be paid by the licensee, 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.
(7) Waiver of Privilege.
(a) Under this rule, an licensee’s claim of disability in a disciplinary investigation or disciplinary proceeding, or the filing of an application for reinstatement as an active licensee by a licensee placed on inactive licensure status under this rule for disability, shall be deemed a waiver of any privilege existing between the licensee and any doctor or hospital treating them during the period of the alleged disability.
(b) The licensee 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 licensure 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.
(8) Application of Other Rules.
(a) 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 l icensure status under BR 3.2. The placement of a licensee on inactive licensure status under BR 3.2 does not preclude the Bar from filing a formal complaint against the licensee. A licensee placed on inactive licensure status under BR 3.2 must comply with the applicable provisions of Title 8 of these rules to obtain reinstatement to active licensure status. b)
(i) A licensee transferred to inactive status under this rule shall not practice law after the effective date of the transfer. This rule shall not preclude the licensee from providing information on the facts of a case and its status to a succeeding licensee, and such information shall be provided on request.
(ii) A licensee 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.
(iii) Notwithstanding BR 3.2(2)(c) and BR 3.2(3)(d), Disciplinary Counsel may petition the court to hold a licensee transferred to inactive status under this rule in contempt for failing to comply with the provisions of BR 3.2(8)(b)(i) and (ii). The court may order the licensee to appear and show cause, if any, why the licensee should not be held in contempt of court and sanctioned accordingly.
(9) Submission to Adjudicator
(a) 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.
(a) Following entry of an order by the Adjudicator granting or denying the Bar’s petition, Disciplinary Counsel or the licensee who is the subject of the Adjudicator’s order may request the court to review that order. The court may conduct a de novo review on the record, on an expedited basis. Such a request must be filed with the court no later than fourteen (14) days after the entry of the Adjudicator’s order. Unless otherwise ordered by the court, the Adjudicator’s order shall remain in effect until the court issues its decision.
Amendment history: (Rule 3.2(h) amended by Order dated March 13, 1989, effective April 1, 1989, corrected June 1, 1989.) (Former Rule 3.2(b)(1)(i), 3.2(b)(1)(ii), 3.2(b)(1)(iii), 3.2(b)(1)(iv), 3.2(c)(1)(i), 3.2(c)(1)(ii), 3.2(c) (1)(iii), 3.2(c)(1)(iv), (c)(4), 3.2(h)(2)(i), 3.2(h)(2)(ii), and 3.2(h)(2)(iii) redesignated as Rule 3.2(b) (1)(A), 3.2(b)(1)(B), 3.2(b)(1)(C), 3.2(b)(1)(D), 3.2(c)(1)(A), 3.2(c)(1)(B), 3.2(c)(1)(C), 3.2(c)(1) (D), 3.2(c)(5), 3.2(h)(2)(A), 3.2(h)(2)(B), and 3.2(h)(2)(C); Rule 3.2(c)(4) added; and Rule 3.2(a) (2), 3.2(b), 3.2(b)(1)(C), 3.2(b)(2)(A), 3.2(b)(2)(D), 3.2(b)(2)(E), 3.2(b)(3), 3.2(c)(1), 3.2(c)(1)(C), 3.2(c)(2), 3.2(c)(3), 3.2(c)(5), 3.2(g)(1), 3.2(g)(2), 3.2(h)(1), 3.2(h)(2)(A), 3.2(h)(2)(B), and 3.2(h) (2)(C) amended by Order dated May 3, 2017, effective January 1, 2018.) (Rule 3.2(a)(2) amended and Rule 3.2(h)(2)(C)(i) added by Order dated May 22, 2019, effective September 1, 2019.) (Rule 3.2(a) through (h) amended by Order dated August 17, 2022, effective July 1, 2023.) (Rule 3.2(a) through (h) amended by Order dated December 26, 2023, effective January 1, 2024.) (Rule 3.2(a)-(i) redesignated Rule 3.2(1)-(9) by Order dated May 23, 2024, effective January 1, 2025.) (Rule 3.2(9) amended by Order dated December 18, 2024, effective January 1, 2025.) (Rule 3.2(1) through (9) amended by Order dated October 15, 2025, effective January 1, 2026.)