February 14, 2020

HB 4004: Public Defense Services Commission Bill Moves Through First Chamber

This legislative session House Speaker Tina Kotek (D-North Portland) introduced House Bill 4004, which increases the Public Defense Service Commission (PDSC) membership from seven to nine members and modifies the experience necessary to serve on the commission. In addition, the bill includes language in response to concerns raised by a 2019 report published by the Sixth Amendment Center.

On the first day of the legislative session, the House Judiciary Committee heard testimony in support of the bill from representatives of the Public Defense Services Commission, the Oregon Criminal Defense Lawyers Association, and AFSCME Council 75, among others. The Oregon State Bar submitted a letter in support of the concept and the need to respond to the issues raised in the Six Amendment Center Report regarding attorney caseloads and the flat fee contract system. On February 7, 2020, the bill moved out of committee with a unanimous vote and on February 11, 2020 passed the House 57-2 with one excused. The bill will now move to the Senate for consideration.

In the coming weeks the Joint Committee on Ways and Means will have the opportunity to consider additional funding for the PDSC. At the end of the 2019 legislative session, the legislature earmarked up to $20 million for public defense services that may be appropriated during the 2020 legislative session.


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Oregon Judicial Department Introduces Three Legislative Concepts

During a short legislative session, the Oregon Judicial Department (OJD) may submit up to five legislative concepts. This year, the OJD submitted three bills to the legislature for consideration. The Oregon State Bar submitted testimony in support of the three bills and will follow each bill’s progress through the legislature process.

House Bill 4142 – Current law requires the OJD to charge a minimum $50 fee to set up a payment plan for individuals who are unable to pay their court fees in full. HB 4142 removes the minimum amount from the statute and allows the chief justice to authorize or direct courts to waive or suspend fees. The bill received a public hearing on February 10, 2020, moved out of the committee on February 12, 2020, and is on its way to the House floor.

Senate Bill 1575 – In 2019, the Oregon Legislature passed SB 24 that updated how the courts addressed defendants who are unable to aid and assist with their defense. SB 1575 is follow-up legislation that provides clarity regarding when and how a criminal defendant may be referred to the Oregon State Hospital. The bill received a public hearing on February 10, 2020, unanimously moved out of the committee on February 11, 2020 with the adoption of the -2 amendments, and is on its way to the Senate floor.

Senate Bill 1576 – Judicial Marshals are currently one of the few public law-enforcement officers who do not qualify for membership in the Public Employees Retirement System (PERS). SB 1576 would close this statutory loophole and ensure that Judicial Marshalls may join PERS. The bill moved out of the Senate Judiciary Committee on February 10, 2020, and passed out of the Senate with a 28-0 vote with 2 excused.


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Bills of Interest

HB 4065 – Repeals driving privilege suspension and eliminates imposition of driving privilege restrictions for failure to pay fine.

HB 4125 – Requires insurer to mail or deliver notice of cancellation of automobile insurance policy at least 30 days before effective date of cancellation.

SB 1506 – Establishes Public Records Advocate as independent office within executive department.

SB 1527 – Modifies requirements for enforceable noncompetition agreement.

SB 1540 – Requires certain persons that service student loans in this state to obtain or renew license.

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Board of Governors Host Reception for Legislators, Judges, and Attorneys in Salem

On February 6, 2020, OSB President Liani Reeves, in conjunction with the Oregon Supreme Court’s Council on Inclusion and Fairness, hosted a reception at the Salem Convention Center. Chief Justice Martha Walters, Liani Reeves and Justice Adrianne Nelson, council chair, welcomed the attendees and spoke briefly about the work of the Bar and the work of the council. Over the course of the evening, legislators, the Attorney General, members of the Oregon Supreme Court, Salem attorneys, and members of the OSB Board of Governors had the opportunity to discuss the current legislative session, learn more about the Bar’s legislative priorities, and hear from legislators about their proposed legislation.

Thank you to everyone who attended and made the evening a success!

(From L): Oregon Attorney General Ellen F. Rosenblum, Oregon Supreme Court Justice Adrienne C. Nelson, Oregon Supreme Court Chief Justice Martha Lee Walters, and Oregon State Bar President Liani Reeves. 

(From L): BOG Member Eric Foster, BOG Member Joe Piucci, Senator Shemia Fagan (D – Portland), BOG Member Jenny Cooke, and BOG Member Joseph Hesbrook. 

 

(From L): BOG Member Kyra Rohner, BOG Member Joe Piucci, BOG Member Katherine Denning, and former State Senator Cliff Bentz (R – Ontario)

(from L): BOG Member Ryan Hunt, Representative Jeff Barker (D – Aloha), and BOG Member Colin Andries.

(from L):  BOG Member Eric Foster, Oregon State Bar President Liani Reeves, Oregon Attorney General Ellen F. Rosenblum, and Representative Marty Wilde (D – Central Lane and Linn Counties).

(From L): Representative Carla Piluso (D – Gresham), Representative Akasha Lawrence Spence (D – Portland), Senator Manning (D – North Eugene, West Eugene, Santa Clara, and Junction City). 

(From L): Oregon Supreme Court Chief Justice Martha Lee Walters, Oregon Attorney General Ellen F. Rosenblum, Representative Akasha Lawrence Spence (D – Portland), BOG Member Traci Rossi, Oregon State Bar President Liani Reeves, and Mae Lee Browning, Chair, New Lawyers Group.

(From L): Former Oregon Supreme Court Chief Justice Edwin J. Peterson and Oregon State Bar President Liani Reeves.

(From L): Aruna Masih and Oregon State Bar CEO Helen Hiershbiel

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Board of Governors Legislative Breakfast Hosts Chief Justice and Legislators

On February 7, 2020, the OSB Board of Governors hosted Chief Justice Martha Walters and legislators at a legislative breakfast. Over the course of the morning the chief justice discussed the Oregon Judicial Department’s (OJD) 2020 proposed legislation as well as the the Department’s newly completed Strategic Plan. The strategic is made up of four key commitments, including:

1) Join with community partners to improve services and outcomes for people who are underserved, vulnerable, or marginalized; and develop effective, supportive, and creative solutions to respond to their legal needs

2) Improve access to justice by eliminating barriers; continuing to simplify and streamline our processes and forms; enhancing service options; leveraging technology; improving interpreter services; and advocating for resources to keep courts open, safe, and secure.

3) Enhance the public’s trust and confidence in Oregon’s state government, including the judicial branch, 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.

Thank you to everyone who attended!

(from L): Oregon Supreme Court Chief Justice Martha Lee Walters (seated) and Representative Gary Lief (R – Roseburg).

(From L): Mae Lee Browning, Chair, New Lawyers Group and Representative Duane Stark (R – Grants Pass)

(From L): Representative Raquel Moore-Green (R – Salem) and BOG Member Katherine Denning.

(From L): Representative Jeff Barker (D – Aloha) and Oregon State Bar President Liani Reeves.

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Archives



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

2020 Public Affairs Committee Members


Eric Foster, Chair
Katherine Denning, Vice Chair
Kyra Rohner
Ryan Hunt
Michael Rondeau
Joseph Hesbrook
Joe Piucci
Rob Milesnick

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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January 31, 2020

Judiciary Committee Provides Overview of Bills for 2020 Session

On Wednesday, January 15, 2020, the House and Senate Interim Judiciary Committees met jointly to receive reports, introduce legislative concepts, and discuss policy issues.

The meeting was packed with presentations, including discussion of the Indian Child Welfare Act, an overview of the Oregon Public Guardian and Conservator Program, a review of the Juvenile Expunction Work Group, and an introduction and overview of the House and Senate Judiciary Committee bills, among others. Of particular note are SB 1546, which relates to Public Safety; SB 1547, which relates to courts; and HB 4004, which relates to the Office of Public Defense Services.


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Bills of Interest

HB 4004 Expands membership of Public Defense Services Commission from seven to nine members. (Relating to the Public Defense Services Commission; declaring an emergency).
HB 4040 Directs Judicial Department to establish Family Treatment Court Program in certain counties to improve outcomes in child welfare cases resulting from parent’s or caregiver’s alleged substance use disorder. (Relating to family treatment courts; declaring an emergency).
HB 4148 Declares Oregon policy regarding Indian children. (Relating to Indian children).
SB 1547 Creates exception to requirement that court proceeding involving person in custody be transferred from court facility in Gresham to Portland if defendant is not in custody and certain warrants have been vacated or executed. (Relating to courts; declaring an emergency).
SB 1575 Defines terms related to fitness to proceed. (Relating to fitness to proceed).


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Introduction of Committee Bills during January Legislative Days

In mid-January the Oregon Legislature met to prepare for the 2020 legislative session. Over four days, committees met to receive reports, introduce legislative concepts, and discuss policy issues.

This year, bills were submitted to either the Chief Clerk of the House or the Secretary of the Senate to be filed by the end of day on January 17, 2020, with the exception of bills submitted by the Senate President, the House Rules Committee, and the Joint Ways and Means Committee.

The majority of legislative committees have the opportunity to each submit three committee legislative concepts. This year, each state senator has the opportunity to submit one personal bill, each state representative has the opportunity to submit two personal bills, and the Governor and Judicial Department have the opportunity to submit five bills. There are exceptions to these limitations; for example, the Joint Committee on Ways and Means and the Revenue Committees are not limited by the internal deadlines.

On January 27, 2020, the bills were posted and are now available for review. To review 2020 legislative concepts that have been pre-session filed, go to the Oregon Legislative Information System (OLIS) and click on the 2020 Legislative Session.

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2020 Committee Membership

Senate Committee on Judiciary
Senator Floyd Prozanski, Chair
Senator Kim Thatcher, Vice Chair
Senator Michael Dembrow
Senator Sarah Gelser
Senator Dennis Linthicum
Senator James Manning Jr.
Senator Alan Olsen

House Committee on Judiciary
Representative Tawna Sanchez, Chair
Representative Janelle Bynum, Vice-Chair
Representative Sherrie Sprenger, Vice-Chair
Representative Jeff Barker
Representative Mitch Greenlick
Representative Akasha Lawrence Spence
Representative Rick Lewis
Representative Raquel Moore-Green
Representative Carla Piluso
Representative Karin Power
Representative Duane Stark

Joint Committee on Ways and Means Subcommittee on Public Safety
Senator James Manning Jr., Co-Chair
Representative Carla Piluso, Co-Chair
Senator Denyc Boles
Senator Lew Frederick
Representative Janelle Bynum
Representative Akasha Lawrence Spence
Representative Gary Leif
Representative Duane Stark

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President’s Reception in Salem – February 6, 2020, at the Salem Convention Center

Please join Oregon State Bar President Liani Reeves, the Oregon State Bar Board of Governors, and the Oregon Supreme Court’s Council on Inclusion and Fairness at the Salem Convention Center from 5:00pm-7:00pm on Friday, February 6, 2020, for the OSB’s annual President’s Reception.

To RSVP, please email Cassandra Dyke at [email protected].

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Innovations in Technology Meets in Portland

In Mid-January, the annual Innovations in Technology Conference was held in Portland. This conference, which is now in its 20th year, began as an offshoot of the Legal Services Corporation’s Technology Initiative Grant (TIG) Program, which provides limited funding to legal services providers for technology projects. The LSC describes the conference’s purpose as “expand[ing] access to justice by promoting technological innovations in legal services delivery and pro se assistance.” Many in the legal community believe the mission is important because funding for low income legal services has historically fallen so short of what is needed to provide legal assistance to all who qualify. Some see the use of technology and alternative service delivery models as a partial solution to meeting the needs of some clients.

This year’s conference brought together legal services providers from around the United States and Canada, as well as IT professionals working on technology projects that aim to facilitate the provision of legal services to those in need. While much of the conference was focused on the legal needs of those who qualify for low income legal services, many of the programs and technologies discussed are equally applicable to meeting the legal needs of other clients.

One of the major focuses in 2020 was on IT projects that court systems and the legal services community have undertaken to assist the public both in understanding that they may have a legal problem and in finding legal services that are available in their area.

The Justice for All Summit was held in conjunction with the LSC Conference and was co-hosted by the Oregon Supreme Court, the Oregon State Bar, and Oregon’s legal aid providers. The one-day summit looking at ways to coordinate Oregon’s online legal self-help resources. Speakers included Angela Tripp, the Director of the Michigan Legal Help Program; J. Singleton, from the Legal Services State Support program in Minnesota; and Stacey Marz, the Administrative Director of the Alaska Court System.

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Archives



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

2020 Public Affairs Committee Members


Eric Foster, Chair
Katherine Denning, Vice Chair
Kyra Rohner
Ryan Hunt
Michael Rondeau
Joseph Hesbrook
Joe Piucci
Rob Milesnick

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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January 9, 2020

Legislature Releases 2020 Session Schedule

 

The 2020 legislative session will begin in less than a month. The session, scheduled for 35 days, was created to allow legislators to return to Salem to make necessary adjustments to the state’s budget and laws. While larger policy issues have arisen in the past, and are expected again this year, the calendar is crafted to move bills quickly through the legislative process by establishing multiple deadlines. For example, the first deadline is just four days after the legislature convenes.

This year, each state senator has the opportunity to submit one personal bill, each state representative has the opportunity to submit two personal bills, and each committee has the opportunity to submit three bills. There are exceptions to these limitations; for example, the Joint Committee on Ways and Means and the Revenue Committees are not limited by the internal deadlines.

Bills are expected to be published the week before the legislative session. If questions arise, please don’t hesitate to contact the OSB Public Affairs Department.

Session Dates of Note

February 3, 2020 – Legislature convenes
February 7, 2020 – Bills must be scheduled for a work session in their chamber of origin
February 13, 2020 – Bills must have been voted out of committee in their chamber of origin
February 20, 2020 – Bills must be scheduled for a work session in the second chamber
February 25, 2020 – Bill must have been voted out of committee in the second chamber
March 8, 2020 – Session ends (sine die)

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Jennifer Williamson Resigns from State Legislature to Focus on Secretary of State Race

On December 30, 2019, former State Representative Jennifer Williamson stepped down from her position representing House District 36 to focus on running for Oregon Secretary of State.

During her time in the legislature, Williamson served as the House Majority Leader from 2015–2019 and served on the House Judiciary Committee, including as chair, from 2013–2015 and 2017–2019. Williamson championed additional funding for the courts, civil legal aid services, justice reinvestment, and indigent defense. Throughout her tenure, Williamson’s support of the Bar’s legislative priorities has been invaluable.

Former Representative Williamson joined the Oregon Legislature in 2012. Before that she was in private practice and represented Portland State University in the legislature.

The Democratic primary for Oregon Secretary of State will be held in May 2020. Other candidates for the Democratic nomination are State Senator Mark Hass (D-Beaverton); Jamie McLeod-Skinner, a lawyer, engineer, and city manager; and former director of the Oregon Department of Business and Consumer Services, Cameron Smith.

Jennifer Williamson at event in 2015.

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Oregon Judicial Department Updates Forms

The Oregon Judicial Department has updated many existing statewide forms, and has adopted other new forms, to respond to legislation enacted during the 2019 session that became effective on January 1, 2020.

Updated and new forms that will be available on the OJD’s online Forms Center as of January 1 apply in the following areas:

      • firearms dispossession and surrender (crosses several case types)
      • set-aside of residential evictions
      • set-aside of certain marijuana convictions
      • reduction of the offense classification for certain marijuana convictions
      • postconviction DNA testing
      • denial of U-Visa certification requests

All the affected forms are available online as printable PDFs, and many of them also are available as interactive forms. See https://www.courts.oregon.gov/forms/Pages/default.aspx for more information.


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Military and Vets Host CLE on House Bill 2462 (2019)

On December 17, 2019, the Oregon State Bar Military and Veterans Section hosted a CLE, “Veterans Defense and House Bill 2462,” at the Standard Building downtown. The CLE, led by Jesse Barton, a member of the Military and Veterans Section, focused on the changes stemming from the passage of HB 2462 (2019).

HB 2462 directs trial court judges to notify service members facing criminal prosecution of the various legal protections and programs they are afforded under state and local Oregon law. In response to the legislation, the Oregon Judicial Department is currently updating the Oregon Judges Criminal Benchbook. Once completed the Oregon State Bar will work with the Oregon Judicial Department to update the arraignment video to reflect the information identified in HB 2462.

OSB Military and Veterans Section members (from L): Ross Neher, 2019 chair, Jaimie Fender, 2018 chair, and Jesse Barton, executive committee member and CLE presenter. 

Jesse Barton, OSB Military and Veterans Section Executive Committee member and CLE presenter. 

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Archives



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

2020 Public Affairs Committee Members


Eric Foster, Chair
Kate Denning, Vice Chair
Kyra Rohner
Ryan Hunt
Michael Rondeau
Joseph Hesbrook
Joe Piucci
Rob Milesnick

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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December 17, 2019

State Senator Cliff Bentz Steps Down to Run for Congress

During November Legislative Days, State Senator Cliff Bentz (R-Ontario) announced that he would be stepping down as of January 2, 2020, to run for Representative Greg Walden’s Congressional seat (Oregon’s Second District).

Senator Bentz joined the Oregon House of Representatives in 2008. After five terms in the House, he was appointed to the Oregon Senate in 2018 to complete the term of former Senator Ted Ferrolli. During Senator Bentz’s time in the legislature, he also maintained an active practice with Yturri Rose LLP in Ontario, with a focus on agricultural, water, and real property law.

While in the legislature, Senator Bentz worked on a number of issues important to the Bar and, most recently, served on the Senate Judiciary Committee. During the 2019 legislative session, Senator Bentz carried HB 2460, a bill from the Elder Law Section, and SB 360, a bill from the Nonprofit Organizations Law Section.

Former State Senator Jason Atkinson, former State Representative Knute Buehler, David Campbell, Kenneth Medenbach, Mark Roberts and Jeff Smith are also running in the Republican Primary. The Democratic primary contenders are John Holm, Raz Mason, and Isabella Tibbetts. The primary election will be held in May 2020.

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Lawyers at the Crossroads: Legal Ethics CLE at the Capitol

On December 6, 2019, the House and Senate Interim Judiciary Committees, in conjunction with the Oregon State Bar, hosted their final CLE in the Capitol for 2019. This CLE, presented by Dan Gilbert from the Oregon Legislature’s Office of Legislative Counsel and Amber Hollister, General Counsel for the Oregon State Bar, focused on the intersection of statutory ethics rules (ORS Chapter 244) and the Oregon Rules of Professional Conduct. Thank you to Senator Floyd Prozanski (D-Eugene), chair of the Judiciary Committee, for hosting this month’s CLE.

The one-hour CLE was certified for an ethics credit for Oregon lawyers. In addition, the CLE was recorded and is available for playback on the legislature’s website under “News Conferences and Non-Legislative Video.” To find the CLE, go to December 6, 2019, and look for the title of the CLE.

Additional CLEs will be offered in 2020. If you would like more information on future CLEs, please email Amy Zubko at [email protected]. Thank you to everyone who attended, participated, and provided feedback.

(From L: Dan Gilbert, Office of Legislative Counsel, Amber Hollister, General Counsel Oregon State Bar, and Senator Floyd Prozanski (D- Eugene)).


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How to Report MCLE Credit to the Oregon State Bar

This fall the Oregon State Bar updated the MCLE reporting process. If you attended or watched the CLEs at the Capitol, or participated in any other CLE for credit, the reporting process is below. If any questions arise, please contact the MCLE Department at the Oregon State Bar at [email protected].

Each of the CLEs listed below are available for playback on the legislature’s website under “News Conferences and Non-Legislative Video.”

To find the CLE in the MCLE database, follow the instructions below.

2019 CLEs at the Capitol

Mental Health in the Workplace
Monday, October 14, 2019
noon – 1:00 p.m.
Oregon State Capitol, Salem, Oregon
Program number: 60221

Mandatory Abuse Reporting
Tuesday, November 19, 2019
noon – 1:00 p.m.
Oregon State Capitol, Salem, Oregon
Program number: 61891

Lawyers at the Crossroads: Government Ethics and the Rules of Professional Conduct
Friday, December 6, 2019
noon – 1:00 p.m.
Oregon State Capitol, Salem, Oregon
Program number: 62700

MCLE Reporting Process
You may add a CLE program to your MCLE transcript by following these steps:

1. Log on to your Member Dashboard at hello.osbar.org
2. Go to the MCLE Reporting
3. Click Add Activity to Transcript
4. Click Accredited Group Course
5. Program Database Search Options (select one of the following)

      • Event ID
        i. Type in program ID # (replaces program number in old system)
        ii. Program automatically pops up in Search Results
        iii. Go to #6 below
      • Event Sponsor
        i. Type in sponsor name (spelled out / no acronyms)
        ii. Date range of program (optional)
        iii. Event Type (optional)
        iv. Credit type (optional)
        v. Go to #6 below
      • Event Title
        i. Type in program number, if available; title will auto populate – click on
        title to fill field
        ii. Leave all other fields blank
        iii. Go to #6 below
      • Date and City (for live events)
        i. Type in date of the event
        ii. Type in city of the event
        iii. Go to #6 below

6. Scroll down and click on Search Events
7. Double click on the course (LIVE version or RECORDED version)
8. Answer the question regarding if you completed all or part of the program.
9. Add the program to your transcript.


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NextGen Case Management/Electronic Case Files (CM/ECF) System Goes Live January 21, 2020

The U.S. District Court for the District of Oregon will implement CM/ECF NextGen on January 21, 2020. Please review the NextGen Instructions about how to ensure that you will be able to e-file when NextGen is implemented.

For those with a PACER account that was established in mid-2014 or before, the attorney will need to upgrade the PACER account. In addition, all users will have to make sure they know their CM/ECF username and password and keep them handy, so that they can link their PACER and CM/ECF accounts in order to e-file in Oregon federal district court on or after January 21.

Essentially, the changes to CM/ECF will allow users to have a single user ID and password for both PACER and CM/ECF, and new applicants to the District of Oregon Bar will submit their applications via PACER. Otherwise, the user experience for e-filing will stay the same. Even so, it is important to review the steps in the document linked above to avoid any interruptions to your ability to e-file. For more information, please navigate to ord.uscourts.gov/nextgen.

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Proposed and Out-of-Cycle Uniform Trial Court Rules (UTCR) Changes Published for Public Comment

On October 18, 2019, the Uniform Trial Court Rules Committee made recommendations to the Oregon Supreme Court on proposed changes to the Uniform Trial Court Rules. Some of these proposed changes, and one other change, were adopted out-of-cycle with various effective dates. In addition, the committee also recommended disapproval of some changes.

The committee encourages you to submit comments on these proposals, the recommendations (whether for approval or disapproval), and any other action taken by the committee or the Chief Justice. To be considered by the committee, public comment must be received by the UTCR Reporter by 5:00 p.m. on March 20, 2020.

A complete list with detailed explanations as well as instructions on how to submit comments is posted on the Oregon Judicial Department’s website at https://www.courts.oregon.gov/programs/utcr/Documents/19eBCM032jm_Notice-Seeking-Public-Comment-2020-Proposed-UTCR-Changes.pdf.

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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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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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