Rule 5.3 - Location of Hearing; Subpoenas; Testimony(a) Location. For respondents that maintain an office or residence in Oregon, the trial panel hearing of any Disciplinary Proceeding shall be held either in the county in which the respondent maintains their office for the practice of law or other business, in which they reside, or in which the misconduct is alleged to have occurred, at the Adjudicator's discretion. For any proceeding brought pursuant to these rules other than Title 4 in which the attorney or LP the subject of the proceeding maintains an office or residence in Oregon, and for any proceeding brought pursuant to these rules in which the attorney or LP the subject of the proceeding does not maintain an office or residence in Oregon, the Adjudicator shall designate a location for the hearing. With the respondent's consent, the hearing may be held elsewhere.(b) Subpoenas. The Chief Executive Officer, the Adjudicator, or regional chairpersons of the Disciplinary Board, Bar Counsel, Disciplinary Counsel and the attorney for the respondent, or the respondent, if appearing without an attorney, shall have the authority to issue subpoenas. Subpoenas shall be issued and served in accordance with the Oregon Rules of Civil Procedure in the same manner as in a case pending in a circuit court. Any witness who testifies falsely, fails to appear when subpoenaed, or fails to produce any documents pursuant to subpoena, is subject to the same orders and penalties to which a witness before a circuit court is subject. Subpoenas issued pursuant this rule may be enforced by application of either party or the Adjudicator to any circuit court. The circuit court shall determine what sanction to impose, if any, for noncompliance.(c) Board Members as Witnesses. Current members of the Board of Governors shall not testify as witnesses in any Bar admission, discipline or reinstatement proceeding except pursuant to subpoena.(d) Testimony. Witnesses shall testify under oath or affirmation administered by any member of the Disciplinary Board or by any person authorized by law to administer an oath.(e) Transcript of Proceedings; Correction of Errors; Settlement Order. Every disciplinary hearing shall be transcribed and shall comply with the Oregon Rules of Appellate Procedure as to form. The transcription shall be certified by the person preparing it. The reporter shall give written notice to Disciplinary Counsel, Bar Counsel, and the respondent of the filing of the transcripts with the Disciplinary Board Clerk, who shall provide copies to the Adjudicator. Within fourteen (14) days after the transcript is filed, the Bar or the respondent may move the Adjudicator for an order to correct any errors appearing in the transcript, by filing a motion with the Disciplinary Board Clerk and serving the other party. Within 7 days the Bar or the respondent, as the case may be, may file a response to the motion with the Disciplinary Board Clerk, serving a copy on the other party. The Adjudicator shall thereafter either deny the motion or direct the making of such corrections as may be appropriate. Upon the denial of the motion or the making of such corrections, the Adjudicator shall file with the Disciplinary Board Clerk an order settling the transcript and the Disciplinary Board clerk shall send copies to the parties.Rule 5.3b amended by Order dated April 4, 1991, effective 4/15/1991. Rule 5.3a amended by Order dated July 22, 1991. Rule 5.3 c, d, and e amended by Order dated June 5, 1997, effective 7/1/1997. Rule 5.3a and e amended by Order dated February 5, 2001. Rule 5.3e amended by Order dated June 17, 2003, effective 7/1/2003. Rule 5.3a amended by Order dated April 26, 2007. Rule 5.3a, 5.3b, and 5.3e amended by Order dated May 3, 2017, effective 1/1/2018. Rule 5.3(a) amended by Order dated August 17, 2022, effective 7/1/2023. Rule 5.3(a), (b), and (e) amended by Order dated December 26, 2023, effective 1/1/2024.