Capitol Insider

Notice of Court Closures

The case management systems for the circuit courts and tax court will be offline from 5:00 p.m. Friday, October 4, to 8:00 a.m. Monday, October 7, to allow for upgrade installation. It is highly recommended that attorneys who have hearings on October 7, 8, or 9 submit all documents by Wednesday, October 2, to ensure that the court has timely access. The above-mentioned courts will also limit the types of hearings scheduled on October 7. If you have any questions regarding this matter, please contact Sam DuPree at the Oregon Judicial Department (OJD) at [email protected].

Additionally, the OJD will conduct a major update to the Odyssey Court Management System in October. To ensure a smooth transition, Chief Justice Meagan Flynn has issued CJO 24-015. This order closes all OJD courts on Tuesday, October 8, and extends the statutory time limit for filings pursuant to ORS 174.120(2)(c).

More information is available here.

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Revenue Forecast

Oregon’s latest revenue forecast anticipates a personal income tax “kicker” of $987 million. Under Oregon’s unique kicker law, when income tax revenue exceeds the budget by 2 percent or more, the surplus is returned to taxpayers. Meanwhile, legislators expect $676 million more to be available for the 2025–2027 budget cycle. However, economists have urged caution, advising the state to consider liabilities against revenue expectations. Governor Kotek has also urged state agencies to be cautious when crafting their budgets, suggesting they limit increases to 1 to 2 percent and focus on core responsibilities, considering uncertainties like inflation and employment trends.

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Legislative Days

The Oregon State Legislature held “Legislative Days” this week. This was an opportunity for invited testimony forecasting bills that are likely to be focused on during the upcoming 2025 legislative session. The Emergency Board also met to vote on urgent budget asks. The Unrepresented Crisis and the Oregon Public Defense Commission were notable topics in both the Joint Judiciary Committee and Emergency Board. Unfortunately, the number of unrepresented individuals has continued to rise. Much discussion also focused on the commission preparing for its transition to the executive branch, which is effective January 1, 2025. The Judiciary hearings included updates regarding the Wrongful Conviction Compensation Program, established by SB 1584 (2022), and from workgroups on topics such as the Uniform Parentage Act and civil commitments.

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Celebrate Oregon Lawyers

Mark your calendars for the Celebrate Oregon Lawyers event on October 23, where the outstanding work of lawyers across the state will be recognized. Held at the Sentinel Hotel from 5:00 to 7:00 p.m., this event will honor the Oregon State Bar Award winners, celebrate the Pro Bono Challenge recipients, and recognize the 50-year members of the bar. It’s a great opportunity to connect with colleagues and acknowledge excellence in the legal profession. Reservations can be made online, and any questions can be directed to Cathy Petrecca at [email protected].

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Oregon State Bar Legislation Highlights

Each year, the bar produces a book detailing many of the more significant bills passed by the legislature during the recently completed session. Bill summaries are arranged by topic, allowing lawyers to easily review those that may be relevant to their practice. Summaries are authored by volunteer attorneys who are experienced in the area of law on which they are writing, and often include useful practice tips for lawyers who are working with the new laws. Legislation Highlights is available free online for bar members through BarBooks. Editions from previous years are also available and can be an invaluable tool for a lawyer researching past legislation. If you have any questions or need more information about the 2024 Legislation Highlights, please contact OSB Public Affairs.

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Welcome to the new Public Affairs Legislative Attorney!

The Oregon State Bar is thrilled to welcome its newest addition to the Public Affairs Department, Avery Pickard!

Avery Pickard is excited to join the bar as its new Legislative Attorney. In recent years she has worked in government relations in the areas of economic development and small business. She is an alum of Lewis & Clark Law School and Rice University in Houston. In her spare time, Avery likes to read, hike, and see local bands.

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Corporation Transparency Act

At the beginning of this year, the federal Corporate Transparency Act (CTA) 31 USC § 5336 went into effect. This new law requires some companies registered with the Secretary of State to report certain information to the United States Treasury. Most companies have until January 1, 2025, to report Beneficial Ownership Information (BOI). However, companies formed this year are required to file within 90 days of formation. A beneficial owner is defined as any individual having at least 25% ownership in a business or exercising “substantial control” over said business. In some cases, this may include law firms. Reports can be filed here.

 

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Remembering Senate President Peter Courtney

Senate President Peter Courtney passed on July 16, 2024, at the age of 81. Courtney was the longest serving Senate President in Oregon history (2003–2022). A memorial service with hundreds in attendance was held at St. Mary’s in Mt. Angel on July 30. The Oregon State Senate intends to host a public celebration of life at a later date.

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Dates of Interest

The House of Delegates (HOD) has a deadline of September 17 for proposed resolutions to the Oregon State Bar. The HOD includes 250 members elected from bar licensees. Its annual meeting is scheduled for November 1. This event provides members an opportunity to approve any changes to licensing fees or Oregon Rules of Professional Conduct, as well as modify, direct, or rescind actions of the Board of Governors.

The Celebrate Oregon Lawyers event is happening on October 23! Join colleagues to celebrate the great work of lawyers throughout the state. This is a great opportunity to honor the winners of the Oregon State Bar Awards, applaud the winners of the Pro Bono Challenge, and congratulate the 50-year members. The event will be hosted at the Sentinel Hotel from 5:00 to 7:00 p.m. Reservations may be made here. Please reach out to Cathy Petrecca at [email protected] with any questions.

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Access to Justice Survey

The OSB Access to Justice Survey closed on July 27. This survey was distributed to gather insights from legal aid attorneys, private practitioners, community organizations, court staff, and other stakeholders. The feedback will be used to shape and prioritize access to justice across the state. Stay tuned to learn about the results.

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New Director of Public Affairs!

The Oregon State Bar is excited to welcome Dominique Rossi as the new Director of Public Affairs. Rossi comes to the bar after 10 years working in the legislature, most recently as Legislative Director for Senate President Rob Wagner. In her personal time, she enjoys hiking with her dogs, poetry, and embroidery.

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Judicial Voters Guide

The Oregon State Bar’s  Judicial Voter’s Guide is now available for the May 2024 Oregon Primary.  The site includes background on almost every judicial candidate in a contested race this year, as well as many candidates running unopposed in the primary. The information included in the guide is the candidates’ responses to a questionnaire provided to all judicial candidates in Oregon.

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Interim Legislative Committee Days 

Several legislative committees will meet during the last week of May. Interim committee meetings are often held for the purpose of discussing issues that are likely to be featured during the next session, or to discuss broader issues for which there wasn’t time during session. Committee agendas have not yet been posted, but it is likely that the legislature’s Emergency Board will meet to discuss proposed changes to the state budget.

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OJD Access and Fairness Survey

As part of the Oregon Judicial Department’s 2024-2027 Justice Campaign, the court is releasing an Access and Fairness Survey. The Survey asks court participants for their perspectives on the accessibility of our courts and justice services and, if they participated in a proceeding before a judicial officer, their perspectives on their treatment in terms of equality, fairness, and respect.

OJD last conducted such a survey in 2022 with the assistance of the legal community, local courts, and other partners. The results from the Access and Fairness Survey are used to measure progress towards ensuring access to justice for all court users, enhancing the public’s trust and confidence in the judicial branch, and improving the court user’s experience.

The survey is available online at: www.courts.oregon.gov/survey. Some courthouses may also have the survey available in paper format. For more information please visit: https://www.osbar.org/_docs/resources/OJDAccessandFairnessSurveyLetter.pdf.

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Supervised Practice Portfolio Examination

The Supervised Practice Portfolio Examination (SPPE) is a new pathway to becoming a licensed attorney that is available to students graduating from ABA-accredited law schools this spring. This new model of exam will allow applicants to work in supervised apprenticeship settings following graduation from law school, and to then submit a portfolio of work to be examined by the Oregon Board of Bar Examiners for admission to the OSB.

The level of interest in this new pathway has been extremely high, and the OSB is hoping that members of the bar will help us meet this interest by becoming supervising attorneys for graduates in the SPPE program.

Serving as a supervising attorney is a great way to bring a new soon-to-be attorney into your practice, while helping them learn the tools to become a successful member of the bar.

Any employer who is interested in taking on such an applicant should visit the SPPE website for more information about the program, and on how to become a supervising attorney.

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Licensed Paralegal Swearing-In Ceremony

On March 29, Chief Justice Meagan Flynn swore in the Oregon State Bar’s first class of licensed paralegals as members of the OSB. There are 10 new LPs in this first group, with more expected throughout 2024.

The ceremony took place at the Oregon Supreme Court in Salem and was attended by many of the volunteers who have worked over the past several years to make this new program a reality.

The first LP exam, which took place this past December, allowed for LPs to be certified to work on family law matters. The second exam, which took place this April, was the first for applicants seeking the landlord-tenant endorsement. Two additional exams are likely to take place later in 2024.

Chief Justice Meagan Flynn Swearing in the First Class of LPs at the Oregon Supreme Court in Salem

LPs Being Swore In at Oregon Supreme Court House

Oregon’s First Class of Licensed Paralegals!

From left: Judge Maureen McKnight and Paraprofessional Licensing Implementation Committee members Judge Kirsten Thompson and  Robin Wright

From left: Chief Justice Meagan Flynn and Public Member of the Paraprofessional Licensing Implementation Committee Dr. Johnny Lake

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Governor’s Vetoes

After several weeks of consideration and discussion with legislators, the Governor declined to issue line-item vetoes of any budget items.

In early April, the Governor issued a constitutionally required notice that she was considering vetoing several budget items passed during the 2024 legislative session, including several in SB 1530. Seven specific items identified by the Governor related to wastewater treatment or city drinking water systems in specific communities around Oregon.

At the time, the Governor expressed concerns about how the various projects related to additional housing production, which was the stated purpose SB 1530. Announcement of potential vetoes is intended in part to give other parties the opportunity to communicate with the Governor about her concerns prior to a final decision.

On April 17, the Governor announced that she had received additional information about the projects and would be signing the final budget bills without any line-item vetoes.

This decision concluded bill signings for 2024, as all passed legislation has now been signed by the Governor.

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Budget Update

In the final days of the 2024 session, the legislature passed several bills modifying the 2023–2025 budget.

• • HB 5201 – Bonding Authority – HB 5201 provides bonding authority for capital projects by several state agencies. This bill includes approximately $15 million in funding for the new Clackamas County Courthouse and nearly $7 million for the new Benton County Courthouse. The bill also includes funding for projects for the Oregon Youth Authority, the Department of Forestry, Portland State University, and Southern Oregon University, among others.
  • HB 5202 – Capital Construction – HB 5202 provides expenditure limitations for several capital projects around Oregon. The largest portion of the bill includes funding for several projects through the Oregon Military Department, including projects in Umatilla, Washington, Marion, and Jackson Counties. The bill also includes funding for the Oak Creek Youth Correctional Facility and projects for the Department of Fish and Wildlife and the Department of Transportation.
  • HB 5204 – Ballot Measure 110 Funding – HB 5204 is an omnibus budget bill that appropriates over $200 million in General Fund dollars to fund implementation of HB 4002, which significantly modified the implementation of Ballot Measure 110.

The bill includes funding for the Criminal Justice Commission’s implementation of deflection programs for misdemeanor possession charges, as well as approximately $7 million for grants related to specialty courts. The measure also provides funding for 18 additional public defense positions for the new state-employed trial-level public defense program active in Portland and Medford.

The bill also funds new positions within the Oregon Health Authority related to stemming youth opioid use, as well as positions to implement the Certified Community Behavioral Health Clinic (CCHBC) Program.

• • SB 5701 – Courthouse Funding – SB 5701 is 2024’s major omnibus budget bill that adjusts General Fund appropriations to the Emergency Board and modifies state agency budgets and position authority in the 2023–2025 biennium.

The bill contains funding and authorization for courthouse replacement projects in Clackamas, Benton, and Crook Counties. The bill also includes some additional funding for Oregon Judicial Department operations, as well as the Commission on Judicial Fitness.

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Archives

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Thank you for reading the Oregon State Bar’s CAPITOL INSIDER.
The archives are available here.

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Legislature Makes Changes to Ballot Measure 110

House Bill 4002 is the main work product of the legislature’s efforts to address the fentanyl crisis in Oregon and modifies the continued implementation of Ballot Measure 110.

The bill modifies current statutes related to delivery of a controlled substance in response to the decisions in State v. Hubbell, 314 Or App 844 (2021), aff’d, 371 Or 340 (2023), to expand the definition of “deliver” to include possession of a controlled substance with the intent to deliver.

The bill also creates new sentencing options for misdemeanor possession charges, including the option to reduce jail sentences for time the defendant spends in drug treatment. The bill encourages probationary sentences, which may include a requirement for drug treatment. In the case of probation violations, the bill permits structured jail sanctions to be imposed.

HB 4002 also creates new deflection provisions, which encourage law enforcement and district attorneys to refer individuals to drug treatment providers in lieu of arrest or prosecution. The Criminal Justice Commission (CJC) is assigned the task of studying best practices for deflection programs and reporting back to the legislature with recommendations.

Much of the funding to implement HB 4002 is housed within HB 5204. That bill allocates $20.7 million into a grant program administered by the CJC to be used, among other things, for county deflection programs.

As part of the $20.7 million provided for grants, the bill makes direct allocations to 23 of Oregon’s 36 counties, providing 50% of their funds for deflection programs up front. The other 13 counties will receive deflection funds through the normal grant process.

The bill also allocates funds for a number of other criminal-justice-related purposes. This includes dedicating nearly $7 million to the CJC for specialty court grants. The bill also makes a one-time $10 million allocation to the Oregon Jail-Based Medications for Opioid Use Disorder Grant Program, which is likewise administered by the CJC. Additionally the bill allocates $4 million for the Restorative Justice Grant Program, which was created in 2021, and $500,000 for a jail reentry pilot program.

The bill has passed the House and Senate and is awaiting the Governor’s signature.

 

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Bills of Interest

HB 4001 – Establishes the Task Force on Specialty Courts. Directs the task force to study certain issues concerning specialty courts and to provide the results of the study to the interim committees of the Legislative Assembly related to the judiciary no later than November 15, 2024. The bill has passed the House and Senate and is awaiting the Governor’s signature.

SB 1595 – This bill was identified by some advocates as “The Family Financial Protection Act of Oregon”. The bill increases a number of exemptions from garnishment and execution, and modifies various provisions relating to unfair debt collection practices. The bill has passed the House and Senate and is awaiting the Governor’s signature.

HB 4056 – Requires counties to establish a process to determine the amount of any surplus proceeds from the sale of property deeded to the county after a property tax lien foreclosure. Requires counties to notify all interested parties of the surplus. Requires counties to determine the right to the surplus. Requires counties to deposit the surplus in full in an interest-bearing account until the amount and the distribution of the surplus have been determined. The bill has passed the House and Senate and will soon be sent to the Governor.

SB 1541 – Creates new circuit court judge and staff positions in Washington, Jackson, and Clackamas Counties. New positions take effect in Washington and Jackson Counties July 1, 2024, and in Clackamas County July 1, 2025. The bill has passed the House and Senate and is awaiting the Governor’s signature.

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Board of Governors Legislative Reception

On February 22, 2024, the Board of Governors hosted its annual President’s Reception at the Salem Convention Center. The event was co-hosted by Chief Justice Meagan Flynn and the Supreme Court Council on Inclusion and Fairness which is chaired by Justice Bronson James.

OSB Board President David Rosen (left) Attorney General Ellen Rosenblum (center), Chief Justice Meagan Flynn (center) and Rep. Kevin Mannix (right)

Executive Director PDSC Jessica Kampfe (left) and Chair of OSCCIF Justice Bronson James (right)

Daniel Moltke, Chief of Staff for Rep. Hartman (left), Rep. Annessa Hartman (center) and OSB Director of Diversity and Inclusion JB Kim (right)

OJD Director of Civil and Criminal Programs Division Dana Walton-Macaulay (left) and OSB Chief Executive Officer Helen Hierschbiel (right)

Sarah El Ebiary, Chief of Staff for James Hieb (left) and OSB General Counsel Ankur Doshi (right)

OSB Board Member Nicholas Yanchar (left), OSB President-Elect Myah Kehoe (center) and Rep. Travis Nelson (right)

OJD Access to Justice Counsel Shalini Vivek (left), OJD Counsel in Charge OEEI Valerie Colas (center), OJD Director of Civil and Criminal Programs Division Dana Walton-Macaulay (center) and Supreme Court Appellate Legal Counsel Lisa Norris-Lampe (right)

Rep. Rob Nosse (left), PLF Board Member Chair Steve Hill (center) and Rep. Jason Kropf (right)

OSB Board Member and Immediate Past-Chair of Public Affairs Committee Gabriel Chase (left) and Rep. Travis Nelson (right)

OSB Public Board Member and Public Affairs Committee Member Eddie Pasadore (left) and Chief Justice Meagan Flynn (right)

The reception provided an opportunity for the Board of Governors and members of the local bar to discuss the bar’s legislative priorities with legislators and share feedback on bills and issues currently under consideration in the Capitol. The reception has become an annual event held in coordination with the February Board of Governors meetings in Salem.

This year attorneys and members of the public attended, as well as legislators and staff.

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OSB Law Improvement Legislative Proposals for 2025 Due April 1, 2024

During the 2025 legislative session, the Oregon State Bar will introduce a package of law improvement legislation, which includes bills proposed by OSB sections and committees. These proposals often clarify statutory ambiguities or amend laws to conform to court decisions or court practices.

OSB sections interested in proposing legislation for the 2025 legislative session must provide those proposals to the OSB Public Affairs Department no later than April 1, 2024. Sections are limited to no more than three proposals, and each must be approved by the section executive committee.

Additional information on the OSB’s Law Improvement Program can be found on the Public Affairs page of the OSB Website. Sections that are currently exploring making such a proposal should contact Susan Grabe at [email protected] or Matt Shields at [email protected] for more information.

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Farewell, Amy!

Amy Zubko is leaving her position as Public Affairs Director here at the Oregon State Bar. Amy has been a key part of the Public Affairs team for the last decade and has been instrumental in advancing the bar’s public services mission in Salem. She has also been responsible for most of the content of this publication. We at the bar will miss her and wish her the best in the future.

*The next edition of the Capitol Insider will have a budget update and additional information on the 2024 legislative session.

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2024 Legislative Session Convened February 5, 2024 

The 2024 legislative session began on February 5, 2024. Unlike a legislative session held in an odd-numbered year, which can last up to 160 days, a legislative session held during an even-numbered year is limited to 35 days. Historically, even-year sessions have a narrower agenda, and legislators and committees are often limited in how many bills can be proposed. Timelines are very short, and most bills are required to move out of their chamber of origin during the first two weeks.

For the complete calendar, visit the Secretary of the Senate’s web page.

Both public hearings and work sessions are available both remotely and in person. Some of the bills of interest this session include:

• • HB 4001 – This bill creates the Task Force on Specialty Courts and tells the task force to report to the legislature by September 15, 2024. HB 4001 moved out of the House Judiciary and to the Ways and Means Committee on February 13, 2024.
  • HB 4002 – This bill is a placeholder bill that is intended to address substance abuse issues, including treatment. HB 4002 is currently in the Joint Committee on Addiction and Community Safety Response.
  • HB 4097 – This bill modifies the process for setting aside convictions, dismissals, and guilty except for insanity judgments. The bill also modifies when the court is required to hold a hearing on and grant motions to set aside. This bill moved to the House Rules Committee on February 15, 2024.
  • SB 1576 – This bill is an omnibus Senate Judiciary Committee bill addressing a number of issues including recreational immunity and probate courts in several Central Oregon counties. SB 1576 is currently in the Senate Judiciary Committee and has a work session schedule on February 19, 2024.
  • SB 1595 – This bill increases the number of exemptions from garnishment and execution and modifies provisions relating to unfair debt collection practices. SB 1595 passed out of the Senate Committee on Labor and Business on February 14, 2024 and out of the Senate Finance and Revenue Committee on February 15, 2024 and is now in the Ways and Means Committee.

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Oregon Judicial Department Requests Three New Judicial Positions

This session the Oregon Judicial Department introduced one bill, SB 1541. This bill would add three additional judicial positions to districts around Oregon.

Specifically, the bill would add one additional position each in Jackson and Washington Counties effective July 1, 2024, and one position in Clackamas County effective July 1, 2025. These specific counties were recommended by the Oregon Judicial Department. Each of these counties has experienced significant growth in the last decade, and each county would benefit from an increase in the number of judges.

Oregon State Bar Board of Governors member Tomás Hernandez testified in support of the new positions before the Senate Judiciary Committee at the bill’s initial hearing. The bill moved out of the Senate Judiciary Committee on February 8, 2024, and is now in the Ways and Means Committee awaiting further action.

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How to Track Proposed Legislation

The Public Affairs Program is available to assist OSB sections and committees with tracking proposed legislation. If a section or committee has already identified specific bills to follow, please contact Matt Shields in Public Affairs at [email protected] to ensure that legislation is included in the section’s bill-tracking list.

As bills are introduced, Public Affairs staff review all proposed legislation and refer specific bills to groups that may be interested in the subject. Because this is a short legislative session, the majority of bills were publicly posted on February 1, 2024, and are now available for review.

Once a section or committee has identified which bills to follow, those bills are input into the group’s bill-tracking page. Each group has its own page on the Public Affairs webpage. This will enable each group to receive updates and to review changes to any legislation that a group has expressed an interest in following.

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OSB President’s Reception

On February 22, OSB President Dave Rosen and the OSB Board of Governors will host a legislative reception for legislators and bar members. The reception will be hosted in coordination with Chief Justice Meagan Flynn and the Supreme Court Council on Inclusion and Fairness.

The reception will be held at the Salem Convention Center from 5:30 to 7:30 pm on February 22.

The annual President’s Reception is a great opportunity for legislators, the Board of Governors, and bar members to discuss the bar’s legislative agenda and show support for our judicial system.

OSB members who are interested in attending the reception should RSVP here or by contacting Cassandra Dyke at 503-431-6386.

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OSB Law Improvement Legislative Proposals for 2025 Due April 1

Every other year, during the legislative session held in an odd-numbered year, the OSB has the opportunity to introduce a package of law improvement legislation, which includes bills proposed by OSB sections and committees. These proposals often address mistakes in statute or amend laws to conform to court decisions or changing court practices.

Additional information on the OSB’s Law Improvement Program can be found on the OSB website.

OSB sections interested in proposing legislation for the 2025 legislative session have an April 1, 2024 deadline to provide those proposals to the OSB Public Affairs Department. Sections are limited to no more than three proposals, and each must be approved by the section executive committee.

Sections that are currently exploring making such a proposal should contact Amy Zubko at [email protected] for more information.

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Dates of Interest

February 22 – OSB President’s Reception at the Salem Convention Center.

March 10 – Constitutional sine die: The legislature must adjourn by this date.

March 12 – Filing deadline for the 2024 election.

April 1 – Deadline for OSB sections to propose legislation for the 2025 session.

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Archives

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Thank you for reading the Oregon State Bar’s CAPITOL INSIDER.
The archives are available here.

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Legislative Concepts Shared with Interim Committees During January Legislative Days

Last week the Legislature met over three days to discuss the upcoming legislative session.  Meetings were held on January 10^th, January 11^th, and January 12^th. Topics of discussion touched on a number of policy issues, from proposals to fund wildfire protection to discussion regarding Ballot Measure 110. While the Senate did not hold a floor session, legislators were busy with full days of committee meetings and a deadline to submit proposed legislation for the 2024 Legislative Session by Friday, January 12 at 5:00 p.m. Because of the threat of inclement weather, the third day of the January Legislative Days was held, in part, remotely to allow legislators, staff, and members of the public to avoid potentially dangerous travel conditions.

During Legislative Days, there were a number of opportunities for legislators to share their proposed legislative concepts. Similar to previous short sessions, legislators are limited, for the most part, to introducing two bills, and committees are limited to introducing three bills. While many concepts were shared during the hearings, not all proposals were discussed during Legislative Days and additional concepts may be introduced in the coming weeks. The Oregon Legislative Information System (OLIS) is expected to be updated with the concepts, organized by bill number, before the first day of the session on February 5, 2024.

For those interested in reviewing the legislative concepts prior to the legislative session, many of the concepts from both committees and legislators have been shared as part of the committee materials for a hearing held on a specific date. Until OLIS is updated, these concepts can be found posted under the “Meeting Materials” tab under each committee’s meeting date. For example, to find proposed concepts under the House Judiciary Committee, visit the Interim House Judiciary Committee meeting page on January 12, 2024, which can be found here. Legislative Concepts are labeled “LC.”

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Senate and House Judiciary Committee Members Announced for 2024 Legislative Session

The membership of the 2024 House and Senate Judiciary Committees was announced in the new year. With the exception of former Representative Lily Morgan, who has stepped down from the legislature, and  Representative Dwayne Yunker, who was appointed to complete her term, the membership on the committees remains the same.

Senate Judiciary Committee

Chair Senator Floyd Prozanski

Vice-Chair Senator Kim Thatcher

Senator Sara Gelser Blouin

Senator Dennis Linthicum

Senator James Manning Jr.

House Judiciary Committee

Chair Representative Jason Kropf

Vice-Chair Representative Tom Andersen

Vice-Chair Representative Kim Wallan

Representative Janelle Bynum

Representative Farrah Chaichi

Representative Charlie Conrad

Representative Rick Lewis

Representative Lisa Reynolds

Representative Thuy Tran

Representative Dwayne Yunker

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Interim Senate and House Judiciary Meet Jointly During January Legislative Days

During the January Legislative Days, the Interim House and Senate Judiciary Committees met jointly on Friday afternoon. Because of the weather, the committees met remotely. During the hearing, each committee voted to introduce their committee bills. In addition, the committees held a number of informational hearings on issues of interest.

The Interim Senate Judiciary Committee voted to introduce three bills. The legislative concepts include:

• • LC 218 – Relating to construction agreements
  • LC 228 – Relating to civil matters (see “Summary of Committee Legislative Concepts for 2024” in Meeting Materials for more information)
    • Consumer Data Privacy
    • Privacy protections for minors’ personal injury settlements
    • Temporary adjustments to the recreational immunity statutes
  • LC 202 – Relating to public safety
    • Designates abuse of a corpse that involves sexual activity as a sex crime
    • Clarifies that humane special agents are considered law enforcement officials for driver licenses and identification cards.

The Interim House Judiciary Committee voted to introduce three bills as well. The legislative concepts include:

• • LC 224 – Relating to cannabis
  • LC 256  – Relating to fingerprint retention
  • LC 260 – Relating to the Sexual Assault Task Force

During the hearing there were a number of informational hearings as well. Topics included:

• • Property tax foreclosure in light of the Tyler v. Hennepin County decision
  • A report from the Commission on Statewide Law Enforcement Standards of Conduct and Discipline
  • Parole reform
  • Senate Bill 337 – update on the Public Defense Crisis Plan

To review the materials, go to either the Interim House or Senate Judiciary Committee meeting held on January 12, 2024. To watch the hearing, click on the blue triangle surrounded by a circle in the upper left-hand side of the screen.

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Public Defense Services Commission is now Oregon Public Defense Commission

As of January 1, 2024, the Public Defense Services Commission has become the Oregon Public Defense Commission. Under Senate Bill 337, the Commission, made up of recommendations from the Senate President, the Speaker of the House, the Governor, and the Chief Justice, and appointed by the Chief Justice, will provide oversight of Oregon’s public defense system as it moves to its new structure. The Commission membership includes:

Oregon Judicial Department appointees:

• • Rob Harris
  • Susan Mandiberg
  • Judge Robert Selander (Retired)

Governor appointees:

• • Alton Harvey
  • Adrian “Addie” Smith
  • Jennifer Parrish Taylor

Senate President appointee:

• • Tom Lininger

House Speaker appointee:

• • Jennifer Nash

Joint House and Senate appointees:  

• • Peter Buckley

Nonvoting members:

• • Representative Paul Evans
  • Senator Floyd Prozanski
  • Brook Reinhard
  • Jasmine Wright

The Commission’s first meeting was held on January 5, 2024.

During Legislative Days, the Commission presented information to a number of committees on the transfer of responsibilities to the new structure, an update on the unrepresented persons crisis, administrative and operational projects including a case and financial management system, and a budget rebalance for the 2023–2025 biennial budget.

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Memorial for Edwin Peterson, retired Chief Justice of the Oregon Supreme Court, on February 5, 2024

Edwin Peterson, former Chief Justice on the Oregon Supreme Court, passed away on December 2. Justice Peterson served on the court from 1979 to 1993 and was the chief justice from 1983 to 1991. During his time on the court, Justice Peterson led the court’s efforts to organize the state court system under a statewide administrative structure, including development of uniform, statewide trial court rules to be used in all circuit courts, adoption of an electronic case management system, and statewide time standards.

He received numerous state and national awards for his work on diversity, professionalism, and court administration. Peterson was the first recipient of the Oregon State Bar Edwin J. Peterson Professionalism Award in 2003. In 1998 he was awarded the Lewis F. Powell, Jr. Award for Professionalism and Ethics by the American Inns of Court, which was conferred at the U.S. Supreme Court.

Justice Peterson is survived by his wife, Anna Peterson, and two grown children. A memorial service will be held on February 5, 2024, at 11:00 a.m. at St. Paul’s Episcopal Church, 1444 Liberty Street SE, Salem.

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Update on File and Serve Electronic Service

The electronic filing vendor for Oregon’s circuit courts and the Oregon Tax Court, Tyler Technologies, has changed how individuals who are served through File & Serve access documents. Previously, after the court accepted a document, File & Serve would send the individuals served by the filer an email with a direct link to the filed document. Now, after the court accepts a document, File & Serve will send an email that includes a field that requires the individuals served by the filer to enter their email address before they can download the document.

This is a recent change, and we are still gathering more information from our vendor. If you encounter issues, please contact Tyler Technologies’ support team https://odysseyfileandserve.zendesk.com/hc/en-us/requests/new. If, after contacting Tyler Technologies’ support team, you still have questions or concerns, please reach out to Sam Dupree at [email protected]; or (971) 283-1133.

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Archives

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Gearing Up for the 2024 Legislative Session

The 2024 Legislative Session is fast approaching. While the session will formally open on February 5, 2024, bills must be filed with the Secretary of the Senate or the Chief Clerk of the House by January 8, 2024 and pre-session Organizational Days are scheduled for the first full week of January.

Legislative sessions held in even-numbered years are short, lasting no more than 35 calendar days and are traditionally focused on budget issues and outstanding policy issues from the previous legislative session. This year the short session will end on March 10, 2024 and the first deadline for moving legislation through the process falls on February 12, 2024, just seven days after the opening of session. Because of the limited amount of time, it can be difficult to pass legislation that has not been worked out prior to the beginning of session.

The Governor shared her priorities for the session including $600 million for housing and homelessness, $19 million to the Oregon Department of Transportation to cover a budget shortfall, and a discussion of education funding.  Other areas of focus may include behavioral health, community corrections, and Ballot Measure 110.

With a few exceptions, the bar has not sponsored legislation during a short session in an even-numbered year. However, just as it has in years past, the bar will monitor proposed legislation and react as necessary.

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Board of Governors adopts OSB 2024 Priorities and Guidelines

This fall, the Oregon State Bar’s Board of Governors adopted its legislative priorities for 2024. The priorities stem in part from the actions of the House of Delegates and the resolutions passed during the annual meeting in October.

At its November meeting, the Oregon State Bar Board of Governors adopted priorities for the 2024 legislative session:

• • Support stable funding for Oregon’s courts.
  • Support civil and immigration legal services for lower income Oregonians.
  • Partner with stakeholders in support of a healthy and functioning justice system for all Oregonians, including a robust public defense system.

In addition, the Board of Governors adopted the 2024 Legislative Guidelines which can be found here.

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2025 OSB Law Improvement Program

Is your section or committee interested in the legislative process? Is there a statutory fix that needs to be made? It may feel like the 2023 legislative session just ended, but it’s time to start planning for the 2025 legislative session. The Oregon State Bar Law Improvement Program (LIP) is an avenue for Bar sections and committees to participate in the legislative process. Law improvement legislation includes proposals to clarify statutory ambiguities, to modify unforeseen glitches in major legislation passed in previous sessions, and to codify case law as necessary. In 2023, Bar members successfully advocated to update the process for notices of appeal, updated the Uniform Voidable Transfer Act, and updated statutory language for the licensed paralegal program.

The Public Affairs Committee (PAC) of the Board of Governors oversees the Bar’s legislative activities and establishes priorities on public policy issues important to the legal profession. The PAC, chaired by Gabe Chase in 2023 and Curtis Peterson in 2024, is made up of eight members of the Board of Governors.

If your Bar group intends to propose legislation for the 2025 legislative session, proposals should be submitted to the PAC through the Public Affairs Department by April 1, 2024, for review, approval, and potentially pre-session drafting and filing. Bar legislative activities involve the regulation of the legal profession or the improvement of the quality of legal services available to the people of Oregon.

If a section or committee has questions about the LIP program or is interested in submitting a legislative concept for consideration, please contact Susan Grabe ([email protected]) or Amy Zubko ([email protected]).

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Effective Date of Legislation from the 2023 Legislative Session

In Oregon, the default effective date for a bill that passes the legislature and is signed by the Governor is January 1. Legislation that passed during the 2023 legislative session without a specifically noted effective date in the text of the legislation will go into effect next week, on January 1, 2024.

Information on bills can be found in the Oregon Legislative Information System. For bills passed during the 2023 Legislative Session, click on the “Bills” icon in the upper right hand corner and enter the bill number. For a quick analysis of legislation tracked by the Oregon State Bar, look for the 2023 issue of Legislation Highlights, published this fall and available on the bar’s website.

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Dates of Interest 

Organizational Days	January 10 – 12, 2024
First Day of Legislative Session	February 5, 2024
Revenue Forecast	February 7, 2024
Constitutional End of Legislative Session	March 10, 2024
Filing Deadline for 2024 General Election	March 12, 2024

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Senate Interim Committee Membership Announced 

The Oregon Senate published its 2023–2024 interim committee assignments for legislators. The list, which can be found here, include assignments to many of the committees that historically have reviewed bar legislation, including the Senate Judiciary Committees and the Ways and Means Public Safety Subcommittee. House committee assignments are expected to be published in the coming weeks.

Senate Interim Judiciary Committee

• • Floyd Prozanski, Chair
  • Kim Thatcher, Vice Chair
  • James Manning, Jr.
  • Dennis Linthicum
  • Sara Gelser Blouin

Joint Interim Committee on Ways and Means Interim Subcommittee on Public Safety

• • Janeen Sollman, Co-Chair
  • David Brock Smith
  • Chris Gorsek

Committee assignments for the legally trained legislators are posted on OLIS, click on the name of the legislator below. House interim committee assignments are expected to be published in the coming weeks.

• • Senator Floyd Prozanski (District 4 – Parts of Douglas and Lane Counties)
  • Senator Kate Lieber (District 14 – Beaverton)
  • Speaker Dan Rayfield (District 16 – Corvallis)
  • Representative Kim Wallan (District 6 – Medford)
  • Representative Tom Andersen (District 19, Salem)
  • Representative Kevin Mannix (District 21 – Salem)
  • Representative Ken Helm (District 27 – Washington County)
  • Representative Nathan Sosa (District 30 – Hillsboro)
  • Representative Emerson Levy (District 53 – Deschutes County)
  • Representative Jason Kropf (District 54 – Bend)

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House of Delegates Will Meet on October 27, 2023

The annual House of Delegates (HOD) meeting provides Oregon lawyers the opportunity to approve increases to annual licensing fees, approve changes to the Oregon Rules of Professional Conduct, modify or rescind actions of the Board of Governors, and direct the Board of Governors in future actions.

This year, the HOD is scheduled to meet on October 27, 2023. On July 29, 2023, the Oregon State Bar held an orientation meeting (https://www.osbar.org/leadership/hod/meeting.html). The HOD includes approximately 240 members elected from the bar licensees. To meet quorum requirements, at least 50% plus 1 will need to attend.

Proposed resolutions are due to the Oregon State Bar by September 12, 2023, at 5:00 p.m.

For more information on the HOD meeting, the proposed resolutions, and reports from the Board of Governors, please visit the Oregon State Bar’s HOD webpage (https://www.osbar.org/leadership/hod/).

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2023 Legislation Highlights to be Published this Fall

This fall the Oregon State Bar will be releasing the 2023 Oregon Legislation Highlights.

Each year, the bar produces a book detailing many of the more significant bills passed by the legislature during the recently completed session. Bill summaries are arranged by topic, allowing lawyers to easily review those that may be relevant to their practice. Summaries are authored by volunteer attorneys who are experienced in the area of law on which they are writing, and often include useful practice tips for lawyers who are working with the new laws. Legislation Highlights is available free online for bar members through BarBooks. Editions from previous years are also available and can be an invaluable tool for a lawyer researching past legislation. If you have any questions or need more information about the 2023 Legislation Highlights, please contact OSB Public Affairs.

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Courthouse Construction Investments Continue in 2023-2025 Legislative Session

This session, the legislature continued to provide bonding authority for the renovation or replacement of Oregon’s courthouses. This project, which has been ongoing for more than a decade, is a partnership between the Oregon Judicial Department, the Oregon Legislature, and the counties where the courthouses are located. This biennium, the legislature provided bonding authority and a state match for a number of counties to move forward with their courthouse plans.

Four courthouses received bonding authority to replace their existing courthouses. The four courthouses are located in Clackamas, Morrow, Curry, and Benton Counties. In addition, two courthouses, in Deschutes and Columbia Counties, received bonding authority for renovations. For each of these courthouses, the county will provide matching funds to support the cost of the project.

In addition to the state bonding authority, three counties received one-time federal funding from the American Rescue Plan Act for renovations or replacement planning. The three counties are Harney, Umatilla, and Hood River.

 

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Legislators Return for Floor Votes

This legislative session, after approximately six weeks of failing to meet the quorum requirements because of a Senate Republican and Independent walkout, ended in a flurry of votes over the last eight days. While the Senate had been unable to vote bills off the floor and through their chamber, committee meetings had continued throughout the six weeks, allowing many bills to move through the process. Bills of interest that had been sitting in the backlog in the Senate included:

Senate Bill 11: Requires certain executive department boards or commissions that conduct public meetings through electronic means to record and promptly publish recording on website or hosting service so that public may observe or listen to meetings free of charge.

Senate Bill 428: Modifies pay equity requirements for employers. Removes certain provisions relating to obligations, rights and remedies under pay equity laws. Makes conforming amendments. Declares emergency, effective on passage.

Senate Bill 619: Permits consumers to obtain from controller that processes consumer personal data confirmation as to whether controller is processing consumer’s personal data and categories of personal data controller is processing, list of specific third parties to which controller has disclosed consumer’s personal data or any personal data and copy of all of consumer’s personal data that controller has processed or is processing.

Senate Bill 807: Provides procedure whereby elected judge may challenge party, attorney, law firm, district attorney’s office, defense consortium or public defender’s office that files motions to disqualify judge that effectively deny judge assignment to criminal or juvenile delinquency docket.

Each of these bills successfully passed out of the legislature and are headed to the Governor’s desk for her signature.

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Public Defense Restructure Passes Legislature

Senate Bill 337, the bill to restructure the public defense system in Oregon, passed out of the Senate and House in the waning days of session. The bill, which included funding for a number of components of the new Oregon Public Defense Commission (OPDC), will have a staggered implementation. Dates of interest include:

2023

• • Takes effect upon passage.
  • Requires the development and implementation of a “coordinated public safety unrepresented defendant crisis plan” by September 1, 2023.
  • Requires the Oregon Criminal Justice Commission to report back to the legislature on the plans by October 1, 2023.

2024

• • Modifies the OPDC appointment process beginning January 1, 2024.
  • Requires the OPDC to hire trial-level attorneys beginning January 1, 2024.
  • Requires the OPDC to promulgate and enforce standards, provide oversight, collect data, and report back to the legislature beginning January 1, 2024.

2025

• • Abolishes the Office of Public Defense Services on January 1, 2025.
  • Transfers the OPDC from the Judicial Branch to the Executive Branch on January 1, 2025.
  • Requires the OPDC to contract directly with attorneys as of July 1, 2025.
  • Disallows incentives or disincentives that may interfere with effective assistance of counsel as of July 1, 2025.
  • The OPDC and the Executive Director serve at the pleasure of the Governor from January 1, 2025, to July 1, 2027.

2027

• • Prohibits subcontracting, with the exception of nonprofits, as of July 1, 2027.
  • The Executive Director serves at the pleasure of the voting members of the OPDC beginning July 1, 2027.
  • OPDC members may be removed from office by the Governor only for inefficiency, neglect of duty, or malfeasance in office beginning July 1, 2027.

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How a Bill Becomes a Law

On Sunday, June 25, 2023, the House and Senate adjourned sine die and the legislative session closed. After the legislature adjourns, there are still a few steps each piece of legislation needs to complete.

Governor’s Signature. During the legislative session, the Governor has five days (including holidays but excluding weekends) to veto whole bills or “single items in appropriation bills.” Or Const, Art V, §§ 15a, 15b(3). For bills that are passed in the last five days of session, the Governor has 30 days (including holidays but excluding weekends) to veto a bill. A bill may pass without the Governor’s signature. If the 30 days have passed and the Governor has not vetoed the bill, it is presumed signed. Or Const, Art V, § 15b(3).

Effective Date. In Oregon, the default effective date for a bill is January 1 of the following year. ORS 171.022. See generally Or Const, Art IV, § 28 (without an emergency clause, a bill cannot take effect until 90 days “from the end of the session”). This session, a bill without a specifically noted effective date in the text of the legislation will have an effective date of January 1, 2024.

Some bills, many of them from the legislature’s budget committee, the Joint Ways and Means Committee, will have an emergency clause. An emergency clause makes the bill effective upon passage, that is, when either the Governor proactively signs the bill or either 5 or 30 days have passed and the bill was not vetoed.

Other bills, for example, bills that raise revenue, can have an effective date of 91 days after sine die.

The fourth option is to have a specific effective date identified within the text of the bill. In some circumstances, different sections of a bill will have different effective dates. Also, some bills will have both an effective date and an operative date. In many circumstances, this is used to allow state agencies the opportunity to develop administrative rules.

Resources. Information on a bill can be found in the Oregon Legislative Information System. For bills passed during the 2023 Legislative Session, click on the “Bills” icon in the upper right-hand corner and enter the bill number. For a quick analysis of legislation tracked by the Oregon State Bar, look for the 2023 issue of Legislation Highlights, which will be published this fall.

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Upcoming Dates of Interest 

• • Wednesday, October 25, 2023. Celebrate Oregon Lawyers (The Sentinel Hotel, 5:00 – 7:00 pm).
  • Friday, October 27, 2023. House of Delegates Meeting (Oregon State Bar, 9:00 am).

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Public Defense Bills Pass Out of Committee

On June 9, the Joint Ways and Means Committee passed out two bills addressing Oregon’s public defense system. The first, SB 337, included a restructure of Oregon’s public defense commission. The second, SB 5532, is the budget bill for the new commission.

An overview of the changes made by SB 337 can be found in the previous Capitol Insider here. In addition, the bill was amended during a subcommittee committee meeting on June 6. Earlier this session, SB 1093, which creates regional task forces to address the unrepresented persons crisis, received a public hearing in the Subcommittee on Public Safety. This proposal was amended into SB 337 during the hearing on the 6th.

Under the amendment, the presiding judge of each judicial district with a population over 100,000 is charged with creating a crisis team made up of the presiding judge, district attorneys, and the public defense services executive director or designee, to create a “coordinated public safety unrepresented defendant crisis plan” to submit to the Oregon Criminal Justice Commission. A report is due back to the legislature in the fall of 2023.

SB 5532, the public defense budget bill, provides $535.5 million for the public defense commission for the 2023–2025 biennium. This is a total funds increase of 14.8 percent over the 2021–2023 legislatively approved budget.

Among other investments and technical adjustments, the bill includes new or continued investments to address the following:

• • caseload adjustments;
  • unrepresented defendant/person crisis;
  • nonunanimous jury convictions;
  • conversion of limited duration to permanent positions;
  • the costs of county discovery costs.

In addition to the funding included in the budget, the public defense commission has been directed through three Budget Notes (page two of document) to do the following:

• • Comprehensive Remediation Plan – report back to the legislature on the commission’s restructuring and modernization efforts.
  • Quality Measurement Plan – develop a quality measurement plan for public defense and associated Key Performance Measures and Indicators.
  • Internal Audit Function – report back to the legislature on internal audits, audits of provider contracts, and audit plans for the 2023–2025 biennium.

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End of Session Policy Packages Moving through Ways and Means Committees

This session, because of the Senate’s inability to reach quorum and vote during floor sessions, a number of legislative priorities have been repackaged into policy packages within a bill focused on a single overarching subject matter. The legislature has created five separate bills focused on housing, water resources, health care, climate, and economic development. Each bill contains a number of legislative concepts.

• • HB 3124 – Requires Water Resources Department to study drought. This bill has been assigned to the Subcommittee on Natural Resources but has not yet been scheduled for a hearing or work session.
  • HB 3395 – Requires Housing and Community Services Department to study housing. This bill is scheduled for a work session in the Subcommittee on Capital Construction on June 9, 2023.
  • HB 3396 – Requires Oregon Health Authority to study access to health care in Oregon. This bill is scheduled for a public hearing and work session in the Subcommittee on Capital Construction on June 9, 2023.
  • HB 3409 – Requires Department of Environmental Quality to study climate. This bill passed out of the Subcommittee on Natural Resources on June 8, 2023.
  • HB 3410 A – Appropriates moneys to Higher Education Coordinating Commission for distribution for purposes related to outdoor recreation economy. This bill moved out of the full Ways and Means Committee on June 2, 2023 and passed the House on June 8, 2023.

Of the five bills, two have been voted out of the subcommittee and two are scheduled for review in the subcommittee on Capital Construction on June 9, 2023. The Legislative Fiscal Office (LFO) has provided an index of programs within each bill that has been scheduled and the identified funding. To review the document, go to the bill link and then the “Analysis tab” on the ribbon. The LFO document will be accessible under that tab.

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Legislature Introduces Bill to Create Independent Public Service Compensation Commission

On June 6, 2023 the Senate Rules Committee introduced Legislative Concept (LC) 4412 to create the Independent Public Service Compensation Commission. If passed, the commission will be tasked with determining the salaries of public elected officials including:

• • Governor
  • Secretary of State
  • State Treasurer
  • Attorney General
  • BOLI Commissioner
  • Oregon Supreme Court Justices
  • Oregon Judges
  • State Senators
  • State Representatives

The proposed commission is limited and may not include officers or employees of the State of Oregon, lobbyists, and their immediate family members. The legislature may add additional criteria for commission membership. Under the proposal, funding for the salaries for the public officials will be drawn from the state’s General Fund based on the recommendations of the commission. If passed, LC 4412 is a constitutional amendment and will be referred to the ballot for consideration.

This session the Oregon Judicial Department introduced SB 233 to increase judicial compensation for trial and appellate court judges in Oregon. The bill is currently in the Joint Ways and Means Committee and has not been scheduled for a public hearing or work session.

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