March 21, 2023

Oregon State Bar Hosts President’s Reception in Salem

After a two-year hiatus, the Oregon State Bar (OSB) Board of Governors (BOG) returned to Salem to hold its February board meeting this year. In conjunction with the legislative session, the BOG hosted the 2023 President’s Reception at the Salem Convention Center. The reception provides an opportunity for practitioners, judges, legislators, and bar leadership to discuss many of the issues that are affecting the practice of law and the judiciary. During the reception, Lee Ann Donaldson, 2023 OSB President, spoke about the important role the bar plays in public protection, access to justice, and supporting the judiciary and highlighted the bar’s legislative priorities: adequate funding for the courts, civil legal aid, and indigent defense.

 Justice Adrienne Nelson (left) and OSB President Lee Ann Donaldson (right)

Chief Justice Meagan Flynn (center), Rep. Lily Morgan (left) and guest (right)

 Rep. Kevin Mannix (center) talking with Phil Lemman (left) and Nancy Cozine (right)

Rep. Paul Evans (right) talking to guest (left)

Valerie Colas (left) Chief Justice Meagan Flynn (center) and Nancy Cozine (right)

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Bills of Interest

This legislative session, over 2,800 bills have been introduced so far, and more are possible. Below are a few bills that may be of interest to practitioners.

HB 2001 Establishes Oregon Housing Needs Analysis in Oregon Department of Administrative Services.

HB 2008 Specifies property and funds of judgment debtor that are exempt from execution or garnishment.

HB 2950 Bars creditors’ claims against decedents’ estates if no petition for appointment of personal representative or small estate affidavit is filed within 18 months following decedent’s date of death.

HB 3242– Provides insured with cause of action for insurer’s unfair claim settlement practices.

HB 3243 Includes insurance in definition of real estate, goods and services that are subject to penalties for unlawful trade practices.

HB 5019 A– Appropriates moneys from General Fund to specified state agencies for certain purposes related to housing.

HCR 18 – Recognizes importance of civic education and commends Classroom Law Project for 40 years of service in providing interactive civic education programs.

SB 619 Permits consumers to obtain from a controller that processes consumer personal data confirmation as to whether controller is processing consumer’s personal data and categories of personal data controller is processing, list of specific third parties to which controller has disclosed consumer’s personal data and copy of all of consumer’s personal data that controller has processed or is processing.

For a comprehensive list of introduced bills, go to the Oregon Legislative Information System (OLIS). For a list of bills by practice area, go to the Oregon State Bar’s Public Affairs page.

Thank you to the OSB Section and BOG volunteers for traveling to Salem to testify on proposed legislation.


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Legislative Deadlines, Important Dates, and What to Watch For

To keep the legislative process moving and ensure that the legislature completes its responsibilities before the end of the legislative session, the House and Senate have established internal deadlines for moving bills through the legislative process.

This year, the deadline for scheduling a bill for a work session in its chamber of origin was March 17, 2023, and the deadline for voting a bill out of committee in its chamber of origin is April 4, 2023. Those bills, with a few exceptions identified below, that have not been scheduled by March 17 and moved out of committee by April 4 are no longer active and may not be voted into law by the legislature under that bill number.

There are a few exceptions to this rule. For example, the deadlines do not apply to bills that are in the House or Senate Rules Committees, the House or Senate Revenue Committees, or the Ways and Means Committees or subcommittees. Further, bills in the Joint Committee on Transportation and the Joint Committee on Semiconductors are on their own unique schedule.

For those tracking legislation, the period before a legislative deadline can be complex. The weeks before the deadline often result in a fair amount of juggling and amending bills. For example, a legislative concept in one bill may be amended into another bill with a better chance of passage. Another option is for a legislator to move a bill to either the Senate or House Rules Committees to keep it alive after the deadline. Finally, if neither option seems feasible during the legislative session, a concept may be sent to an interim work group to be discussed and finalized for the next legislative session.

Upcoming Deadlines

    • March 17, 2023 – Posting Deadline in First Chamber
    • April 4, 2023  First Chamber Deadline
    • May 17, 2023 – Revenue Forecast
    • May 19, 2023 – Second Chamber Deadline

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Oregon Judicial Department Presents 2023 – 2025 Proposed Budget

Last week, the Oregon Judicial Department (OJD) presented its 2023–2025 proposed budget to the Ways and Means Public Safety Subcommittee for consideration. The presentation, which lasted four days, touched on pretrial release, judicial compensation, updating or replacing courthouses, and increasing the number of judges, to mention just a few priorities.

Last fall, the OSB House of Delegates and the OSB Board of Governors voted to make funding the OJD a legislative priority, along with adequate funding for public defense and civil and immigration legal services.

In addition to the bar’s support, this year the Oregon Campaign for Court Funding (OCCF), led by Ed Harnden, Peter Bragdon, and Graciela Gomez Cowger, submitted testimony  in support of the OJD budget. Similar to years past, the OCCF focused on the need for funding to maintain adequate staffing in Oregon’s courts to support an open and accessible court system.

As part of the bar’s support of civil and immigration legal services, and with the support of the OJD, the bar and the Oregon Law Center also shared their support for Policy Option Package (POP) 118 in the OJD budget. POP 118 would increase funding for both civil and immigration legal services in the next biennium.

The budget hearing for the Public Defense Services Commission is expected to be scheduled later this month. Final decisions on the state budget will be made before the end of June.


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Ways and Means Roadshows to be Hosted Across Oregon 

Every two years, the Oregon Legislature’s Ways and Means Committee hosts community meetings throughout Oregon. The goal is to provide Oregonians who cannot make it to Salem the opportunity to provide feedback on the state’s budget. The community meetings will be held in April and early May. Stay tuned for date, time and location.


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Archives



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

2023 Oregon State Bar Officers and Public Affairs Chair



Lee Ann Donaldson,
President, Oregon State Bar
David Rosen,
President Elect, Oregon State Bar
Kamron Graham,
Immediate Past President, Oregon State Bar
Gabriel Chase,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


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

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February 23, 2023

Law Improvement Bills Move Through First Chamber

This session the Oregon State Bar submitted eight bills for consideration to the Oregon Legislature.  The bills, split equally between the House and Senate, each received a public hearing and work session in the respective Judiciary Committees. As of February 21, 2023, all eight bar bills have passed out of the first chamber.

The four House bills:

    • House Bill 2324 comes from the Appellate Practice Section. The bill passed the House 57-0-2 and is expected to be scheduled for a Public Hearing in the Senate Judiciary Committee.
    • House Bill 2325 comes from the Oregon State Bar Board of Governors. The bill passed the House 49-8-2 and is currently scheduled for a Work Session in the Senate Judiciary Committee.
    • House Bill 2329 comes from the Elder Law Section. The bill passed the House 57-0-2 and has a work session scheduled in the Senate Judiciary Committee.
    • House Bill 2330 comes from the Debtor-Creditor Section. The bill passed the House 56-1-2 and is expected to be scheduled for a Public Hearing in the Senate Judiciary Committee.

The four Senate bills:

    • Senate Bill 306 A comes from the Oregon State Bar Board of Governors. The bill, as amended, passed the Senate 27-3 and is awaiting assignment to committee in the House.
    • Senate Bill 307 comes from the Consumer Law Section. The bill passed the Senate 25-3-2 and is current assigned to the House Judiciary Committee.
    • Senate Bill 308 A comes from the Estate Planning and Administration Section. The bill passed the Senate 30-0.
    • Senate Bill 309 comes from the Estate Planning and Administration Section. The bill passed the Senate 26-2-2.

Thank you to the OSB Section and BOG volunteers for traveling to Salem to testify in support of the bar’s Law Improvement Bills!


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Oregon Judicial Department Submits Five Bills for Consideration

The Oregon Judicial Department (OJD), as the third branch of government, has the opportunity to submit five bills each biennium to the Oregon Legislature. This year OJD’s bills address a variety of concepts, from judicial compensation, to collection of demographic data.

    • Senate Bill 233 – Salaries to attract and retain highly-qualified judges. Currently assigned to the Senate Rules Committee.
    • Senate Bill 234 – Collect demographic data to identify disparate justice outcomes. Passed out of the Senate on a 20-10 vote and is scheduled for a First Reading in the House.
    • Senate Bill 235 – Add judicial positions to provide timely access to justice. Passed out of Senate Judiciary and is currently assigned to the Joint Ways and Means Committee.
    • House Bill 2224 – Pay jurors more than $10 per day to keep democracy strong. A public hearing was held in the House Judiciary Committee on February 8, 2023.
    • House Bill 2225 – Court efficiencies and housekeeping changes. A Public Hearing and Work Session was held in the House Judiciary Committee.  The bill moved out of committee on a 9-0-1 vote.

In addition, the Oregon Judicial Department has also submitted a budget bill, Senate Bill 5512. SB 5512 is expected to receive a public hearing in March.


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Senate and House Judiciary Committee Membership

House Judiciary Committee

    • Representative Jason Kropf – Chair
    • Representative Tom Andersen – Vice Chair
    • Representative Kim Wallan – Vice Chair
    • Representative Janelle Bynum
    • Representative Farrah Chaichi
    • Representative Charlie Conrad
    • Representative Rick Lewis
    • Representative Lily Morgan
    • Representative Lisa Reynolds
    • Representative Thuy Tran

Senate Judiciary Committee

    • Senator Floyd Prozanski – Chair
    • Senator Kim Thatcher – Vice Chair
    • Senator Sara Gelser Blouin
    • Senator Dennis Linthicum
    • Senator James Manning Jr.

Joint Ways and Means Committee, Public Safety Subcommittee

    • Senator Janeen Sollman – Co-Chair
    • Representative Paul Evans – Co-Chair
    • Senator Chris Gorsek
    • Senator David Brock Smith
    • Representative Dacia Grayber
    • Representative Jeffrey Helfrich
    • Representative Rick Lewis
    • Representative Daniel Nguyen

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2023 Legislative Session Measure Introduction Deadline

With a few exceptions, February 21, 2023 is the measure introduction deadline for legislators to submit new legislative concepts for consideration. While bills may be amended to add, subtract, or modify language after the twenty-first, for the most part, the bills that are posted in the Oregon Legislative Information System (OLIS) are the bills that will be considered this session.

This session, similar to years past, proposed legislation runs the gamut of topics.  A few of the bills that may be of particular interest to bar members are listed below.

    • House Bill 2578 – Directs Department of Human Services to establish, by rule, continuing education requirements for mandatory abuse reporters.
    • Senate Bill 619 – Permits consumers to obtain from a controller that processes consumer personal data confirmation as to whether controller is processing consumer’s personal data and categories of personal data controller is processing, list of specific third parties to which controller has disclosed consumer’s personal data and copy of all of consumer’s personal data that controller has processed or is processing.

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Oregon State Bar and the Legislative Process 

Oregon State Bar Public Affairs is available to assist Oregon State Bar sections and committees track proposed legislation. If a section or committee identifies specific bills to follow, please contact Sara Doherty in Public Affairs at [email protected], to ensure that legislation is included in a section’s bill-tracking list.

As bills are introduced, Public Affairs reviews the proposed legislation and refer specific bills to groups that may be interested in the subject. Throughout the session, a section or committee’s legislative contact will likely receive periodic emails from Public Affairs notifying him or her of bills that might interest the group.

Once a section or committee has identified bills to follow, those bills will be input into the group’s bill-tracking page. Each group has its own page on the Public Affairs Department’s webpage. This will enable each group to receive updates and to review changes to any legislation that a group has expressed an interest in following.

If you have any questions about proposed legislation, do not hesitate to reach out to Public Affairs.


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Archives



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

2023 Oregon State Bar Officers and Public Affairs Chair



Lee Ann Donaldson,
President, Oregon State Bar
David Rosen,
President Elect, Oregon State Bar
Kamron Graham,
Immediate Past President, Oregon State Bar
Gabriel Chase,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


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

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December 16, 2022

Senate and House Interim Judiciary Committees Meet during Legislative Days

For the first time since February 2020, the Senate and House Judiciary Committees met in person to receive updates and review legislative concepts for the upcoming legislative session.

Senate Interim Judiciary and Ballot Measure 110 Committee
In the Senate Judiciary Committee, the invited testimony ranged over a variety of topics including consumer data privacy, the Public Defense Services Commission, juvenile expunction, and aid-and-assist efforts. Of particular interest was an update on the Oregon State Bar and the Oregon State Board of Bar Examiners (BBX). Kamron Graham, OSB President, and Joanna Perini-Abbot from the BBX shared updates on the work the bar is doing to expand access to the courts and protect the public. Topics of discussion included bar admissions, licensed paraprofessionals, as well as the recently implemented comity rule. To view the draft legislative concepts introduced through the committee, visit the committee’s Meeting Materials page.

House Interim Judiciary Committee
In the House Interim Judiciary Committee, the invited testimony included many of the topics discussed in the Senate with the addition of a presentation on the legislative proposals from the Oregon District Attorneys Association and the Oregon Criminal Defense Lawyers.  In addition, committee members and other House members spoke about draft legislation they may introduce during the 2023 legislative session.  To view the draft legislative concepts introduced through the committee, visit the committee’s Meeting Materials page.


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Construction Continues at the State Capitol

This year the December Legislative Days were held from December 7 to 9, 2022, and, for the first time since February 2020, legislators held committee meetings in person at the State Capitol. Unlike years past, however, extensive yet necessary construction limited access to certain parts of the building.

During the 2022 Legislative Session, the legislature voted in support of a third round of building renovations with a focus on seismic rehabilitation. This phase of the renovations, referred to as CAMS III, began in July 2022 and is expected to wrap up by January 2025. The original building, built in 1938, needed updates to its mechanical and electrical elements; fixes for life-safety issues; and restoration of historic elements.

Currently legislator offices, housed in the Capitol wings, are open as well as committee hearing rooms A through F along the south side of the building. Members of the public may access the building through the State Street entrance. Due to the limited space and the amount of construction, there may be a wait time to enter the building. This level of access is expected to last through the 2023 Legislative Session.

For more information on public access to the Capitol, please visit the Oregon Legislature’s website.


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Legislature Begins Bill Filing Process for 2023 Legislative Session

During Legislative Days, committees have the opportunity to vote to file legislative concepts with the Secretary of the Senate or the Chief Clerk of the House for pre-session filing before the beginning of a legislative session. This year a number of committees have submitted draft legislative concepts for consideration. While many of the concepts are “placeholder” bills that are expected to be amended once the legislative session begins, there are a number of more substantive bills as well.

Unlike during the legislative session when bills may be reviewed through the Oregon Legislature Information System (OLIS), pre-session filed legislative concepts are viewed through a committee’s meeting materials. For example, to see a list of concepts that the Senate Interim Judiciary Committee has submitted, visit https://olis.oregonlegislature.gov/liz/2021I1/Committees/SJD110/2022-12-07-08-30/MeetingMaterials, which includes a list of the pre-session filed bills in that committee. It should be noted that additional legislative concepts may have been added after the list was published; however the text of each concept is posted in its entirety in the meeting materials. The majority of committees will have a similar list posted on their “Meeting Materials” page.

Once the legislative session begins, each legislative concept that was pre-session filed will receive a First Read in either the Senate or the House and will be searchable on OLIS. When the database is populated with 2023 session bills, there will be a follow-up article on the legislative process.


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Oregon State Bar Adopts Legislative Priorities and Session Guidelines

The Oregon State Bar’s Board of Governors (BOG) met from November 17 to 19 for its annual retreat and board meeting. On the agenda of both the Public Affairs Committee and the BOG were proposed 2023 Legislative Priorities and Legislative Session Guidelines. Both the Public Affairs Committee and the BOG adopted the Legislative Priorities and Guidelines for the upcoming 2023 Legislative Session.

2023 Legislative Priorities

      1. Support Court Funding. Continued support for stable funding for Oregon’s courts.
          • Advocate that the Legislative Assembly improve funding to provide needed court services, support suitable and sufficient court facilities, work to attract and retain high quality judges, and support the goals of the Judicial Department Strategic Campaign.
          • Oregon Campaign for Court Funding. Support the statewide coalition of citizens, business, nonprofit, and community groups formed to ensure adequate and stable court funding.
      2. Support legal services for low-income Oregonians.
          • Civil Legal Services. Legal assistance and representation for financially qualified individuals in Oregon’s civil justice system.
              • Request that Congress and the President of the United States make a genuine commitment to equal justice by adequately funding the Legal Services Corporation, which provides federal support for statewide integrated civil legal aid;
              • Work with Oregon’s legal aid programs, the Campaign for Equal Justice, and immigration legal service providers to preserve and increase state funding for legal aid and to explore other sources of new funding.
          • Indigent Defense. Constitutionally and statutorily required representation of financially qualified individuals in Oregon’s criminal and juvenile justice systems:
              • Partner with stakeholders in support of a healthy and functioning justice system for all Oregonians, including a robust public defense system.
      3. Support the OSB 2023 Law Improvement Package, and track and engage on legislation per 2023 Oregon State Bar Legislative Session Guidelines.

2023 Legislative Session Guidelines

Mission Statement: The Oregon State Bar Board of Governors must at all times direct its power to serve the public interest by (a) regulating the legal profession and improving the quality of legal services; (b) supporting the judiciary and improving the administration of justice; and (c) advancing a fair, inclusive, and accessible justice system.
To that end, the OSB Public Affairs Committee supports the following legislative goals:

1. Protect the public, the administration of justice, and the rule of law.

2. Create meaningful access to justice, and provide information about the law, legal issues, and the civil and criminal justice system.

3. Make Oregon laws more consistent and more uniform.

4. Improve the ability of attorneys to competently serve the interests of Oregonians.

5. Ensure efficient, competent, and ethical delivery of legal services.

6. Foster diversity, equity, and inclusion among legal service providers and in the justice system.

7. Support a fair and effective criminal justice system.

8. Promote the protection of privileged and confidential information while promoting access and education regarding public records.

9. Provide appropriate information and assistance regarding ethical issues to legislators, especially legally trained legislators.

10. Improve the juvenile justice system and encourage better coordination between the different components of the system.


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Legally Trained Candidates Elected in 2022

Last month’s election brought changes to the legislature and the Governor’s office, including new and returning legally trained elected officials. The newly elected officials will be sworn in on January 9, 2023. Please note that because of the 2021 redistricting process completed during the 2021 First Special Session, a number of sitting legislators have moved into new districts.

Labor Commissioner

Christina Stephenson

Legally trained members of the State House of Representatives

Kim Wallan* District 6 (Medford)
Dan Rayfield* District 16 (Corvallis), Speaker of the House
Kevin Mannix District 21 (Salem)
Nathan Sosa* District 30 (Hillsboro)
Ken Helm (formerly District 27)* District 34 (Washington County)
Emerson Levy District 53 (Redmond)
Jason Kropf* District 54 (Bend)

Legally trained members of the State Senate

Floyd Prozanski* District 4 (parts of Douglas and Lane Counties)

*Incumbent

For a complete list of elected officials, follow the link on the Secretary of State’s candidate search page.


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Archives



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

2022 Oregon State Bar Officers and Public Affairs Chair



Kamron Graham,
President, Oregon State Bar
Lee Ann Donaldson,
President Elect, Oregon State Bar
David Wade,
Immediate Past President, Oregon State Bar
Joseph Piucci,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


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

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November 9, 2022

Chief Justice Martha Walters and Former Chief Justice Thomas Balmer to Retire from the Supreme Court

This fall, two Oregon Supreme Court Justices, Chief Justice Martha Walters and former Chief Justice Thomas Balmer announced their retirements from the Oregon Supreme Court.

Justice Thomas Balmer

Justice Balmer announced his retirement from the Oregon Supreme Court on October 3, 2022. He will step down on December 31, 2022, from the Oregon Supreme Court; however he will continue to serve as a Senior Judge.

After many years in private practice, as well as time spent at the Oregon Department of Justice, Justice Balmer joined the Oregon Supreme Court in 2001. From 2012 to 2018, Justice Balmer served as the Chief Justice of the Oregon Supreme Court. During that time he oversaw the successful implementation of the Oregon eCourt system, obtained state funding to help replace unsafe courthouses, and rebuilt Oregon’s court system after severe budget reductions in the 2009 recession. Thank you to Justice Balmer for his years of service to Oregon and its court system.

Chief Justice Martha Walters

Nine days later, on October 18, 2022 Chief Justice Walters announced her retirement from the Oregon Supreme Court as well. She will step down as of December 31, 2022 as well.

Chief Justice Walters joined the Oregon Supreme Court in 2006, after thirty years of private practice in Eugene. In 2018, Chief Justice Walters replaced Justice Balmer as Chief Justice and will serve in that role until her retirement next month. Since 2020 Chief Justice Walters has led the Oregon Judicial Department through the COVI-19 pandemic, guiding the courts efforts to stay open and safe for members of the public, court staff, and judges. She has also been instrumental in the Court’s Strategic Campaign focusing on behavioral health of people in Oregon’s courts and major legislation reducing security release. Thank you to Chief Justice Walters for her years of service to Oregon and its court system.


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Oregon Judicial Department Shares Legislative Priorities during September Legislative Days

During the September Legislative Days, the House and Senate Interim Judiciary Committees met to discuss a number of issues. Of particular interest was an update from the Oregon Judicial Department (OJD) in the House Judiciary Committee. The OJD touched on a number of issues, including equity, diversity, and inclusion; court procedures; and legislative initiatives.

The OJD, like executive branch agencies, is in the process of finalizing a proposed budget for the 2023–2025 legislative session. While the full budget will be shared closer to the legislative session, the OJD shared a list of legislative proposals that it will be submitting for consideration during the 2023 legislative session. The list includes statutory changes, proposed program changes, and funding requests.


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Council on Court Procedures Publishes Proposed ORCP Amendments for Public Comment

The Council on Court Procedures is composed of lawyers and judges from around the state and is charged with drafting and amending the rules that govern litigation in Oregon’s circuit courts (Oregon Rules of Civil Procedure, or ORCP). Each biennium the Council receives feedback from the bench and bar on how the existing ORCPs are working and suggestions for possible improvements. In September of even-numbered years, the Council publishes proposed amendments to the ORCPs for public comment. (Note that some of the ORCPs, by statute, also apply to the litigation of criminal cases, and other rules apply to administrative and other proceedings.)

This year the Council proposed amendments for Rules 7, 39, 55, 57, 58, and 69. The proposed amendments address the following issues:

          • The amendment to ORCP 57 is a response to a national discussion on what is wrong with Batson challenges in jury selection and how to fix the current practice.
          • Amendments to ORCPs 39 and 58 address what has been learned about remote testimony in proceedings during the COVID-19 pandemic.
          • The amendment to ORCP 55 is a procedure for reluctant witnesses who have been subpoenaed.
          • The changes to ORCPs 7 and 69 are technical amendments.

In addition, the Council has proposed a new rule, ORCP 35, which, if adopted, will provide a uniform approach for responding to vexatious litigants.

To review this biennium’s proposed amendments, go to the OJD website at 2022 Proposed Amendments to the Oregon Rules of Civil Procedure. Written comments on the proposed amendments to the ORCPs should be received by the Council by December 2, 2022, to receive full consideration by the Council at its meeting on December 10, 2022. Comments may be emailed to [email protected].


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

2022 Oregon State Bar Officers and Public Affairs Chair



Kamron Graham,
President, Oregon State Bar
Lee Ann Donaldson,
President Elect, Oregon State Bar
David Wade,
Immediate Past President, Oregon State Bar
Joseph Piucci,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


Susan Grabe, Chief Communications and Public Affairs Officer
Amy Zubko, Public Affairs Legislative Attorney

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August 26, 2022

Oregon Supreme Court Adopts Comity Rule

On Tuesday July 19, 2022, the Oregon Supreme Court approved the adoption of a comity rule to direct how the Oregon State Bar admits licensed attorneys from other jurisdictions.

The rule expands jurisdictions from which licensed and experienced attorneys can be admitted without taking the bar exam, while retaining most other requirements.

The change to the admission rules was spurred in part by the fact that Oregon currently has 2.9 lawyers per 1,000 Oregonians. This ratio, coupled with the fact that many of the state’s lawyers are centered in Oregon’s cities and inside the Willamette Valley, has resulted in a number of “legal deserts” where clients must travel a significant distance to find legal help. Further, Oregon has been experiencing a lack of attorneys in high-volume practice areas such as criminal law and landlord-tenant law.

Under the adopted rule, applicants are still required to meet specific qualifications for admission, but they do not have to come from a jurisdiction that offers the same rules of admission to Oregon attorneys (i.e., reciprocity). Before the rule change, Oregon offered a mechanism for admission without taking a bar exam, reciprocity, to lawyers in 40 jurisdictions. Under the new rule, lawyers from all 54 United States jurisdictions will be able to be admitted to Oregon if they meet the criteria.

For more information, the Board of Bar Examiners has published an FAQ regarding the new rule.


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Oregon Supreme Court Approves Creation of a Licensed Paralegal Program

On July 19, 2022, the Oregon Supreme Court approved a proposal to license paralegals to provide some legal services that currently only lawyers may provide. Under the new rules, licensed paralegals will be allowed to provide limited legal services only in family law cases (divorces, custody, parenting time, etc.), and landlord-tenant cases. These are two of the areas of law with the greatest unmet need for legal assistance in Oregon.

Licensed paralegals will have specific requirements for education and experience, and will be subject to many of the same rules and regulatory requirements that currently apply to lawyers. The intent is to provide access to legal help for those who currently cannot afford a lawyer or who otherwise might go to court with no legal assistance. Details may be found in the materials linked below.

The court has approved new Rules for Admission and Rules of Professional Conduct for Licensed Paralegals, as well as amendments to the OSB Minimum Continuing Legal Education Rules and OSB Rules of Procedure. These rules will go into effect on July 1, 2023.

Throughout the development of this proposal, the Bar received input and comment from hundreds of Oregonians (both lawyers and members of the public). All of the comments received by July 7 were provided to the Court before its decision. This input has improved the proposal, and we thank those who contributed and invite your continued engagement.

For additional information, please visit the Oregon State Bar’s Paralegal Licensing page at (https://www.osbar.org/lp).


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Oregon State Bar House of Delegates to Meet on Friday October 28, 2022

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 HOD is scheduled to meet on October 28, 2022. On July 29, 2022, the Oregon State Bar held an orientation meeting. The HOD includes approximately 240 members elected from the Bar licensees. To meet quorum requirements, at least 50% plus 1 will need to attend.

Proposed resolutions are due to the Oregon State Bar by September 13, 2022. The HOD agenda with resolutions will be published on October 7, 2022. HOD regional meetings will be held the week of October 17, 2022.

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 Kellie Baumann by email at [email protected].


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Celebrate Oregon Attorneys

The Oregon State Bar will hold a Celebrate Oregon Attorneys reception on Thursday October 27, from 5 to 7 p.m., at the Sentinel Hotel in downtown Portland. At this event, we will honor all of the OSB Award winners, the OSB Pro Bono Challenge winners, and the recipient of the Edwin J. Peterson Professionalism Award. President Kamron Graham will be announcing the OSB awards, and Chief Justice Martha Walters will be announcing the Pro Bono Challenge winners.


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Dates of Interest

Revenue Forecast – August 31, 2022
Legislative Days – September 20–23, 2022
General Election – November 8, 2022
Revenue Forecast – November 16, 2022
Legislative Days – December 6–9, 2022


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Archives



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

2022 Oregon State Bar Officers and Public Affairs Chair



Kamron Graham,
President, Oregon State Bar
Lee Ann Donaldson,
President Elect, Oregon State Bar
David Wade,
Immediate Past President, Oregon State Bar
Joseph Piucci,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


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

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June 29, 2022

Speaker of the House Releases New Interim Committee Assignments

In mid-June, Speaker Dan Rayfield (D – Corvallis) released updated committee assignments for interim House committees. Legislators moved into new roles based on interest, expected departures from the legislature, and new responsibilities within their respective caucuses. Below is a partial list of committee membership changes. A full list of changes can be found here.

House Interim Committee on Business and Labor. Representative Nathan Sosa (D – Hillsboro) joined the committee.

House Interim Committee on Economic Development and Small Business. Representative Janelle Bynum (D – Happy Valley) became the chair of the committee. Representative John Lively (D – Springfield) will stay on as a vice chair. Representative Jason Kropf (D – Bend) was discharged from the committee.

House Interim Committee on Housing. House Majority Leader Julie Fahey (D – West Eugene and Junction City) will remain as a member but is no longer chair of the committee. Representative Maxine Dexter (D – Portland) will now chair the committee.

House Interim Committee on Judiciary. Representative Jason Kropf became the new chair of the House Judiciary Committee. Representative Janelle Bynum is no longer serving as Judiciary chair but will remain as a member.

House Interim Committee on Rules. Representative Barbara Smith Warner (D – Portland) will no longer be chair of the committee but will remain as a member. Representative Julie Fahey will chair the committee, with Representative Paul Holvey (D – Eugene) serving as vice chair.


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Emergency Board Releases State Funding to Public Defense Services Commission

The Oregon Legislature’s Emergency Board takes on many of the responsibilities of the Joint Committee on Ways and Means in the second year of the two-year budget cycle. The Board, which is made up of legislators and has three subcommittees (Education, General Government, and Human Services), reviews funding requests, approves federal grant requests, and generally oversees the state budget between the end of a short legislative session in an even-numbered year and the beginning of a long legislative session held during an odd-numbered year.

This spring the Emergency Board met in early June to receive reports, approve grant requests, and allocate previously appropriated funds. In addition, the Emergency Board reviewed approximately 40 individual items ranging from licensing fees for nurses to affordable housing stabilization.

During the June Legislative Days, the Emergency Board and the General Government Subcommittee received reports and requests for funds from the Public Defense Services Commission (PDSC). Of particular interest was $100 million that was earmarked through a special-purpose appropriation for the PDSC during the 2021 Legislative Session. After discussion at both the subcommittee and full committee levels, the funding was released to the PDSC. Funding is expected to be directed as follows:

          • $70.3 million for the Criminal Trial Division,
          • $14.6 million for nonroutine expenses,
          • $5 million for court-mandated expenses, and
          • $10.2 million for the Juvenile Division.

The legislature will meet again in September for another three days of policy and budgetary hearings.


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Oregon Judicial Department Establishes Pretrial Release Guidelines

During the 2021 Legislative Session, the legislature passed Senate Bill (SB) 48. The bill, which was introduced by the Oregon Criminal Justice Commission, requires the establishment of pretrial release guidelines. On June 7, 2022, Chief Justice Walters signed Chief Justice Order (CJO) 22-010, which establishes release guidelines that govern pretrial release orders (PROs) issued by presiding judges in each judicial district.

The legislature’s stated goals in the establishment of statewide PRO guidelines, found in SB 48, were to

          • provide a consistent pretrial release decision-making structure across the state;
          • reduce reliance on the use of security to govern pretrial release;
          • include provisions for victim notification and input; and
          • balance the rights of the defendant and the presumption of pretrial release (for most crimes) against community and victim safety, and also the risk of failure to appear.

The criteria in CJO 22-010 was developed with input from the Chief Justice’s Criminal Advisory Committee. The CJO went into effect immediately, and a standing PRO in each judicial district will go into effect on July 1, 2022.


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Chief Justice Issues New Order on Remote Proceedings and Protective Measures

On June 23, 2022, Chief Justice Walters issued CJO 22-012 on remote hearings and protective measures. CJO 22-012 consolidates many provisions from previous CJOs issued since the beginning of the COVID-19 pandemic and will go into effect on June 30, 2022.

Key provisions include the following:

          • Court proceedings may be conducted in person or by remote means, as determined by the presiding judge or, as applicable, the Tax Court Judge, Chief Judge of the Court of Appeals, or Chief Justice of the Supreme Court.
          • In forcible entry and detainer (FED) proceedings, whether held remotely or in person, an attorney representing a party may appear by remote means, with no need to file a motion requiring court approval (and regardless of any Supplementary Local Rule to the contrary), as long as the attorney has provided notice to the court of the intent to appear remotely.
          • Notwithstanding any statutory requirement to the contrary, any category of arraignment may be conducted remotely, without agreement of the parties.
          • Exhibits may continue to be eFiled in the circuit courts, at the presiding judge’s determination, and the presiding judge also may establish timing and form-of-submission requirements.
          • Protective face coverings are not required to be worn, unless an exception applies. Exceptions include requirements that apply in correctional facilities, requirements that apply by Presiding Judge Order, or when otherwise directed or required as a reasonable protective measure.
          • Social distancing may be required in the public areas of a court facility by Presiding Judge Order, and social distancing otherwise may be directed or required as a reasonable protective measure.
          • Any person in a court proceeding may request that appropriate protective measures be taken, to be determined by the judge presiding over the proceeding.

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Archives



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

2022 Oregon State Bar Officers and Public Affairs Chair



Kamron Graham,
President, Oregon State Bar
Lee Ann Donaldson,
President Elect, Oregon State Bar
David Wade,
Immediate Past President, Oregon State Bar
Joseph Piucci,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


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

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May 13, 2022

BOG Public Affairs Committee Reviews Proposed 2023 OSB Legislative Concepts

On April 21, 2022, the Oregon State Bar (OSB) Board of Governors (BOG) Public Affairs Committee met to host the 2022 Legislative Forum. This year six OSB sections, workgroups, and committees submitted nine law improvement proposals. If adopted, these proposals, along with any BOG priority legislative proposals, will be submitted to the Oregon Legislature’s Office of Legislative Counsel for drafting. The proposals are reviewed by the bar’s General Counsel and 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 lingering challenges arising from COVID-19, the Legislative Forum was a hybrid event. Representatives from the sections, workgroups, and committees, as well as other interested parties, attended the forum and listened to the presentations from section representatives. The Public Affairs Committee submitted recommendations to the full BOG, which will be reviewed during the May 13, 2022, BOG meeting. The BOG will review the proposals in the fall before submission to the Oregon Legislature for consideration.

To review the proposed legislative concepts and guidance on Keller, please visit the OSB’s Public Affairs/Legislative web page (https://www.osbar.org/pubaffairs). If you have questions about the Bar’s legislative process or about a specific proposal, please contact Public Affairs staff at [email protected].


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Three Branch Summit to Address Indigent Defense in Oregon

In late April, Governor Kate Brown, Chief Justice Martha Walters, Senate President Peter Courtney, and Speaker of the House Dan Rayfield created a work group to address the challenges that Oregon’s public defense system is currently experiencing. The work group, chaired by Senator Floyd Prozanski and Representative Paul Evans, is expected to meet over the next 20 months and potentially develop legislation for the 2023 and 2024 legislative sessions. The first meeting of the work group, held in early May, provided an overview of Oregon’s public defense system and identified immediate state funding needs for indigent defense. Future meetings are expected to delve further into the Oregon service delivery model and other states’ public defense service models, as well as review the findings of the American Bar Association’s report and the Sixth Amendment Center’s report on Oregon’s indigent defense system.


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OSB Publishes Judicial Candidate Voting Guide for Primary Election

Each election cycle, the OSB publishes an online Judicial Candidate Voting Guide to provide the public and media with information about judicial elections. It includes a substantive questionnaire regarding the professional history of candidates for judicial office. Participants also answer questions about the judicial role and key issues facing the Oregon court system. Participation is optional, and candidates in both contested and uncontested races participate. The site has received accolades for making judicial elections more open and accessible to the public, while adhering to the judicial canons and maintaining the impartiality of the justice system. The guide can be found at www.osbar.org/judicial/JudicialVotingGuide2022Primary.html.


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2022 Oregon State Bar Award Nominations Due June 1

Every year, the Oregon State Bar honors community members, lawyers, and judges for their contributions to their communities and the profession. The bar is accepting nominations for the following awards:

      • Award of Merit
      • Wallace P. Carson, Jr., Award for Judicial Excellence
      • President’s Diversity & Inclusion Award
      • President’s Membership Service Award
      • President’s Public Service Award
      • President’s Public Leadership Award
      • President’s Sustainability Award
      • President’s Technology & Innovation Award

     

  • The Oregon Bench & Bar Commission on Professionalism is also accepting nominations for its Edwin J. Peterson Professionalism Award.

This year the nomination deadline is Wednesday, June 1, 2002 at 5:00 pm. The nomination form, and information on the awards, can be found on the Oregon State Bar’s website (Oregon State Bar Events).


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Dates of Interest

May 17, 2022 Primary Election
May 18, 2022 Economic and Revenue Forecast
May 31 – June 3, 2022 Legislative Days
August 31, 2022 Economic and Revenue Forecast
September 20-23, 2022 Legislative Days
November 8, 2022 General Election
November 16, 2022 Economic and Revenue Forecast
December 6-9, 2022 Legislative Days
December 21, 2022 Pre-session Bill Filing Deadline

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Archives



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

2022 Oregon State Bar Officers and Public Affairs Chair



Kamron Graham,
President, Oregon State Bar
Lee Ann Donaldson,
President Elect, Oregon State Bar
David Wade,
Immediate Past President, Oregon State Bar
Joseph Piucci,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


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

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March 15, 2022

Justice System Funding Update from the 2022 Legislative Session

One of the last bills to pass through a legislative session is the budget rebalance bill. In a short session, the budget rebalance bill is used not only to make budget adjustments halfway through the two-year budget cycle, but also to fund projects and programs that were either left over from the previous long session or proposed after the current budget cycle began.

Due to a significant increase in revenue as well as federal funds, the Oregon Legislature had approximately $2.5 billion to distribute this year. While legislators ultimately held on to approximately $750 million as a cushion in the ending fund balance, a number of policy bills, as well as the en of session budget bills, distributed approximately $1.7 billion. This year, the budget rebalance bill, House Bill 5202 was almost 200 pages long and included funding for programs across the state, including a variety of programs and projects housed at the Oregon Judicial Department (OJD) and the Public Defense Services Commission (PDSC).

For those interested in a full review of the projects funded through HB 5202, the legislature provides a budget summary that can be found here.


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Oregon Judicial Department Receives Funding for Projects Throughout State

Pretrial Release

During the 2021 legislative session, the legislature directed the OJD in Senate Bill 48 (2021) to modify the pretrial release program. This included the removal of minimum bail amounts and the establishment of pretrial release guidelines.

This session, the OJD received $3.9 million to expand the program. Not only will the funding allow for the expansion of established programs in Josephine and Washington Counties, it will also add staffing in 17 counties that do not currently have programs.

Family Treatment Courts

During the 2021 legislative session, the legislature directed the OJD to work with the PDSC, the Department of Justice, the Department of Human Services, the Criminal Justice Commission, and the Oregon Housing and Community Services Department to develop and strengthen a statewide family treatment court system. This session, the legislature approved approximately $760,000 to the OJD to increase staffing, create a statewide family treatment court governance committee, increase the number of existing staff in Columbia County, and add a new treatment court in Clatsop County.

Courthouse Investments

This session, the legislature continued its commitment to updating and replacing Oregon’s state and county courthouses. The Oregon Supreme Court and Benton, Crook, Deschutes, Columbia, and Clackamas Counties all received state support in their efforts to either replace or update their existing courthouses.


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Legislature Continues Focus on Indigent Defense

During the 2021 session, the legislature earmarked $100 million for the PDSC based on caseload and financial projections. This session, the PDSC returned to the legislature to share that based on its projections, it would need approximately $76 million of those earmarked funds. However, the PDSC is also projecting an additional $50 million is necessary for non-routine expenses. These issues are expected to be addressed through the legislature’s Emergency Board in spring 2022.

While a more robust conversation about the structure and funding of the Office of Public Defense Services is expected this spring, the PDSC did receive a 5.1% increase ($16.2 million) in funding during the 2022 legislative session. The legislature directed $12.8 million to Multnomah, Washington, Marion, and Lane Counties for the procurement of indigent defense counsel, while approximately $743,000 was appropriated to begin the planning phase for a financial and case management upgrade. In addition, new positions were approved for guardianship and juvenile representation.


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Bills of Interest

Unlike the 2020 legislative session, which ended early with only three bills passed out of both chambers, the 2022 legislative session resulted in a significant number of policy bills sent to the Governor for her signature. Below are a few bills that generated a significant amount of interest throughout the legislative session.

HB 4002 – Prohibits employers from permitting or requiring agricultural workers to work in excess of maximum allowable hours unless workers are compensated for overtime hours worked.
SB 1501 – Directs State Board of Forestry to adopt single rule package on or before November 30, 2022, to implement Private Forest Accord Report.
SB 1510 – Requires police officer to inform stopped person of right to refuse consent to search.
SB 1536 – Limits restrictions on portable cooling devices in residences by landlords, homeowners associations, condominium associations and local governments.


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Chief Justice Walters Issues New Mask and Vaccination Orders

On March 9, 2022, Chief Justice Martha Walters issues two new chief justice orders. The first, CJO 22-002, with a few exceptions, lifts the masking requirement in state court facilities as of March 12, 2022. One exception to note is that the masking requirement in the Multnomah County courthouse will be continued by presiding judge order. For the text of the Chief Justice’s order, please review CJO 22-002, found on the OJD’s website.

The second, CJO 22-003, goes into effect on April 1, 2022, and removes the vaccine requirement for OJD employees. Currently over 94% of OJD judges and staff have already been vaccinated. This CJO mirrors the executive order issued by Governor Brown that lifts the vaccine requirement for executive agency staff (EO 21-29).

Many judicial districts continue to have local orders in place. Lawyers and litigants should check local court sites for current requirements.


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Archives



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

2022 Oregon State Bar Officers and Public Affairs Chair



Kamron Graham,
President, Oregon State Bar
Lee Ann Donaldson,
President Elect, Oregon State Bar
David Wade,
Immediate Past President, Oregon State Bar
Joseph Piucci,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


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

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March 3, 2022

Board of Governors Meets with Chief Justice and Legislators to Discuss Legislative Session

On Friday, February 18, 2022, members of the Board of Governors (BOG) had the opportunity to discuss the 2022 legislative session with Chief Justice Martha Walters and legislative leaders. Oregon State Bar (OSB) President Kamron Graham hosted the early breakfast over Zoom. At this year’s breakfast, the Chief Justice opened with an update on the State of the Courts followed by legislators sharing their perspectives on the legislative issues and the processes this session. Over the course of the morning, the Chief Justice, legislators, and BOG members discussed a number of bills that intersected with the justice system, including: HB 4007, HB 4075, HB 4120, HB 4121, SB 1510, and SB 1543.

Thank you to the following legislators for joining us early on Friday morning to share your support for the justice system and your legislative priorities this session.

Senators
Sen. Tim Knopp (R – Bend)
Sen. Kate Lieber (D – Beaverton)
Sen. Floyd Prozanski (D – Eugene)

Representatives
Rep. Ken Helm (D – Beaverton)
Rep. Jason Kropf (D – Bend)
Rep. Karin Power (D – Milwaukie)
Rep. Barbara Smith Warner (D – Portland)
Rep. Duane Stark (R – Grants Pass)
Rep. Kim Wallan (R – Medford)
Rep. Marty Wilde (D – Eugene)


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Bills of Interest

HB 4002 – Prohibits employers from permitting or requiring agricultural workers to work in excess of maximum allowable hours unless workers are compensated for overtime hours worked. Specifies exemptions to overtime compensation requirements.

HB 4086 – A mends provisions of workers’ compensation law related to beneficiaries. Expands scope of retaliation provision for workers’ compensation benefits. Amends definitions of “beneficiary,” “child,” and “dependent” and replaces term “invalid” with “incapacitated.”

HB 4105 – Authorizes duly authorized traffic enforcement agents to review and issue citations based on photographs taken by photo red light cameras or photographs taken by photo radar cameras. Defines “duly authorized traffic enforcement agent.” Authorizes duly authorized traffic enforcement agents to present evidence in trials relating to citations issued by agent.


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Public Defense Services Commission Reports to Ways and Means Committee

On February 21 and February 23, 2022, the Public Defense Services Commission (PDSC) testified on a number of issues in the Public Safety Subcommittee of the Ways and Means Committee. The first hearing focused on the compensation plan for Office of Public Defense Services (OPDS) employees.

The second hearing included two separate reports. The first was a financial update on the PDSC, and the second stemmed from direction by the legislature found in HB 5536 (2021) focusing on the reorganization of public defense services. Per Ramfjord, Chair of the PDSC, Stephen Singer, Executive Director of the OPDS, and Brian DeForest, Deputy Director of Business Services for the OPDS, presented the two reports to the Public Safety Subcommittee. Both reports were accepted, and moving forward, the PDSC is expected to continue to work with the legislature to direct funding where it is most needed while continuing to focus on its reorganization. A funding request to the legislature’s Emergency Board is expected in spring 2022.


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2023 Law Improvement Program – Proposals due April 1, 2022

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 2023 legislative session, proposals should be submitted to the Board of Governors Public Affairs Committee through the Public Affairs Department by April 1, 2022, for approval by the Public Affairs Committee and Board of Governors.

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. Additional information on the process can be found on the Public Affairs Department’s web page.


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Archives



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

2022 Oregon State Bar Officers and Public Affairs Chair



Kamron Graham,
President, Oregon State Bar
Lee Ann Donaldson,
President Elect, Oregon State Bar
David Wade,
Immediate Past President, Oregon State Bar
Joseph Piucci,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


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

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February 7, 2022

2022 Legislative Session Opens on February 1, 2022

The 2022 legislative session began on February 1, 2022. Unlike a regular session held in an odd-numbered year, which can last up to 160 days, a regular session held during an even-numbered year is limited to 35 days. With such a short window of opportunity, the number of bills are capped and the chamber deadlines are quite tight. In fact, the first deadline, a requirement to schedule a work session for a specific bill, occurred only seven days after the opening of the legislative session (for the complete calendar, visit the Secretary of the Senate’s web page, https://www.oregonlegislature.gov/secretary-of-senate/).

Similar to the 2021 legislative session, public hearings and work sessions will be held remotely due to the recent rise in COVID-19 cases in Oregon. Floor sessions, however, will continue to be held in person. Unlike the 2021 legislative session, the state capitol has reopened to the public.

There are a number of bills that may be of interest to practitioners. Examples include:

      • House Bill 4120 – Authorizes court to waive minimum fine in violation proceedings in certain circumstances. Modifies types of documents that must accompany request for filing fee waiver or deferral by adult in custody. Specifies filing fees that may be charged in protective proceedings when petition requests multiple fiduciaries or multiple protective orders. Prohibits charging of filing fee when amended affidavit is filed in small estate probate case. Modifies manner of requesting filing fee waiver for writ of habeas corpus. Authorizes Chief Justice to direct or permit electronic court appearances. Authorizes presiding judge to order in-person appearance in specified circumstances
      • House Bill 4121 – Authorizes presiding judge of judicial district to appoint child support referee to process or hear certain child support or parentage matters. Prescribes procedure for rehearing following issuance of child support referee order. Directs clerk or court administrator to enter child support referee order in register.
      • Senate Bill 1543 – Provides for nonprofit organization that addresses and executes worker relief to serve as fiscal agent to award grants to organizations to provide services related to immigration matters through universal representation program. Requires fiscal agent to report annually to appropriate committee or interim committee of Legislative Assembly, Oregon Department of Administrative Services and Legislative Fiscal Officer. Directs Chief Justice of Supreme Court to transfer funds to Oregon State Bar for use by Legal Services Program to provide legal services to individuals on immigration matters and related matters. Establishes Universal Representation Fund in State Treasury. Appropriates moneys from General Fund to Oregon Department of Administrative Services for purposes of deposit in Universal Representation Fund. Appropriates moneys from General Fund to Judicial Department for purposes of transfer to Oregon State Bar.
      • Senate Bill 1581 – Increases annual salary of judges of Supreme Court, Court of Appeals, circuit courts and Oregon Tax Court.

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How to Track Proposed Legislation

The Public Affairs Program is available to assist all Oregon State Bar sections and committees track proposed legislation. If a section or committee has already identified specific bills to follow, please contact Matt Shields in Public Affairs at [email protected] to ensure that legislation is included in the section’s bill-tracking list.

As bills are introduced, Public Affairs staff will review all proposed legislation and refer specific bills to groups that may be interested in the subject. Because this is a short legislative session, the majority of bills were publicly posted on February 1, 2022 and are now available for review.

Once a section or committee has identified bills to follow, those bills will be input into the group’s bill-tracking page. Each group has its own page on the Public Affairs’ webpage. This will enable each group to receive updates and to review changes to any legislation that a group has expressed an interest in following. In addition, bar staff has reviewed proposed legislation and posted many of the bills by subject area.


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Representative Dan Rayfield Elected Speaker of the House

On February 1, 2022, Representative Dan Rayfield (D-Corvallis) became the Speaker of the Oregon House. After nine years as Speaker, former Representative Tina Kotek (D-Portland) stepped down from her position as Speaker and her seat to run for Governor in the 2022 Election.

Speaker Rayfield first was elected to the House of Representatives in 2014. He is one of the nine legally-trained legislators currently serving in the state legislature. Over the last several years he has primarily focused on the state budget and government ethics. Most recently he served as the House Co-Chair of the Ways and Means Committee from 2019-2021. To watch his swearing in and opening remarks, please follow this link.

Congratulations to Speaker Rayfield!


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2023 Law Improvement Program – Proposals due April 1, 2022

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 2023 legislative session, proposals should be submitted to the Board of Governors Public Affairs Committee through the Public Affairs Department by April 1, 2022, 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. While Public Affairs staff provide lobbying assistance to section and committee members for law-improvement proposals, each section or committee is responsible for supporting their proposed legislation through the process.

The OSB 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 Public Affairs for assistance.


Oregon Judicial Department Launches eFiling of Fee Waivers and Deferrals

Beginning February 2, 2022, filers will be able to electronically submit fee waiver and deferral applications to Oregon’s circuit courts and the Oregon Tax Court. Click here for the Chief Justice’s Announcement, and here for a detailed guide to submitting electronically.

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Archives



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

2022 Oregon State Bar Officers and Public Affairs Chair



Kamron Graham,
President, Oregon State Bar
Lee Ann Donaldson,
President Elect, Oregon State Bar
David Wade,
Immediate Past President, Oregon State Bar
Joseph Piucci,
Chair, Public Affairs Committee, Oregon State Bar Board of Governors

For questions about articles, legislation, or the legislative process, please contact:


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

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