Author: Kellie Baumann

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

• • • • • • 2020 HOD Agenda

• 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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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.

• • • • Oregon Judicial Department – https://www.courts.oregon.gov/courts/Pages/2020FireInfo.aspx
      • Professional Liability Fund – https://www.osbplf.org/inpractice/a-message-to-our-oregon-legal-community-in-response-to-the-wildfires/

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 were 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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Second Special Session of the Oregon Legislature Held on August 10, 2020

On August 10, 2020, Oregon legislators returned to the state capitol for a one-day special session called by Governor Brown. The focus of the Second Special Session was a rebalance of the state’s 2019–2021 biennial budget. As a result of the COVID-19 pandemic and the resulting economic contraction, Oregon was facing a $1 billion budgetary shortfall. In addition, the Legislature considered five policy bills addressing unemployment claims and police accountability.

Of the 12 bills considered by the Legislature, 11 bills passed out of committee and through the Legislature. The bills will now be sent to the Governor for her review and signature. The legislative special session opened at 8:00 a.m. and sine die was declared at 10:47 p.m.

House Bills

• • • HB 4301 – Provides that peace officer or corrections officer may not use force that impedes normal breathing or circulation of blood of another person by applying pressure on throat or neck except in specified circumstances.
    • HB 4302 – Establishes and modifies fees and requirements relating to permits for mineral exploration, mining operations, exclusion certificates, gas and oil drilling and exploration, and geothermal well drilling operation.
    • HB 4303 – Directs State Treasurer to transfer moneys from Education Stability Fund to State School Fund.
    • HB 4304 – Modifies requirements relating to certain fiscal reports.
    • HB 5221 – Modifies amounts of lottery funds allocated from Administrative Services Economic Development Fund to state agencies.

Senate Bills and Resolutions

• • • • SB 1701 – Provides that unemployed individual receiving unemployment insurance benefits who has earnings from less than full-time employment may earn greater of $300 or one-third of individual’s weekly benefit amount before individual’s weekly benefit amount is reduced.
      • SB 1702 – Temporarily authorizes payment of unemployment insurance benefits to individuals performing services in other than instructional, research, or principal administrative capacity for educational institution or institution of higher education in circumstances in which payment is currently denied. (Did not pass.)
      • SB 1703 – Provides temporarily that during statutorily declared emergency Governor may authorize Director of Department of Revenue to disclose certain information set forth in tax report or return to Director of Employment Department if Director of Department of Revenue determines that administration of any federal or state law or program requires disclosure to enable Employment Department to verify identity or income level of any person for purposes related to emergency or any consequences of emergency.
      • SB 5721 – Modifies amounts and purposes authorized for issuance of general obligation bonds and revenue bonds for biennium.
      • SB 5722 – Modifies limits on payment of expenses from specified funds by certain state agencies for capital construction.
      • SB 5723 – Appropriates moneys from General Fund to Emergency Board for allocations during biennium
      • SCR 221 – Adjourns sine die 2020 second special session of Eightieth Legislative Assembly.

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  Rebalancing Oregon’s Public Safety Budgets

  The budgets of the Oregon Judicial Department, the Oregon Department of Justice, and the Public Defense Services Commission, not to mention other public safety agencies and commissions, are overseen by the Joint Committee of Ways and Means Subcommittee on Public Safety Subcommittee. The committee, led by Senator James Manning Jr. (D-Eugene) and Representative Janeen Sollman (D-Hillsboro), met on July 24, 2020, to receive public testimony on the rebalance plan proposed by the Joint Co-Chairs of Ways and Means, Senator Betsy Johnson (D-Scappoose), Senator Elizabeth Steiner-Hayward (D-Portland), and Representative Dan Rayfield (D-Corvallis). Proposed public safety budget cuts can be found here.

  The Oregon Judicial Department, anticipating budget cuts, scheduled three furlough days prior to the legislative session. Savings from the furlough days, coupled with vacancy savings as well as savings from the reduced number of jury trials, among other modifications, resulted in approximately $11 million in reductions to help rebalance the state budget.

  The Department of Justice had cuts as well, including to the defense of criminal convictions, prosecution support services, and the closure of the Portland child support office.

  The Public Defense Services Commission had almost $2 million in cuts, including savings from general operations and a reduction in services and supplies for the appellate division.

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  Chief Justice Continues COVID-19 Response Efforts

  
  Since March, the Oregon Judicial Department has worked closely with judges, stakeholders, judicial staff, and the public to ensure access to justice for Oregonians. On July 21, 2020, the Chief Justice issued CJO 20-016, to identify and implement best practices for courthouse activities. In addition courts continue to use remote access, either web-based or telephonically, when appropriate.

  Moving forward, the Chief Justice has created a number of workgroups, organized by case type, to identify additional steps the court may take to streamline and simplify court processes. Groups have already begun to meet, and if you have any suggestions for any of the workgroups, please submit them to [email protected]. Feedback is requested before September 1, 2020.

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  Request for Comments on UTCR Out-of-Cycle Amendment Addressing Electronic Signatures

  The Oregon Judicial Department is seeking comment on out-of-cycle amendment of Uniform Trial Court Rule (UTCR) 21.090(4). Amendment of UTCR 21.090(4) was adopted out-of-cycle by Chief Justice Order 20-029, effective July 21, 2020.

  You may view the amendment and additional information at http://www.courts.oregon.gov/programs/utcr/Pages/currentrules.aspx.

  You may submit your comments by

  • • • Website – click on the button next to the proposed amendment.
      • Email ([email protected])
      • Traditional mail (UTCR Reporter, Supreme Court Building, 1163 State Street, Salem, Oregon, 97301-2563)

  Please submit your comments so that the Judicial Department receives them by 5:00 p.m. on September 28, 2020.

  Comments will be reviewed by the UTCR Committee at its next meeting on October 2, 2020.

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  Archives

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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

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  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:

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  Susan Grabe, Public Affairs Director
  Amy Zubko, Public Affairs Legislative Attorney
  

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First Special Session of 2020 Held in Late June

On June 24, 2020, the Governor called the Legislature into special session to address COVID-19, police accountability legislation, and legislative concepts addressed in the 2020 regular legislative session in February. The special session, called the First Special Session of 2020, focused on policy issues. A second special session is expected later this summer to address state budget shortfalls.

Legislation during the special session was roughly broken out into the three groups. COVID-19 legislation included everything from foreclosure and eviction moratoriums (HB 4204, HB 4213) to tracking race and ethnicity data of patients. HB 4212, which included many of the provisions, also addressed the Chief Justice’s authority to extend deadlines, the extension of statutory deadlines, and remote online notarization (see article below). The third group of legislation addressed police accountability (see article below).

Residential and Commercial Eviction and Foreclosure Protections

In the early days of the COVID-19 pandemic, Governor Brown issued executive orders addressing commercial and residential evictions. Those orders were scheduled to end as of July 1, 2020. Last week, the Legislature passed two bills to extend rental protections and defer mortgage payments. HB 4204 directs lenders to defer both residential and commercial mortgage payments until September 30, 2020, due to the COVID-19 pandemic. HB 4213 extends the moratorium on commercial and residential no-cause evictions through September 30, 2020.

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Police Accountability Legislation Passes Legislature

At the urging of the Black, Indigenous, and People of Color (BIPOC) Caucus, the Legislature considered six police accountability legislative proposals. The following six proposals passed during the June special session, with additional legislation expected in the 2021 legislative session.

• • • HB 4201: Establishes a Joint Committee on Transparent Policing and Use of Force Reform to continue making progress on police reform. The committee will make recommendations to the Judiciary Committees by December 31, 2020, prior to the 2021 legislative session.
    • HB 4203: Declares that a peace officer is not justified or reasonable in any circumstance to use physical force that impedes “the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck of the other person” unless it is a circumstance in which an officer may use deadly force as provided by ORS 161.239.s
    • HB 4205: Requires police and reserve officers to intervene to prevent or stop another officer from engaging in an act they know, or should reasonably know is misconduct.
    • HB 4207: Requires the Department of Public Safety Standards and Training (DPSST) to establish a statewide online public database of records for officers whose certification has been revoked or suspended and specifies the information to be provided as well as timeline for posting.
    • HB 4208: Prohibits law enforcement agencies from using tear gas for crowd control, except for circumstances that meet the definition of a riot in ORS 166.015.
    • SB 1604: Under current processes, when an internal investigation finds misconduct of a police officer, the chief of police would apply a discipline guide that has been agreed to by the public employer and the collective bargaining unit. In response, the officer has the option to grieve the decision all the way to arbitration. The arbitrator has the power to either disagree with the finding, agree with the finding and uphold the discipline, or agree with the decision but substitute a different discipline. Under this measure, if the arbitrator agrees misconduct occurred, the arbitrator must impose the discipline required by the discipline guide.

On June 30, 2020, the Legislature announced the formation of the Joint Committee on Transparent Policing and Use of Force Reform. The committee will be co-chaired by Senator James Manning (D-Eugene) and Representative Janelle Bynum (D-Happy Valley). Senator Manning also serves as the Senate co-chair of the Joint Ways and Means Public Safety Subcommittee and on the Senate Judiciary Committee. Representative Bynum serves as the chair of the House Judiciary Committee and on the Joint Ways and Means Public Safety Committee.

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Legislature Implements Safe Courts Provisions and Remote Online Notarization

During the First Special Session of 2020, the Legislature passed HB 4212. This omnibus bill implemented a number of changes in state law in response to COVID-19, from emergency shelter siting to CARES Act payment protection. In addition, the Legislature made statutory changes, with sunsets, to provide the court with greater authority in certain circumstances to extend statutory deadlines, both civil and criminal, if COVID-19 delays court proceedings. In addition, the bill extends pre-filing statutory timelines for specific cases. The bill also authorizes a pilot project to allow for remote online notarization. To find the statutory language of the three concepts, go to the following sections:

• • • Court authority (sections 6, 8)
    • Statute of limitations (sections 7, 8)
    • Remote online notarization (sections 19–35)

Thank you to the many practitioners who volunteered with the Oregon Judicial Department and the Oregon Law Commission to develop statutory language in a rapidly changing environment.

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Indian Child Welfare Act Bill Passes Oregon Legislature

During the 2020 legislative session, Representative Tawna Sanchez (D-Portland), along with Senator Bill Hansell (R-Pendleton), Senator Arnie Roblan (D-Coos Bay), Representative Rick Lewis (R-Silverton) and Representative Ron Noble (R-McMinnville), introduced HB 4148. A workgroup of policymakers, attorneys, legislators, and tribal representatives developed consensus language that modified Oregon’s Dependency Code to align with the federal Indian Child Welfare Act (ICWA). While the bill did not pass before the end of the 2020 legislative session due to the Republican walkout, there was strong bipartisan and bicameral support for the legislation.

During the First Special Session of 2020, the concept was reintroduced by Representative Sanchez and Speaker Tina Kotek (D-Portland) as HB 4214. The bill overwhelmingly passed both chambers and was signed by the Governor on June 30, 2020.

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Oregon Supreme Court Allows Diploma Privilege

Last month the deans of the three Oregon law schools requested the Oregon Supreme Court allow diploma privilege for recent law school graduates due to the COVID-19 pandemic.

On Monday afternoon, June 29, 2020, the Oregon Supreme Court met to discuss the request and options for the July 2020 bar exam. After discussion, the Court approved several temporary measures related to the ability to practice law in Oregon, including a one-time Oregon diploma privilege option.

One-time modifications to the July 2020 bar exam process include the following options:

1) Take the bar exam as planned in July;
2) Choose a one-time diploma privilege; or
3) Choose to take an online-only Oregon bar exam in October.

Applicants had to select an option and notify the Board of Bar Examiners of their decision on or before July 6, 2020. Those who did not notify the Board of their choice, and who had signed up for the July 2020 bar exam, will default to the July 2020 bar exam.

For more information, please visit the Oregon State Bar Admissions website or the Oregon OJD website. The court has issued an order which can be found here.

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Oregon Judicial Department Provides Update to Legislature

Due to the COVID-19 pandemic, the Oregon House and Senate each held their May/June interim legislative day meetings remotely. Because of the closure of the Capitol, hearings were live streamed on the Oregon Legislative Information System (OLIS) and broadcast on the Capitol steps. Unlike previous interim hearings, the House and Senate Judiciary committees did not meet jointly. As a result, the Oregon Judicial Department (OJD) had the opportunity to present to each committee separately.

The presentation from the OJD was provided by Chief Justice Martha Walters, Deschutes County Circuit Court Judge Raymond D. Crutchley, and Nancy Cozine, the Oregon State Court Administrator. In presentations to both committees, Chief Justice Walters provided an overview of the court system and the steps OJD has taken to continue providing judicial services while ensuring appropriate health and safety . Judge Crutchley provided an on-the-ground description of how the courts would be reopening as the Governor allowed counties to partially reopen in Phase II. Ms. Cozine discussed the expected increase in use of court services and the surge of legal cases as the court system reopens.

In addition, the chief justice and Ms. Cozine discussed draft legislative concepts which may be introduced during a possible legislative special session. The draft language, which has been updated after feedback from practitioners, was drafted to allow greater flexibility for the court system during a declared state of emergency.

For additional information on the OJD’s Chief Justice Orders as well as other courts, the Oregon State Bar has created a COVID-19 Response page with information from the federal, state, and many administrative and municipal courts.

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House Interim Judiciary Committee and Senate Interim Judiciary Committee Meet Remotely

On May 28, 2020, and June 3, 2020, the House and Senate Interim Judiciary Committees met respectively to discuss a variety of civil and criminal legal issues that have arisen from the COVID-19 pandemic. There was a significant amount of overlap in the presentations, with many of the same groups presenting to both committees. However, each hearing had a unique perspective and focus, driven in part by the interests of the legislators. Both hearings have been posted on OLIS.

The House Committee, chaired by Representative Janelle Bynum (D-Happy Valley), met on May 28, 2020. The presentation from the Oregon Judicial Department provide an overview of their response to the COVID-19 pandemic (referenced above) opened the meeting. During the remainder of the meeting, the committee heard presentations regarding:

• • • Oregon Department of Corrections’ response to COVID-19 epidemic for adults in custody
    • Effects of COVID-19 epidemic on domestic violence occurrences and responses
    • Consumer and business liability concerns in response to COVID-19 epidemic (including workers’ compensation and business liability).

To watch the May 28, 2020 House Interim Judiciary Committee meeting, visit the committee’s webpage for video and meeting materials.

The Senate Committee, chaired by Senator Floyd Prozasnki (D-Lane County), met on June 3, 2020. In addition to the topics addressed in the House Committee, the Senate Committee heard presentations on:

• • • Remote notarization and attestation
    • COVID-19 admission restrictions at Oregon State Hospital
    • Effects of COVID-19 epidemic on domestic violence occurrences and responses
    • Increase in firearm sales and background check issues during COVID-19 epidemic

To watch the June 3, 2020 Senate Interim Judiciary Committee meeting, visit the committee’s webpage for video and meeting materials.

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2020 Primary Election Results

The 2020 primary election was held in Oregon on May 19, 2020. This year, 12 of the 75 seats up for election had legally trained candidates running for either a House or Senate seat. Of the 12 candidates, nine won their respective primaries, including four first-time candidates. The full list of results are posted on the Oregon Secretary of State’s website.

In the Oregon House, Charles Lee (D-Roseburg), Kim Wallen (R-Medford), Marty Wilde (D- Eugene, N. Lane), Dan Rayfield (D-Coravallis), Ken Helm (D-NE Washington County), Karin Power (D-Milwaukie), Emerson Levy (D-Deschutes County), and Jason Kropf (D-Bend) received the nomination from their party for the general election in the fall.

In the Oregon Senate, Melissa Cribbins (D-Mid-Coast) received the nomination from her party for the full election in the fall.

Legally trained state senators, Floyd Prozanski (D-S. Eugene, Lane County), Peter Courtney (D-Keizer, Woodburn), Betsy Johnson (D-St. Helens and the North Coast), and Shemia Fagan (D-Mid. Multnomah County), are midterm in their cycles and are not running in 2020.

In two of the statewide races, current or former lawyer legislators won their primary and will move on to the general election in November.

The republican primary race for the 2nd congressional seat, currently held by Greg Walden who will be retiring, had two former state senators running: Cliff Bentz and Jason Atkinson. Cliff Bentz won the primary and will be running as the republican candidate in November.

The democratic primary race for Secretary of State, currently held by Bev Clarno who will be retiring, had two current state senators running: Shemia Fagan and Mark Hass. Shemia Fagan won the primary and will be running as the democratic candidate in November. If Senator Fagan wins the general election, she will step down from the legislature and her position will be filled through the appointment process.

Thank you to all legally trained candidates who ran in the 2020 primary and best of luck to the candidates in the November election.

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File & Serve Upgrade on Saturday, June 20, 2020

The Oregon Judicial Department (OJD) will upgrade File & Serve on Saturday, June 20, 2020, beginning at 7:00 AM. File & Serve will be offline until noon.

The new version of File & Serve will look and function the same as the current version of File & Serve. The only substantive difference will be the addition of case subtypes as a filing option. In addition to upgrading the File & Serve system, OJD will also update the File & Serve documentation on the OJD and the File & Serve websites. This will include a list of case subtypes, which is attached to this memo.

OJD will host two webinars that will cover File & Serve functionality, including how to add case subtypes, and a discussion about Oregon’s Electronic Filing Standards. The webinars are also opportunity to ask questions about recent changes related to electronic filings such requirements for electronically filed exhibits and declarations that have been electronically signed by non-filers.

The webinars will occur on Thursday, June 18, 2020 at 3:00 PM and Friday, June 19, 2020, at 12:00 PM. You may register for a webinar by clicking on one of the links below:

• • • Thursday, June 18, 2020, from 3:00 PM to 4:00 PM
    • Friday, June 19, 2020, from 12:00 PM to 1:00 PM

Please contact Sam Dupree at the Oregon Judicial Department if you have any questions ([email protected]; 971-283-1133).

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Oregon State Bar Board of Governors Approves 2021 Legislative Proposals for Drafting

On May 22, 2020, the Oregon State Bar Board of Governors met to discuss a variety of issues, including the 2021 OSB Legislative Law Improvement Program (LIP). This year, the LIP included proposals from eight different bar sections, committees, and groups and addressed issues from will retention to veterans’ preference in hiring. After review, the Board of Governors approved 13 proposals for drafting by the Oregon Legislature’s office of Legislative Counsel. Legislative concepts will be drafted over the summer months and reviewed by the Bar’s sections and committees. Bar LIP bills have historically been submitted as committee bills during the December legislative interim days.

The legislative proposals are posted on the Oregon State Bar’s Public Affairs webpage. Please contact Susan Grabe at [email protected] with any questions about the proposed statutory changes.

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Approved Changes to the UTCR Effective August 1, 2020

Chief Justice Walters has signed CJO 20-021, which approved changes to the Uniform Trial Court Rules (UTCR), effective August 1, 2020.

Changes and out-of-cycle amendments of special note prohibit civil arrests in courthouses and courthouse environs without a judicial warrant or judicial order; require judgments, orders, and writs to clearly state the substance of the court’s ruling; allow the use of electronic signatures on declarations; create a rule for filing exhibits in post-conviction relief cases; and amend requirements for filing a Uniform Support Declaration. The approved changes are available
online at http://www.courts.oregon.gov/programs/utcr/Pages/currentrules.aspx. The Preface to the 2020 UTCR includes detailed explanations of the changes.

The UTCR Committee’s next meeting is October 2, 2020. The committee welcomes proposals for changes to the trial court rules. Submit proposals by August 31, 2020, to [email protected] or mail them to UTCR Reporter, Office of the State Court Administrator, Supreme Court Building, 1163 State Street, Salem, OR 97301-2563

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COVID-19 Resources – New Chief Justice Order from the Oregon Judicial Department

On Friday, May 15, 2020, the Chief Justice released CJO 20-016. The CJ Order becomes effective on June 1, 2020 and eases current restrictions on court activity while still allowing for social distancing.

On Friday, May 15, 2020 Governor Brown authorized Phase One reopening status for 31 of Oregon’s 36 counties. In those counties that have been authorized for Phase One reopening, courts may conduct bench trials and all other court proceedings. In order for these activities to take place, sufficient court staff must be available and social distancing requirements will need to be met. Jury trials and jury trials and FED first appearances and trials are not included. This goes into effect on June 1, 2020.

On July 1, 2020, in counties where the Governor has authorized gatherings of at least 50 people in one location, courts may conduct jury trials in all civil and criminal cases and FED first appearances and trials if no applicable moratorium is in effect. These activities may take place if sufficient staff are available and social distancing requirements are met.

The court operations under CJO 20-016 are in addition to court operations that have been occurring under amended CJO 20-006 released on March 27, 2020.

For a complete overview of the updates, the Oregon State Bar’s website includes a COVID-19 response portal with up-to-date information from the Oregon Judicial Department, Oregon State agencies, and the Oregon State Bar.

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ABA Advocacy Day Goes Digital

Every year, the OSB participates in the American Bar Association (ABA) Annual Lobby Day. Historically this has been an opportunity for the OSB, the Oregon Law Center, and the Campaign for Equal Justice to meet with Oregon’s congressional delegation and share our support for adequate funding for the Legal Services Corporation (LSC), the federal mechanism for funding civil legal aid services. This year, because of the COVID-19 pandemic and the concerns about travel, the ABA moved to a Digital Day of Advocacy.

This year the OSB and Oregon’s legal aid providers focused on four issues: adequate funding for civil legal aid, the Public Service Loan Forgiveness (PSLF) Program, funding for veterans’ legal needs, and strengthening Oregon’s broadband access.

Funding for the Legal Services Corporation: Advocacy efforts last year helped increase LSC funding by $25 million to its highest appropriation ever—$440 million. Despite this increase, funding remains woefully insufficient. Nearly one million low-income Americans who seek help for civil legal problems are turned away each year for lack of adequate resources, and due to COVID-19, that number is expected to increase. In fact, legal services offices across the country are seeing a significant increased need for help already.

Public Service Loan Forgiveness: Bar advocacy is needed to help preserve the PSLF Program, which enables law school graduates and other professionals to embark on, and remain in, less remunerative public service careers by offering partial student loan forgiveness for a service commitment of 10 years. This important program has helped many underserved communities hire the prosecutors, public defenders, legal aid lawyers, doctors, nurses, teachers, social workers, and other professionals they need in vital public service positions.

Legal Services for Homeless Veterans: Nearly 40,000 veterans are homeless on any given night, and there is a very real danger that that number will spike considerably in the coming months, given the increasing number of people losing jobs, being evicted, and facing poverty in the wake of the COVOD-19 pandemic. One way we can help veterans achieve self-sufficiency and secure permanent shelter is to ensure that they receive the legal assistance necessary to access Veterans Affairs (VA) services or benefits to which they are entitled. The lack of available legal help is exacerbated by the fact that the VA lacks the legal authority to directly support legal services.

Rural Broadband: Approximately 25 million Americans lack high-speed internet access, 96 percent of whom live in rural areas. Inadequate access not only makes it hard for lawyers in rural areas to practice law, it also discourages lawyers and other professionals from working in rural areas. Many children and adults living in rural communities impacted by COVID-19 do not have adequate broadband connections to access educational materials online, participate in remote learning, or take advantage of telemedicine opportunities that might be needed if they or their families get sick.

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2020 Interim House Committee Appointments Announced

On April 28, 2020, House Speaker Tina Kotek announced committee appointments for the 2020 interim. During the interim, policy committees provide oversight, provide feedback to legislative work groups, and review legislative concepts and issues before the long legislative session beginning in 2021. In addition, interim committees may presession file legislative concepts for consideration in December 2020 for the 2021 Legislative Session.

There were a number of changes made including to the make-up of the House Judiciary Committee. Representative Janelle Bynum (D – Happy Valley) the previous vice chair, will become chair of the committee. While she remains on the committee, Representative Tawna Sanchez (D- Portland) who chaired the House Judiciary Committee through the 2020 Legislative Session, has stepped down as chair of the House Judiciary Committee to chair the House Human Services Committee. Representative Sherri Springer (R – Scio), a long time vice chair of the committee, has been joined by Representative Karin Power (D- Milwaukie) in the roll. The House Interim Judiciary Committee will meet remotely on May 28, 2020 from 3-6 pm. The meeting will be broadcast over the Oregon Legislative Information System.

The Bar looks forward to working with the members of the House Interim Judiciary Committee in the coming months.

House Judiciary Committee
Chair Representative Janelle Bynum
Vice-Chair Representative Karin Power
Vice-Chair Representative Sherrie Sprenger
Member Representative Jeff Barker
Member Representative Akasha Lawrence Spence
Member Representative Rick Lewis
Member Representative Raquel Moore-Green
Member Representative Ron Noble
Member Representative Carla Piluso
Member Representative Tawna Sanchez

To see a full list of House Committee member assignments, visit the Oregon State Legislature’s website (https://www.oregonlegislature.gov/) and click on “Committees” in the ribbon.

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OSB Public Affairs Committee Hosts 2020 Legislative Forum

On April 27, 2020, the Oregon State Bar (OSB) Board of Governors (BOG) Public Affairs Committee met to host the 2020 Legislative Forum. This year seven OSB sections, workgroups, and committees submitted 10 law improvement proposals for consideration by the BOG to be drafted by the legislature’s Office of Legislative Counsel as part of the 2021 Law Improvement Program. In addition, the Public Affairs Committee discussed potential 2021 BOG priority legislation.

Law improvement concepts are proposed bills that clarify statutory ambiguities, remove unnecessary procedural requirements, modify unforeseen glitches in previous legislation, or otherwise improve the practice of law. The proposals are reviewed by the Public Affairs Committee to ensure that they meet the criteria established by both the OSB bylaws and the U.S. Supreme Court case Keller v. State Bar of California, 496 US 1 (1990).

This year, due to the limitations on in-person meetings stemming from the COVID-19 pandemic, the Legislative Forum was held via videoconference. Representatives from the seven sections, as well as other interested parties, attended the public meeting and listened to the presentations from section representatives.

The BOG will vote on a legislative package during the May 22, 2020 board meeting.

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Chief Justice Releases CJOs 20-006 (amended), 20-008, and 20-010 to address COVID-19

On March 27, 2020, Chief Justice Martha Walters released an updated CJO 20-006. This CJO expands on her original order, first released on March 16, 2020. The updated order takes into consideration feedback from Bar members, as well as a number of workgroups with a focus on civil, criminal, landlord-tenant, and family law issues. These workgroups were made up of judges, judicial staff, and practitioners. Additional orders are expected in the coming weeks to allow the courts to respond quickly and appropriately to the changing needs of Oregonians.

In addition to CJO 20-006 (amended), the Chief Justice released CJO 20-008 and CJO 20-010 on March 27, 2020 as well.

• • • CJO 20-006 (amended) extends the original order to June 1, 2020, and responds to issues raised by stakeholders.
    • CJO 20-008 will allow eFiling of declarations that have been electronically signed by parties and witnesses when using appropriate electronic signature software.
    • CJO 20-010 allows suspension or waiver of collection fees. Together with CJO 20-006 (amended) and other administrative actions, courts will limit imposition of fines and suspend many collection activities for those who are unable to pay.

The Oregon State Bar has created an access point for CJOs, updates to the Uniform Trial Court Rules, and communications from the Oregon Judicial Department. For up-to-the-moment information, please visit www.osbar.org.

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Oregon Law Commission Submits Remote Online Notarization Legislation to Legislature

Last year the Oregon Law Commission approved the creation of a work group to consider remote online notarization. The group, made up of representatives from the Oregon Judicial Department, the Department of Justice, the Secretary of State, the Oregon Bankers Association, the Oregon State Bar, land title companies, and the counties met throughout the year to discuss the Uniform Law Commission’s “Law on Notarial Acts, Revised.” The Oregon-specific finalized language was accepted by the Oregon Law Commission in late fall for submission to the legislature.

Last week the work group reconvened to review the draft legislation in response to the COVID-19 pandemic. After discussion, the group submitted the legislation for consideration during the upcoming legislative session. Thank you to the chair of the work group, Mark Comstock, and Heather Gilmore, Melissa May, Tommy Brooks, and Pat Ihnat, among others, for your participation in the work group.

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Legislature Poised to Address Novel Coronavirus (COVID-19)

Oregon, like the rest of the country, is facing a number of challenges arising from the novel coronavirus (COVID-19) pandemic. Over the last month, the legislature’s Emergency Board has released funding to the Oregon Health Authority and the Oregon Military Department, and the legislature created a Joint Special Committee on Coronavirus Response to review legislative proposals.

Over four meetings beginning on March 18, 2020, and running through March 24, 2020, the Joint Special Committee, led by Sen. Arnie Roblan (D-Coos Bay) and Rep. Paul Holvey (D-Eugene), met to discuss and review the effects of the pandemic on Oregon and its citizens. The committee reviewed presentations from the Governor, business and community leaders, the Oregon Judicial Department, labor unions, the Oregon Health Authority, and many more stakeholders. Over the course of the four marathon meetings, the committee received over 1,500 pieces of written testimony and 47 different policy proposals to address the pandemic. On March 25, 2020, the co-chairs released their recommendations to legislative leadership. As additional information from the legislature is released, the Oregon State Bar will update bar members.

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File & Serve Updates—What You Need to Know

The Oregon Judicial Department has made changes consistent with the CJOs issued on Friday, March 27, 2020, to encourage social distancing and increase the public’s ability to access courts remotely. These changes, identified below, are effective immediately.

In addition, the File & Serve upgrade that was scheduled to occur on April 10, 2020, has been postponed. More details will be provided once the new upgrade schedule is in place.

Trial exhibits may now be submitted through File & Serve, for proceedings conducted by remote means.

CJO 20-006 (amended) allows filers to submit trial exhibits that can be converted to a PDF through File & Serve if the proceeding is to be conducted by remote means. This is a temporary change that will make it easier for hearings and trials to be heard remotely and will reduce the need to hand exhibits back and forth in the courtroom during the current emergency. Section 7 of CJO 20-006 (amended) outlines the changes in detail.

The filer must submit exhibits in a single unified PDF unless the envelope is larger than 25MB or as otherwise directed by the local court. If the PDF larger than 25MB, the filer will need to separate the PDF into two documents and file them in separate envelopes. The filer should submit the PDF as confidential. If the document is not marked confidential, then it will be available to view on public kiosks and for all OECI users. Since the exhibits will be marked confidential, the opposing party will be unable to view them in OECI. This means the filer will need to provide the opposing party with copies of the exhibits the filer intends to introduce into evidence. This may be accomplished through File & Serve by either eServing the party or including the party’s email address in the courtesy copy field.

The PDF containing the trial exhibits must include both a linked index and a bookmark for each exhibit. PDFs that do not meet these requirements will be returned. Instructions for creating linked indexes and bookmarking exhibits are included at the end of this article.

If you need to submit exhibits that cannot be converted into a PDF, such as audio, video, or physical evidence, during a remote hearing, please coordinate with your local court.

UTCR 21.090 has been amended to allow nonfilers to electronically sign declarations.

Chief Justice Walters has also amended UTCR 21.090 to allow electronic signatures to be used for declarations signed by nonfilers (i.e., represented parties and nonparty declarants) that are submitted through File & Serve. See CJO 20-008 for details.

The UTCR 21.090 amendment and companion repeal of UTCR 21.120 (now part of 21.090) were already presented to the UTCR Committee, which had tentatively approved them for anticipated adoption by the Chief Justice effective August 1, 2020. Due to the COVID-19 pandemic, the Chief Justice has adopted the amendments out-of-cycle, effective March 27, 2020 to reduce the need for in-person and mail contacts.

This change allows attorneys to have clients and witnesses sign declarations remotely. The rule requires the use of electronic signature software that uses a security procedure to verify that the declaration was signed by the purported declarant, and the rule cites the definition of “security procedure” in ORS 84.004(14). This is intended to allow attorneys to choose from electronic signature software that is currently used in the business community. However, the use of “s/” for signing declarations under UTCR 21.090(5) is still limited to the person who is electronically submitting the document.

UTCR 21.090(8) specifies that the filer must retain the electronic document containing the electronic signature of a nonfiler declarant until the entry of a general judgment or other judgment or order that conclusively disposes of the action. The intention is to require the filer to retain the document until the circuit court case reaches its conclusion. This provides the opposing party with a chance to challenge the declaration at the circuit court level and preserve the issue for appeal.

The rules contained within former UTCR 21.120 have been moved to UTCR 21.090, and former UTCR 21.120 has been repealed, so all rules related to electronic signatures are now located within UTCR 21.090. Former UTCR 21.120(1), the retention period for a declaration containing an ink signature of someone other than the filer, has been moved to UTCR 21.090(8)(b), and former UTCR 21.120(2), the requirement that the filer certify to the best of the filer’s knowledge that the signature is that of the purported signer, has been moved to UTCR 21.090(7).

Please keep in mind that UTCR 21.040 requires all filings to be submitted as standard text-searchable PDF or PDF/A documents. This means that any electronic certificate must be removed from the PDF prior to submitting it to a court. The easiest way to remove the certificate is to flatten the document by selecting “print” and saving the document as a PDF.

Upcoming File and Serve Webinars

The Oregon Judicial Department will host two webinars to provide more details about these changes and provide an overview of File & Serve. Those webinars will be held on

Monday, April 6, 2020, from noon to 1:00 p.m., and

Tuesday, April 7, 2020, from 4:00 p.m. to 5:00 p.m.

If you are interested, you may register by using this link: https://register.gotowebinar.com/rt/6119071785356738061

If you have any questions related to these changes, please reach out to Sam Dupree at the Oregon Judicial Department ([email protected]; (971) 283-1133).

How to link exhibits and create bookmarks in Adobe Pro

1. Locate the document and open with Adobe Pro.

2. OCR the document (makes the document text searchable).

• • • Select View then Tools.
    • From Tools, select Enhance Scans.
    • On the Enhance Scans toolbar, select Recognize Text and select In This File.
    • Select the Recognize Text button.
    • Save and close the Enhance Scans tool.

3. Link the exhibits listed on the index to the appropriate exhibit.

• • • Select View, then Tools.
    • From Tools, select Edit PDF.
    • From the Edit PDF toolbar, select Link and Add/Edit Web or Document Link.
    • Locate the first entry on the index.
    • Drag a box around the entire index entry.
    • From the Create Link dialog box, select the Link Type of Invisible Rectangle.
    • Select the Link Action of Go to a page view.
    • Click Next to open the Create Go To View dialog box.
    • With the Create Go To View dialog box still open, scroll to the beginning of the first page of the related exhibit or enter the page number from the navigation bar.
    • Click Set Link.
    • Repeat for each exhibit in the document.

4. Link the exhibits to a bookmark within the document.

• • • • Select the Bookmark icon on the toolbar on the left side of the page.
      • Highlight the beginning of the exhibit.
      • Then click the New Bookmark icon.
      • Repeat for each exhibit in the document.

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Quick Links

Oregon State Bar Resource Page
https://www.osbar.org/_docs/resources/COVID19.pdf
Professional Liability Fund Resource Page
https://www.osbplf.org/assessment-exemptions/covid-19-april-10-assessment-deadline.html

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Public Safety Subcommittee Holds Hearing on Additional Funding for Public Defense Services Commission

On February 18, 2020, the Ways and Means Subcommittee on Public Safety held an informational hearing on additional funding for the Public Defense Services Commission (PDSC). In the last days of the 2019 legislative session, the Joint Committee on Ways and Means reserved $20 million in a special-purpose appropriation (SPA) through House Bill 5050 (2019) to be distributed to the PDSC during the 2020 legislative session pending certain requirements being met.

Last year, the Sixth Amendment Center released a report on Oregon’s public-defense system identifying areas of improvement. During the presentation, PDSC staff shared changes already made by the Office of Public Defense Services and the PDSC in response to the report. These include adding 30 new public defense attorneys, eliminating the flat-fee payment system, increasing data collection for an ongoing caseload study, and partnering with the Oregon Judicial Department to increase data collection, analysis, and general IT support.

The PDSC indicated during the hearing that if the funding was released, the $20 million would be used to strengthen data-collection programs, monitor and support attorneys, increase compensation, increase the number of public defenders, and reduce disparities in interpreter and investigator rates. Funding must be released before December 1, 2020, or the money will be returned to the General Fund.

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Bills of Interest

HB 4001 – Defines “emergency shelter.” Requires local governments to allow siting of qualifying emergency shelters by qualifying entities notwithstanding land use laws and regulations.

HB 4009 – Modifies administrative provisions of corporate activity tax.

HB 4015 – Authorizes Housing and Community Services Department to grant moneys to nonprofit organization for ADU community pilot programs that develop accessory dwelling units that are for income-eligible homeowners or available for rent by income-eligible tenants.

HB 4164 – Increases rates metropolitan service district is authorized to tax to rates up to two percent.

SB 1528 – Updates connection date to federal Internal Revenue Code and other provisions of federal tax law.

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Update on Grand-Jury Recording Provided to Legislature

On February 20, 2020, the Ways and Means Subcommittee received an update on grand-jury recording in Oregon. During the 2017 session, the legislature passed Senate Bill 505 (2017). The bill created an electronic recording process for grand juries and required all audio recordings to be maintained and stored. The program began in three counties, Multnomah, Deschutes, and Jackson in 2018, and rolled out to the remaining 33 counties in 2019. Responsibility and funding for the program was split between the district attorneys, the counties, and the Oregon Judicial Department.

House Bill 5050 (2019) was passed during the 2019 legislative session. The bill required the three groups to report back to the legislature on implementation and a joint plan for “the most efficient, consistent, and cost effective delivery of grand jury recordation across the state.” In addition, the 2019 legislature set aside an additional $3 million for further costs related to statewide implementation. This additional funding must be released before December 1, 2020, or the money will be returned to the General Fund.

In the group report, the district attorneys and the counties suggested improvements to the grand-jury recording process including maintenance of recording equipment as well as storage of audio recordings and retention periods. After discussion, the three groups clarified roles, responsibilities, and further areas of investigation. Future areas of interest include additional training for DA and county staff in the operation of the recording devices, and the possibility of setting up a centralized location for transcription and storage of audio recordings.

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Oregon State Bar’s 2021 Law-Improvement Program

Is your section or committee interested in participating in the Bar’s legislative activities? If a Bar group would like to propose legislation for the 2019 legislative session, proposals should be submitted to the Board of Governors Public Affairs Committee through the Public Affairs Department by April 1, 2020, for approval by the Public Affairs Committee and Board of Governors.

Proposals from sections and committees are commonly referred to as law-improvement legislation, which includes proposals to clarify statutory ambiguities, to modify unforeseen “glitches” in major legislation passed in previous sessions, and to codify case law as necessary. To ensure that groups are able to devote adequate time to the bills they propose, each Bar group may propose no more than three law-improvement bills. Public Affairs staff provide lobbying assistance to section and committee members for law-improvement proposals.

The Public Affairs Committee will host a legislative forum in May during which Bar groups that have proposed legislation will have an opportunity to present their proposals, and stakeholders will have an opportunity to comment. The Public Affairs Committee will take these comments into account when deciding whether to recommend to the Board of Governors approval of Bar sponsorship of the proposed legislative concepts.

If your section or committee is interested in submitting proposed legislation for consideration to the Public Affairs Committee, please contact the Public Affairs Department for assistance.

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Small-Estate Affidavit — Form Available

The Oregon Judicial Department has created a new Small-Estate Affidavit, with instructions, for statewide use in small-estate probate cases, following enactment of House Bill 3007 (2019), Or Laws 2019, ch 165. The new form is available as a printable PDF on the OJD’s online Forms Center: https://www.courts.oregon.gov/forms/Pages/small-estate.aspx.

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Bills on Hold – Senate and House Republicans Leave Capitol

On February 24 and 25 most of the Senate and House Republicans left the Capitol in response to Senate Bill 1530 and House Bill 4167 which modify statewide greenhouse gas emissions reduction goals. Oregon’s constitution requires a 2/3 majority of members be present in the chamber to constitute a quorum to vote on legislation. With the departure of 11 Senate Republicans and 21 House Republicans, the legislature can not meet the quorum requirement in either chamber and bills that have not passed both chambers will be on hold until a quorum is met or the session ends. The 2020 legislative session is scheduled to end on March 8, 2020 at midnight.

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HB 4004: Public Defense Services Commission Bill Moves Through First Chamber

This legislative session House Speaker Tina Kotek (D-North Portland) introduced House Bill 4004, which increases the Public Defense Service Commission (PDSC) membership from seven to nine members and modifies the experience necessary to serve on the commission. In addition, the bill includes language in response to concerns raised by a 2019 report published by the Sixth Amendment Center.

On the first day of the legislative session, the House Judiciary Committee heard testimony in support of the bill from representatives of the Public Defense Services Commission, the Oregon Criminal Defense Lawyers Association, and AFSCME Council 75, among others. The Oregon State Bar submitted a letter in support of the concept and the need to respond to the issues raised in the Six Amendment Center Report regarding attorney caseloads and the flat fee contract system. On February 7, 2020, the bill moved out of committee with a unanimous vote and on February 11, 2020 passed the House 57-2 with one excused. The bill will now move to the Senate for consideration.

In the coming weeks the Joint Committee on Ways and Means will have the opportunity to consider additional funding for the PDSC. At the end of the 2019 legislative session, the legislature earmarked up to $20 million for public defense services that may be appropriated during the 2020 legislative session.

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Oregon Judicial Department Introduces Three Legislative Concepts

During a short legislative session, the Oregon Judicial Department (OJD) may submit up to five legislative concepts. This year, the OJD submitted three bills to the legislature for consideration. The Oregon State Bar submitted testimony in support of the three bills and will follow each bill’s progress through the legislature process.

House Bill 4142 – Current law requires the OJD to charge a minimum $50 fee to set up a payment plan for individuals who are unable to pay their court fees in full. HB 4142 removes the minimum amount from the statute and allows the chief justice to authorize or direct courts to waive or suspend fees. The bill received a public hearing on February 10, 2020, moved out of the committee on February 12, 2020, and is on its way to the House floor.

Senate Bill 1575 – In 2019, the Oregon Legislature passed SB 24 that updated how the courts addressed defendants who are unable to aid and assist with their defense. SB 1575 is follow-up legislation that provides clarity regarding when and how a criminal defendant may be referred to the Oregon State Hospital. The bill received a public hearing on February 10, 2020, unanimously moved out of the committee on February 11, 2020 with the adoption of the -2 amendments, and is on its way to the Senate floor.

Senate Bill 1576 – Judicial Marshals are currently one of the few public law-enforcement officers who do not qualify for membership in the Public Employees Retirement System (PERS). SB 1576 would close this statutory loophole and ensure that Judicial Marshalls may join PERS. The bill moved out of the Senate Judiciary Committee on February 10, 2020, and passed out of the Senate with a 28-0 vote with 2 excused.

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Bills of Interest

HB 4065 – Repeals driving privilege suspension and eliminates imposition of driving privilege restrictions for failure to pay fine.

HB 4125 – Requires insurer to mail or deliver notice of cancellation of automobile insurance policy at least 30 days before effective date of cancellation.

SB 1506 – Establishes Public Records Advocate as independent office within executive department.

SB 1527 – Modifies requirements for enforceable noncompetition agreement.

SB 1540 – Requires certain persons that service student loans in this state to obtain or renew license.

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Board of Governors Host Reception for Legislators, Judges, and Attorneys in Salem

On February 6, 2020, OSB President Liani Reeves, in conjunction with the Oregon Supreme Court’s Council on Inclusion and Fairness, hosted a reception at the Salem Convention Center. Chief Justice Martha Walters, Liani Reeves and Justice Adrianne Nelson, council chair, welcomed the attendees and spoke briefly about the work of the Bar and the work of the council. Over the course of the evening, legislators, the Attorney General, members of the Oregon Supreme Court, Salem attorneys, and members of the OSB Board of Governors had the opportunity to discuss the current legislative session, learn more about the Bar’s legislative priorities, and hear from legislators about their proposed legislation.

Thank you to everyone who attended and made the evening a success!

(From L): Oregon Attorney General Ellen F. Rosenblum, Oregon Supreme Court Justice Adrienne C. Nelson, Oregon Supreme Court Chief Justice Martha Lee Walters, and Oregon State Bar President Liani Reeves. 

(From L): BOG Member Eric Foster, BOG Member Joe Piucci, Senator Shemia Fagan (D – Portland), BOG Member Jenny Cooke, and BOG Member Joseph Hesbrook. 

 

(From L): BOG Member Kyra Rohner, BOG Member Joe Piucci, BOG Member Katherine Denning, and former State Senator Cliff Bentz (R – Ontario)

(from L): BOG Member Ryan Hunt, Representative Jeff Barker (D – Aloha), and BOG Member Colin Andries.

(from L):  BOG Member Eric Foster, Oregon State Bar President Liani Reeves, Oregon Attorney General Ellen F. Rosenblum, and Representative Marty Wilde (D – Central Lane and Linn Counties).

(From L): Representative Carla Piluso (D – Gresham), Representative Akasha Lawrence Spence (D – Portland), Senator Manning (D – North Eugene, West Eugene, Santa Clara, and Junction City). 

(From L): Oregon Supreme Court Chief Justice Martha Lee Walters, Oregon Attorney General Ellen F. Rosenblum, Representative Akasha Lawrence Spence (D – Portland), BOG Member Traci Rossi, Oregon State Bar President Liani Reeves, and Mae Lee Browning, Chair, New Lawyers Group.

(From L): Former Oregon Supreme Court Chief Justice Edwin J. Peterson and Oregon State Bar President Liani Reeves.

(From L): Aruna Masih and Oregon State Bar CEO Helen Hiershbiel

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Board of Governors Legislative Breakfast Hosts Chief Justice and Legislators

On February 7, 2020, the OSB Board of Governors hosted Chief Justice Martha Walters and legislators at a legislative breakfast. Over the course of the morning the chief justice discussed the Oregon Judicial Department’s (OJD) 2020 proposed legislation as well as the the Department’s newly completed Strategic Plan. The strategic is made up of four key commitments, including:

1) Join with community partners to improve services and outcomes for people who are underserved, vulnerable, or marginalized; and develop effective, supportive, and creative solutions to respond to their legal needs

2) Improve access to justice by eliminating barriers; continuing to simplify and streamline our processes and forms; enhancing service options; leveraging technology; improving interpreter services; and advocating for resources to keep courts open, safe, and secure.

3) Enhance the public’s trust and confidence in Oregon’s state government, including the judicial branch, by listening and responding to the needs of those we serve; holding ourselves to high standards; and communicating the role of our courts in providing justice for all.

4) Create a workplace and courthouse culture that is supportive, inclusive, welcoming, and affirming; that embraces diversity; and where all people can thrive and are treated with respect and dignity.

Thank you to everyone who attended!

(from L): Oregon Supreme Court Chief Justice Martha Lee Walters (seated) and Representative Gary Lief (R – Roseburg).

(From L): Mae Lee Browning, Chair, New Lawyers Group and Representative Duane Stark (R – Grants Pass)

(From L): Representative Raquel Moore-Green (R – Salem) and BOG Member Katherine Denning.

(From L): Representative Jeff Barker (D – Aloha) and Oregon State Bar President Liani Reeves.

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Judiciary Committee Provides Overview of Bills for 2020 Session

On Wednesday, January 15, 2020, the House and Senate Interim Judiciary Committees met jointly to receive reports, introduce legislative concepts, and discuss policy issues.

The meeting was packed with presentations, including discussion of the Indian Child Welfare Act, an overview of the Oregon Public Guardian and Conservator Program, a review of the Juvenile Expunction Work Group, and an introduction and overview of the House and Senate Judiciary Committee bills, among others. Of particular note are SB 1546, which relates to Public Safety; SB 1547, which relates to courts; and HB 4004, which relates to the Office of Public Defense Services.

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Bills of Interest

HB 4004 – Expands membership of Public Defense Services Commission from seven to nine members. (Relating to the Public Defense Services Commission; declaring an emergency).
HB 4040 – Directs Judicial Department to establish Family Treatment Court Program in certain counties to improve outcomes in child welfare cases resulting from parent’s or caregiver’s alleged substance use disorder. (Relating to family treatment courts; declaring an emergency).
HB 4148 – Declares Oregon policy regarding Indian children. (Relating to Indian children).
SB 1547 – Creates exception to requirement that court proceeding involving person in custody be transferred from court facility in Gresham to Portland if defendant is not in custody and certain warrants have been vacated or executed. (Relating to courts; declaring an emergency).
SB 1575 – Defines terms related to fitness to proceed. (Relating to fitness to proceed).

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Introduction of Committee Bills during January Legislative Days

In mid-January the Oregon Legislature met to prepare for the 2020 legislative session. Over four days, committees met to receive reports, introduce legislative concepts, and discuss policy issues.

This year, bills were submitted to either the Chief Clerk of the House or the Secretary of the Senate to be filed by the end of day on January 17, 2020, with the exception of bills submitted by the Senate President, the House Rules Committee, and the Joint Ways and Means Committee.

The majority of legislative committees have the opportunity to each submit three committee legislative concepts. This year, each state senator has the opportunity to submit one personal bill, each state representative has the opportunity to submit two personal bills, and the Governor and Judicial Department have the opportunity to submit five bills. There are exceptions to these limitations; for example, the Joint Committee on Ways and Means and the Revenue Committees are not limited by the internal deadlines.

On January 27, 2020, the bills were posted and are now available for review. To review 2020 legislative concepts that have been pre-session filed, go to the Oregon Legislative Information System (OLIS) and click on the 2020 Legislative Session.

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2020 Committee Membership

Senate Committee on Judiciary
Senator Floyd Prozanski, Chair
Senator Kim Thatcher, Vice Chair
Senator Michael Dembrow
Senator Sarah Gelser
Senator Dennis Linthicum
Senator James Manning Jr.
Senator Alan Olsen

House Committee on Judiciary
Representative Tawna Sanchez, Chair
Representative Janelle Bynum, Vice-Chair
Representative Sherrie Sprenger, Vice-Chair
Representative Jeff Barker
Representative Mitch Greenlick
Representative Akasha Lawrence Spence
Representative Rick Lewis
Representative Raquel Moore-Green
Representative Carla Piluso
Representative Karin Power
Representative Duane Stark

Joint Committee on Ways and Means Subcommittee on Public Safety
Senator James Manning Jr., Co-Chair
Representative Carla Piluso, Co-Chair
Senator Denyc Boles
Senator Lew Frederick
Representative Janelle Bynum
Representative Akasha Lawrence Spence
Representative Gary Leif
Representative Duane Stark

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President’s Reception in Salem – February 6, 2020, at the Salem Convention Center

Please join Oregon State Bar President Liani Reeves, the Oregon State Bar Board of Governors, and the Oregon Supreme Court’s Council on Inclusion and Fairness at the Salem Convention Center from 5:00pm-7:00pm on Friday, February 6, 2020, for the OSB’s annual President’s Reception.

To RSVP, please email Cassandra Dyke at [email protected].

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Innovations in Technology Meets in Portland

In Mid-January, the annual Innovations in Technology Conference was held in Portland. This conference, which is now in its 20th year, began as an offshoot of the Legal Services Corporation’s Technology Initiative Grant (TIG) Program, which provides limited funding to legal services providers for technology projects. The LSC describes the conference’s purpose as “expand[ing] access to justice by promoting technological innovations in legal services delivery and pro se assistance.” Many in the legal community believe the mission is important because funding for low income legal services has historically fallen so short of what is needed to provide legal assistance to all who qualify. Some see the use of technology and alternative service delivery models as a partial solution to meeting the needs of some clients.

This year’s conference brought together legal services providers from around the United States and Canada, as well as IT professionals working on technology projects that aim to facilitate the provision of legal services to those in need. While much of the conference was focused on the legal needs of those who qualify for low income legal services, many of the programs and technologies discussed are equally applicable to meeting the legal needs of other clients.

One of the major focuses in 2020 was on IT projects that court systems and the legal services community have undertaken to assist the public both in understanding that they may have a legal problem and in finding legal services that are available in their area.

The Justice for All Summit was held in conjunction with the LSC Conference and was co-hosted by the Oregon Supreme Court, the Oregon State Bar, and Oregon’s legal aid providers. The one-day summit looking at ways to coordinate Oregon’s online legal self-help resources. Speakers included Angela Tripp, the Director of the Michigan Legal Help Program; J. Singleton, from the Legal Services State Support program in Minnesota; and Stacey Marz, the Administrative Director of the Alaska Court System.

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