October 14, 2021

House of Delegates to Meet on October 29, 2021

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 Oregon State Bar’s House of Delegates is scheduled to meet on October 29, 2021. The meeting, and the regional meetings preceding the annual meeting, will be virtual.

Proposed resolutions were due to the Oregon State Bar by September 15, 2021. The HOD agenda with resolutions was published on October 8, 2021, and can be found on the Oregon State Bar’s HOD webpage. This year the HOD has the opportunity to review proposals addressing adequate funding for the Oregon Judicial Department, indigent defense, and civil legal aid; Oregon Rule of Professional Conduct; the bar’s diversity and inclusion assessment; and others.

HOD regional meetings were held on October 12 to 14, 2021. The schedule for these remote meetings can be found here.

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. If you have any questions, please contact Cassandra Dyke by email at [email protected].


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Oregon Legislature Passes Redistricting Maps in 1st Special Session of 2021

On September 20, 2021, the Oregon Legislature met for the 1st Special Session of 2021 to address its constitutional redistricting requirements.

Unlike the previous redistricting process completed in 2011, the US Census process had determined that Oregon experienced a sufficient increase in population to warrant a new federal congressional seat. Further, because of the delay in U.S. Census results due to the COVID pandemic, the legislature had a significantly shorter timeline to develop, review, and vote on legislative and Congressional maps.

In light of the delay, legislative deadline for adopting the decennial redistricting plan was September 27, 2021. If maps were not adopted by September 27, 2021, the congressional redistricting would be handled by a panel of Oregon judges, and the state legislative redistricting would be handled by Oregon Secretary of State Shemia Fagan.

Three bills were introduced:

        • SB 881 – Congressional Redistricting
        • SB 882 – State Legislative Redistricting
        • SCR 31 – Close of Session (Sine die).

The three bills passed the Senate on September 20. However, when the bills moved to the House, there was significant pushback. The House was unable to reach quorum, and further, the Speaker announced that there had been a positive COVID case in the Capitol. With that information, the legislature cancelled the September Legislative Days and went into recess with the plan to return over the weekend.

After negotiations over the weekend, the legislature returned to the Capitol on Monday, September 27, 2021. That morning, the House Special Committee on Congressional Redistricting met to adopt a modified Congressional map found in SB 881A. While the bill passed out of committee on a party-line vote, quorum was reached on the House floor, and both the congressional redistricting bill (SB 881A) and the state legislative redistricting bill (SB 882) successfully passed through the legislative process. Governor Brown signed the bills on the evening of September 27, 2021.

On October 11, 2021, former Secretary of State Bev Clarno, along with three other former elected officials, filed a challenge to SB 881A, the congressional map. This suit will be reviewed by a panel of five judges, each judge from a different Oregon congressional district.


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Uniform Trial Court Rules Committee Meeting

On October 15, 2021, the Uniform Trial Court Rules (UTCR) Committee will meet to discuss proposed UTCR changes. The proposed changes, and a schedule of next year’s meetings, will be posted for public comment on the Oregon Judicial Department (OJD) website.

At the spring 2022 meeting, the UTCR Committee will consider public comment on these UTCR proposals before making final recommendations to the Chief Justice of the Oregon Supreme Court. Final changes to the rules adopted by the Chief Justice will be posted on the OJD website. Any changes to the rules will take effect August 1, 2022.

The committee encourages public participation and comment on all proposals before the committee. Please email your comments, questions, information, and agenda items to [email protected]. The current list of UTCR proposals as well as the statement from OJD can be found here.


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Judicial Updates—Silverlight File and Serve Shutdown on October 11, 2021

Currently, there are two electronic filing sites for Oregon’s circuit courts and the Oregon Tax Court, an “old” Silverlight File & Serve site (https://oregon.tylerhost.net/) and an HTML 5 File & Serve site (https://oregon.tylerhost.net/ofsweb).

Due to the scheduled end of Microsoft technical support and security updates, the “old” Silverlight File & Serve site was taken offline the evening of Monday, October 11, 2021. Once the Silverlight site is offline, any attempts to access the Silverlight site will result in a redirection to the HTML 5 File & Serve site.

If you were using the Silverlight site, the Oregon Judicial Department has provided training and FAQs for the transition to the HTML 5 site.

The main difference between the Silverlight and HTML 5 sites is their appearance. Your login credentials are the same, and all of your information is available on both sites. The HTML 5 site is compatible with most modern browsers (Edge, Chrome, Firefox, Safari).

Below are links to trainings, guides, and FAQs for the HTML 5 site.
HTML 5 site trainings and guides: https://odysseyfileandserve.zendesk.com/hc/en-us/categories/360003801792
HTML 5 site FAQs: https://odysseyfileandserve.zendesk.com/hc/en-us/categories/360003807591


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Archives



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

2021 Oregon State Bar Officers and Public Affairs Chair



David Wade,
President, Oregon State Bar
Kamron Graham,
President Elect, Oregon State Bar
Liani Reeves,
Immediate Past President, Oregon State Bar
Katherine Denning,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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August 30, 2021

2021 Redistricting Process Begins

Since 1790, Congress has carried out a census to count every person living in the United States. That count is used to determine representation in the federal House of Representatives and each state legislature.

Results from the 2020 count were due to the Oregon Legislature either one year from the Census Day or April 1, 2021, whichever was later. Under Oregon law, the legislature was required to complete the redistricting process by July 1, 2021. If the legislature was unable to respond to the census data and redraw district lines as needed, the Secretary of State had until August 15, 2021, to do so.

Due to the COVID-19 pandemic, the census data was unfortunately delayed. On April 9, 2021, the Oregon Supreme Court issued an order detailing the schedule in Oregon for redistricting, including a requirement that the legislature complete its redistricting process by September 27, 2021.

Two weeks ago, on August 12, 2021, the census data was released, and this past week the legislature’s redistricting committees (both House and Senate) met to review the data and begin the redistricting process. On September 3, 2021 the legislature’s redistricting committees will release draft maps for public review. Members of the public will have until September 7, 2021 at 5 p.m. to submit map proposals.

Public hearings will be held remotely from September 8 – 13, 2021 to provide Oregonians with an opportunity to share feedback. A legislative special session is expected to be held in September to allow members to vote on the proposal. The legislature has until September 27, 2021, to enact a redistricting plan. The deadline for the Chief Justice of the Oregon Supreme Court to appoint five judge panel for congressional redistricting is September 28, 2021.

For more information on the redistricting process, please go to the Oregon Legislature’s redistricting web page.


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Senate and House Interim Committee Rosters Published

Last week the Oregon Senate and House published the 2021–2022 interim committee assignments for legislators. These lists, which can be found here (House and Senate), include assignments to many of the committees that historically have reviewed bar legislation, including the Senate and House Judiciary Committees and the Ways and Means Public Safety Subcommittee.

Senate Interim Judiciary and Ballot Measure 110 Implementation Committee 
Sen. Floyd Prozanski, Chair
Sen. Kim Thatcher, Vice Chair
Sen. Sara Gelser Blouin
Sen. Dennis Linthicum
Sen. James Manning Jr.
Sen. Dallas Heard
Sen. Michael Dembrow

House Interim Judiciary Committee
Rep. Janelle Bynum, Chair
Rep. Ron Noble, Vice Chair
Rep. Karin Power, Vice Chair
Rep. Maxine Dexter
Rep. Ken Helm
Rep. Jason Kropf
Rep. Rick Lewis
Rep. Lily Morgan
Rep. Kim Wallan
Rep. Marty Wilde

Joint Interim Committee on Ways and Means Interim Subcommittee on Public Safety
Sen. Chris Gorsek, Chair
Sen. Bill Hansell
Sen. Floyd Prozanski
Rep. Janeen Sollman, Co-Chair
Rep. Christine Goodwin
Rep. Dacia Grayber
Rep. Jason Kropf
Rep. Duane Stark

To find the committee assignments for the legally-trained legislators in the Senate and House, click on the name of the legislator below.

Senate

House


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Chief Justice Issues New Chief Justice Order 21-030 and Chief Justice Order 21-031

Over the last few weeks, the Chief Justice has published two Chief Justice Orders (CJOs). The first, CJO 21-030, which went into effect on August 16, 2021, reinstituted face coverings in the Oregon state courts. The CJO includes the following items:

        • For judges and staff, protective face coverings are required when not alone in a fully enclosed space, unless a health-related exemption applies.
        • With limited exceptions that apply to proceedings, the public must wear protective face coverings when in a court facility.
        • A presiding judge may issue a presiding judge order that is more restrictive than the provisions of the CJO regarding the required use of protective face coverings.

The second, CJO 21-031, which went into effect on August 19, 2021, modifies the statutory timelines for forcible entry and detainer (FED) proceedings.

Under CJO 21-031, when nonpayment of rent is alleged as a basis for eviction, the date of the first appearance will be 21 days from filing as long as a judge is available. If a judge is not available, the first appearance will be within 28 days of filing. Further, if nonpayment is alleged as a basis for eviction, the trial will be set for a date 20 to 30 days from the first appearance. Finally, an attorney who is representing a party at the first appearance may appear by remote means without filing a motion requiring court approval.

In addition to the changes in the timeline, judges have been requested to help tenants and landlords connect with Oregon’s rental assistance programs. For more information on the Oregon Emergency Rental Assistance Program, please visit the website.


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Oregon State Bar House of Delegates to Meet October 29, 2021

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 Oregon State Bar’s House of Delegates is scheduled to meet on October 29, 2021. On August 4, 2021, the Oregon State Bar held an orientation meeting (materials can be found here – https://www.osbar.org/_docs/leadership/hod/2021/2021HODOrientation.pdf). The House of Delegates includes 250 members elected from the bar licensees. To meet quorum requirements, at least 126 members will need to participate.

Proposed resolutions are due to the Oregon State Bar by September 14, 2021. The HOD agenda with resolutions will be published on October 8, 2021. HOD regional meetings will be held the week of October 11, 2021.

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. If you have any questions, please contact Cassandra Dyke by email at [email protected].


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Important Updates from Oregon Judicial Department: eCourt Upgrade and Court Closures

The Oregon Judicial Department (OJD) has several very important updates for attorneys and all other people that interact with Oregon’s circuit courts.

        • The Odyssey case management system for Oregon’s circuit courts and the Oregon Tax Court will be offline from Thursday, October 14, 2021, at 5:00 p.m. to Tuesday, October 19, 2021, at 4:00 a.m. for an important upgrade. Online services for Oregon’s circuit courts and the Oregon Tax Court that rely on Odyssey data, including the Oregon eCourt Case Information system (OECI), will also be unavailable during that time. File & Serve and Guide & File will be available in a limited capacity.
        • Due to the operational impact of the upgrade, Chief Justice Walters has issued a Chief Justice Order (CJO), CJO 21-024, closing all statewide courts on Friday, October 15, 2021 — including all circuit courts, the Oregon Tax Court, the Court of Appeals, and the Supreme Court. Among other things, the order cites ORS 174.120(2)(c), which extends the statutory time limitation for any filing due on a day when courts are closed by order of the Chief Justice. CJO 21-024 can be found here: https://www.courts.oregon.gov/Documents/CJO_2021-024.pdf.

Court Closures on Friday, October 15, 2021

Oregon’s circuit courts, the Oregon Tax Court, the Court of Appeals, and the Supreme Court will be closed on Friday, October 15, 2021, so that the case management system used by the circuit courts and Tax Court, Odyssey, can be upgraded. Those courts use Odyssey to create cases, enter case events on registers of actions, store documents, and schedule hearings.

Please note that many circuit courts and the Oregon Tax Court also plan to limit the types of hearings that will be heard on Monday, October 18, 2021, because they will not have access to the case records stored in Odyssey until 4:00 a.m. on Tuesday, October 19, 2021.

Online Services for Oregon’s circuit courts and the Oregon Tax Court, including OECI, will be unavailable from October 14, 2021, at 5:00 p.m. to October 19, 2021, at 4:00 a.m.

Odyssey will go offline on Thursday, October 14, 2021, at 5:00 p.m. and is scheduled to be back online by Tuesday, October 19, 2021, at 4:00 a.m. During that time, the following online services for Oregon’s circuit courts and the Oregon Tax Court will be offline because they require Odyssey data to function:

        • Online Records and Calendar Search
        • Oregon eCourt Case Information (OECI)
        • Public Kiosks
        • OJCIN Online Bill Pay
        • ePayment
        • eCitation
        • Electronic Violations Bureau (eCVB)
        • Online Juror Response Forms
        • All existing reports and integrations

The upgrade will not affect Oregon’s appellate court systems, including appellate eFiling.

File & Serve and Guide & File will be available in a limited capacity from October 14, 2021, at 5:00 p.m. to October 19, 2021, at 4:00 a.m.

Courts will not be able to accept submitted documents or process fees, but filers will be able to create and submit envelopes for new cases and any other case that has previously been uploaded into File & Serve. To ensure that you have access to a particular case during this time, you can create an envelope for the case before the upgrade begins.

Due to staff training and other upgrade preparations, the circuit courts and the Oregon Tax Court may take more time to review electronically filed documents in the weeks leading up to the upgrade. If you have a hearing on Monday, October 18, or Tuesday, October 19, it is highly recommended that you submit any documents you want the court to review by Monday, October 11, to ensure the court has access to them before your hearing.

If you have any questions, please reach out to [email protected].


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Archives



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

2021 Oregon State Bar Officers and Public Affairs Chair



David Wade,
President, Oregon State Bar
Kamron Graham,
President Elect, Oregon State Bar
Liani Reeves,
Immediate Past President, Oregon State Bar
Katherine Denning,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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July 7, 2021

End-of-Session Bills Bring Additional Funding for the Oregon Judicial Department

On June 26, 2021, after 159 days, the Oregon Legislature completed its legislative duties one day before the constitutional deadline. This year ended with significant state and federal funding for projects throughout Oregon, including additional funding for the Oregon Judicial Department.

Two end-of-session bills, House Bill 5006 and House Bill 3011, provided funding and the requisite statutory changes to programs throughout Oregon. Some of these projects were legislative priorities, and some projects and programs received funding at the direction of a local legislator. Federal funding from the American Rescue Plan Act (ARPA) was sent to the Department of Corrections, for water and sewer infrastructure projects, and for broadband access, to name just a few. State funding was used for wildfire recovery, behavioral health, and seismic rehabilitation, among other projects. Additional funds were earmarked for the following purposes:

Deschutes County receives funding for two new judicial seats

In addition to the statewide funding, the Oregon Judicial Department received funding for two new judicial seats and staff in Deschutes County. Over the last decade, the Oregon Judicial Department has requested additional judicial seats each session in different parts of the state. This year, with the growing population in the Bend area, Deschutes County was prioritized. The positions will begin on January 1, 2022.

County courthouses receive funding in Benton, Linn, Crook, and Clackamas Counties

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 and a state match for four counties to move forward with their courthouse plans:

      • Benton County: $20.7 million
      • Linn County: $16 million
      • Crook County: $11.8 million
      • Clackamas County: $1

The Legislature has requested that the Oregon Judicial Department, along with Clackamas County, return before the 2022 Legislative Session to report on the “design, build, finance, operation, and maintenance public-private partnership (P3) agreement(s) for the Clackamas County Courthouse.” HB 5006 Preliminary Budget Report, p. 60 (6/29/2021).


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Senate Bill 278 Provides Eviction Safe Harbor and Additional Compensation for Landlords

On Friday, June 25, 2021, the Governor signed Senate Bill 278 to ensure that tenants who had applied for the Oregon Emergency Rental Assistance Program (OERAP), but had not yet been approved, would be able to benefit from federal funding released in May.

The OERAP provides up to 12 months of rent to those that qualify. This funding may all be used for back rent or split between back rent and up to three months’ rent going forward. Under SB 278, tenants who have applied for the program may submit proof they have applied for OERAP to the landlord, and the landlord must hold off on the eviction process for an additional 60 days.

In addition, under SB 278 the amount of reimbursement for landlords under the Landlord Compensation Fund was increased from 80 percent to 100 percent. Landlords who have already applied to the Landlord Compensation Fund will not have to reapply for the increase in funding.

On June 24, 2021, the Oregon State Bar presented a webinar for the public entitled “Housing Law and COVID-19 in Oregon: An Update on Eviction Moratoriums, Financial Assistance, and Legal Services”. For more information on the services available to the public, please visit the Landlord and Tenant Law page on the Oregon State Bar’s public information page.


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New Chief Justice Order No. 21-025 to Update Court Operations Guidance

Chief Justice Martha Walters issued a new Chief Justice Order, CJO 21-025, effective June 30, 2021, which sets out updated provisions on court operations and supersedes earlier COVID-related orders and updates.

The new order:

      • Lifts earlier social distancing restrictions, except that Presiding Judges (PJs) and others may exercise authority to impose restrictions in particular circumstances.
      • Lifts earlier protective face covering requirements, without regard to vaccination status, except (1) in correctional settings; and (2) when the PJ exercises authority to be consistent with more restrictive county requirements, to protect public health and safety, or otherwise in particular circumstances. Any person who chooses to do so may continue to wear a protective face covering while in a court facility (with narrow, continuing exceptions in which a person may be directed to remove a face covering while in a proceeding).
      • Provides that proceedings may be conducted in-person or by remote means, as determined by the PJ.
      • Continues time extensions, as follows: Scheduling first appearances and trials in Forcible Entry and Detainer (FED) proceedings remains extended (to 14 days and 30 days respectively); various deadlines pertaining to Driving Under the Influence of Intoxicants (DUII) Diversions continue to be extended, but most of those extensions now end as of September 7, 2021; and time to file various tax appeals remains extended.
      • Withdraws other pre-existing restrictions from the last operations order, CJO 21-009 (now superseded).

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How a Bill Becomes a Law

On Saturday, June 26, 2021, 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). This year the Governor has until August 7, 2021, to issue a veto.

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. This session, a bill without a specifically noted effective date in the text of the legislation will have an effective date of January 1, 2022.

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 25, 2021.

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 2021 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 2021 issue of Legislation Highlights, which will be published this fall.


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Archives



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

2021 Oregon State Bar Officers and Public Affairs Chair



David Wade,
President, Oregon State Bar
Kamron Graham,
President Elect, Oregon State Bar
Liani Reeves,
Immediate Past President, Oregon State Bar
Katherine Denning,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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June 23, 2021

Oregon Judicial Department Budget Passes the Full Ways and Means Committee

On June 18, 2021, the Ways and Means Committee passed the Oregon Judicial Department’s budget, found in House Bill 5012, out of committee and sent the bill to the House and Senate Floors. The budget contains funding not only for the Oregon Judicial Department but also for the Council on Court Procedures, the Oregon Law Commission, and the Legal Services Program.

The 2021–2023 legislatively approved budget for Oregon’s court system includes a General Fund increase of 12.7% from last biennium’s legislatively approved budget. General Fund dollars are used primarily for the administration and operations of Oregon’s court system. While the overall budget is a 2.2% decrease from the 2019–2021 legislatively approved budget, this is due to the wrap-up of the Oregon Courthouse Capitol Construction and Improvement Fund, which was used for the seismic retrofitting of the Oregon Supreme Court building.

The legislature highlighted funding for a number of new or continued investments, including:

“(1) data tracking and analysis related to disparate outcomes;
(2) Equity, Diversity, and Inclusion human resources support;
(3) behavior health;
(4) juvenile delinquency improvement project;
(5) centralized support for child support and self-represented litigants;
(6) collaborative grants and agreements;
(7) capital improvement funding for Josephine and Klamath County Courthouses; and
(8) information technology staff and hardware, including a General Fund backfill of a revenue shortfall.” (Legislative Fiscal Office Recommendation for the Oregon Judicial Department Budget)

In addition to court funding, OJD also provides a funding structure for a number of pass-through entities. This biennium, the overall pass-through budget for the the Oregon Law Commission the Council on Court Procedures, and civil legal aid providers was fully funded at the current service level.

In the coming week, the legislature will make final changes to the state budget, and additional funding for OJD may be add. Any updates will be included in future issues of the Capitol Insider.

Thank you to the members of the Campaign for Court Funding for all of your outreach in support of court funding this biennium! We look forward to continuing to work with you on this important project.


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Public Defense Services Commission Budget passes the House and Senate

Last week, the Ways and Means Committee passed the two-year budget for the Public Defense Services Commission (PDSC) out of committee. House Bill 5030 has passed the House unanimously and is on the way to the Senate floor for consideration. The budget is a decrease in funding of 4.5% from the 2019–2021 legislatively approved budget.

The 2021–2023 legislatively recommended budget, unlike in previous biennium, includes a holdback of $100 million. These funds have been earmarked for PDSC, and the decision to release the funds by the legislature will be based on PDSC’s progress in the eight areas listed below, as well as more clarity and certainty on procurement costs. If the $100 million is released to PDSC, Oregon’s public defense system will see a 23.6% increase over its 2019–2021 legislatively approved budget.

This biennium, the recommendation for Oregon’s public defense system is to restructure the program with a focus on the following areas:

“(1) re-structuring the agency’s appropriation measure along cost centers to increase the transparency of budgeted activities and to impose a heightened level of financial discipline and accountability on the agency;
(2) reorganizing the agency’s budget structure along lines of business;
(3) augmenting operational staffing in key areas of the agency, including agency leadership, financial management, and procurement;
(4) adding compliance, audit, and Performance Management functionality to the agency;
(5) in-sourcing base level information technology services;
(6) directing an independent financial and performance audit of the agency, including reviews of agency operations, procurement, human resources, information technology, accounting, budget, performance management, and auditing;
(7) converting three existing permanent full-time positions to limited duration so as to assess the long-term need for the positions; and
(8) provides General Fund to resolve material current service level deficits across the agency.” (Legislative Fiscal Office Recommendations for the Public Defense Services Commission)

This restructuring follows the Sixth Amendment Center’s recommendations from its 2019 report on Oregon’s public defense system.

In addition, PDSC received a $3.7 million supplemental increase for the 2019–2021 biennium to cover end-of-biennium costs.

In the coming week, the legislature will make final changes to the state budget, and additional funding for PDSC may be added. Any updates will be included in future issues of the Capitol Insider.

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Oregon State Bar Bills on the Way to the Governor’s Desk

Congratulations to the bar’s sections and committees for the successful passage of the 2021 Law Improvement Package. This year the Oregon State Bar put forward eight legislative concepts for consideration by the legislature. The eight OSB Law Improvement bills have passed both legislative chambers.

While some of these bills address bar governance, most of the bills were championed by section and committee volunteers. Beginning in April of 2020, these volunteers have been reviewing draft statutory language, meeting with stakeholders, attending public hearings and work sessions remotely, and answering questions from legislators in an effort to clarify statutory ambiguities, modify unforeseen “glitches” in major legislation passed in previous sessions, and codify case law as necessary.

Thank you to all of our legislative volunteers!

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2021 Legislation Highlights to be Published this Fall

This fall the Oregon State Bar will release the 2021 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 If you have any questions or need more information about the 2021 Legislation Highlights, please contact OSB Public Affairs.


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Archives



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

2021 Oregon State Bar Officers and Public Affairs Chair



David Wade, President, Oregon State Bar
Kamron Graham, President Elect, Oregon State Bar
Liani Reeves, Immediate Past President, Oregon State Bar
Katherine Denning, Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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June 7, 2021

Hearing on Cybersecurity for the Oregon Judicial Department

On June 2, 2021, the Oregon Judicial Department provided an information security report to the Legislature’s Joint Committee on Information Management and Technology. The committee members heard presentations from the State Chief Information Officer, the Judicial Department, the legislative branch, the Secretary of State, the Oregon State Treasury, and the Department of Justice. The meeting materials can be found here.

The Oregon Judicial Department provided a brief presentation about its technology infrastructure. Currently there are almost 10,500 external registered system users. Thirty-five million court records are available online, both through the appellate system and the trial court system. The Oregon Judicial Department also shared a brief overview regarding the development and implementation of the information security policies.

While the reports were submitted in response to legislation passed in the 2016 legislative session, committee members and presenters acknowledged that with the recent push towards technology due to COVID and the ransomware cases that have recently been in the news, additional discussions would be helpful.


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Legislature Passes House Bill 2168 – Juneteenth Expected to Become Legal State Holiday

In early June the Legislature passed House Bill 2168. The bill establishes Juneteenth, celebrated on June 19, as a legal state holiday.

Juneteenth, also known as Emancipation Day, Jubilee Day, and Freedom Day, recognizes the day Union General Gordon Granger entered Galveston, Texas, to announce, almost three years after President Abraham Lincoln issued the Emancipation Proclamation, the abolition of slavery in the United States. Juneteenth commemorates both the end of slavery and the work of those African Americans who have worked to bring their dreams of equality to reality.

Oregon has recognized Juneteenth as a holiday since 2001. HB 2168 goes further and includes the celebration of Juneteenth, beginning in 2022, as a legal holiday on par with Presidents Day, Memorial Day, Fourth of July, and Thanksgiving Day.

The bill was sent to the Governor on June 7, 2021 and is expected to be signed in the next few days.

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Bills of Interest

The Ways and Means Committee has begun scheduling public hearings in its subcommittees. Below is a list of some of the bills that may be of interest.

HB 2178 – Modifies provisions relating to fees in tax court.

HB 2738 – Modifies CASA Volunteer Programs to direct Oregon Department of Administrative Services to contract with nongovernmental entity to serve as statewide coordinating entity for provision of court appointed special advocate services.

HB 2992 – Modifies amount of compensation paid to members of state boards and commissions. Requires state boards or commissions to pay compensation and expenses to certain members with adjusted gross income below certain threshold. Provides that members may decline to accept compensation or reimbursement.

HB 2993 – Provides that advisory committees appointed by agency as part of rulemaking must represent interests of persons and communities likely to be affected by rule. Requires agency to include in notice of rulemaking statement identifying how adoption of rule will affect racial equity.

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Annual Adjustment for Tort Claims Published

The Office of the State Court Administrator (OSCA) has calculated the annual adjustment to the limitations on liability of state and local public bodies for personal injury, death, and property damage or destruction. Based on these calculations, the limitations are adjusted as shown in this table.

The new limitations become effective on July 1, 2021. They apply to all causes of action arising on or after July 1, 2021, and before July 1, 2022. OSCA opened a public comment period on the adjustments from April 5, 2021, to 5:00 p.m. on May 24, 2021. It received no public comment.

OSCA makes these adjustments annually, as required by ORS 30.271(4), 30.272(4), and 30.273(3). A list of past and current limitations on liability of public bodies can be found on the Oregon Judicial Department website at:  http://www.courts.oregon.gov/Pages/tort.aspx.


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Archives



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

2021 Oregon State Bar Officers and Public Affairs Chair



David Wade, President, Oregon State Bar
Kamron Graham, President Elect, Oregon State Bar
Liani Reeves, Immediate Past President, Oregon State Bar
Katherine Denning, Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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May 25, 2021

Bar Bills Move through the Second Chamber

Over the last month, the Oregon State Bar bills have been moving through the House. At the time of publication, all eight of the Oregon State Bar Law Improvement bills have passed out of committee. In addition, Senate Bill 180 and Senate Bill 184 passed the House Floor and are on the way to the Governor for her signature. The final deadline to move a bill out of a House policy committee is May 28, 2021.

Similar to years past, many of the OSB bills were assigned to the House Judiciary Committee. For the first time in more than a decade, the House Judiciary Committee, chaired by Representative Janelle Bynum was bifurcated into two subcommittees: the Subcommittee on Equitable Policing, chaired by Rep. Bynum, and the Subcommittee on Civil Law, chaired by Representative Karin Power. The majority of bills were assigned to a subcommittee for a public hearing and a work session. Those bills that passed muster with a subcommittee were then recommended to the full judiciary committee for passage, which took the final vote before a bill was sent to the House floor.

While the Equitable Policing Subcommittee completed its work at the first chamber deadline, the Civil Law Subcommittee continued its work through the end of the second chamber deadline. The subcommittee, made up of six legislators, including five lawyers, led in-depth policy discussions with stakeholders and each other.

The remaining bar bills received a public hearing and a work session in either the House Committee on Business and Labor or the House Committee on Housing. Thank you to the committee chairs, members, and staff for your consideration of these bills.

House Committee on Judiciary
SB 181 – Directs court to consider, in determining amount of award of attorney fees, whether attorney performed services on pro bono basis or award of attorney fees otherwise promotes access to justice. Unanimously voted out of committee on May 24, 2021.

SB 182 – Terminates authority of spouse as agent under certain estate planning documents upon annulment, separation, or dissolution of marriage. Extends liability protections for property held as tenants by the entirety when property is conveyed to certain trust. Modifies procedure for disposition of wills by attorney. Unanimously voted out of committee on May 18, 2021.

SB 183 – Modifies provisions relating to foreign restraining orders. Unanimously voted out of committee on May 18, 2021.

SB 185 – Specifies circumstances under which members of nonprofit corporation and board of directors of nonprofit corporation may discuss issues or take action by electronic means without meeting. Specifies circumstances under which majority of directors may approve dissolution if number of directors in office at time at which directors consider dissolution is less than required by laws of this state or by articles of incorporation or bylaws of nonprofit corporation. Unanimously voted out of committee on May 24, 2021.

SB 768 – Modifies provisions relating to attorneys. Clarifies that Insurance Code does not apply to professional liability fund established by Oregon State Bar. Declares emergency, effective on passage. Unanimously voted out of committee on May 24, 2021.

House Committee on Business and Labor
SB 180 – Requires insurer to notify claimant upon paying $5,000 or more to settle third-party liability claim if claimant is natural person and if insurer or insurer’s agent or other representative, including insurer’s attorney, delivers payment to claimant or to claimant’s attorney, agent, or other representative by draft, check, or other form of payment. Passed the House with a 52-0-7-1 vote.

SB 184 – Modifies laws relating to preference given to veterans in public employment. Passed the House unanimously.

House Committee on Housing
SB 829 – Clarifies rights of possession of real property following execution sales. Unanimously voted out of committee on May 25, 2021.


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New Chief Justice Order Updates Mask Guidance in Courthouses

On May 25, 2021, Chief Justice Walters released Chief Justice Order (CJO) 21-016 and a letter to Oregon State Bar licensees. The order provides an exception to the protective face covering requirement found in CJO 20-045 for judges and court staff who show proof of fully vaccinated status. With limitations, judges and court staff who provide proof of fully vaccinated status may remove their masks while in a court facility.

Fully vaccinated judges and staff who have received approval to go without protective face coverings are not required to wear them, unless they are:

(1) Working in an adult jail or correctional facility;

(2) Working in a youth detention or correctional facility,

(3) In a public area of the court facility, such as the front entry, waiting areas, hallways, restrooms, and elevators; unless the Presiding Judge has designated the particular area as an area in which protective face coverings are not required; or

(4) Participating in a courtroom proceeding at which participants are required to wear protective face coverings.

During a court proceeding, a judge will have the ability to permit fully vaccinated participants to remove protective face coverings only while in the courtroom. However, there are some situations where masks may still be required in a proceeding; for example if a presiding judge or a participant in a court proceeding requests that all participants, including the judge and court staff, continue to wear a mask.

The court’s social distancing guidance, found in CJO 21-009,  has not been modified at this point.

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Economic and Revenue Forecast Up with a Kicker Expected

On May 19, 2021, the Oregon Office of Economic Analysis (OEA) shared the May 2021 Economic and Revenue Forecast with the House Committee on Revenue. The May Economic and Revenue Forecast is used by the Legislature’s Joint Ways and Means Committee to finalize the state’s biennial budget.

This most recent forecast was a surprise to many due to the substantial forecasted increase in state revenue. Between the March 2021 forecast and the May 2021 forecast, the OEA increased the forecasted revenue for the 2021–2023 biennium by over $1 billion. This forecasted increase, based on expected economic growth and Oregon’s tax and lottery revenue, coupled with the federal stimulus funds identified in the American Rescue Plan Act (ARPA), could profoundly affect the budget process. Late last summer, the Oregon Legislature met for the Second Special Session of 2020 to make cuts to the state budget. Earlier in the legislative session, the proposed Oregon Judicial Department budget included a cut to current-service-level funding. The substantial increase in expected funding potentially opens the doors to full funding for the courts and their policy proposals.

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Public Defense Services Commission (PDSC) Budget Receives Public Hearing

In early May, the Public Safety Subcommittee of the Joint Ways and Means Committee held two public hearings to review the proposed 2021–2023 PDSC budget found in HB 5030. The PDSC budget is split between three divisions: the Appellate Division; the Public Services Account, which holds state funding for contract defense services; and the Contract and Business Services Division, which administers the financial and business processes of the PDSC.

Over two days, the Public Safety Subcommittee received testimony from the PDSC as well as a number of interested parties, including representatives from the Oregon Judicial Department, public defenders from throughout the state, the Oregon Criminal Defense Lawyers Association (OCDLA), and the Oregon State Bar, to name just a few. Thank you to Joe Piucci for testifying on behalf of the Board of Governors in support of HB 5030. With the release of the May Revenue Forecast, the Public Safety Subcommittee is expected to finalize the PDSC budget in the coming month.


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ABA Hosts a Second Virtual Lobby Day

This year the Oregon State Bar, along with Oregon’s civil legal service providers, participated in the American Bar Association’s annual lobby day. Because of the continuing COVID-19 travel restrictions, as well as continued security concerns at the U.S. Capitol, the ABA’s Lobby Day was, once again, a virtual event.

The focus on this year’s Lobby Day was adequate funding for the federal Legal Services Commission and the increased judicial security and safety. President David Wade, Board of Governors Public Affairs Committee Chair Katherine Denning, Ed Harnden (Campaign for Equal Justice), Maya Crawford Peacock (Campaign for Equal Justice), and Monica Goracke (Oregon Law Center) shared their support for both issues with Oregon’s federal delegation. As community members become fully vaccinated, the bar’s delegation looks forward to connecting with our elected officials in district.

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Bills of Interest

With the release of the May Revenue Forecast, the Ways and Means Co-Chairs, along with the Senate President and the Speaker of the House, are expected to begin scheduling for policy bills with a fiscal impact. Below is a short list of bills that are currently awaiting a hearing in the Ways and Means Committee.

HB 2158 – Clarifies role of State Treasurer with respect to unclaimed property and escheated estates.

HB 2178 – Modifies provisions relating to fees in tax court.

HB 2230 – Appropriates moneys from General Fund to Long Term Care Ombudsman for purpose of providing public guardian and conservator services to veteran.

HB 2239 – Directs Judicial Department to establish centralized veterans treatment court that counties may opt into beginning July 1, 2023.

SB 571 – Allows persons convicted of felony to register to vote, update voter registration, and vote in elections while incarcerated.

SB 755 – Modifies and provides for implementation of Ballot Measure 110 (2020).

SB 778 – Establishes Office of Immigrant and Refugee Advancement to operate statewide immigrant and refugee integration strategy.

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Archives



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

2021 Oregon State Bar Officers and Public Affairs Chair



David Wade, President, Oregon State Bar
Kamron Graham, President Elect, Oregon State Bar
Liani Reeves, Immediate Past President, Oregon State Bar
Katherine Denning, Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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April 20, 2021

Ways and Means Public Safety Subcommittee Holds First Public Hearings on Oregon Judicial Department 2021–2023 Budget

Over the last few weeks, the Ways and Means Public Safety Subcommittee, chaired by Senator Chris Gorsek (D – 25) and Representative Janeen Sollman (D – 30) held three public hearings on the Oregon Judicial Department’s proposed budget for the next biennium. Over the course of the hearings, Chief Justice Martha Walters and others shared their request to maintain consistent funding and highlighted legislation and specific funding requests for programs moving forward. On the third day, the subcommittee opened the hearing for public testimony. Over the course of two hours, 31 representatives from across the public safety sphere testified in support of funding for the OJD, with many more organizations submitting written testimony in support.

This year, Oregon State Bar President David Wade and OSB President-Elect Kamron Graham both testified in support of the OJD budget. Mr. Wade represented the bar and the Oregon Campaign for Court Funding, a group of business and nonprofit leaders focused on increasing state funding for the OJD.

Ms. Graham, along with past-president Liani Reeves who submitted written testimony, shared the bar’s support of one-time funding for the Oregon Civil Legal Access Portal Pilot Project. The portal was developed by a partnership between the OSB, the OJD, and Oregon’s civil legal aid providers. The portal project is intended to create an online, centralized, professionally staffed, legal information and navigation portal. The project will allow Oregonians to more seamlessly access legal information and assistance in key high-needs areas such as housing, domestic violence prevention, health care, and employment in a culturally specific, user-designed format.

The legislature’s budget process will be finalized after the May revenue forecast, which will be released on May 19, 2021.


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Bills of Interest

The first deadline for this year’s legislative session occurred on April 13, 2021. Policy bills that were not voted out of a policy committee by the end of the day on the 13th will not move forward this legislative session. In addition, this is often a time when legislative concepts are amended into another bill. Please find below a list of some of the bills the bar has been tracking that died on Tuesday, as well as a list of placeholder bills that were amended in the last days before the deadline.

Bills that were in committee after April 13, 2021
House Bill 2177 – Authorizes Chief Justice of Supreme Court to collect fees from certain public bodies for use of certain state court technology services.
House Bill 2208 – Directs Oregon State Bar to report to Supreme Court with recommendations of alternative means of admission to bar.
House Bill 2998 – Provides that party or attorney may not move to disqualify judge in judicial district with three or fewer circuit court judges.
Senate Bill 666 – Modifies public meeting notice requirements for meetings held in executive session.

Bills that were amended and moved out of committee before April 13, 2021
Senate Bill 193 – Makes statutory modifications based on holdings in Busch v McInnis Waste Sys., 366, OR 628 (2020) and Ramos v Louisiana, 140 S.Ct. 1390 (2020).(-4 Amendment Adopted and Minority Report issued).
Senate Bill 780 – Limits liability of health care providers, health maintenance organizations and hospitals for certain claims arising during COVID-19 emergency period. (-4 Amendment Adopted)
Senate Bill 813 – Modifies statute of limitation provisions of Section 7 of House Bill 4212 (First Special Session,2020).(-1 Amendment Adopted).

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Paraprofessional Licensure Implementation Committee

Several years ago, the Oregon State Bar formed a Futures Task Force to allow for an in-depth discussion about the future legal needs of Oregonians, and how the bar would need to evolve to meet those legal needs. One of the major recommendations of the task force was for the bar to create a committee to develop a detailed plan for licensing legal providers. These providers would offer limited services at a lower cost in specific issue areas in which there is significant unmet need. The Futures Task Force referred to these legal providers paraprofessionals.

Last fall the bar formed a Paraprofessional Licensure Implementation Committee to address the concept of licensing paraprofessionals who would provide limited legal assistance in two of the largest subject areas in which Oregonians end up representing themselves: landlord-tenant law and family law.

The committee’s goal is to develop educational requirements, ethics rules, and an identified scope of practice for these paraprofessionals. Paraprofessionals are not attorneys; therefore, determining what tasks they can assist clients with and which tasks they can perform is extremely important. The committee’s recommendations will ultimately be presented to the Oregon Supreme Court for consideration.

Anyone who has questions about the committee or input on this proposal should contact the OSB at [email protected] or visit the committee’s website at https://paraprofessional.osbar.org/.


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Public Comment Period for Annual Adjustment to the Oregon Tort Claims Act

The Office of the State Court Administrator (OSCA) has calculated the annual adjustment to the limitations on liability of state and local public bodies for personal injury, death, and property damage or destruction. The OSCA proposes to adjust the limitations as follows:

The public comment period on the proposed adjustments closes at 5:00 p.m. on May 24, 2021. The OSCA will then finalize the adjustments, and the new limitations will become effective on July 1, 2021. They will apply to all causes of action arising on or after July 1, 2021, and before July 1, 2022. The OSCA makes these adjustments annually, as required by statute.

A list of past and current limitations on liability of public bodies can be found on the Oregon Judicial Department website at: http://www.courts.oregon.gov/Pages/tort.aspx.

Public comment can be posted on that web page or sent to:
Aja Holland
Office of the State Court Administrator
Supreme Court Building
1163 State Street
Salem, Oregon 97301-2563
or
[email protected]

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Archives



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

2021 Oregon State Bar Officers and Public Affairs Chair



David Wade, President, Oregon State Bar
Kamron Graham, President Elect, Oregon State Bar
Liani Reeves, Immediate Past President, Oregon State Bar
Katherine Denning, Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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April 2, 2021

Budget Process Begins for Oregon Judicial Department

With the release of the Governor’s budget priorities and the Ways and Means budget priorities, the 2021–2023 budget process is underway. Over the next three months, the Ways and Means Subcommittees will be holding public hearings and work sessions as they craft agency and commission budgets, as well as the Oregon Judicial Department’s budget, to fund the next two years.

The Oregon Judicial Department proposed budget will receive its first of at least three public hearings in the Ways and Means Subcommittee on Public Safety on April 7, 2021. The first two days of hearings will focus on the proposed budget. This is an opportunity for the Oregon Judicial Department to discuss its current service level budget, the challenges it expects to face in the upcoming biennium, and its strategic plan and policy goals. Legislators will have an opportunity to ask questions and request additional information. On the third day of testimony, there will be an opportunity for the public to provide testimony on the proposed budget.

This year, for the first time, state funding for civil legal services is included in the Oregon Judicial Department’s budget as a pass-through to the Oregon State Bar’s Legal Services Program. The Oregon Law Commission and the Council on Court Procedures also receive pass-through funding from the Oregon Judicial Department.

The Oregon Judicial Department’s strategic campaign commitments for the 2021–2023 biennium, reflected in the policy proposals housed in the budget, are:

      1. Improve services and outcomes for people who are underserved, vulnerable, or marginalized.
      2. Eliminate barriers to access to justice by simplifying and streamlining processes and forms, enhancing service options, leveraging technology, improving interpreter services, and keeping courts open, safe, and secure.
      3. Enhance the public’s trust and confidence in Oregon’s state government by listening and responding to the needs of those we serve, holding ourselves to high standards, and communicating the role of our courts in providing justice for all.
      4. Create a workplace and courthouse culture that is supportive, inclusive, welcoming, and affirming; that embraces diversity; and where all people can thrive and are treated with respect and dignity.

The Public Defense Services Commission will also go through the legislature’s budget process. Its first budget hearing has not been scheduled.


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Public Records and Public Meetings Bills of Interest

This session, public records and public meetings bills are being considered in a number of committees. Three of the bills that have received public hearings are:

      • HB 2478 – Maintains indefinitely exemption from required disclosure of public records that are subject to lawyer-client privilege and public records exemption for privileged information.
      • HB 2485 – Requires state agencies to reduce public records request fees by 50 percent if request is made in public interest, and requires state agencies to entirely waive fees if public records request is in public interest and narrowly tailored.
      • SB 666 – Modifies public meeting notice requirements for meetings held in executive session.

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Legislative Deadlines and What to Watch For

To keep the legislative process moving and ensure that the legislature completes its responsibilities before the end of the legislative session, the House and Senate have established internal deadlines for moving bills through the legislative process.

This year, the deadline for scheduling a bill for a work session in its chamber of origin was March 19, 2021, and the deadline for voting a bill out of committee is April 13, 2021. Those bills, with a few exceptions identified below, that have not been scheduled by March 19 and moved out of committee by April 13 are no longer active and may not be voted into law by the legislature under that bill number.

There are a few exceptions to this rule. For example, the deadlines do not apply to bills that are in the House or Senate Rules Committees, the House or Senate Revenue Committees, or the Ways and Means Committees or subcommittees. Further, bills in the Joint Committee on Transportation are on their own unique schedule.

For those tracking legislation, the period before a legislative deadline can be complex. The weeks before the deadline often result in a fair amount of juggling and amending bills. For example, a legislative concept in one bill may be amended into another bill with a better chance of passage. Another option is for a legislator to move a bill to one of the Rules Committees to keep it alive after the deadline. Finally, if neither option seems feasible during the legislative session, a concept may be sent to an interim work group to be discussed and finalized for the next legislative session.


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Oregon State Bar Bills Move Out of Committee

This week, four Oregon State Bar bills moved out of committee and to the Senate floor. Because the Senate will begin holding floor sessions three days a week beginning April 5, 2021. they are expected to receive floor votes at the end of next week or the beginning of the following week.

      • Senate Bill 180 – Requires insurer to notify claimant upon paying $5,000 or more to settle third-party liability claim if claimant is natural person and if insurer or insurer’s agent or other representative, including insurer’s attorney, delivers payment to claimant or to claimant’s attorney, agent or other representative by draft, check or other form of payment. The bill was amended and voted out of committee.
      • Senate Bill 183 – Provides procedure for recognition and enforcement of orders and judgments of tribal courts in courts of this state. The bill was amended and voted out of committee.
      • Senate Bill 768 – Modifies provisions relating to attorneys. The bill was amended and voted out of committee.
      • Senate Bill 829 – Clarifies rights of possession of real property following execution sales. The bill passed out of the committee without amendment.

Thank you to all of the bar volunteers who worked so hard to develop and pass these bills.

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Archives



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

2021 Oregon State Bar Officers and Public Affairs Chair



David Wade, President, Oregon State Bar
Kamron Graham, President Elect, Oregon State Bar
Liani Reeves, Immediate Past President, Oregon State Bar
Katherine Denning, Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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March 18, 2021

Oregon State President David Wade testifies to House and Senate Judiciary Committees

During the opening month of the Oregon Legislature, Oregon State Bar President David Wade and OSB General Counsel Amber Hollister presented an overview of the Oregon State Bar and its work to protect the public to the Senate Committee on Judiciary and Ballot Measure 110 Implementation and the House Judiciary Committee’s Subcommittee on Civil Law. OSB President Wade and Ms. Hollister provided an overview of the bar’s regulatory function, its mission to protect the public, and the public services the bar provides, and answered questions.

Additionally, the current and former chairs of the Oregon Board of Bar Examiners, Joanna Perini-Abbot and the Hon. Angela Lucero respectively, testified along with Mr. Wade and Ms. Hollister to the House Judiciary Committee’s Subcommittee on Civil Law about the Oregon bar exam and the Oregon State Bar. The written testimony is posted here.


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Oregon State Bar Bills Pass the Senate

On March 11, 2021, the Senate voted on three proposals from the Oregon State Bar’s Law Improvement Program: the OSB Consumer Law Section bill (SB 181), the OSB Estate Planning and Administration Section bill (SB 182), and the OSB Nonprofit Law Section bill (SB 185), All three bills passed the Senate and are now on the Speaker’s desk awaiting assignment to a House Committee.

In addition, SB 184, a proposal from the OSB Military and Veterans Law Section, passed the Senate and has been assigned to the House Committee on Business and Labor for consideration. Thank you to the section members for volunteering your time and expertise!

      • Senate Bill 181 – Directs court to consider, in determining amount of award of attorney fees, whether attorney performed services on pro bono basis or award of attorney fees otherwise promotes access to justice.
      • Senate Bill 182 – Terminates authority of spouse as agent under certain estate planning documents upon annulment, separation or dissolution of marriage.
      • Senate Bill 184 – Modifies laws relating to preference given to veterans in public employment.
      • Senate Bill 185 – Specifies circumstances under which members of nonprofit corporation and board of directors of nonprofit corporation may discuss issues or take action by electronic means without meeting.

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How a Remote Legislative Session Works

Due to the COVID-19 pandemic, the 2021 Legislative Session began remotely. A remote legislative session means that legislators, like many Oregonians, are primarily working from their homes and local communities. Committee meetings are held via video conferencing, and meetings with constituents, stakeholders, and other legislators are hosted either via phone or video conferencing. For those who travel to Salem to testify, there is an outdoor kiosk with a video connection set up to allow people to testify at the Capitol.

Committee hearings are hosted on Microsoft Teams and then broadcast through the Oregon Legislative Information System (OLIS). To find a specific bill, view an agenda, or watch a hearing, go to the 2021 Legislative Session link in OLIS.

Beginning in January, legislators traveled from their home counties to Salem for floor sessions. For the first month or so of the legislative session, floor sessions were scheduled primarily to introduce proposed legislation. As of March 1, 2021, the House and Senate chambers began to meet twice a week to vote on bills on the House and Senate floor, in addition to introducing proposed legislation.

For more information on the legislative schedule and internal deadlines, visit the Secretary of the Senate’s web page.


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Bills of Interest

This legislative session, close to 2,500 bills have been introduced so far, and more are expected. Below are a few bills that may be of interest to practitioners.

      • HB 2009 – Establishes temporary limitations on lenders’ remedies for borrowers’ failures to make payments on obligations secured by mortgages, trust deeds or land sale contracts for certain real property.
      • HB 2176 – Eliminates minimum amount of fee added to judgment that includes monetary obligation that court or judicial branch is charged with collecting.
      • HB 2998 – Provides that party or attorney may not move to disqualify judge in judicial district with three or fewer circuit court judges.
      • HB 3230 – Establishes universal representation program in Oregon Department of Administrative Services.
      • HB 5012 – Appropriates moneys from General Fund to Judicial Department for certain biennial expenses.
      • SB 513 – Requires student to demonstrate proficiency in civics in order to receive high school diploma.
      • SB 765 – Makes permanent provisions allowing notary public to perform notarial act using communication technology for remotely located individual under certain circumstances.

For a comprehensive list of introduced list, go to the Oregon Legislative Information System (OLIS). For a list of bills by practice area, go to the Oregon State Bar’s Public Affairs page.

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Chief Justice Order 21-009 released on March 11, 2021

Last week Chief Justice Martha Walters released Chief Justice Order (CJO) 21-009 and a letter to the public. This new CJO replaces CJO 20-016 (restrictions on court operations) and CJO 20-047 (Amended) (additional restrictions during “freeze”).

The CJO addresses and updates court functions to address the COVID-19 pandemic. In the last year, the Oregon Judicial Department has responded to the pandemic by expanding virtual access to the court system as well as following health and safety guidelines. However, many of the situations that were crucial to limit in March of 2020 are now options due to a greater understanding of the virus and a decreasing case count in March of 2021. The CJO addresses and provides guidance to the court system and its stakeholders until the court can lift social distancing requirements.

On March 15, 2021, Chief Justice Walters hosted “Courts, COVID, and Moving Forward,” a virtual CLE that addressed the changes to court processes. To review the materials from the CLE, click here.


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Archives



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

2021 Oregon State Bar Officers and Public Affairs Chair



David Wade, President, Oregon State Bar
Kamron Graham, President Elect, Oregon State Bar
Liani Reeves, Immediate Past President, Oregon State Bar
Katherine Denning, Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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January 12, 2021

Oregon Legislature Convenes its 81st Legislative Assembly on January 11, 2021

On January 11, 2021, the Senate President and Speaker of the House opened the 81st legislative assembly for organizational days. Ninety legislators were sworn in. During the first day, legislators voted to adopt chamber rules, and pre-session-filed bills were formally introduced. Bills that were pre-session filed are available for public review on the Oregon Legislative Information System (OLIS). The Legislative Session will begin on January 19, 2021.

This year, the legislature is expected to address a number of complicated budgetary and policy issues that will affect the practice of law. Topics of interest include Ballot Measure 110, adequate funding for the courts, civil legal services and indigent defense, tort liability, equitable policing, aid and assist, fines and fees, emergency powers, and a host of other issues.

In response to the COVID-19 pandemic, the legislature will begin the session remotely. Public hearings in both chambers will be over videoconference. In response to the unique challenges of a remote legislative process, the public record will be extended for 24 hours after the start of each public hearing to allow for the submission of comments, support, and opposition. For more information on the legislative process, please see below.


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Oregon State Bar and the Legislative Process

Public Affairs is available to assist all Oregon State Bar sections and committees to track proposed legislation. If a section or committee identifies specific bills to follow, please contact Kellie Baumann in Public Affairs at [email protected], to ensure that legislation is included in a section’s bill-tracking list.

As bills are introduced, Public Affairs will review all proposed legislation and refer specific bills to groups that may be interested in the subject. Throughout the session, a section or committee’s legislative contact will likely receive periodic emails from Public Affairs notifying him or her of bills that might interest the group.

Once a section or committee has identified bills to follow, those bills will be input into the group’s bill-tracking page. Each group has its own page on the Public Affairs Department’s 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.

If you have any questions about proposed legislation, do not hesitate to reach out to Public Affairs.


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Oregon House and Senate Announce Committee Assignments for the 2021 Legislative Session

Over the last week the Speaker of the House and Senate President have each released committee assignments for the 2021 Legislative Session. House committee appointments can be found here and Senate committee appointments can be found here.

In both the House and the Senate, some changes have been made in to the Judiciary Committees.

House Judiciary Committee. This session, not only will the House have a Judiciary Committee, the speaker also created two subcommittees, a Subcommittee on Civil Law and a Subcommittee on Equitable Policing.

House Judiciary Committee

Rep. Janelle Bynum, Chair
Rep. Ron Noble, Vice Chair
Rep. Karin Power, Vice Chair
Rep. Maxine Dexter
Rep. Ken Helm
Rep. Jason Kropf
Rep. Rick Lewis
Rep. Lily Morgan
Rep. Kim Wallan
Rep. Marty Wilde

House Subcommittee on Civil Law

Rep. Karin Power, Chair
Rep. Kim Wallan, Vice Chair
Rep. Ken Helm 
Rep. Jason Kropf
Rep. Lily Morgan

House Subcommittee on Equitable Policing

Rep. Janelle Bynum, Chair
Rep. Ron Noble, Vice Chair
Rep. Maxine Dexter
Rep. Rick Lewis
Rep. Marty Wilde

Senate Judiciary Committee and Ballot Measure 110 Implementation.

This session, the Senate Judiciary Committee has been specifically tasked with Ballot Measure 100 implementation. Ballot Measure 110, which passed this past November, decriminalizes certain drug crimes and redirects funding to prevention and social services.

Sen. Floyd Prozanski, Chair
Sen. Kim Thatcher, Vice Chair
Sen. Sara Gelser
Sen. Dennis Linthicum
Sen. James Manning, Jr.
Sen. Dallas Heard
Sen. Michael Dembrow

Ways and Means Committee – Public Safety Subcommittee

Sen. Chris Gorsek, Co-Chair
Rep. Janeen Sollman, Co-Chair
Sen. Bill Hansell
Sen. Floyd Prozanski
Rep. Dacia Grayber
Rep. Jason Kropf
Rep. Gary Leif
Rep. Duane Stark


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Final Special Session of 2020 completed in late December

On December 21, 2020, the legislature met for its third and final special session of 2020. Public hearings were held prior to the special session on December 17, and December 19, 2020, to allow members of the public to testify virtually and submit written materials regarding the proposals considered. To review the public testimony and materials from the public hearings, please go here .

The Joint Committee on the Third Special Session of 2020 considered six policy and budgetary proposals. Five of the six proposals passed out of committee and passed both chambers to be signed by the Governor.

      • HB 4401 – Eviction moratorium and landlord assistance fund
      • HB 4402 – School liability protection
      • SB 1801 – Restaurant package
      • SB 1803 – Healthcare liability protection (did not pass out of committee)
      • SB 5731 – Transfer of state funds to the Emergency Board for COVID-19 and wildfire costs
      • SCR 231 – Adjournment

While SB 1803 did not move out of committee, the issue of healthcare liability, as well as general business liability, is expected to be discussed further during the 2021 Legislative Session.


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New Database for Chief Justice and Supreme Court Orders

The State of Oregon Law Library (SOLL) has launched a new searchable and publicly available database for Chief Justice Orders and Supreme Court Orders (non-case related). Searches can include text or metadata, such as order number, subject, and description. The database currently includes all orders from 2019 and 2020, and will include new orders going forward. Older orders are being added based on resource availability. The orders are posted as PDFs at this link: https://cdm17027.contentdm.oclc.org/digital/collection/p17027coll10.

For more information, contact Amanda Duke at SOLL: [email protected].


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Archives



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

2021 Oregon State Bar Officers and Public Affairs Chair



David Wade, President, Oregon State Bar
Kamron Graham, President Elect, Oregon State Bar
Liani Reeves, Immediate Past President, Oregon State Bar
Katherine Denning, Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Public Affairs Director
Amy Zubko, Public Affairs Legislative Attorney

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