Illinois Valley News, Cave Junction, Ore. Wednesday, August 16, 2017
Page A-5
Cave Junction’s lawyer, Ryan Kirchoff disbarred for 2 years
Annette McGee Rasch
IVN Senior Contributing Writer
The city of Cave Junction might have to
shop for a new lawyer, as James R. Kirchoff,
who did legal research and provided advice to
the city on several issues for several years, has
been suspended from practicing law for two
years, starting around mid-August 2017.
In a lawyer disciplinary proceeding,
the Oregon State Bar charged Kirchoff with
multiple violations of the Oregon Rules of
Professional Conduct (RPC), based on his
submission of false evidence to a tribunal,
according to public documents filed by the
Oregon Supreme Court. Then, a trial panel
of the state’s Disciplinary Board conducted a
hearing and found that indeed, that Kirchoff
had violated those rules.
“It’s a loss to the city,” said Cave
Junction Mayor Daniel Dalegowski. “Ryan
Kirchoff seems to always have provided the
city with very solid advice, even though we
didn’t all always agree on the topics that we
were pursing legally.”
Dalegowski refers to the city’s
controversial marijuana lawsuits. Several
former and current city council members had
said - on the record, numerous times - that
these lawsuits were a “colossal waste of time
and money.”
“Never-the-less,” Dalegowski continued,
“I think the advice he provided the city was
well-researched and helpful and I always
personally found him to be helpful regarding
dealing with policies. He’s really just been a
shortcut to getting answers that we have found
to be pretty reliable. Saved us a lot of time
from having to research ourselves.”
Regarding Kirchhoff’s legal troubles,
Dalegowski said: “I do not know many
specifics about the disbarment. I’d heard
he was under review a while back, but I do
not know about the actual reasons for his
disbarment.
“We’ll need to find someone who can
fill in for Ryan Kirchoff, from here on out,
or until he’s back on the team, either way,”
Dalegowski added. “But our main city
attorney, Pat Kelly, is around, and he’s really
efficient at property issues, dealing with
closures, easements and other legal questions
the city deals with.”
At the heart of the case that led to
Kirchoff’s suspension is the purported
existence of an email that Kirchoff claimed
he’d sent in a marital dissolution action where
Kirchoff represented the husband. The email
was important - but later, no one could find
any evidence of this email having been sent.
According to public documents about
Kirchoff’s suspension: “The charges arise
out of the accused’s [Kirchoff] representation
of husband in a marital dissolution action
initiated by his wife. [The] Wife’s lawyer,
Claar, had filed a petition for dissolution on
January 10, 2014. On January 13, husband
retained the accused to represent him in the
dissolution proceeding, and husband signed a
retainer agreement on February 7.
“The accused did not file an appearance
“Humor In Art” show opens at the Guild
“It seems like a good time for some
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Bruce Stone’s
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mor in Art”, open-
ing Sunday, Aug.
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Kerby.
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The $5 admission includes all that
and a raffle ticket for the evening’s drawing,
which, if it doesn’t win, goes into the 2017
Grand Prize drawing in December. The
prize, a beautiful large copper piece, will be
on display.
The Guild Gallery and Art Center is
located on the Rogue Community College
Kerby Campus, 24353 Redwood Highway
in Kerby, Oregon. Phone is 541-592-5019
Website is www.southernoregonguild.org.
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in the proceeding, nor did he provide written
notice to Claar about his intent to file an
appearance. On February 11, Claar filed an Ex
Parte Motion for Order of Default and Entry of
Judgment by Default on wife’s behalf on the
ground that husband had made no appearance
in the case before the February 10 deadline.”
Essentially, Kirchoff claimed is saying
an email was sent before that deadline, but
again, sufficient evidence indicates that the
email never existed. Based on its investigation,
the state Bar charged Kirchoff with the
violating RPC 3.3(a)(1) (making a false
statement of fact or law to a tribunal or failing
to correct a false statement of material fact
or law previously made to the tribunal by the
lawyer); RPC 3.4(b) (falsifying evidence);
RPC 8.4(a)(3) (engaging in conduct involving
dishonesty, fraud, deceit, or misrepresentation
that reflects adversely on the lawyer’s fitness
to practice law); and RPC 8.1(a)(1) (knowingly
making a false statement of material fact in
connection with a disciplinary matter).
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