September 27, 2016

Iain T. Noll
#15863934
Warner Creek Correctional Facility
P.O. Box 1500
Lakeview, OR 97630

Re: Subject: DPA 1601470

Ronald Brown (Iain T. Noll)
Dear Mr. Noll:
The Oregon State Bar (Bar) has received your complaint regarding Ronald Brown.
The Client Assistance Office (CAO) is responsible for reviewing concerns regarding Oregon
lawyers. Under Bar Rule of Procedure 2.5 and as resources permit, CAO determines the manner
and extent of review required to determine whether there is sufficient evidence to support a
reasonable belief that misconduct may have occurred warranting a referral to Disciplinary
Counsel’s Office. Misconduct means a violation of the rules of professional conduct and
applicable statutes that govern lawyer conduct in Oregon.
You have expressed concern regarding Mr. Brown’s role in the plea agreement you
accepted, which you feel exceeded the statutory maximum sentence and violated ORS 137.330
by requiring you to pay for the costs of your incarceration in the county jail. Mr. Brown was the
prosecuting attorney. You were represented by Des Connall.
We conclude that there is no sufficient basis to warrant a referral to Disciplinary Counsel’s
Office for further review. Your sentence, and the attendant agreement in advance to pay for the
costs of your incarceration, were the result of a negotiated plea deal as to multiple counts. Each
count may have led to a statutory maximum sentence being imposed consecutively. We do not
find any evidence that Mr. Brown’s conduct with regard to the negotiation of your plea deal, in
his role as prosecuting attorney, implicates any of Oregon’s Rules of Professional Conduct (RPC)
regulating lawyers practicing in Oregon. This includes RPC 3.8 pertaining to prosecutors in
particular.
Because we find no professional misconduct, we will take no further action on this matter.
If you disagree with this disposition, you may have the matter reviewed by General Counsel,
Iain T. Noll
Page 2

provided we receive your request for review in writing no later than October 18, 2016. The
decision of General Counsel is final.
Sincerely,

Daniel P. Atkinson
Assistant General Counsel
Ext. 336

DPA/jmm
cc w/attach: Ronald Brown, Attorney at Law
02h

Email submissions to: cao@osbar.org Use subject line: DPA 1601470