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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    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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