November 22, 2019

House of Delegates Votes to Support Funding for Civil Low-Income Legal Services, Court System, and Indigent Defense

On November 1, 2019, the House of Delegates met at the Oregon State Bar Center for their annual meeting. In attendance were 130 delegates who voted on a variety of proposals, including an amendment to Oregon Rule of Professional Conduct 7.2 that would allow nominal gifts and a new fee structure for bar licensing fees.

In addition, the House of Delegates voted overwhelmingly in support of adequate funding for low-income civil legal services, the Oregon Judicial Department, and indigent defense.

Beginning in 2005, the House of Delegates has voted in support of funding for low-income civil legal services every year. As stated in section 1.2 of the OSB Bylaws, the “mission of the Oregon State Bar is to serve justice by promoting respect for the rule of law, by improving the quality of legal services and by increasing access to justice.” One of the three main functions of the Bar is to “advance a fair, inclusive, and accessible justice system.” OSB Bylaw § 1.2.

This year, Danny Lang, a delegate from Region 3, submitted a resolution in support of funding for the Oregon Judicial Department. This resolution encouraged all members of the Oregon State Bar to share the need for adequate funding for the judicial branch with legislators to ensure access to justice. The motion passed.

Since 2011, the Oregon State Bar has been working through the Citizens Campaign for Court Funding in support of funding for the Oregon Judicial Department. For more information on the program, please visit the website.

Delegate Resolution No. 5 in support of public defense referenced the findings of Sixth Amendment Center, which determined that “Oregon’s fixed-fee contract system pits appointed counsels’ financial self-interest against the due process rights of their clients.” The resolution, which passed, encouraged the Oregon State Bar and staff to continue to participate actively and work to obtain adequate resources and appropriate caseload standards.

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Joint Judiciary Committee Meets to Discuss Public Defense Services Commission

This week, the House and Senate Interim Judiciary Committees met jointly to discuss a variety of issues including Juvenile Detention Guidelines, the implementation of Senate Bill 24 (2019), and an update from the Office of Public Defense Services (OPDS).

During the 2019 legislative session, the legislature reserved $20 million for the OPDS through a special purpose appropriation (SPA) in House Bill 5050 (2019). Part of that funding, if released, is expected to be used in part to fund a new contracting model. Funds are also expected to be used to help ensure financial accountability and quality assurance. The Joint Committee on Ways and Means will meet during the February 2020 legislative session.

For additional information, please see the meeting materials published online at the Oregon Legislative Information Services (OLIS) website: https://olis.leg.state.or.us/liz/2019I1/Committees/SJUD/2019-11-20-14-00/MeetingMaterials.


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Mandatory Abuse Reporting for Lawyers CLE at the Capitol

On November 19, 2019, the House and Senate Interim Judiciary Committees and the Oregon State Bar hosted Mandatory Abuse Reporting for Lawyers CLE at the Oregon State Capitol. Linn Davis, manager of the Oregon State Bar’s Client Assistance Office and assistant general counsel, presented an updated CLE to legislators, staff, and practitioners. The 1-hour CLE met the requirement for abuse reporting for Oregon lawyers who are required to report in 2019. The CLE was recorded and is available for playback through the Oregon Legislative Information System under “News Conferences and Non-Legislative Events”. To find the CLE, go to November 19, 2019, and look for the title of the CLE.


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Save the Date — December 6, 2019, Ethics CLE at the Capitol

On December 6, 2019, the House and Senate Interim Judiciary Committees and the Oregon State Bar will present Lawyers at the Crossroads: Government Ethics and the Rules of Professional Conduct CLE. Amber Hollister, general counsel for the Oregon State Bar, and Dan Gilbert, senior deputy legislative counsel for the Oregon State Legislature, will present from 12:00 to 1:00 pm in the Oregon State Capitol, Hearing Room E. Registration is not required. The CLE will be recorded and available for playback through the Oregon Legislative Information System under “News Conferences and Non-Legislative Events”.

If you have any questions, please contact Amy Zubko at [email protected].

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Archives



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

2019 Public Affairs Committee Members


Eric Foster, Chair
Eddie Medina, Vice Chair
Whitney Boise
John Bachofner
Kate Denning
Kamron Graham
Bik-Na Han
Michael Rondeau 

Public Affairs Department


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney
Matt Shields, Public Affairs Staff Attorney
Kellie Baumann, Public Affairs Assistant

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October 24, 2019

House of Delegates to Meet on November 1, 2019

The annual House of Delegates meeting is scheduled for 10:00 a.m. on November 1, 2019, at the Oregon State Bar. This year the proposed resolutions include:

      • establishment of a new fee structure with discounts based on income, rather than years of practice;
      • amendment of Oregon Rule of Professional Conduct 7.2 to specifically allow for the exchange of nominal gifts;
      • relocation of the Oregon State Bar to Salem;
      • study of the risk of machine-manipulated media on litigation and other judicial proceedings in Oregon; and
      • support adequate funding for the courts and for civil and criminal legal services for low-income Oregonians.

In addition, Christine Costantino will deliver the report of the President, and Chief Judge James Egan from the Oregon Court of Appeals will deliver the report from the court. David Wade, chair of the BOG Budget and Finance Committee, will report on the committee and provide notice of the 2020 annual bar fees, including the need for an increase of the Client Security Fund assessment from $15 to $50 in 2020.

For more information on the House of Delegates meeting, the proposed resolutions, and reports from the Board of Governors, please visit the Oregon State Bar’s House of Delegate webpage. Any questions, please contact Cassandra Dyke by email at [email protected].

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Oregon Law Commission Meets at the University of Oregon School of Law

On October 18, 2019, the Oregon Law Commission (OLC) held its met at the University of Oregon School of Law. The OLC is tasked by the Legislature to “conduct a continuous program of law revision, reform, and improvement.” Over the last 22 years, the OLC has undertaken law revision projects requiring a long-term commitment and an impartial approach, including: probate modernization, adoption records, collateral consequences, receivership, UCC Article 9 and the Uniform Trust Code.

The Commission currently has five work groups that are either active or in development.

      • LLC Modernization
      • Notarial Acts
      • Direct Criminal Appeals
      • Collaborative Law
      • E-Hearsay

In addition, the Commission received a new project proposal addressing “Dissolution Proceeding Definitions and Allocation of Parental Decision Making.” The Commission will consider the new proposal at its next Commission meeting.

If you have questions about the Commission or the work it has done, please contact Sandy Weintraub at [email protected] or (541) 346-0042.

Chair, P.K. Runkles-Pearson. Photo Credit: Anna Johnson.

Commissioner Senator Floyd Prozanski. Photo Credit: Anna Johnson.

(Counterclockwise from R): Debbie Thurman, Judge Stephen Bushong, Mark Comstock, Justice Rebecca Duncan, P.K. Runkles-Pearson (Chair), Sandy Weintraub, Christina Obold Eshleman, and Madeline Lorang. Photo Credit: Anna Johnson. 


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Update from the Oregon Council on Court Procedures

The Oregon Council on Court Procedures is the Oregon public body that is most directly involved in creating, reviewing, and amending the Oregon Rules of Civil Procedure (ORCP) that govern procedure and practice in all Oregon circuit courts. The 2019–2021 biennial work cycle began in September and the Council will be meeting the second Tuesday of every month for the next several months.

The Council, which is housed at Lewis and Clark Law School, recently updated its website (link above) to provide greater accessibility and transparency. The work of the Council, including updates to each rule, is now searchable by biennium or by rule. Once approved, agendas and minutes for the current biennium’s council are posted as well.

Over the next two years, the Council will consider proposed rule changes, and, if deemed necessary, submit the updated ORCPs to the Legislature as part of the 2021 legislative process. Proposed rule changes may arise from developments in case law, new state or federal legislation, technological developments, or changes in the practice of law.

If you have questions about the Council or the work it has done, please visit https://counciloncourtprocedures.org, or contact Council staff at [email protected].


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2021 Legislative Session . . . It Will Be Here Sooner than You Think

Preparations for the 2021 legislative session have begun. Workgroups are meeting, draft language is being discussed, and the Oregon State Bar’s Law Improvement Program will be assisting sections and committees to work their way through the legislative process.

The Oregon State Bar Law Improvement Program is an avenue for Bar sections and committees to participate in the legislative process. Law improvement legislation includes proposals to clarify statutory ambiguities, modify unforeseen “glitches” in major legislation passed in previous sessions, and codify case law as necessary. The deadline for submission to the Board of Governors is April 1, 2020. Proposals will be reviewed by the Public Affairs Committee of the Board of Governors during a legislative forum held in early May. For more information on the Law Improvement Program, please visit the OSB Public Affairs Department webpage.

Please contact Susan Grabe, Director of the Oregon State Bar Public Affairs Department, with questions at [email protected].

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CLEs in the Capitol: Mental Health in the Workplace

On October 14, 2019, Judge Gregory Silver from the Multnomah County Circuit Court and Vanessa Nordyke, past president of the Oregon State Bar, presented a CLE on Mental Health in the Workplace. The CLE fulfilled the new Mental Health/Substance Abuse MCLE requirement recently approved by the Oregon Supreme Court.

The CLE, which was co-sponsored by the Senate and House Interim Judiciary Committees and the Oregon State Bar, opened with an introduction from Senator Floyd Prozanski (D-Eugene), the current chair of the Senate Interim Judiciary Committee, and was attended by close to 40 practitioners. The CLE is also available on the Oregon State Legislature’s website .

The Judiciary Committees and the Oregon State Bar are currently planning to host a Child/Elder Abuse Reporting CLE on November 19, 2019 and an Ethics CLE in December. Additional information will be shared as dates are finalized. If you would like more information on future CLEs, please email Amy Zubko at [email protected].

Thank you to Judge Silver and Vanessa Nordyke for volunteering their time for this important CLE.

(from L): Senator Floyd Prozanski, Vanessa Nordyke, and Judge Gregory Silver.

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    Archives



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

    2019 Public Affairs Committee Members


    Eric Foster, Chair
    Eddie Medina, Vice Chair
    Whitney Boise
    John Bachofner
    Kate Denning
    Kamron Graham
    Bik-Na Han
    Michael Rondeau 

    Public Affairs Department


    Susan Grabe, Public Affairs Director
    Amy Zubko, Public Affairs Legislative Attorney
    Matt Shields, Public Affairs Staff Attorney
    Kellie Baumann, Public Affairs Assistant

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September 26, 2019

Oregon File and Serve Closed on Monday, September 30, 2019

On Monday, September 30, 2019, the Oregon Judicial Department will close OJD File & Serve for approximately 7 hours next week.

Chief Justice Walters signed Chief Justice Order 19-061, which closes File & Serve from 5:00 p.m. Monday, September 30 to 12:00 a.m. on Tuesday, October 1. This closure is necessary to update the system to reflect court fees modified by House Bill 3447 and take effect on October 1, 2019.

Closing filing hours early, since the filing day ends at 11:59:59 p.m., triggers ORS 174.120, which extends statutory time limitations to the end of the next day. Please be aware, therefore, that many deadlines that would have previously fallen on September 30 will now fall on October 1.

If you have additional questions about this closure, please contact your local court clerk for more information.


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New Court Filing Fees Take Effect October 1

During the 2019 session, the legislature passed HB 3447, which increased filing fees. The new fee schedule will take effect on October 1, 2019. The majority of fees impacted by the bill will increase by 6% from previous levels. Be sure to check for increased fees beginning on October 1.

As part of the process for implementing the new fee schedule, the OJD will be closing the File and Serve system at 5:00 p.m. on Monday, September 30. The system is scheduled to be down for 7 hours. The new fee schedule will also be available on the OJD website after that time.


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2020 and 2021 Legislative Concepts Discussed in Salem

Last week the 90 members of the legislature returned to Salem for the September Legislative and Task Force Days. While there were early discussions of a possible legislative special session addressing Senate Bill 1013, the Governor ultimately announced that a special session would not take place.

A number of potential concepts and issues for the 2020 and 2021 legislative sessions were discussed. During the meeting of the House and Senate Judiciary Committees on Wednesday, the committees held an informational hearing.  The agenda included the following topics:

      • Body cameras in Oregon
      • Community Corrections funding
      • Foote v. State (SC S065883
      • The Indian Child Welfare Act
      • Special Immigrant Juvenile Status
      • Improving developmentally disabled adults’ interactions with the Criminal Justice System
      • Wine labeling (Senate only)

The following day, the Attorney General’s Consumer Privacy Task Force held its inaugural meeting. The work group will explore a variety of issues including, but not limited to:

      • Use of biometrics
      • Right to correction
      • Special protections for minors

Use and protection of data by law enforcement, the medical community, and local and state government will be covered in other work groups. The Task Force, organized led by Oregon Department of Justice, aims to develop legislative concepts and language for the 2021 legislative session.

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Oregon Supreme Court Building to Close

Oregon’s historic Supreme Court building will close in November 2019 for an extensive renovation project. The building is expected to close for approximately two years, during which time major upgrades will be made to modernize the structure and ensure its long-term continued use.

Most offices currently located in the courthouse will be moved to other locations in Salem. Arguments in the Oregon Supreme Court and in the Oregon Court of Appeals will be heard at other venues, including at the Justice Building across the street.

For detailed information please visit the Oregon Judicial Department’s website.

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    2019 Legislation Highlights Will be Published in October

    This fall the Oregon State Bar will be releasing the 2019 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 other 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. Legislation Highlights can be a valuable tool to provide law practitioners keep up with the latest changes to Oregon law.

    If you have any questions or need more information about the 2019 Legislation Highlights, please contact the Bar’s Public Affairs Department.

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    Save the Date – October 14 Wellness/Mental Health CLE

    On October 14, 2019, the Senate and House Judiciary Committees will host a Wellness/Mental Health CLE (application pending) in Salem at the Oregon State Capitol. Vanessa Nordyke, past-president of the Oregon State Bar, will present the CLE in Hearing Room C from noon to 1:00 p.m.

    On January 1, 2019, the Oregon Supreme Court approved a new MCLE rule requiring one hour per reporting period on the subject of mental health, substance use, and cognitive impairment. This requirement replaced one of the general/practical skills credits. For those bar members who need to report their CLE credits by December 31, 2019, this CLE will meet the new requirement.

    If you have any questions or need more information about the Wellness/Mental Health CLE, please contact Amy Zubko at [email protected].

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    Archives



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

    2019 Public Affairs Committee Members


    Eric Foster, Chair
    Eddie Medina, Vice Chair
    Whitney Boise
    John Bachofner
    Kate Denning
    Kamron Graham
    Bik-Na Han
    Michael Rondeau 

    Public Affairs Department


    Susan Grabe, Public Affairs Director
    Amy Zubko, Public Affairs Legislative Attorney
    Matt Shields, Public Affairs Staff Attorney
    Kellie Baumann, Public Affairs Assistant

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August 6, 2019

Oregon State Bar Outreach on Oregon’s New Housing Laws

The Oregon State Bar recently partnered with Oregon Housing and Community Services to help landlords and tenants better understand recent changes to Oregon law, with a focus on SB 608. The Bar has developed written and video materials as well as hosted a seminar for members of the public. All legal information topics, including landlord–tenant law, can be found on the Oregon State Bar’s Public page.

On July 10, 2019, the Bar hosted a free seminar for the public, addressing the changes found in SB 608. Timothy Murphy from the Murphy Law Group and Troy Pickard from Portland Defender gave a 90-minute seminar geared toward educating residential landlords about legal changes to Oregon’s new landlord–tenant laws. A streaming video of the seminar “Legal Q&A: An Update to Landlord/Tenant Law in Oregon” is posted on the Bar’s website along with course materials.

The Bar has also produced shorter, issue-specific videos including:

These videos are in the process of being translated from English to Spanish, Chinese, Russian, and Vietnamese and should be available by the middle of the month. These can be found in the Legal Q&A Video Section or on the Landlord and Tenant Law page.

Finally, the Bar has created the pamphlet, “New Rules for Landlords”, which is currently available for download. This document is currently available in English, Spanish, Chinese, Russian, and Vietnamese.


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Governor Signals She May Veto 2019 Legislation

On August 4, 2019, Governor Brown announced that she is considering using her veto powers on legislation and spending provisions passed during the 2019  legislative session.

The Governor is considering vetoing HB 2437, which addresses the amount of materials that may be excavated from agricultural ditches without a state permit.

In addition, the Governor is considering three line-item vetoes:

      • A $4,000,000 appropriation for the City of Newport for planning, environmental permitting, and design costs of replacing the Big Creek Dams. (HB 5050, Sec. 82(1)(1)),
      • A $500,000 appropriation for the Association of Oregon Counties for urban growth boundary planning grants for eastern Oregon counties. (HB 5050, Sec. 115 (11)), and
      • A $5,000,000 transfer of funds from the Oregon Medical Board to the state’s General Fund for general government purposes. (HB 2377, Sec. 6)

Additional information on the proposed vetoes can be found on the Governor’s Media Room page. The final decision will be made on or before August 9, 2019.


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When a Bill Becomes a Law

On Sunday, June 30, 2019, the House and Senate adjorned 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 business days to veto whole bills or “single items in appropriation bills.” For bills that are passed in the last five days of session, the Governor has 30 business days 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. This year the Governor has until August 9, 2019 to issue a veto.

Effective Date. In Oregon, the default effective date for a bill is January 1 of the following year. This session, a bill without a specifically noted effective date in the text of the legislation will have an effective date of January 1, 2020.

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. This year, 91 days after sine die is September 29, 2019.

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, note that 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 2019 Legislative Session, click on the “Bills” icon on 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 2019 issue of Legislation Highlights, which will be published this fall.

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UTCR Updates Process for Debt Buyers and Debt Collectors

On August 1, 2019, changes to Uniform Trial Court Rule (UTCR) 5.180 and UTCR 15.030 went into effect. UTCR 5.180(2) places requirements on debt buyers and debt collectors acting on behalf of debt buyers. UTCR 5.180(3) places requirements on all other debt collection cases. UTCR 15.030 makes those requirements applicable to small claims debt collection cases. UTCR 5.180 and UTCR 15.030 are the result of recommendations made by the Oregon Civil Justice Improvements Task Force, which included judges, trial court administrators, attorneys from multiple disciplines and geographic areas across the state, representatives from the Oregon State Bar, and support staff from the Oregon Judicial Department. For additional information on the changes, go to the Oregon Judicial Department’s UTCR web page.

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    2019 Legislation Highlights to Be Published this Fall

    This fall the Oregon State Bar will be releasing the 2019 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 other 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 2019 Legislation Highlights, please contact the Bar’s Public Affairs Department.

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    Archives



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

    2019 Public Affairs Committee Members


    Eric Foster, Chair
    Eddie Medina, Vice Chair
    Whitney Boise
    John Bachofner
    Kate Denning
    Kamron Graham
    Bik-Na Han
    Michael Rondeau 

    Public Affairs Department


    Susan Grabe, Public Affairs Director
    Amy Zubko, Public Affairs Legislative Attorney
    Matt Shields, Public Affairs Staff Attorney
    Kellie Baumann, Public Affairs Assistant

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July 2, 2019

Oregon Judicial Department Budget Passes Legislature

In the waning days of the 2019 legislative session, the Senate and House passed the 2019–2021 budget for the Oregon Judicial Department. The budget, contained within Senate Bill 5513 and a number of other bills, provided funding to address many of the department’s needs.

Staffing – A priority for the Oregon Judicial Department this session has been the restoration of funding for staff positions throughout the state. Senate Bill 5513 restores funding for 80 vacant positions. In addition, the legislature approved nine new positions to support the implementation of SB 24 and SB 973. These two bills provide support and services for people with serious mental illness and substance addictions.

Judges – Under two of the end-of-session bills, HB 5050 and HB 2377, the legislature added two judgeships, one in Jackson County and one in Marion County with funding for support staff. Further, judicial compensation will be increased by $5,000 beginning on July 1, 2020.


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Legislature Provides Funding for Six Courthouse Projects

Since the 2011 legislative session, the Oregon Judicial Department and the Oregon Legislature have worked together to rehabilitate, update, and replace courthouses throughout the state. This biennium, the legislature provided bonding authority for five courthouses:

      • Lane County ($87.6 million)
      • Clackamas County ($31.5 million)
      • Linn County ($15.9 million)
      • Multnomah County ($8.5 million for furnishings)
      • Oregon Supreme Court Building ($27.8 million)

In addition, the legislature provided $2 million in General Fund dollars for planning for the new Benton County Courthouse.

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Legislature Creates New Funding Source for State Court Technology Fund

Since the implementation of Oregon eCourt, the Oregon Judicial Department and the Oregon Legislature have explored and utilized a variety of funding sources. These include civil filing fees and funds from the Criminal Fine Account, which are deposited in the State Court Technology Fund to fund the Oregon eCourt program.

Criminal Fine Account – Under HB 5029, just under $4 million are allocated to the State Court Technology Fund for Oregon eCourt. This is a 25 percent increase over the 2017–2019 approved legislative budget.

Increase in Filing FeesHB 3447 increases most civil filing fees by six percent. Examples include filing, motion, settlement conference, trial, document, and marriage solemnization fees. The increase in filing fees will go into effect on October 1, 2019. Almost $300,000 of the increase will be directed to the State Court Technology Fund this biennium with the remainder deposited into the state’s General Fund.

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    Legal Aid Receives First Increase in State Funding Since 2011

    Since 2011, funding for legal aid has been a static statutory allocation. At the beginning of the 2019 legislative session, the Oregon State Bar Board of Governors introduced SB 358 in support of civil legal-aid providers in Oregon. The goal of the bill was to increase the amount of state funding for civil legal-aid services and create a biannual funding increase.

    This year, after discussions with advocates and the co-chairs of the Joint Committee on Ways and Means, funding for civil legal-aid services was incorporated into the Oregon Judicial Department budget (SB 5513). As a result of moving civil legal-aid funding into the OJD budget, the Legal Services Program, which provides fiscal and regulatory oversight to Oregon’s civil legal-aid providers, will distribute approximately $400,000 in additional funding this biennium to legal-aid providers. This is the first increase in state statutory funding in almost a decade.

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    Thank You to the Citizens Campaign for Court Funding

    Throughout the legislative session, the Citizens Campaign for Court Funding, a coalition of lawyers, community members, nonprofits, and businesses located throughout Oregon, advocated for adequate funding for the Oregon Judicial Department.

    Thank you to everyone who contacted legislators, testified in Salem, and participated in the Oregon State Bar’s Day at the Capitol!

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    Archives



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

    2019 Public Affairs Committee Members


    Eric Foster, Chair
    Eddie Medina, Vice Chair
    Whitney Boise
    John Bachofner
    Kate Denning
    Kamron Graham
    Bik-Na Han
    Michael Rondeau 

    Public Affairs Department


    Susan Grabe, Public Affairs Director
    Amy Zubko, Public Affairs Legislative Attorney
    Matt Shields, Public Affairs Staff Attorney
    Kellie Baumann, Public Affairs Assistant

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June 27, 2019

Updates to Uniform Trial Court Rules

Under CJO 19-028, a number of updates to the Uniform Trial Court Rules (UTCR) will go into effect on August 1, 2019. Changes to the UTCR will affect a number of different areas including:

• Certificate of document preparation,
• Civil jury cases,
• Debt collection cases,
• Family law procedures,
• Exhibits in juvenile cases,
• Filing of the DMV record,
• Extreme risk protection orders,
• Notice of filing expedited matters, and
• Statewide post-conviction relief (PCR) rules.

The approved UTCR changes can be found on the Oregon Judicial Department website. The updated rules are listed under “Future Rules” until August 1, 2019 when they will be moved to “Current Rules.” The Preface of the 2019 UTCR includes detailed explanations of the changes.


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Continuing Resolution Passes Oregon Legislature

On June 19, 2019 the Legislature passed HB 5048, a continuing resolution that allows the state to continue operating under the 2017–2019 funding levels until September 15, 2019. Although HB 5048 does ensure that state agencies, and the judicial branch, will continue to receive funding, any increases or modifications in the 2019–2021 budget will not be implemented until the 2019 Legislative Session budget bills are voted on by the Senate and House and signed by the Governor.

Examples of unpassed budget bills are:

HB 5011 – Oregon Department of Business and Consumer Services budget
HB 5014 – Oregon District Attorney budget
HB 5015 – Oregon Department of Education budget
HB 5026 – Oregon Department of Human Services budget
HB 5032 – Oregon Public Employees Retirement System budget
HB 5039 – Department of Transportation budget
SB 5513 – Oregon Judicial Department budget
SB 5515 – Oregon Department of Justice budget
SB 5525 – Oregon Health Authority budget


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Oregon State Bar Law Improvement Package Passes through Legislature

This session, the Oregon State Bar’s Law Improvement Package included nine legislative concepts. With the exception of one bill, the Bar’s legislative package has passed through the legislative process. Congratulations to the Bar sections and their legislative contacts for the successful passage of your proposed legislation!

HB 2459 – Permits person or agent of person that holds lien that encumbers real property to request statement from person that holds another lien that also encumbers same real property of amount that is necessary to pay off other lien –Passed both chambers. Signed by the Governor.

HB 2460 – Provides that transferee of tax-deferred homestead is liable for amounts of outstanding deferred property taxes due on homestead if transferee is using homestead more than 90 days following taxpayer’s death and is potential recipient of homestead under intestate succession or by devise or received homestead from estate of deceased taxpayer or right to homestead by gift or assignment from insolvent taxpayer – Passed both chambers. Awaiting the Governor’s signature.

HB 2461 – Creates temporary stay of eviction for certain low-income veterans  – Concept incorporated into HB 2530. HB 2530 signed by the Governor.

HB 2462 – Directs court to, at time of arraignment, notify defendant that status as servicemember may make defendant eligible for treatment programs, diversion, specialty courts or sentencing mitigation – Passed both chambers. Signed by the Governor.

SB 357 – Increases the allocation to the Legal Aid program – Incorporated into SB 5513. Awaiting vote in the Senate and House.

SB 358 – Clarifies the mission of the Bar and it’s role within the judicial branch, creates consistent IOLTA reporting requirements for lawyers in Oregon, addresses the changing demographics of lawyers in Oregon, and facilitates the ability of the bar to work with state agencies – Passed both chambers. Signed by the Governor.

SB 359 – Provides structure and procedures by which business corporation and nonprofit corporation may ratify and approve defective corporate actions – Passed both chambers. Signed by the Governor.

SB 360  – Updates laws that govern nonprofit corporations in this state – Passed both chambers. Signed by the Governor.

SB 361 – Modifies prudent investor rule to allow trustee to consider settlor’s or beneficiaries’ personal values, including settlor’s or beneficiaries’ desire to engage in sustainable or socially responsible investment strategies aligning with settlor’s or beneficiaries’ social, environmental, governance or other values or beliefs, and beneficiaries’ financial needs, when making investment decisions – Passed both chambers. Awaiting signatures.

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    Representative Mike McLane to become Judge in Crook and Jefferson Counties

    On May 31, Governor Brown announced that Rep. Mike McLane (R-Powell Butte) would be appointed to Circuit Court in Crook and Jefferson Counties. The appointment went into effect in late May, and the representative will begin his judicial service in July.

    Rep. McLane, a lawyer-legislator, was elected to represent House District 55 in 2011. From 2012 to 2018 he was the leader of the House Republican Caucus and was instrumental in the passage of several bar bills. Most recently Rep. McLane successfully carried SB 359, a bill from the Business Law Section dealing with defective corporate acts on the House Floor.

    During Rep McLane’s time in the legislature, he maintained an active practice, first with Miller Nash Graham & Dunn in Central Oregon and then with Lynch Conger McLane. In addition, Rep. McLane is a Lieutenant Colonel serving as a staff judge advocate in the Oregon Air National Guard.

    Best Wishes to Rep. McLane in his new position!


    Representative Mike McLane (R-Powell Butte) speaking at the 2019 Oregon State Bar Day at the Capitol.

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    Archives



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

    2019 Public Affairs Committee Members


    Eric Foster, Chair
    Eddie Medina, Vice Chair
    Whitney Boise
    John Bachofner
    Kate Denning
    Kamron Graham
    Bik-Na Han
    Michael Rondeau 

    Public Affairs Department


    Susan Grabe, Public Affairs Director
    Amy Zubko, Public Affairs Legislative Attorney
    Matt Shields, Public Affairs Staff Attorney
    Kellie Baumann, Public Affairs Assistant

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June 7, 2019

OSB Day at the Capitol Brings Lawyers to the Capitol

On May 16, 2019, Oregon State Bar members traveled to the Capitol to visit with legislators to discuss the Bar’s legislative priorities. Bar members met with over 30 legislative offices over the course of the day. This budget cycle bar priorities include: funding for the courts, for low-income civil legal services, and for indigent defense. Thank you to each person who attended Day at the Capitol. Your advocacy and commitment to justice has made an impact.

Oregon Judicial Department. The Oregon State Bar joined with the Oregon Judicial Department (OJD) in urging the legislature to restore the cuts that have been made in the past years to allow the court to keep up with the demand for services. The Oregon Judicial Department’s priorities for the 2019–2021 biennum include:

      • Fund current service level (SB 5513) — The Governor’s budget would fund 80 staff positions that have been held vacant to meet budget reduction targets.
      • Restore additional court staff — The Oregon Judicial Department has lost about 12% of its staff since the 2009–2011 budget cycle, or approximately 212 positions. This means that most courts are not able to provide all public services during the entire business day. This lack of staffing slows down the resolution of cases, and means that members of the public may be turned away.
      • Additional judges for child-welfare cases (HB 2258)This bill would add family-treatment courts in Coos, Deschutes, Douglas, and Marion Counties. Additionally, an OJD Policy Option Package would add 14 judges throughout the state, allowing timely resolution of highly complex and emotionally difficult cases impacting Oregon families. Resolving these cases quickly is critical to ensuring safe, permanent homes for abused or neglected children.

Funding for Legal Aid. The Oregon State Bar joined with legal aid providers in urging the legislature to increase state funding of legal aid. The bar, in conjunction with legal aid providers, requested an:

      • Increase the current Oregon statutory allocation dedicated to funding legal aid operations by $3.1 million per biennium. This would allow legal aid to close a small part of the gap between the need that is highlighted in the 2018 Civil Legal Needs Study and its current ability to meet that need on a statewide basis; and
      • To create an ongoing annual increase to the statutory allocation based on the Consumer Price Index (CPI). This annual increase will help keep legal aid from falling further and further behind each biennium.

Public Defense Services Commission. The Oregon State Bar supports efforts to provide constitutional levels of funding for indigent defense services in Oregon. In 2018, the Sixth Amendment Center outlining a number of concerns about how indigent services are provided, and how providers are trained and paid in Oregon. Over the legislative session, stakeholders have engaged in efforts to restructure the way indigent defense is provided and to ensure that caseloads are maintained at a level that allows public defenders adequate time to provide competent representation for all clients.

In the waning days of session, high-level discussions regarding the bar’s legislative priorities have been taking place. Thank you to everyone who participated in the 2019 Oregon State Bar Day at the Capitol!

Pictured (L-R): Eric Foster, OSB BOG Region 3, John Bachofner, OSB BOG Region 8, Vanessa Nordyke, 2018 OSB Past President, Representative Dan Rayfield (D-Corvallis), Rebecca Cambreleng, Cambreleng Law LLC

Pictured: Liani Reeves, 2020 OSB President Elect opening the lunch program.

Pictured: Justice Christopher L. Garrett, Oregon Supreme Court, Ed Harnden, Barran Liebman LLP

Pictured: Erin Esparza, Classroom Law Project, Elizabeth Knight, Dunn Carney Allen


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Bar President and Chief Justice Speak at City Club in Support of Court Funding

On May 24, 2019, the City Club of Portland hosted Chief Justice Martha Walters of the Oregon Supreme Court and Oregon State Bar President Christine Costantino for a presentation on the Oregon Judicial Department.

Pictured: Christine Costantino, 2019 OSB President, Chief Justice Martha Lee Walters, Oregon Supreme Court

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      Senator Jackie Winters Passes Away

      On May 29, 2019, State Senator Jackie Winters (R-Salem) passed away. Throughout her career, Senator Winters was a leader on public-safety issues, which affected lawyers throughout the state, from court filing fees to juvenile-justice reform.

      Court Filing Fees. In 2011 Senator Winters chaired the Joint Committee on Ways and Means Subcommittee on Public Safety. That session, the legislature passed House Bill 2710 and House Bill 2712, after extensive work by the Joint Interim Committee on State Justice System Revenues and the Public Safety Subcommittee. The bills restructured court filing fees and how they were distributed.

      Oregon eCourt. In 2012, the Oregon Judicial Department began its implementation of Oregon eCourt, which allows for electronic filing, information sharing, case management, and document access among other functions. The Public Safety Subcommittee, chaired by Senator Winters, provided budgetary and policy oversight over the five-year implementation process, which was completed in 2016. The Oregon eCourt project is regularly recognized as one of the most successful IT projects in recent state history.

      Juvenile Justice. During the 2019 legislative session, Senator Winters championed Senate Bill 1008*, a juvenile-justice reform bill. Measure 11, a citizen’s initiative that passed in 1994, created strict mandatory minimum-sentencing laws for anyone over age 15. SB 1008 modifies treatment of youth in Oregon’s criminal-justice system by, among other changes to the law, allowing offenders who receive a Measure 11 sentence to be eligible for conditional release. The bill, which required a 2/3 vote in each legislative chamber, passed out of the legislature just a few days before Senator Winters passed away.

      *For more information on SB 1008, please see the 2019 Legislative Highlights to be released this fall.

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      Archives



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

      2019 Public Affairs Committee Members


      Eric Foster, Chair
      Eddie Medina, Vice Chair
      Whitney Boise
      John Bachofner
      Kate Denning
      Kamron Graham
      Bik-Na Han
      Michael Rondeau 

      Public Affairs Department


      Susan Grabe, Public Affairs Director
      Amy Zubko, Public Affairs Legislative Attorney
      Matt Shields, Public Affairs Staff Attorney
      Kellie Baumann, Public Affairs Assistant

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May 20, 2019

Nonunanimous Juries Resolution, HJR 10, Receives a Public Hearing in House Rules Committee

On May 6, 2019, the House Rules Committee received public testimony on House Joint Resolution (HJR) 10.  The bill would amend the Oregon Constitution to allow juries to impose verdicts in felony cases only by unanimous agreement. If passed, HJR 10 would be referred to the voters at the next general election.

In 2018, the Oregon State Bar’s Board of Governors adopted a resolution calling for the end of the practice of convicting defendants by less than a unanimous vote. Since then, voters in Louisiana approved a constitutional amendment eliminating this practice in their state. This leaves Oregon as the only state in the nation that still allows defendants to be convicted by a nonunanimous jury.

Vanessa Nordyke, Immediate Past-President of the Oregon State Bar, submitted testimony in support of HJR 10 on behalf of the bar. In addition, the Oregon District Attorneys Association, the Oregon Criminal Defense Lawyers Association, and the Oregon Department of Justice all submitted testimony in support of HJR 10.


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Bills of Interest

HB 2601 – Limits guardian’s authority to limit protected person’s preferred associations with third parties.
HB 3201 – Provides that agreement for deferred resolution of criminal cases may not contain requirement that defendant enter plea of guilty or no contest.
HB 3249 – Provides that client has right to privately communicate with lawyer and representative of lawyer.
SB 783 – Modifies requirement to notify Attorney General of elder abuse proceeding, making failure to notify not jurisdictional defect.

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    Probate Modernization Bills Move through the Legislative Process

    On May 9, 2019, the Senate Judiciary Committee passed three bills from the Oregon Law Commission out of committee and to the Senate floor. The three bills, House Bill (HB) 3006, HB 3007, and HB 3008, were the product of a multiyear work group made up of estate planning and elder law practitioners; representatives from the Oregon Judicial Department, the Oregon Department of Human Services, the Oregon Department of Justice; and academics.

    HB 3006 modifies the probate process for estates with no known assets. HB 3007 clarifies the process for use of a small-estate affidavit in probate proceedings involving estates with $75,000 or less in personal property and $200,000 or less in real property. HB 3008 specifies the process for probate proceedings of wrongful-death claims and estates with personal-injury claims. Both HB 3007 and HB 3008 were amended before passing the House.

    HB 3006 passed the Senate on May 20, 2019.  HB 3007 and HB 3008 passed the Senate on May 16, 2019.  All three bills are on the way to the Governor for her signature.

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    Public Defense Services Commission Budget Moves out of the Joint Ways and Means Committee

    On May 7, 2019, the Joint Ways and Means Committee’s Subcommittee on Public Safety held a work session on SB 5532, the Public Defense Services Commission (PDSC) funding bill. The bill was amended and moved to the full Ways and Means Committee for consideration. Once approved by the full Committee, the bill passed the Senate on Thursday, May 16, 2019 and is on its way to the House.

    The budget proposed by the PDSC for the 2019–2021 biennium was just over $348 million for two years. The budget approved by the subcommittee was $7 million less, with cuts focused on personal and program services. New programs and processes in this budget include a salary increase for the appellate division, additional staff for contract oversight, additional office space, and a replacement for the current financial management system.

    In addition to the PDSC biennial budget, House Majority Leader Jennifer Williamson has introduced HB 3145. The bill would move the Office of Public Defense Services to the executive branch, restructure the make-up of the commission, and require the commission to establish a trial division in addition to the appellate division among other things. HB 3145 was introduced in response to the report from the Sixth Amendment Center. The budget bill passed out of the Joint Ways and Means Committee unanimously and now moves to the House Floor for a vote.

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    Oregon Judicial Department unveils portrait of former Chief Justice Thomas Balmer

    On May 7, 2019, the Oregon Judicial Department unveiled a portrait of former Chief Justice Thomas Balmer. Justice Balmer served as the Chief from 2012 to 2018 and continues to serve as a Justice on the Oregon Supreme Court.

    Pictured, Michael Gillette (Justice 1977 – 1986), Thomas Balmer (Chief Justice 2012 – 2018), and Martha Lee Walters (Chief Justice 2018 – Present)

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    Archives



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

    2019 Public Affairs Committee Members


    Eric Foster, Chair
    Eddie Medina, Vice Chair
    Whitney Boise
    John Bachofner
    Kate Denning
    Kamron Graham
    Bik-Na Han
    Michael Rondeau 

    Public Affairs Department


    Susan Grabe, Public Affairs Director
    Amy Zubko, Public Affairs Legislative Attorney
    Matt Shields, Public Affairs Staff Attorney
    Kellie Baumann, Public Affairs Assistant

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April 18, 2019

OJD Budget Receives Weeklong Review in Ways and Means Public Safety Subcommittee

Beginning on April 1, 2019 Ways and Means Public Safety Subcommittee held a week of hearings focused on the Oregon Judicial Department (OJD) 2019-2021 requested budget. SB 5513, is the OJD budget bill. The proposed legislative budget, released in March by the co-chairs of the Joint Committee on Ways and Means, calls for a 5% reduction across state government with the exception of healthcare and education. This translates into more than a 6% cut to OJD operations, since certain constitutionally mandated functions, such as judicial salaries, interpretive services, and juror payments may not be reduced.

Because of these challenges to court funding, the Oregon State Bar has reinvigorated its Citizens’ Campaign for Court Funding. This campaign supports the statewide coalition of citizens and business and community groups formed to ensure adequate and stable court funding.

Fully funding Oregon’s courts will allow the courts to meet service goals that have been unattainable for most of the last decade:

            • Fill 80 staff positions that have been held vacant due to budget reductions,
            • Create 14 new judicial positions in order to meet timeline standards for children in foster care, and focus on family courts and dependency cases.
            • Create 78 new staff positions to allow the courts to improve public access. This includes ensuring that staff are available to answer phones, that counters are open 8 hours a day, and that judgments are entered within 72 hours of filing.

On April 4, 2019 the Citizens’ Campaign for Court Funding arranged for Christine Costantino from the OSB Board of Governors, as well as representatives from the Oregon Association of Defense Counsel, the Oregon Criminal Defense Lawyers Association, the Oregon District Attorneys Association, Oregon’s legal aid providers, the Oregon Public Defense Services Commission, and the Oregon Trial Lawyers Association to testify in support of the OJD budget. In addition, business, nonprofit, and community leaders submitted testimony identifying the need for a healthy judicial department and shared their support for adequate funding for Oregon’s court system.

Over the upcoming months, members of the Ways and Means Committee will continue their discussions about this and other public safety budgets in order to craft a statewide budget.


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Bar Bills Move Through Legislative Process

Another three Oregon State Bar bills moved through the first chamber.

SB 358 is an update to ORS chapter 9, which provides statutory guidance to the Oregon State Bar. On January 30 OSB President, Christine Costantino, and OSB General Counsel, Amber Hollister, testified in support of the bill in the Senate Judiciary Committee. The bill received a work session on March 26, was amended, and was voted unanimously out of committee. SB 358, as amended, is an omnibus bill that makes a number of changes to ORS chapter 9 including the following: updates reporting timelines for IOLTA accounts, removes the prohibition on 50-year licensing fees, allows the Department of Revenue to share information with the Oregon State Bar, acknowledges the authority of the Oregon Supreme Court over the Oregon State Bar, and explicitly states the Bar’s mission.

The bill passed the Senate on a 27-0-3 vote on April 2, 2019. It is scheduled for a public hearing and work session in House Judiciary on April 23, 2019.

House Bill 2459A allows a lien holder to request an itemized statement of the amount necessary to pay off a lien from another lien holder.  The bill came from the Oregon State Bar’s Debtor-Creditor section. On February 2, 2019, Erich Paetsch from the Oregon State Bar’s Debtor Creditor Section testified in support of the bill in the House Judiciary Committee. The bill received a work session on April 4, 2019 was amended, and was voted unanimously out of committee.

The bill passed the House on a 58-0-2 vote on April 17, 2019.

The third OSB bill, HB 2462, was discussed in the previous Capitol Insider. The bill came from the OSB Military and Veterans Law Section. The bill passed the House unanimously on April 8, 2019. It is scheduled for a public hearing and work session on April 22, 2019 in the Senate Judiciary Committee.

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Bills of Interest

HB 2244Establishes CourtCare Fund and appropriates moneys in fund to Department of Education for distribution to counties to operate CourtCare programs.
HB 3164 – Directs Public Defense Services Commission to distribute moneys to Metropolitan Public Defender Services for establishment and administration of pilot program according to specifications, collection of certain program data and submission of data to commission.
HB 3145 ADefines terms related to provision of public defense services.
HB 3201 – Provides that agreement for deferred resolution of criminal cases may not contain requirement that defendant enter plea of guilty or no contest.
HB 3388 –  Modifies annual salaries of judges of Supreme Court, Court of Appeals, circuit courts and Oregon Tax Court.
SB 186 – Changes index for determining cost of living adjustments to limitations on damages under Oregon Tort Claims Act.
SB 279 – Requires certain persons that service student loans in this state to obtain or renew license.

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    ABA Day in Washington DC

    The Oregon delegation met with members of Congress to support funding for the Legal Services Corporation and the Public Service Loan Repayment program.

    From left to right:
    Maya Crawford Peacock, Campaign for Equal Justice; Edwin A Harnden, Barran Liebman LLP; Christine Costantino, Oregon State Bar PresidentSusan Grabe, Oregon State Bar Public Affairs Department Director; Monica Goracke, Oregon Law Center. April 2019.

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    Archives



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

    2019 Public Affairs Committee Members


    Eric Foster, Chair
    Eddie Medina, Vice Chair
    Whitney Boise
    John Bachofner
    Kate Denning
    Kamron Graham
    Bik-Na Han
    Michael Rondeau 

    Public Affairs Department


    Susan Grabe, Public Affairs Director
    Amy Zubko, Public Affairs Legislative Attorney
    Matt Shields, Public Affairs Staff Attorney
    Kellie Baumann, Public Affairs Assistant

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March 29, 2019

SB 360, An Update to the Oregon Nonprofit Corporation Act (ORS Chapter 65), Moves through First Chamber

On March 4, the Oregon State Bar’s Nonprofit Organizations Law Section bill, SB 360 received a work session and passed out of the Senate Judiciary Committee. Senator Cliff Bentz (R-Ontario) carried the bill on the Senate floor, where it passed 24 to 2 (with 4 excused). The bill is now on its way to the House for consideration.

In 2014, the Nonprofit Organizations Law Section created a work group to review and update ORS Chapter 65, the Oregon Nonprofit Corporation Act. Over the last several years, the work group has reviewed the statute, solicited feedback from lawyers who work with nonprofits and the Nonprofit Association of Oregon, and updated and modernized the language. The work group had two guiding principles:

        • (1) Changes should clarify or improve the functioning of the statutory framework, but not make major policy changes to the legal structure for nonprofit corporations in Oregon.
        • (2) A nonprofit corporation should, with limited exceptions, be able to draft its own governance rules through its articles and bylaws. At the same time, certain rules will be mandatory and will be clearly identified as such in the statutes.

    In addition, SB 360 includes several provisions to combat abuses by anonymous shell corporations. The new provisions require more transparency and provide the state additional enforcement tools to combat fraud and other illicit activities.

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    House Judiciary Committee passes HB 2462 from the Military and Veterans Law Section out of committee

    On March 19 the House Judiciary Committee held a public hearing on HB 2462, a bill from the Military and Veterans Law Section. The bill, as amended with the -3 amendments, would require a court at the time of arraignment to inform a defendant that their status as a servicemember may make the defendant eligible for treatment programs, specialty courts, diversion or mitigated sentencing and that they may wish to speak to their attorney about these options. Jesse Barton, a member of the Military and Veterans Law section, testified in support of the bill. On March 27 the bill passed out of committee unanimously with the -3 amendments.

    Additionally, the bill specifies that a defendant’s status as a servicemember may not be used as an aggravating factor in sentencing, and permits a defendant to request that the court seal within the court file any information regarding a defendant’s status as a service member.

    Veterans involved with the criminal law system has been a focus of the Military and Veterans Law Section for several sessions. In 2010 the section worked to pass SB 999 which allowed for diversion for veterans in certain circumstances and in 2013, the section passed SB 124 which directs the court at sentencing to consider evidence received during a criminal proceeding regarding the defendant’s status as a servicemember in determining aggravation or mitigation.

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    Bills of Interest

    SB 113 – Authorizes court to award prevailing retail customers, who bring actions against vehicle dealers, attorney fees under certain circumstances.

    SB 421 – Prohibits insurer from receiving reimbursement or subrogation for personal injury protection benefits or health benefits insurer provided to person injured in motor vehicle accident from any recovery injured person obtains in action for damages except to extent that injured person first receives full compensation for injured person’s injuries and reimbursement or subrogation is paid only from amount of recovery in excess of amount that fully compensates for injured person’s injuries.

    SB 728 – Includes insurance in definition of real estate, goods, and services that are subject to penalties for unlawful trade practices.

    HB 2014 – Restricts limitation on award of noneconomic damages to claims in actions for wrongful death.

    HB 2517 – Prohibits state agencies from suspending or revoking license required to pursue commercial activity, trade, occupation, or profession because licensee is delinquent in paying student loan debt.

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    Senate Judiciary Committee Holds Hearings and Work Sessions on Proposed Family Law Legislation

    On March 6, 2019, the Senate Judiciary Committee held public hearings on a number of family law bills. During the hearing, legislators heard testimony on equal parenting time, appointing legal counsel for children in contested domestic relations proceedings, and creating a procedure for alternative dispute resolution for custody and parenting time modifications, among other topics.

    In 2016, the Senate Judiciary Committee convened a work group to review Oregon custody and parenting-time statutes. The work group included advocates; expert practitioners, including representatives from the OSB Family Law Section; judges; and stakeholders. Over the last few years, the work group took the opportunity to review current Oregon law and practice as well as statutes in other states, developments in case law, and research on best practices for child custody and parenting time.

    SB 318 – Creates rebuttable presumption that equal parenting time is in best interests of child. (Scheduled for a work session on April 4, 2019)

    SB 356 – Permits detailed parenting plan to include instructions regarding notification requirements for specified matters. (Passed the Senate as introduced on March 28, 2019)

    SB 371 – Establishes pilot programs for purpose of appointing legal counsel for children in contested domestic relations proceedings. (Passed out of committee with the -3 amendments on March 21, 2019)

    SB 385 – Directs presiding judge of each judicial district to establish alternative dispute resolution conference procedure for custody and parenting time modifications and enforcement proceedings. (Passed out of committee with the -3 amendments on March 21, 2019)

    SB 736 – Modifies terminology in domestic relations proceedings regarding custody of and parenting time with children. (Public Hearing held on March 6, 2019)

     

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    Justice Reinvestment Accountability and Equity Act Moves to the House Floor

    On March 14, 2019, the House Judiciary Committee held a public hearing on HB 3064. In 2013 the Oregon Legislature passed the Justice Reinvestment Act to support justice reinvestment efforts. The Act both changed the charging practices on specific crimes and allowed for public safety cost savings. Because of the savings from the Act, the state delayed building a new women’s prison in Oregon.

    HB 3064 as amended with the -1 amendment would update the Act. The bill would make a number of changes to the program, from expanding the Justice Reinvestment Grant Review Committee, to requiring the Criminal Justice Commission to assess the engagement of the counties in reducing use of prison beds. The bill gives the Criminal Justice Commission the ability to reduce, withhold, or redirect grant funds if counties have not reduced the use of imprisonment.

    The bill passed out of committee on March 21 with the -1 amendment.

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    Oregon State Bar Day at the Capitol

    Oregon State Bar Day at the Capitol
    Wednesday, May 8, 2019
    8:00am – 5:00pm
    Willamette University Hearings Room & OCJC Lobby
    900 State St, Salem, OR 97301

    If you are interested in attending this event, please contact Kellie Baumann at [email protected].

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    Archives



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

    2018 Public Affairs Committee Members


    Eric Foster, Chair
    Eddie Medina, Vice Chair
    Whitney Boise
    John Bachofner
    Kate Denning
    Kamron Graham
    Bik-Na Han
    Michael Rondeau 

    Public Affairs Department


    Susan Grabe, Public Affairs Director
    Amy Zubko, Public Affairs Legislative Attorney
    Matt Shields, Public Affairs Staff Attorney
    Kellie Baumann, Public Affairs Assistant

    Back to top