September 17, 2020

Oregon Fire Resources for Practitioners

The Oregon Judicial Department and the Professional Responsibility Fund have published guidance for Oregonians affected by the fires throughout the state.

For general information on the fires, please go to https://wildfire.oregon.gov/.

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Federal and State Moratoriums on Evictions and Foreclosure

In the early days of the COVID-19 pandemic, Governor Brown issued executive orders (EO 20-11, EO 20-13) addressing commercial and residential evictions. Those orders expired on July 1, 2020. In late June, the Oregon Legislature passed two bills to extend rental protections and defer mortgage payments. HB 4204 (1st Special Session 2020) directed lenders to defer both residential and commercial mortgage payments until September 30, 2020, due to the COVID-19 pandemic. HB 4204 included language that allowed the Governor to extend the mortgage foreclosure moratorium through executive order. HB 4213 (1st Special Session 2020) extended the moratorium on commercial and residential no-cause evictions through September 30, 2020.

This month the Center for Disease Control and Prevention issued a nationwide eviction moratorium. In addition, Governor Brown issued an executive order extending the foreclosure moratorium found in HB 4204 (1st Special Session 2020).

Center for Disease Control and Prevention issues eviction moratorium

On September 4, 2020, the Center for Disease Control and Prevention issued an order that temporarily halts residential evictions through December 31, 2020. The order applies to certain residential tenants who earn less than a specified income, have no other COVID-safe housing options, and are unable to pay rent.

Governor issues executive order extending foreclosure moratorium

On August 31, 2020, Governor Brown issued Executive Order 20-37, which extends the mortgage foreclosure moratorium established in HB 4204 (1st Special Session 2020) (see above). The executive order remains in effect until December 31, 2020, unless extended or terminated by the Governor.

Oregon Judicial Department updates guidance

This summer the Chief Justice brought together a work group to focus on landlord/tenant issues arising from the Governor’s moratorium and legislative actions. Updated guidance in light of federal and state actions will be available soon.

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2020 House of Delegates Meets on October 30, 2020

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 30, 2020. For the first time, the meeting will be held remotely via a live webcast. The House of Delegates includes 250 members elected from the bar licensees. To meet quorum requirements, at least 126 members need to attend.

Proposed resolutions wer due to the Oregon State Bar by September 15, 2020. The HOD agenda with resolutions will be published on October 9, 2020. HOD regional meetings will be held the week of October 19, 2020.

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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Former Oregon Supreme Court Justice Hans Linde Passes Away

On August 31, 2020, former Oregon Supreme Court Justice Hans Linde passed away at age 96. Justice Linde joined the Oregon State Bar in 1951 after graduating with a B.A. from Reed College and a J.D. from the University of California–Berkeley and clerking for United States Supreme Court Justice William O. Douglas.

After working for the U.S. State Department and in the Oregon Legislature, Justice Linde and his wife moved to Eugene, where he taught at the University of Oregon School of Law. During his time as a law professor, Justice Linde delved into state constitutional interpretation, creating a new approach now used throughout the country.

From 1977 to 1990, Justice Linde sat on the Oregon Supreme Court, and is known for, among other things, authoring the Fazzolari v. Portland School District decision (734 P.2d 1326 (1987)), which continues to be regularly cited and discussed.

After stepping down, Justice Linde worked with former Attorney General Hardy Meyers to establish the Oregon Law Commission, as well as mentoring a generation of Oregon lawyers.

To view Chief Justice Walters’ statement, go to the Oregon Judicial Department website. The Oregon State Bar’s condolences go out to Justice Linde’s family.

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Online Electronic Submission of Protective Orders

The Oregon Judicial Department (OJD) has enhanced its Online Forms Center and updated court rules to permit the electronic submission of filings relating to the following types of restraining orders:

        • Family Abuse Protection Act (FAPA),
        • Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), and
        • Sexual abuse.

Beginning September 1, 2020, restraining orders may be filed electronically, and there will no longer be a need to go to court in person to submit the filing or mail in the paperwork.

OJD is in the process of updating its EPPDAPA forms so they can be added to the electronic forms system (Guide & File). Once added (anticipated first quarter 2021), a user will be able to electronically submit those forms upon completion, as with the FAPA forms.

These changes are intended to improve access to justice for self-represented litigants, by simplifying the filing process. OJD’s forms center can be accessed here. The full announcement may be accessed here. 

Questions should be directed to Sam Dupree, Assistant General Counsel, Oregon Judicial Department, at [email protected].

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Feedback on Oregon Judicial Department Forms

Did you know that the Oregon Judicial Department has a process for providing feedback on forms? If you have suggestions, observations, or questions, please go to https://www.courts.oregon.gov/forms/Pages/feedback.aspx.

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Archives



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

2020 Oregon State Bar Officers and Public Affairs Chair



Liani Reeves, President, Oregon State Bar
David Wade, President Elect, Oregon State Bar
Christine Costantino, Immediate Past President, Oregon State Bar
Eric Foster, 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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