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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    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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