October 14, 2020

Senate and House Interim Judiciary Committees Meet during Legislative Days

On September 25, 2020, the House and Senate Interim Judiciary Committees met remotely during Legislative Days for an informational hearing. Legislators heard from Oregon’s Attorney General, the Director of Corrections, legislators, and stakeholders on a variety of topics over the three-hour meeting. To watch the hearing or review the written materials, go to the Oregon Legislature’s website.

          • Oregon Attorney General Consumer Privacy Task Force. Attorney General Ellen Rosenblum reported to the committee members on the work done by the Consumer Privacy Task Force. Two bill drafts are in the process of being written, which will be shared once they are returned to the work group.
          • Senate Medical Liability Work Group. Representatives from the Oregon Medical Association, the Oregon Association of Hospitals and Health Systems, and the Oregon Trial Lawyers Association testified about COVID-19 medical liability.
          • House Liability Work Group. Representative Karin Power (D-Milwaukie) reported on the discussions of the House Liability Work Group. While the group, made up of consumer protection advocates and members of the business community, did not come up with consensus language, they were able to discuss many of the COVID-19 issues facing businesses and community members.
          • Re*Membering Program and Access to Adults in Custody during COVID. Julia Yoshimoto from the Oregon Justice Resource Center Women’s Justice Project and Collette Peters from the Oregon Department of Corrections testified regarding lawyer access to inmates through the Re*Membering Program at Coffee Creek Correctional Facility.
          • Oregon Department of Corrections Update on Adults in Custody and COVID-Related Accelerated Release. Collette Peters from the Oregon Department of Corrections reported on the release program.

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Work Group Develops Forms to Address Racially Restrictive Covenants

On Tuesday, September 22, 2020, Representative Julie Fahey (D-Eugene), Pat Ihnat (former chair of the OSB Real Estate and Land Use Section), and Erin Pettigrew (Oregon Judicial Department) testified to the Senate Housing Committee regarding the implementation of House Bill 4134 (2018).

The intent of HB 4134 was to create a relatively simple procedure for removal of discriminatory restrictions on the use of real property by reason of race, color, religion, sex, sexual orientation, national origin, or disability. A judgment resulting from this process will reaffirm that such restrictions are null and void under Oregon law.

At the request of the legislature, a work group met in 2019 to draft forms designed to assist a petitioner with providing the information required by HB 4134 in a manner consistent with the format of most court filings in Oregon.

The draft forms contain four separate documents:

          • the petition, which asks the court to enter a judgment removing the discriminatory provisions;
          • a notice, which the petitioner is required to serve on any other property owners to ensure they are informed about the proceeding;
          • an affidavit, which affirms to the court that the petitioner provided the required notice; and
          • a judgment, which the judge can complete, sign, and file if the petition is granted.

Draft forms were submitted to the Oregon Judicial Department for review and consideration. The department will review, edit, and post the HB 4134 forms on the OJD website as soon as possible and will continue to work with our judges and staff to promote their use.

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Governor Extends Eviction Moratorium to December 31, 2020

On September 28, 2020, Governor Brown issued Executive Order 20-56. EO 20-56 extends the existing eviction moratorium currently found in House Bill 4213 (1st Special Session 2020). EO 20-56 extends the state eviction moratorium through December 31, 2020.

In addition, the Centers for Disease Control and Prevention issued an eviction moratorium in early September, which is running concurrently. The federal order applies to certain residential tenants who earn less than a specified income cap, have no other COVID-safe housing options, and are unable to pay rent.

The Governor’s foreclosure moratorium, found in Executive Order 20-37, also runs through December 31, 2020.

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Upcoming Events

• BOG Member Elections – October 5 to 19, 2020.
House of Delegates Regional Meetings

            • Region 1 – October 15, 2020 (9:00 am)
            • Region 2 – October 13, 2020 (9:00 am)
            • Region 3 – October 15, 2020 (9:00 am)
            • Region 4 – October 15, 2020 (1:00 pm)
            • Region 5 – October 14, 2020 (1:00 pm)
            • Region 6 – October 13, 2020 (1:00 pm)
            • Region 7 – October 14, 2020 (9:00 am)
            • Region 8 – October 14, 2020 (9:00 am)

House of Delegates Annual Meeting – October 30, 2020 at 9:00am

• Legislative Days – December 7 – 10, 2020

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2020 Judicial Candidate Voting Guide

Have a question about judicial candidates this fall? Go to the Oregon State Bar’s 2020 Judicial Candidate Voting Guide to learn more about the candidates.

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Oregon Wildfires – Disaster Legal Services

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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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