Author: Kellie Baumann

Oregon Judicial Department Budget Passes out of the Joint Committee on Ways and Means

On June 28, 2017, the budget of the Oregon Judicial Department (OJD), HB 5013, passed out of the Joint Committee on Ways and Means. The bill is now headed to the House and Senate floors for a vote. Although the total funds of $503,751,137 is less that the amount identified as necessary to fund the department at the current service level, the funding does identify earmarked dollars for Oregon eCourt as well as treatment and specialty court programs. Further, the budget in HB 5013 does not include funding for capital construction projects such as the Multnomah County Courthouse. Projects such as courthouse reconstruction may be addressed in another bill later in the legislative process.

The OJD budget includes a 4.4 percent reduction (approximately $14 million) in General Fund dollars for the trial, tax, and appellate courts as well as court administration. Further, there is nearly a $1 million reduction in funding for pass-through payments. These reductions will apply to mediation and conciliation services, law libraries, court security, the Oregon Law Commission, and the Council on Court Procedures.

The Oregon eCourt program, as part of the OJD budget, received approval for a $10.7 million Other Fund expenditure from the State Court Technology Fund. This funding will be directed towards supporting staff positions and to make other payments as necessary for Oregon eCourt. HB 2795 and HB 2797, which will increase filing fees and criminal fine amounts to fund Oregon eCourt, are moving forward as well.

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New Judges for Josephine and Washington Counties

HB 2605, as introduced, would have increased the total number of circuit-court positions in Oregon by adding nine new judicial positions to begin in January 2019. The bill passed the House Judiciary Committee and was sent to the Joint Committee on Ways and Means.

After reviewing the proposal, the Public Safety Subcommittee of the Joint Ways and Means Committee amended the bill to add a total of two new circuit-court judicial positions rather than nine: one in Josephine County and one in Washington County beginning in January 2019, after the 2018 general election. The Oregon Judicial Department received over $600,000 General Fund dollars, in addition to its 2017–2019 biennial budget, for the cost of establishing these two new judgeships. Chief Justice Thomas Balmer testified in support of the new positions during the public hearing on the bill.

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Public Defense Services Commission Budget Passes out of the Joint Committee on Ways and Means

On June 28, 2017, the budget of the Public Defense Services Commission (PDSC), HB 5033, passed out of the Joint Committee on Ways and Means. The bill is now headed to the House and Senate floors for a vote. The recommended budget for the 2017–2019 biennium is $303,877,532 total funds, an increase from the legislatively approved budget. However, similar to a number of other agency and commission budgets passing through the legislature, this budget is below the current service level of funding, in this case by $1.6 million.

Although the budget is below the current service level, the legislature did add $4.7 million in General Funds to the PDSC budget. This funding addresses an ongoing shortfall in the current service level and should decrease the need to request appropriation of additional funds at the end of the biennium. In years past, the PDSC has found it necessary to petition the legislature for additional funds towards the end of the biennium to address a funding shortfall.

The Parent Child Representation Program, which began as a pilot program in 2014, will continue in those counties where the program has been established (Columbia, Linn, and Yamhill). But additional funding to expand the program was not added to the PDSC 2017–2019 budget.

Some policy bills that could affect the PDSC budget have been assigned to the Ways and Means Committee but have not yet been scheduled. If those bills pass out of committee, they will be addressed in the end-of-session reconciliation bills.

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Bills of Interest

• • • HB 2004 – During first nine months of occupancy, prohibits landlord from terminating month-to-month tenancy within 60 days of receiving from tenant request for repairs to correct certain building, health or housing code violation or uninhabitable condition.
    • HB 2101 – Directs Legislative Counsel to prepare open government impact statement for measures that affect disclosure, or exemption from disclosure, of public records.
    • HB 2191 – Authorizes Secretary of State to investigate alleged or potential violations of business entity statutes and to require business entity to provide list of shareholders and respond to interrogatories
    • HB 2356 – Establishes requirements under which a debt buyer may bring legal action to collect a debt.
    • HB 2600 – Transfers authority over court appointed special advocates.
    • HB 2605 – Increases number of circuit court judges in certain judicial districts.
    • HB 2795 – Increases certain filing fees, motion fees, settlement conference fees, trial fees, fees for writs of garnishment, and marriage solemnization fees.
    • HB 2797 – Increases the presumptive fine for violations, including traffic violations occurring in certain locations.
    • HB 3357 – Increases amount of fees charged and collected by county clerks to record or file certain real property documents.
    • HB 5006 – Appropriates moneys from General Fund to Emergency Board for allocations during biennium.
    • HB 5013 – Appropriates moneys from the General Fund to the Judicial Department for biennial expenses.
    • HB 5033 – Appropriates moneys from the General Fund to the Public Defense Services Commission for certain biennial expenses.
    • SB 106  – Creates the Public Records Advocate and Public Records Advisory Council.
    • SB 481  – Establishes time frames for public body responses to public records requests.
    • SB 496  – Directs presiding judges of judicial districts within state to ensure proceedings before grand jury are recorded.
    • SB 505 – Directs district attorney to ensure proceedings before grand jury are recorded.
    • SB 5506 – Limits for six-year period beginning July 1, 2017, payment of expenses from fees, moneys or other revenues, including Miscellaneous Receipts, but excluding lottery funds and federal funds, collected or received by various state agencies for capital construction.

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    Archives

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    Thank you for reading the Oregon State Bar’s CAPITOL INSIDER.
    We hope you enjoy our new format. The archives are still available here.

    2017 Public Affairs Committee Members

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    Kathleen Rastetter, Chair
    John Mansfield, Vice Chair
    Guy Greco
    John Bachofner
    Chris Costantino
    Rob Gratchner
    Eric Foster
    Liani Reeves

    Public Affairs Department

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    Susan Grabe, Public Affairs Director
    Amy Zubko, Public Affairs Legislative Attorney
    Matt Shields, Public Affairs Staff Attorney
    Kellie Bagnani, Public Affairs Assistant

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Day at the Capitol Brings Lawyers to Salem in Support of Judicial Branch Funding

On May 23, members of the Bar traveled from all over the state to participate in the Bar’s Day at the Capitol. Fifty Bar members took time out of their schedules to meet with 23 legislators throughout the day to discuss the Bar’s legislative priorities: funding for the court system, legal aid, and indigent defense, and the Bar’s law improvement proposals.

Over the lunch hour, legislators, as well as representatives from the Oregon Judicial Department, Public Defense Services Commission, and legal aid, discussed the challenges the judicial system is facing. Justices Martha Walters and David Brewer, introduced by Senate President Peter Courtney, focused on the need to fund Oregon eCourt and the state’s courthouses, and on ensuring that the court system stays at the current funding level. John Potter, vice chair of the Public Defense Services Commission, discussed the need for pay parity between public defenders and deputy district attorneys and the need for consistent and stable funding, while Amy Edwards, president of the Oregon Law Center board, spoke about the importance of funding legal aid services in Oregon. In addition, Senator Floyd Prozanski and Representatives Phil Barnhart, Duane Stark, Karin Power and Richard Vial all discussed the importance of stable funding for the judicial system. Thank you to our speakers, legislators, and to each of the volunteers who traveled to Salem to share the Bar’s support of judicial funding with legislators.

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Bills of Interest in the Joint Ways and Means Committee

The Joint Ways and Means Committee reviews and votes on legislation that needs state funding as well as the budgets of state agencies, boards, commissions, the judicial branch, and the legislative branch. Including the agency budget bills, there are approximately 400 bills assigned to the committee. Below are some of the bills the Bar is tracking. A full list of measures assigned to the Ways and Means Committee is posted here.

• • • HB 2191 – Authorizes Secretary of State to investigate alleged or potential violations of business entity statutes and to require business entity to provide list of shareholders and respond to interrogatories
    • HB 2171 – Requires the Oregon Volunteers Commission for Voluntary Action and Service to maintain a volunteer staff of court appointed special advocates sufficient to meet the statutory requirement to appoint a court appointed special advocate in every juvenile dependency proceeding.
    • HB 2356 – Establishes requirements under which a debt buyer may bring legal action to collect a debt.
    • HB 2561 – Directs the Public Defense Services Commission to adopt policies providing for compensation of appointed counsel at a rate commensurate with compensation of the equivalent position within the office of the district attorney.
    • HB 2605 – Increases the number of circuit court judges in several judicial districts.
    • HB 2636 – Modifies annual salaries of judges of the Supreme Court, Court of Appeals, Oregon Tax Court, and circuit courts.
    • HB 2795 – Increases certain filing fees, motion fees, settlement conference fees, trial fees, fees for writs of garnishment, and marriage solemnization fees.
    • HB 2797 – Increases the presumptive fine for violations, including traffic violations occurring in certain locations.
    • HB 5013 – Appropriates moneys from the General Fund to the Judicial Department for biennial expenses.
    • HB 5033 – Appropriates moneys from the General Fund to the Public Defense Services Commission for certain biennial expenses.
    • SB 11 – Modifies annual salaries of judges of the Supreme Court, Court of Appeals, Oregon Tax Court, and circuit courts.
    • SB 106  – Creates the Public Records Advocate and Public Records Advisory Council.
    • SB 503 – Directs the Chief Justice of the Supreme Court to establish uniform visitor policies.
    • SB 5535 – Appropriates moneys from the General Fund to the Department of Revenue for biennial expenses.
  • Prior to May 31, committees were required to provide either 48 or 72 hours’ notice before a committee meeting. If you are currently tracking legislation, please note this new timeline.

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    Archives

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    Thank you for reading the Oregon State Bar’s CAPITOL INSIDER.
    We hope you enjoy our new format. The archives are still available here.

    2017 Public Affairs Committee Members

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    Kathleen Rastetter, Chair
    John Mansfield, Vice Chair
    Guy Greco
    John Bachofner
    Chris Costantino
    Rob Gratchner
    Eric Foster
    Liani Reeves

    Public Affairs Department

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    Susan Grabe, Public Affairs Director
    Amy Zubko, Public Affairs Legislative Attorney
    Matt Shields, Public Affairs Staff Attorney
    Kellie Bagnani, Public Affairs Assistant

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May 23rd – Join us for Day at the Capitol

Please join the Oregon State Bar for the biannual Day at the Capitol on May 23, 2017. This is an opportunity to meet your legislators; advocate for court funding, indigent defense, and civil legal services; and develop an in-depth understanding of the legislative process.

There will be a program at noon with remarks by Justice Martha Walters and Justice David Brewer from the Oregon Supreme Court, John Potter from the Public Defense Services Commission, and Amy Edwards from Legal Aid. Lunch will be provided to those who RSVP.

If you are interested in participating, please contact the Public Affairs Department at [email protected] to RSVP.

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Oregon Judicial Department testifies on court facilities and funding for Oregon eCourt

On April 24th and 25th, the Oregon Judicial Department returned to the Joint Ways and Means Public Safety Subcommittee to provide additional information on two projects: (1) court facilities and (2) additional funding for Oregon eCourt.

The court-facilities presentation focused on the courthouse replacements and improvements completed during the 2015–2017 biennium as well as the expected efforts for the 2017–2019 biennium. A complete list of possible court-facility funding requests can be found in the Chief Justice Report on Potential Courthouse Replacement Funding Requests submitted to the Legislature’s Emergency Board in October of 2016. Below is a list of possible projects for the 2017–2019 biennium.

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2017–2019 Proposed Courthouse Capitol Construction and Improvement Projects

• Multnomah, Clackamas, and Hood River Counties – Courthouse replacement
• Douglas County – Plumbing
• Benton County – Roof repair and boiler replacement
• Clatsop County – Security upgrades, courtroom AV, elevator
• Columbia County – Dry rot, safety-alert system, backup generator, HVAC
• Grant County – Window replacement
• Jackson County – Blower fan, HVAC controls, backup generator/switch
• Wasco County – Window replacement
• Wheeler County – Roofing

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Oregon eCourt Funding

The discussion of Oregon eCourt funding on April 25th focused on possible plans to make up for the expected funding shortfall of approximately $8 million for the 2017–2019 biennium.

Currently, approximately 60 percent of the subscribers of the Oregon Judicial Case Information Network (OJCIN)—which includes Oregon eCourt and the file and serve system—are public, nonpaying members. Public members include the Department of Justice, Public Defense Providers, law enforcement, and the Department of Human Services. The remaining 40 percent of subscribers, such as attorneys and law firms, media, and title companies, are considered private subscribers and pay a one-time registration fee and subsequent monthly fees to receive access to documents.

Funding sources currently being discussed include a 5-percent increase in filing fees, a $5 increase in criminal fines and assessments, an increase in OJCIN user fees, and a state agency assessment on the public subscribers.

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Legislative Session passes first deadline

On April 18th, the Legislature hit its first scheduling deadline of the 2017 session. Unless a bill was in the Rules, Revenue, or one of the Joint Committees, the bill must have passed out of committee in its chamber of origin by April 18th. This session, a number of bills that the Bar is tracking passed out of committee before the deadline and are on their way to the second chamber. The next chamber deadline for moving a bill out of committee is June 2nd.

Below are some of the bills that the Bar and its sections have been following over the last few weeks.

Public Records Bills
HB 2101: Sunsets certain exemptions from disclosure for public records.
SB 106: Creates Public Records Advocate and Public Records Advisory Council.
SB 481: Establishes state policy regarding public access to public records.

Grand Jury Bills
SB 496: Directs presiding judges of judicial districts within the state to ensure that proceedings before a grand jury are recorded.
SB 505: Directs district attorneys to ensure that proceedings before a grand jury are recorded.

Budget Bills
HB 5013: 2017–2019 Oregon Judicial Department Budget.
HB 5033: 2017–2019 Public Defense Services Commission Budget.
SB 5535: 2017–2019 Oregon Department of Revenue Budget.

Judicial Compensation and Number of Judges
HB 2605: Increases the number of circuit-court judges in several judicial districts.
HB 2636/SB 11: Modifies annual salaries of judges of the Supreme Court, Court of Appeals, Oregon Tax Court, and circuit courts.

Oregon eCourt Funding
HB 2795: Increases certain filing fees, motion fees, settlement-conference fees, trial fees, fees for writs of garnishment, and marriage-solemnization fees
HB 2597: Increases presumptive fine for violations, including traffic violations occurring in certain locations

Representation in Juvenile Proceedings
HB 2345: Extends sunset on provision authorizing Department of Human Services to appear as a party in juvenile-court proceedings without appearance of Attorney General.
SB 525: Extends sunset on provision authorizing Department of Human Services to appear as a party in juvenile-court proceedings without appearance of Attorney General.

Other Bills of Interest
HB 2191: Requires a person to obtain or renew license from the Secretary of State in order to serve as a commercial registered agent in this state (Business Law Section).
HB 2356: Establishes requirements under which a debt buyer may bring legal action to collect a debt (Debtor-Creditor and Consumer Law Sections).
HB 2793: Requires a person convicted of commercial sexual solicitation to disclose to the court all Oregon licenses, certificates, permits, and registrations that the person holds (Administrative Law Section).
SB 131: Modifies provisions relating to telephonic testimony in certain proceedings.
SB 722: Provides that debt management service provider may charge a fee of not more than $100 for service in which the debt management service provider improves or preserves, or offers to improve or preserve, a consumer’s credit record, credit history, or credit rating but does not conduct a budget analysis for the consumer, act as broker for another debt management service provider, or otherwise engage in other activity that constitutes debt management service.
SB 898: Establishes Task Force on Custody and Parenting Time (Family Law Section).
SB 931: Provides that the court has discretion over the selection of alternate jurors and when alternate jurors are informed of alternate status.

This is a partial list of bills that the Bar is currently tracking. If you have questions about a specific bill, please contact the Public Affairs Department at [email protected].

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Oregon Court of Appeals Vacancies

On April 12, 2017, Governor Kate Brown announced that she is accepting applications for two openings on the Oregon Court of Appeals. The first vacancy was occasioned by the appointment of Justice Meagan A. Flynn to the Oregon Supreme Court, effective April 4, 2017. The second vacancy will be occasioned by the retirement of Judge Timothy J. Sercombe, which will become effective July 1, 2017. The submission deadline has been extended from May 3, 2017 to May 5, 2017. Details available here.

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Oregon State Bar and Citizens Campaign for Court Funding Support Judicial Branch Budget

The Public Safety Subcommittee of the Joint Ways and Means Committee, the budgeting authority in the Legislature, held a week of hearings on HB 5013, the budget of the Oregon Judicial Department’s (OJD). Over the week of hearings, Chief Justice Balmer and OJD staff presented the department’s budget, the expected outcome of possible cuts to the current funding level, and their budget priorities. On the last day of testimony, the subcommittee heard public testimony from the Bar, the Citizens’ Campaign for Court Funding, the Oregon Trial Lawyers Association, the Oregon Association of Defense Counsel, the Oregon District Attorneys Association, the Oregon Criminal Defense Lawyers Association, and the Multnomah Bar Association among others. Thank you to Ed Harnden for traveling to the Capitol and testifying on behalf of the Bar and the Citizens’ Campaign for Court Funding in support of adequate funding for the Judicial Department.

OJD focused on funding for Oregon eCourt, an increase in judicial compensation, and updating court facilities as its main budget priorities. In addition, OJD described the outcomes of cutting its budget by 15 percent, 10 percent, and 5 percent.

The department is expected to return to the subcommittee for a second round of hearings later in the session.

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Increase in Filing Fees, Criminal Fines, and Document Access Fees Proposed for 2017 – 2019 Biennium

With the implementation of Oregon eCourt complete, the project has moved to maintenance funding rather than implementation funding. Current funding sources are insufficient and OJD is facing an approximate $9 million deficit for the 2017 – 2019 biennium. During the OJD budget presentation, the proposed increases to filing fees, criminal fines and document access fees were shared with the subcommittee.

Under the proposal as it currently stands, civil filing fees would increase 5 percent to raise $3.2 million. Criminal fines and assessments would increase by $5 to raise $3.6 million and Oregon Judicial Case Information Network user fees would increase as well to raise an additional $1.5 million.

The increases to the civil filing fees and the criminal fines and assessments will need a statutory change while the user fees would be modified by an order of the Chief Justice. The details of the increase in user fees are under discussion.  Proposed amendments to HB 2795 and HB 2797, which implement these increases, are available on the legislature’s website under the bill numbers.

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Public Defense Services Commission Presents Budget to Ways and Means Committee

On March 28, the Public Defense Services Commission (PDSC) began its budget presentation to the Public Safety subcommittee of the Joint Ways and Means Committee. Adequate funding for PDSC is a Bar priority and Bar president, Michael Lavelle, submitted a letter of support on behalf of the Bar. In addition, Per Ramsfjord, chair of the PDSC and current BOG member, also testified in support of the budget.

The hearings on HB 5033, which lasted three days, focused on the 2017 – 2019 budget as well as priorities for PDSC. This budget cycle, the priorities include pay parity for public defenders, the increase in caseload, and the expansion of the parent-child representation pilot program.

The joint co-chair’s budget for PDSC includes a 3.5 percent reduction from current service level funding for OJD which is approximately a $10.6 million cut.

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Public Records Bills Receive Public Hearing

Over the last two years, the Governor’s office, the Attorney General’s office, and a number of stakeholders have discussed changes to the way Oregon deals with public records requests. This session, a number of bills were proposed, including SB 106,  SB 481, and HB 2101. SB 106 sets up a legislative process to review state agency public records requests. SB 481 addresses timelines for responding to public record requests are addressed, while HB 2101 requires the legislature to review the approximately 500 public records exemptions currently in statute.

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Chief Justice Edwin J. Peterson Portrait Unveiled

On April 5, the Oregon Supreme Court hosted a portrait unveiling of Chief Justice Edwin J. Peterson.  Chief Justice Peterson was elected to the position in 1983 and served as the Chief Justice until 1991, ultimately retiring from the Oregon Supreme Court in 1994.

Chief Justice Peterson is perhaps best known for his leadership to combat bias in the judicial system and to ensure procedural fairness for all people involved in the court system.  In 1992, he was appointed to chair a task force investigating racial issues in the court system. The task force released its report, Report of the Oregon Supreme Court Task Force on Racial/Ethnic Issues in the Judicial System  in 1994 which found that racial bias existed in law enforcement and the court system. This report continues to be a touchstone and its recommendations and findings are still cited.

Judge Douglas Tookey, Gena Johnnie, Ed Harnden, Mark Comstock, Mary Zeek, and Hunter Emerick spearheaded the portrait commission.

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Bills of Interest

HB 2191 – Among other things, requires a person to obtain or renew a license from the Secretary of State in order to serve as a commercial registered agent in Oregon. The bill will have a work session on April 14.

SB 95 – Requires certain financial professionals to report suspected elder abuse. The bill passed out of the Senate Committee on Human Services and the Senate Judiciary Committee and is on its way to the Senate Floor.

SB 494 – Establishes the Advance Directive Rules Adoption Committee and updates statutory forms. The bill will have a work session on April 18.

SB 5535 – Sets the 2017 – 2019 budget for the Oregon Department of Revenue. The department’s budget went through four days of testimony in the General Government Subcommittee of the Joint Committee on Ways and Means.

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Law Improvement Bills Move out of the First Chamber

After the first month of the legislative session, six of the Oregon State Bar law improvement bills have either passed out of their first chamber or are on the way to a floor vote. The two Board of Governors bills, SB 490, which implements administrative changes, and SB 491, which implements the changes from the Bar’s Discipline System Review Committee, have passed the Senate and been assigned to the House Judiciary Committee. The Estate Planning and Administration Law Section’s bill, HB 2608, which modifies the Uniform Trust Code, and the Business Law Section’s bill HB 2610, which allows for electronic signatures, have passed the House and been assigned to the Senate Judiciary Committee.

On March 1, the two bills from the Family Law Section, SB 492 and SB 522, passed out of the Senate Judiciary Committee. SB 492, which simplifies the spousal support modification process, passed out of committee without amendment on a 3–2 vote. SB 522, which allows courts to allow a claim for life insurance proceeds from a third-party beneficiary in specific situations, passed out of committee with a 5–0 vote. The two Family Law Section bills passed the Senate by a 16–13 vote and a 31–0 vote respectively on March 7.

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75th Anniversary of Japanese American Internment Recognized by Legislature

Senate Concurrent Resolution (SCR) 14 passed out of the Senate on February 16, 2017. The resolution acknowledges the 75th anniversary of Japanese American internment during World War II and recognizes the national Day of Remembrance.

The resolution was brought forward by the Oregon Commission on Asian and Pacific Islander Affairs. Representatives from the Oregon Nikkei Endowment, the Commission, as well as Oregonians who lived in the internment camps, were invited to sit on the Senate floor during the vote.

The resolution received bipartisan support in the Senate. Senators Dembrow, Thomsen, Monnes Anderson, Prozanski, and Ferrioli all spoke in support of SCR 14. On March 7, 2017, SCR 14 was amended in the House Rules Committee. The House will vote on it in the coming week.

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Oregon State Bar Day at the Capitol – May 23, 2017

Please join the Oregon State Bar for the biannual Day at the Capitol on May 23, 2017. This is an opportunity to meet your legislators; advocate for court funding, indigent defense, and civil legal services; and develop an in-depth understanding of the legislative process. Additional information will be released in the next few weeks.

If you are interested in participating, please contact the Public Affairs Department at [email protected] for more information.

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Bills of Interest

Over the last few weeks, Bar sections and committees have continued to engage on a variety of pieces of proposed legislation. Not only has the Bar expressed support for judicial compensation and increasing the number of judges, the Consumer Law Section and the Administrative Law Section have also submitted testimony regarding proposed legislation.

HB 2605 – Increases number of circuit court judges in certain judicial districts. The Oregon State Bar submitted testimony in support of this bill.

HB 2636 – Modifies annual salaries of judges of Supreme Court, Court of Appeals, Oregon Tax Court, and circuit courts. The Oregon State Bar submitted testimony in support of this bill.

SB 98 – Requires certain persons that service residential mortgage loans in Oregon to obtain or renew license. The Consumer Law Section submitted testimony in support of this bill.

SB 131 – Modifies provisions relating to allowance of telephone testimony in certain proceedings. The Public Affairs Committee directed the Bar to engage in a work group to ensure the bill addressed the use of telephone testimony in both civil and criminal cases.

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Citizens’ Campaign for Court Funding Hosts Breakfast with the Chief Justice

On February 21, Mike Haglund, Ed Harnden, and Peter Bragdon hosted Chief Justice Thomas Balmer and members of the Corporate Counsel and Business Law sections, as well as a number of interested attorneys, to discuss the importance of funding Oregon’s court system in the current budget cycle. The Citizens’ Campaign for Court Funding was founded in 2011 in response to the budget cuts and subsequent furlough days the courts experienced during the 2009–2011 biennium.

The Governor’s proposed budget, released just before the legislative session began, suggested that the courts’ current-service-level funding should be cut by 3 percent. Taking into consideration the constitutionally and statutorily mandated payments, this would result in an approximately 5 percent cut to Oregon’s court budget for the 2017–2019 budget. These cuts could result in fewer staff and delays in court scheduling.

To find out more about the Citizens’ Campaign for Court Funding, please contact Susan Grabe, Public Affairs Director. Additional information on this important project can be found at https://publicaffairs.osbar.org/court-funding/.

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Ways and Means Road Shows

Thank you to the Bar members who participated in the Ways and Means Roadshows over the last month. We appreciate your commitment to funding Oregon’s courts, indigent defense, and civil legal services.

Vanessa Nordyke – Salem, OR
Eric Foster – Ashland, OR
Steve Corey – Hermiston, OR
Gerry Gaydos – Eugene, OR
Steve Bryant – Madras, OR

If you are interested in advocating for the Bar’s legislative priorities, please let us know who represents you in the state legislature. The Oregon State Legislature provides a search tool: https://www.oregonlegislature.gov/FindYourLegislator/leg-districts.html.

Please e-mail [email protected] if you need help identifying your representatives. We look forward to working with you.

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2017 Legislative Session Begins

The 2017 legislative session began on February 1, 2017. While it began only two weeks ago, Bar sections and committees are already hard at work, identifying and tracking proposed legislation. If you are a section chair or legislative liaison, you should have received a list of bills for your section to review. Below is a list of some of the bills and a brief description that Bar sections and committees are currently tracking.

HB 2166 —Requires debt buyer to give notice to debtor if debt buyer brings legal action to collect debt and to submit certain filings to court.

HB 2217 —Prohibits guardian or conservator from restricting protected person’s right of communication, visitation, or interaction with other persons unless authorized by court order.

HB 2329 —Permits State Board of Psychologist Examiners to assess disciplinary costs against disciplined person.

HB 2352 —Authorizes Secretary of State to investigate alleged or potential violations of business entity statutes, to require business entity to provide list of shareholders, directors, members, and other persons, and to respond to interrogatories in course of investigation or in response to request from law enforcement agency.

HB 2356 —Establishes requirements under which debt buyer may bring legal action to collect debt. Specifies notice that debt buyer must give to debtor. Makes violation of requirements unlawful collection practice.

HB 2605 —Increases number of circuit court judges in certain judicial districts.

HB 2636 —Modifies annual salaries of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit court.

HB 2713 —Provides that evidence obtained during or as result of defendant’s unlawful detention by peace officer is inadmissible in criminal proceeding against defendant.

If you have any questions or additions to your section’s bill list, please contact [email protected].

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President Levelle Testifies in Support of Bar Priorities, Law Improvement Legislation

On February 7, the Senate and House Judiciary Committees invited the Oregon State Bar to the legislature for a day of presentations and meetings. Bar President Michael D. Levelle traveled to Salem and spent the day testifying in front of the two committees and meeting with legislators. Joined by president-elect Vanessa Nordyke for the hearing, President Levelle spent the day discussing the Bar’s priorities and law improvement bills with legislators.

In addition, four of the bills in the Bar’s law improvement package received their first public hearings and work sessions and were voted out of committee. The four bills were:

SB 490 —Changes method for distributing ballots for voting by Bar members, eliminates position of vice president of Board of Governors, allows Board of Governors to assess late payment penalty, and changes title of executive director of Oregon State Bar to chief executive officer of Oregon State Bar.

SB 491 —Makes changes to Oregon State Bar’s disciplinary system.

HB 2608 —Modifies applicability of previous amendments to Oregon Uniform Trust Code.

HB 2610 —Specifies methods by which persons may sign and transfer corporation’s documents in electronic form. Specifies circumstances, dates, and times under which corporation’s documents are delivered and effective.

HB 2608 and HB 2610 were voted out of the House on February 14th. SB 490 and SB 491 are scheduled for a vote on February 21st in the Senate.

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Ways and Means Roadshow

Every two years, the Joint Committee on Ways and Means, the legislature’s budget writing committee, schedules visits in communities all over the state. A bicameral, bipartisan group of lawmakers travels throughout the state to hear about the funding priorities of Oregonians. This year, the committee is off to an early start, with the first public hearing on Friday, February 10, in Salem and the second hearing on Saturday, February 11, in Portland. Vanessa Nordyke, president-elect of the Oregon State Bar, submitted testimony on behalf of the Bar.
The schedule for the remaining public hearings is posted below. If you are available to attend a hearing on behalf of the bar, please contact the Public Affairs Department at [email protected].

Friday, February 17 – UMATILLA / HERMISTON
Hermiston High School
5–7 p.m.

Saturday, February 18 – MADRAS
Performing Arts Center, Madras High School
1–3 p.m.

Friday, February 24 – ASHLAND
Rogue River Room, Southern Oregon University
5–7 p.m.

Saturday, February 25 – EUGENE
Lane Community College
1–3 p.m.

Friday, March 3 – TILLAMOOK
Officer’s Mess, Port of Tillamook
6–8 p.m.

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OSB President’s Reception

On February 9, Marion County Bar members, legislators, and members of the judiciary joined Michael D. Levelle, President of the Oregon State Bar, for the President’s Reception in Salem. The event, held every year in Salem during the legislative session, provides lawyers, judges, legislators, and Bar leadership with the opportunity to discuss many of the issues that are affecting the practice of law and the judiciary. Thank you to the legislators, Bar members, and judges who came out to support the Bar.

Rep. Jodi Hack, OSB Public Affairs Director Susan Grabe and OSB President Michael D. Levelle

Rep. Bill Post, BOG member Vanessa Nordyke, Rep. Ron Noble, Rep. Rich Vial and OSB CEO/Executive Director Helen Hierschbiel

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