Travis Marston's DA Candidacy Under Fire for Lack of Active Bar License
Travis J Marston. Photo Credit: Travis Marston for Wasco County DA
Editors Note: CCCNews sent this article to the Secretary of State and the Oregon State Bar in order to fact check legal details in the article before publishing. Both sources confirmed that a temporary license is not a bar membership.
By Cole Goodwin
The Dalles, Ore., April 5, 2024 – Wasco County District Attorney candidate Travis J Marston is under scrutiny for running without an active Oregon State Bar license, a requisite for assuming the office upon election.
Marston, a seventh generation Oregonian who is licensed to practice law in New Mexico currently holds an Oregon Temporary Practice License, meaning that his membership to the bar is still pending pursuant to an application for admission to the bar.
Temporary practice licenses allow out-of-state lawyers with an active application for membership to the Oregon State Bar to be temporarily licensed to practice law under the supervision of an active Oregon State Bar member. Marston’s supervising attorney is James M Habberstad, an attorney in The Dalles specializing in business and commercial law.
“The role of the supervising attorney is to oversee the work performed by the temporary licensee, and ensure that the licensee avoids malpractice by performing work that is in compliance with Oregon’s laws and that the conduct of the licensee complies with the Rules of Professional Conduct,” reads the Oregon State Bar Temporary Practice License FAQ Sheet.
A screenshot from the OSB Temporary Practice License FAQ sheet.
Temporary licensee holders can be actively involved in litigation but the licensee must have a co-counsel in all litigation matters. Temporary practice licensees cannot e-file documents with the court. Licensees also do not have access to any of the benefits available to members such as Fastcase, OSB Legal Publications, or membership discounts on various other OSB products.
Some people within the community have asked how Marston was able to run for office without having an active Bar Membership. To answer this, it appears Marston was able to file for candidacy based on the understanding that he would secure an active license on election day as is mandated by Oregon Revised Statutes (ORS) 8.630 and outlined in the State Candidate Manual.
When asked by phone last week if he could hold office with a temporary license vs a bar membership, Marston said that he did believe he could hold office with a temporary license but that “it would be better” for him to have the bar membership than a temporary license. He noted that the statutes involved constituted a “dark gray area” of law that he hoped the Secretary of State would clarify for him and for voters.
Marston also said he believes that he will be able to obtain his license by election day. He did, however, note that he was aware that licensing processes have taken up to six months or more in the past.
According to CCCNews research, if Marston fails to secure an active Oregon State Bar membership by election day he will be ineligible for the office even if he wins the race.
In the event that he is elected without an active Bar membership, Wasco County could find its DA seat declared vacant, triggering a gubernatorial appointment by Tina Kotek to fill the position when Matt Ellis vacates the office in January.
Some skeptical voters on Facebook have pointed out that it seems unlikely that Marston will be able to secure a license before election day noting that per rule RFA 6.10, a person must have their name published 45 days before having it forwarded to the Supreme Court for admission where board examiners would then evaluate his character and fitness to practice law in Oregon.
However, as one voter pointed out they had not seen Travis Marston’s name posted on the Bar website yet. If Marston’s name has not been previously published, then it would seem his hope of being DA this year could be impossible.
Several attorneys that spoke to CCCNews during our inquiry noted that Marston could even potentially face reprimands from the Oregon State Bar if he misrepresented his status as an "attorney" on forms submitted to state agencies, despite being an inactive Bar member due to precedents set forth in: In Re Complaint of Kumley.
On April 7, a request for an investigation into Marston’s campaign was filed with the Oregon Secretary of State.
“I believe that Travis Marston is holding himself out as an attorney to voters. When I have attempted to ask questions about this issue, his campaign has given several different responses. I have not been able to obtain an answer to my satisfaction that Travis Marston will be able to have an active bar license on Election Day, and I do not believe the voters understand the consequences of Mr. Marston having filed as late as he did to run as a candidate for DA.” reads the request for investigation.
CCCNews reached out to the Oregon State Bar for further information about the investigation and the status of Marston’s application.
“We can't comment on any pending investigations or the timing of them,” said Kateri Walsh, Oregon State Bar Director of Communications. “Mr. Marston has a temporary practice license now, and he has an admissions application pending before our regulatory council. We’re at about the 5-month mark now. Once we complete the investigation we will forward the application to the Oregon Supreme Court which grants final approval. And that process takes about two to six weeks.”
In other words, it seems like Marston may be cutting it very close, prompting questions for some voters about why this issue wasn’t addressed sooner, especially since the Save Wasco County Political Action Committee, which formed last year with the goal of funding a DA challenger in the upcoming election, first brought the idea of Marston as a potential candidate to the public in October of 2023.
Despite the controversy, Marston still has many supporters. According to Marston’s website, he has been endorsed by Sherman County Sheriff Brad Lohrey, Oregon State Senator Jim Doherty, local Mike Courtney, and New Mexico State Representative Zachary Cook.
An Elect Travis Marston sign seen in The Dalles, Oregon this week. Photo Credit: Tom Peterson
Kara Davis. Photo Credit: Kara Davis for Wasco County District Attorney
Marston’s opponent in the DA’s race, Kara Davis, who currently holds the position of Gilliam County District Attorney responded to CCCNews request for comment on the situation with the following:
“The district attorney must explain the law clearly and concisely to the public every day - juries, police officers, victims, even judges. The ability to know and explain the law is a prerequisite for the job. It is very clear that many voters in Wasco County are confused by Mr. Marston's license status. It is unfortunate that he declined to explain his situation to the voters. ORS 8.630 requires a candidate for district attorney to be an active member of the bar on election day. A person may file to run if they have an application pending, but if they are not a bar member on election day, they are ineligible. And if they receive the majority vote while ineligible, the seat is deemed vacant. Mr. Marston is not an active member of the bar. It is increasingly improbable that he will not be a member of the bar by election day. The voters deserve an explanation,” said Davis.
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