October 17, 2018

Continued Focus on Public Safety Issues during September Legislative Days

Senate and House Interim Committees on Judiciary

On September 26, 2018, the Senate and House Interim Committees on Judiciary met in Salem during the fall legislative days. Over the almost three-hour meeting the committee members received information regarding the passage of Senate Bill 719 (2017), which instituted extreme-risk protection orders (ERPOs), and the implementation of House Bill 2355 (2017), which treats possession of controlled substances in some situations as a misdemeanor.

• • • Extreme-risk protection orders (SB 719). Judge Maureen McKnight from Multnomah County, along with the superintendent of the Oregon State Police and the Multnomah County Sheriff, testified on the use of ERPOs. In addition, a representative from Everytown for Gun Safety also testified. Judge McKnight focused on the impact of the ERPOs on the judicial system and provided data on the use of ERPOs in the court system.
    • Misdemeanor charging for some possession of controlled-substance arrests (HB 2355). Attorney General Ellen Rosenblum as well as representatives from Unite Oregon and the Criminal Justice Commission testified regarding the implementation of HB 2355. The speakers reported on the decrease in arrests as well as a decrease in racial disparities in felony possession of controlled-substances convictions.

In addition, the committees received information on a Behavioral Health Reinvestment Project, the Women’s Justice Project, an update on the Juvenile Justice Work Group, and marijuana diversion. These four projects may generate proposed legislation for the 2019 legislative session.

Joint Emergency Board Interim Subcommittee on Human Services

On September 24, 2018, the Joint Emergency Board Interim Subcommittee on Human Services met in Salem to hear reports and review funding requests from agencies engaged in healthcare, human services, and public safety. During the hearing, the Department of Justice, the Department of Human Services, the Oregon District Attorneys Association, and the Criminal Justice Commission as well as other agencies participated as part of a packed agenda. For a full review of the hearing materials, review the “Meeting Materials.”

• • • Juvenile dependency legal representation. The Department of Human Services and the Department of Justice jointly reported to the subcommittee regarding the implementation of HB 5006 and SB 5526. These two bills, passed during the 2017 legislative session, provide funding for enhanced legal representation for child-welfare workers in juvenile dependency hearings. The report from the two agencies indicated that full implementation of the program in all 36 counties is expected to occur by July 1, 2019, to meet the specific needs of each county.
    • Grand-jury recording. During the 2017 legislative session, the legislature passed SB 505, which requires the recording of grand-jury proceedings. The legislation required three counties to begin recording all grand-jury proceedings by March 1, 2018, while the remaining counties are required to begin by July 1, 2019. During the September meeting, the Oregon District Attorneys Association requested a funding allocation for costs associated with the implementation of SB 505. Central to the discussion were questions surrounding the financial responsibilities of the counties and the state.

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House of Delegates Regional Meetings

On Tuesday, October 12, 2018, the House of Delegates (HOD) proposed resolutions were published on the Oregon State Bar’s website. If you are interested in discussing these proposals prior to the HOD Annual Meeting on Friday, November 2, 2018, please consider participating in one of the HOD regional meetings scheduled for October 16–18, 2018. These meetings will be hosted in each bar region and provide an opportunity to learn about the HOD agenda and proposed resolutions for the annual meeting.

Tuesday, October 16, 2018

9:00 AM House of Delegates, Region 6, Conference Call
9:00 AM House of Delegates, Region 7, Clackamas County Counsel,
2051 Kaen Road, Oregon City
1:00 PM House of Delegates, Region 4, Oregon State Bar,
16037 SW Upper Boones Ferry Road, Tigard

Wednesday, October 17, 2018

9:00 AM House of Delegates, Region 3, Foster Denman LLP,
 3521 E. Barnett Road, Medford
9:00 AM House of Delegates, Region 8, Conference Call

Thursday, October 18, 2018

9:00 AM House of Delegates Region 2, Conference Call
9:00 AM House of Delegates, Region 5, TBD
1:00 PM House of Delegates, Region 1, Peachy & Myers PC,
401 E 3rd Street, Suite 105, The Dalles

For more information, please visit the Oregon State Bar’s House of Delegates page.

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Council on Court Procedures Publishes Draft Amendments

On September 8, 2018, the Oregon Council on Court Procedures met to discuss draft amendments to the Oregon Rules of Civil Procedure (ORCP). Over a two-year cycle, the council drafts, reviews, and promulgates rules and amendments to the Oregon Rules of Civil Procedure in response to developments to case law, new Oregon or federal legislation, innovations in technology, or changes in legal practice.

This cycle the council voted to publish the amendments and solicit comments on the following proposed rules and amendments. The full text of all proposed amendments can be found here:

• • • ORCP 7 – Summons
    • ORCP 15 – Time for Filing Pleadings or Motions
    • ORCP 16 – Form of Pleadings
    • ORCP 22 – Counterclaims, Cross-Claims, and Third-Party Claims
    • ORCP 38 (Conforming Amendment for ORCP 55) – Persons Who May Administer Oaths for Depositions; Foreign Depositions
    • ORCP 43 – Production of Documents and Things and Entry Upon Land for Inspection and Other Purposes
    • ORCP 44 (Conforming Amendment for ORCP 55) – Physical and Mental Examination of Persons; Reports of Examinations
    • ORCP 55 – Subpoena
    • ORCP 65 (Conforming Amendment for ORCP 55) – Referees

The council will meet again on December 1, 2018, to discuss comments and vote on the proposed rules and amendments. To submit comments or feedback, visit the Council on Court Procedure’s website for more information: http://www.counciloncourtprocedures.org.

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