Phoenix city attorney's license suspended - News - MailTribune.com - Medford, OR

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Phoenix city attorney's license suspended Wednesday Aug 16, 2017 at 4:57 PM Aug 16, 2017 at 5:56 PM Tony Boom for the Mail Tribune Phoenix City Attorney Ryan Kirchoff will continue in his position until Oct. 2, when he will begin serving a two-year suspension of his law license ordered by the Oregon State Bar for an incident arising in his private practice. Oregon’s Supreme Court issued a ruling Aug. 3 upholding the findings of an Oregon State Bar trial that had been appealed by Kirchoff. The bar found that his conduct demonstrated a lack of understanding and appreciation of the profession’s ethical responsibilities and regulations. The city has published a request for proposals to fill the city attorney spot, with a deadline of Sept. 11. Interim City Manager Dave Kanner said he hopes to have the position filled by Oct. 2. The city’s RFP calls for either a law firm or licensed lawyer. When the appeal became public last summer, Kirchoff should have been dismissed by the City Council, said former councilor Mike Stitt, who was council president in the previous decade. Kirchoff was an at-will employee, he said. “I have no bones to pick with Ryan. He’s very personable. But I thought the case was very strong,” said Stitt. “It’s pretty hard to be an effective public servant with that hanging over you.” Kirchoff in late summer 2016 applied to fill the vacant city manager position while the bar ruling was under appeal. At one point in the hiring process, former Mayor Jeff Bellah said Kirchoff was the tentative choice for the position, but that the council was going to do a thorough background check. The city in November 2016 hired Jamie McLeod to be city manager. She was fired from that post in March this year. The Oregon Supreme Court ruling held that the bar established misconduct with clear and convincing evidence. The bar panel found that Kirchoff had knowingly falsified an email. The court also found that testimony about communication with another lawyer involved was not credible. Kirchoff was representing a husband in a divorce beginning in January 2014. Kirchoff filed a motion to vacate a judgment and declaration, but he did not attach a written notice of intent to appear as required by law. Later Kirchoff supplied what was said to be a copy of the notice. The lawyer for the wife claimed the email may have been fabricated. The bar trial concluded there is “clear and convincing evidence … that the accused printed this document and submitted it to the court, to counsel, the Oregon State Bar, and now the Trial Panel, when the accused knew . . . this document did not exist, digitally, on paper or in any form on the day he testified he sent it.” In the court's review, Kirchoff argued that the bar did not prove by clear and convincing evidence that it was “highly probable” he falsified the document. Kirchoff said the document was a hard copy of a draft he wrote but never sent. Kirchoff did not return calls seeking comment. He has a law firm in Grants Pass and has represented the city for four years. He has been a licensed lawyer for 14 years and has represented other Oregon municipalities, including Cave Junction. — Tony Boom is an Ashland freelance writer. Reach him at [email protected].