Capitol Insider

Public Defense Bills Pass Out of Committee

On June 9, the Joint Ways and Means Committee passed out two bills addressing Oregon’s public defense system. The first, SB 337, included a restructure of Oregon’s public defense commission. The second, SB 5532, is the budget bill for the new commission.

An overview of the changes made by SB 337 can be found in the previous Capitol Insider here. In addition, the bill was amended during a subcommittee committee meeting on June 6. Earlier this session, SB 1093, which creates regional task forces to address the unrepresented persons crisis, received a public hearing in the Subcommittee on Public Safety. This proposal was amended into SB 337 during the hearing on the 6th.

Under the amendment, the presiding judge of each judicial district with a population over 100,000 is charged with creating a crisis team made up of the presiding judge, district attorneys, and the public defense services executive director or designee, to create a “coordinated public safety unrepresented defendant crisis plan” to submit to the Oregon Criminal Justice Commission. A report is due back to the legislature in the fall of 2023.

SB 5532, the public defense budget bill, provides $535.5 million for the public defense commission for the 2023–2025 biennium. This is a total funds increase of 14.8 percent over the 2021–2023 legislatively approved budget.

Among other investments and technical adjustments, the bill includes new or continued investments to address the following:

• • caseload adjustments;
  • unrepresented defendant/person crisis;
  • nonunanimous jury convictions;
  • conversion of limited duration to permanent positions;
  • the costs of county discovery costs.

In addition to the funding included in the budget, the public defense commission has been directed through three Budget Notes (page two of document) to do the following:

• • Comprehensive Remediation Plan – report back to the legislature on the commission’s restructuring and modernization efforts.
  • Quality Measurement Plan – develop a quality measurement plan for public defense and associated Key Performance Measures and Indicators.
  • Internal Audit Function – report back to the legislature on internal audits, audits of provider contracts, and audit plans for the 2023–2025 biennium.

---

Back to top

End of Session Policy Packages Moving through Ways and Means Committees

This session, because of the Senate’s inability to reach quorum and vote during floor sessions, a number of legislative priorities have been repackaged into policy packages within a bill focused on a single overarching subject matter. The legislature has created five separate bills focused on housing, water resources, health care, climate, and economic development. Each bill contains a number of legislative concepts.

• • HB 3124 – Requires Water Resources Department to study drought. This bill has been assigned to the Subcommittee on Natural Resources but has not yet been scheduled for a hearing or work session.
  • HB 3395 – Requires Housing and Community Services Department to study housing. This bill is scheduled for a work session in the Subcommittee on Capital Construction on June 9, 2023.
  • HB 3396 – Requires Oregon Health Authority to study access to health care in Oregon. This bill is scheduled for a public hearing and work session in the Subcommittee on Capital Construction on June 9, 2023.
  • HB 3409 – Requires Department of Environmental Quality to study climate. This bill passed out of the Subcommittee on Natural Resources on June 8, 2023.
  • HB 3410 A – Appropriates moneys to Higher Education Coordinating Commission for distribution for purposes related to outdoor recreation economy. This bill moved out of the full Ways and Means Committee on June 2, 2023 and passed the House on June 8, 2023.

Of the five bills, two have been voted out of the subcommittee and two are scheduled for review in the subcommittee on Capital Construction on June 9, 2023. The Legislative Fiscal Office (LFO) has provided an index of programs within each bill that has been scheduled and the identified funding. To review the document, go to the bill link and then the “Analysis tab” on the ribbon. The LFO document will be accessible under that tab.

Back to top

Legislature Introduces Bill to Create Independent Public Service Compensation Commission

On June 6, 2023 the Senate Rules Committee introduced Legislative Concept (LC) 4412 to create the Independent Public Service Compensation Commission. If passed, the commission will be tasked with determining the salaries of public elected officials including:

• • Governor
  • Secretary of State
  • State Treasurer
  • Attorney General
  • BOLI Commissioner
  • Oregon Supreme Court Justices
  • Oregon Judges
  • State Senators
  • State Representatives

The proposed commission is limited and may not include officers or employees of the State of Oregon, lobbyists, and their immediate family members. The legislature may add additional criteria for commission membership. Under the proposal, funding for the salaries for the public officials will be drawn from the state’s General Fund based on the recommendations of the commission. If passed, LC 4412 is a constitutional amendment and will be referred to the ballot for consideration.

This session the Oregon Judicial Department introduced SB 233 to increase judicial compensation for trial and appellate court judges in Oregon. The bill is currently in the Joint Ways and Means Committee and has not been scheduled for a public hearing or work session.

Back to top

---

Back to top

Oregon Judicial Department Budget Passes Out of Ways and Means Committee

On May 31, the Oregon Judicial Department (OJD) budget for the 2023–2025 biennium passed out of the Joint Ways and Means Committee. The bill, SB 5512, provides approximately $750 million in total funds to the OJD for the two-year period. This includes an increase in the General Fund funding over the 2021–2023 legislatively approved budget and is more than the proposed 2023–2025 current-service-level budget.

The recommended budget includes new or continued investments in

• • the pretrial release program;
  • protective proceedings;
  • expunction;
  • remote proceedings;
  • compensation plan changes;
  • collaborative grants and agreements; and
  • the backfill of a revenue shortfall in the eCourt program, among other less material changes.

An overview of the funding provided in SB 5512 can be found here. In the coming weeks, the legislature may make additional changes to the state budget, and further funding for OJD programs and projects may be added. Any updates will be included in future issues of the Capitol Insider.

Thank you to the members of the Campaign for Court Funding for all of your outreach in support of court funding this biennium! We look forward to continuing to work with you on this important project.

---

Back to top

Restructure of Public Defense Services Commission Passes Out of the Senate Rules Committee 

On May 30, SB 337 passed out of the Senate Rules Committee after the bill was amended with the –A8 amendment. SB 337 contains the phased restructure of Oregon’s public defense system. The bill passed out of committee with a 3-2 vote and is on its way to the Joint Ways and Means Committee.

Not only does SB 337 as amended create a new entity to house Oregon’s public defense system, the Oregon Public Defense Commission, it restructures the membership of the Commission, moves the Commission from the judicial to the executive branch by January 3, 2025, modifies the pay structure, allows for the hiring of trial-level state employee attorneys, and directs the commission to contract with providers, promulgate standards, and report back to the legislature.

Recent amendments to the bill give the Governor the authority to remove Commission members for cause, provide that the Executive Director works at the pleasure of the Governor through 2027, and modifies commensurate pay requirements.

The next step for the bill is review by the Joint Ways and Means Committee where legislators will delve into the costs of the program. The proposed 2023 – 2025 Public Defense Services Commission budget, found in SB 5532, is currently in the Joint Ways and Means Committee Public Safety Subcommittee as well.

---

Back to top

Bills of Interest 

• • SB 234 – Expands authority of Chief Justice of Supreme Court to make rules for gathering specified information and identifying and evaluating disparities and impacts in justice system in Oregon.
  • SB 619 A – Permits consumers to obtain from 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 or any personal data and copy of all of consumer’s personal data that controller has processed or is processing.
  • SB 807 A – Provides procedure whereby elected judge may challenge party, attorney, law firm, district attorney’s office, defense consortium or public defender’s office that files motions to disqualify judge that effectively deny judge assignment to criminal or juvenile delinquency docket.
  • HB 2225 – Increases fees that may be charged for preparation of court transcripts.

---

Back to top

Annual Adjustment to Oregon Tort Claims Act and Wrongful Conviction Compensation 

Oregon Tort Claims Act

The Office of the State Court Administrator (OSCA) has calculated the annual adjustment to the limitations on liability of state and local public bodies for personal injury, death, and property damage or destruction. Based on these calculations, the limitations are adjusted as shown here.

The new limitations become effective on July 1, 2023, and apply to all causes of action arising on or after July 1, 2023, and before July 1, 2024. The OSCA opened a public comment period on the adjustments from March 10, 2023, to 5:00 p.m. on April 28, 2023. It received no public comment.

The OSCA makes these adjustments annually, as required by ORS 30.271(4), 30.272(4), and 30.273(3). A list of past and current limitations on liability of public bodies can be found on the OJD website at http://www.courts.oregon.gov/Pages/tort.aspx.

Wrongful Conviction Compensation

In 2022, the legislature passed SB 1584 (Oregon Laws 2022, chapter 105). The law allows a wrongfully convicted person to file a petition seeking compensation in the Marion County Circuit Court or in the circuit court for the county of conviction, and it directs the OSCA to adjust the compensation amounts annually according to the methodology described in the law. The adjusted amounts can be found here.

The new compensation amounts become effective on July 1, 2023. They apply to all petitions filed on or after July 1, 2023, and before July 1, 2024.

The OSCA opened a public comment period on the adjustments from March 10, 2023, to 5:00 p.m. on April 28, 2023. It received one public comment expressing an opinion that the wrongful conviction compensation amounts should be higher; however, the public comment did not contain any suggestion that the adjustments were incorrectly calculated under the statute.

Back to top

Back to top

Oregon State Bar Bills Pass the Legislature

Over the last month, the Oregon State Bar’s law improvement bills have moved through the second chamber of the Legislature. At the time of publication, all eight of the Oregon State Bar’s Law Improvement Bills have been voted out of both chambers and have been sent to the Governor for her signature. The final deadline to move a bill out of a House policy committee is May 19, 2023.

• • Senate Bill 306 A – Modifies statutes to allow for nonattorney associate members of the Oregon State Bar to practice law in certain scope of practice.
  • Senate Bill 307 – Provides procedure by which party can present offer of judgment in arbitration proceeding.
  • Senate Bill 308 A – Changes title of “small estate affidavit” to “simple estate affidavit.” Modifies eligibility for simple estate affidavit to include estate of decedent dying testate if value of specific bequests does not exceed specified amount and residual beneficiary is decedent’s inter vivos trust.
  • Senate Bill 309 – Modifies number of weeks notice to interested persons in decedent’s estate must be published.
  • House Bill 2324 – Modifies provisions relating to mailing of notice of appeal.
  • House Bill 2325 – Allows public member of board of governors of Oregon State Bar to be elected as president or president-elect of board.
  • House Bill 2329 – Modifies execution formalities for appointment of person to make decisions concerning disposition of remains and for declaration for mental health treatment.
  • House Bill 2330 – Redesignates Uniform Fraudulent Transfer Act as Uniform Voidable Transactions Act.

Thank you to the section committee members and volunteers for your efforts to pass these bills through the legislative process.

---

Back to top

PDSC Budget Receives Public Hearing

This session, the Public Defense Services Commission (PDSC) proposed budget received a public hearing beginning April 17.  During the three days of hearings, the Joint Ways and Means Public Safety Subcommittee received testimony from the PDSC as well as a number of interested parties, including representatives from the Oregon Judicial Department, public defenders from throughout the state, the Oregon Criminal Defense Lawyers Association (OCDLA), and the Oregon State Bar, to name just a few. Thank you to Joe Piucci for testifying on behalf of the Board of Governors in support of SB 5532.

In addition to the testimony provided as part of the PDSC budget process, the Public Safety Subcommittee requested that the PDSC, the Oregon Judicial Department, the Oregon District Attorneys Association and representatives of public defenders in Oregon provide additional information on the unrepresented defendants/persons crisis in Oregon during an informational hearing on April 20.

Conversations about Oregon’s public defense system are ongoing. In addition to the proposed budget found in SB 5532, there are a handful of bills that could affect the delivery of criminal representation including: Senate Bill 337 A currently in the Senate Rules Committee, House Bill 2467 A currently in the Joint Ways and Means Committee, and Senate Bill 1093 currently in the Joint Ways and Means Committee Public Safety Subcommittee. An informational hearing on SB 337 will be held on May 11 in the Senate Rules Committee.

---

Back to top

Judicial Compensation Receives a Public Hearing

On April 27, Senate Bill 233 received a public hearing in the Senate Rules Committee.  The bill would increase the salaries for circuit and appellate judges in the Oregon Judicial Department. On May 4, the bill moved out of the committee and was sent to the Ways and Means Committee.

During the hearing, Chief Justice Megan Flynn, circuit court judges from around Oregon, representatives from the Oregon Association of Defense Counsel and the Oregon Trial Lawyers Association testified in support of the bill. Lee Ann Donaldson, 2023 President of the Oregon State Bar, also testified in support of the bill.

---

Back to top

Bar Members Testify at Ways and Means Roadshow

Every long session the Joint Ways and Means Committee hosts public hearings on the state budget at a variety of locations throughout the state with the goal of hearing from Oregonians who are unable to make the trip to Salem to testify in person.

Although the rise of remote conference technology has increased accessibility to the state legislative process, Oregon’s budget committee has continued to offer the opportunity for in-person testimony. This year, committee members travelled to Portland, Ontario, Roseburg, and Newport to receive testimony.

This year Joe Puicci (Portland), Chris Cauble (Roseburg), David Robinson (Newport), and Tim Helfrich (Ontario) testified in support of adequate funding for Oregon’s justice system and shared their support for state funding for the Oregon Judicial Department, Oregon’s indigent defense system, and Oregon’s civil legal aid programs.

---

Back to top

ABA Lobby Days Return to DC

This year the Oregon State Bar, along with Oregon’s civil legal service providers, participated in the American Bar Association’s annual Lobby Day. For the first time since 2019, the ABA Lobby Day was held in Washington DC rather than remotely.

The focus of this year’s Lobby Day was adequate funding for the federal Legal Services Commission, specifically a request to support an FY 2024 appropriation of $800 million dollars, the total amount in President Biden’s proposed budget for legal aid throughout the U.S.

OSB President-elect David Rosen, Ed Harnden (Campaign for Equal Justice), Ayla Ercin (Campaign for Equal Justice), Monica Goracke (Oregon Law Center), and Susan Grabe (Oregon State Bar) shared their support with Oregon’s federal delegation.

A meeting with Representative Bonamici during ABA Days. From left: OSB President-elect David Rosen, Ayla Ercin, Ed Harnden, Representative Suzanne Bonamici, Susan Grabe Front: Monica Goracke

A meeting with Representative Bentz during ABA Days. From left: Susan Grabe, Representative Cliff Bentz, OSB President-elect David Rosen, Ayla Ercin, Ed Harnden, Monica Goracke

 

---

Back to top

Bills of Interest

• • House Bill 3167– Modifies definitions to allow for publication of legal notices in digital newspaper.
  • House Bill 3294 A – Requires county clerk to replace recorded instrument with court-ordered version that redacts discriminatory language.
  • Senate Bill 234 – Expands authority of Chief Justice of Supreme Court to make rules for gathering specified information and identifying and evaluating disparities and impacts in justice system in Oregon.
  • Senate Bill 807 – Provides procedure whereby elected judge may challenge party, attorney, law firm, district attorney’s office, defense consortium or public defender’s office that files motions to disqualify judge that effectively deny judge assignment to criminal or juvenile delinquency docket.

---

Back to top

Back to top

First Legislative Deadline Passes

On April 4, and with a few exceptions, the legislature completed its review of proposed legislation in each bill’s chamber of origin. Those bills that were not voted out of committee by the end of the day on the 4th died and will no longer be considered this legislative session.

If you are interested in a particular bill, go to the Oregon Legislative Information System (OLIS) (https://olis.oregonlegislature.gov/liz/2023R1#), click on “Bills” on the right-hand side, and enter the bill number. Those bills that did not receive a work session where the bill was voted out of committee by April 4, 2023, will not be moving forward this session. There are exceptions to this rule. For example, if a bill is currently in the Rules Committee, the Ways and Means Committee, or one of the Revenue Committees, the April 4 deadline does not apply.

Please find below a partial list of some of the bills that did not move forward this session. These concepts may be revived in an amendment later this session, or they may be reintroduced in the 2024 or 2025 legislative sessions.

Senate Bill 909– Updates and modernizes laws that govern formation, governance, operations and conversion of limited liability companies in this state and relations among members, managers and third parties with respect to limited liability companies in this state.

House Bill 2672– Establishes Public Law School Tuition Forgiveness program.

House Bill 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.

Back to top

Restructure of Oregon Public Defense System Moves to Ways and Means 

This session, the Oregon Legislature has continued its work to update and restructure the public defense system in Oregon. Since last May, the Three Branch Workgroup has met during the interim and during the legislative session to review the report and recommendations from the 6^th Amendment Center and to consider Oregon’s unique needs.

On March 30th, the Senate Judiciary Committee held a public hearing on Senate Bill 337 A. The bill, originally introduced as a placeholder, was amended with the -1 amendment, which included a number of changes to the existing system. The bill, as amended, passed out of the Senate Judiciary Committee and was forwarded to the Joint Ways and Means Committee for additional review. Some of the proposed changes include

• • changing the name of the Public Defense Services Commission to the Oregon Public Defense Commission;
  • modifying the makeup of the commission, changing the appointment process, and specifying the qualifications of commission members;
  • identifying the duties of the commission;
  • transferring the commission from the Judicial to the Executive Branch; and
  • modifying the delivery model.

In addition to SB 337, the House Judiciary Committee forwarded House Bill 2467, which would provide additional services to public defense providers. Examples include legislative direction to increase wages for public defenders so they are commensurate with other state employees with similar responsibilities, as well as training and recruitment, a state-funded loan repayment and forgiveness program, grants to Oregon law schools to support recruitment efforts, and increased reporting requirements. HB 2467 moved out of the House Judiciary Committee on April 3rd and moved down to the Joint Ways and Means Committee for additional consideration.

---

Back to top

Bills of Interest 

House Bill 337 A – Directs Public Defense Services Commission to study ways to improve provision of public defense services within this state, and to provide results of study to interim committees of Legislative Assembly no later than December 31, 2024.

House Bill 3294 A – Requires county clerk to replace recorded instrument with court-ordered version that redacts discriminatory language.

House Bill 5532 – Appropriates moneys from General Fund to Public Defense Services Commission for certain biennial expenses

Senate Bill 233 – Increases salaries of state court judges.

Senate Bill 619 A – 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.

---

Back to top

Ways and Means Co-Chairs Release Proposed Budget Framework

Under Oregon’s constitution, the legislature must pass a balanced budget every two years. On March 23, the co-chairs of the Joint Ways and Means Committee released their 2023–2025 proposed budget framework. This proposed framework takes into account the current services provided by the state, the current economic and revenue forecasts, and unique needs in certain policy areas. This budget also takes into consideration the Governor’s proposed budget, which was released in early February.

This biennium, the co-chairs, Senator Elizabeth Steiner and Representative Tawna Sanchez, have released a budget that accounts for actions already taken by the current legislature. For example, the legislature already passed HB 2001, which provides significant funding for housing and homelessness throughout the state.

In addition, the co-chairs’ proposed budget incorporates cuts in the 2023–2025 budget that will result in partial funding for all three branches of government. The proposed Oregon Judicial Department’s budget is a 2.5% decrease in funding of the expected 2023–2025 current service level. While this is an increase in state funding over the current biennium, it will not fully fund the expected costs for the next biennium.

The co-chairs’ proposed framework recognizes that additional funding may be necessary for the Public Defense Services Commission. The Ways and Means Public Safety Committee will hold its first informational and public hearings on the Public Defense Services Commission 2023–2025 budget beginning on April 17, 2023. Hearings on HB 5532 will last until April 20.

---

Back to top

---

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

Back to top

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)

Back to top

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.

---

Back to top

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

---

Back to top

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.

---

Back to top

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.

---

Back to top

Back to top

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!

---

Back to top

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.

---

Back to top

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

---

Back to top

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.

Back to top

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.

---

Back to top

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.

---

Back to top

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.

---

Back to top

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.

---

Back to top

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. 1. 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.

---

Back to top

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.

---

Back to top

Back to top

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.

---

Back to top

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.

---

Back to top

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].

---

Back to top

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

Back to top

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.

---

Back to top

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).

---

Back to top

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].

---

Back to top

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.

---

Back to top

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

---

Back to top

Back to top

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.

---

Back to top

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.

---

Back to top

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.

---

Back to top

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.

---

Back to top

Back to top