Capitol Insider

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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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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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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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.

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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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House and Senate Judiciary Committees Hold Informational Hearings on 2022 Legislative Concepts and Proposals

On January 12 and 13, the House and Senate Judiciary Committees each met to receive reports on issues of interest and to hold informational hearings on possible legislative concepts. Due to scheduling difficulties, the committees met separately. Both committees took the opportunity to discuss bills that will be introduced during the 2022 legislative session.

In addition, both committees received reports from a variety of entities on issues of interest, including a presentation in the Senate Judiciary Committee by the Oregon State Bar on Oregon Law+Connect, a legal services web portal for self-represented Oregonians.

House Interim Judiciary Committee

Updates regarding the Department of Corrections

• • Jailhouse Lawyer Incident
  • Tear Gas Incident

2022 Legislator Concepts

• • HB 4110 – Survivor Access to Police Records
  • HB 4073 – Peremptory Challenges, Disqualifying Judges, and Justified Use of Physical Force
  • HB 4075 – Restitution Reform for Crime Victims
  • SB 1510 – Justice Reinvestment Program

2022 House Judiciary Committee Bills

• • HB 4007 – Relating to Courts
  • HB 4008 – Relating to Public Safety
  • HB 4009 – Relating to Criminal Law

Senate Interim Judiciary Committee and Ballot Measure 110 Implementation Committee

Informational Hearings

• • Psychiatric Security Review Board
  • Oregon Justice for Exonerees Act
  • Universal Representation
  • Oregon Law+Connect Portal Project

2022 Senate Judiciary Committee Bills

• • SB 1510 – Relating to Public Safety
  • SB 1511 – Relating to Crime
  • SB 1512 – Collateral Consequences

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Ways and Means Public Safety Subcommittee Considers Funding Requests

During the January Legislative Days, the Oregon Judicial Department (OJD) submitted two budgetary items for consideration by the Joint Ways and Means Committee, the budget committee for the Oregon Legislature. Both requests, discussed during a hearing held held on January 12, 2022, were adopted and will be incorporated into a budget rebalance bill during the 2022 legislative session. The Public Defense Services Commission, as well as the Oregon Department of Justice, also submitted funding requests. To review the full agenda, please go to the Public Safety Subcommittee’s agenda.

Clackamas County Courthouse

During the 2021 legislative session, the legislature provided placeholder funding for the Clackamas County Courthouse Replacement Project, with a request that OJD and the county return during the 2022 legislative session with additional information (HB 5006 – Bill and Budget Report). During the January Legislative Days, the Ways and Means Committee acknowledged receipt of the report. The authority to move forward with the project along with approximately $94.5 million bonding authority is expected to be included in the end of session rebalance legislation. Similar to other courthouse replacement projects over the last decade, Clackamas County will be responsible for one half of the funding for the project.

Reorganization of the Office of the State Court Administrator

The Office of the State Court Administrator (OSCA) resides within OJD and assists the Chief Justice with the administration of the circuit, tax, and appellate courts in Oregon. The OSCA supports and assists the Chief Justice in her administrative duties by providing oversight of central business and infrastructure, including budget, accounting, revenue/collections, procurement, human resources, legal, internal audit, public information, data analysis, education and outreach, statewide forms and materials, business continuity planning, and information technology.

OJD’s proposal, which was accepted by the full Ways and Means Committee, and is expected to be included in the 2022 budget rebalance bill, will provide an approximately $2.5 million increase in funding during the 2021–2023 biennial budget and provide authority for 15 new positions and a reorganization of the office.

Public Defense Services Commission

During the January Legislative Days, the Public Defense Services Commission had three budgetary proposals for the legislature to consider: the implementation of SB 578 (2021), an information technology contract extension, and an increase in funding for staff for the juvenile appellate section.

SB 578 (2021) establishes a pilot project to provide counsel for persons in protective proceedings when certain criteria are met. An attorney will be funded by the state unless a protected person has sufficient funds in their estate. The Ways and Means Committee approved funding for one limited-duration full-time position to be included in the 2022 budget rebalance bill. In addition, the Ways and Means Committee approved funding for a senior juvenile appellate attorney. The requested authority for the information technology contract extension will be revisited in May 2022.

Oregon Department of Justice

During January Legislative Days, the Oregon Department of Justice submitted a request for funding for additional staff to represent state agencies. Nine permanent full-time senior assistant attorney general positions were approved to be included in the 2022 legislative session rebalance bill.

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Bills of Interest

The deadline for submitting legislation for the 2022 legislative session was January 14, 2022. These bills were published on the Oregon Legislative Information System (OLIS) on January 25, 2022, prior to the beginning of the session. Below are some of the legislative concepts that may be of interest.

• • HB 4017 – Requires business entity that collects, stores or transfers personal data of resident individual to register with Department of Consumer and Business Services as data broker.
  • HB 4073 – Modifies provisions relating to peremptory challenges to jurors.
  • HB 4075 – Modifies procedures for requesting and ordering restitution in criminal cases.
  • SB 1511 – Creates process by which person convicted or found guilty except for insanity as result of nonunanimous jury verdict may file petition for postconviction relief within one year of effective date of Act. Sunsets on January 1, 2025.

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Turnover in Oregon Legislature Brings Many New Faces

Since 2020, ten legislators have resigned their seats in the state House and Senate either to retire or to run for a different office. This has led to a waterfall of position changes both in the addition of new faces in the legislature and changes in leadership. Since the end of the 2021 legislative session, the following legislators have been appointed:

Representative Anna Scharf (R-Dallas)
Representative Christine Goodwin (R – Roseburg)
Senator Akasha Lawrence Spence (Dt – Portland)
Representative Chris Hoy (D – Salem)
Representative Jessica George (R – Keizer)
Senator Rachel Armitage (D – Scappoose)
Senator Janeen Sollman (D – Hillsboro)

On January 27, 2022, Travis Nelson was appointed to fill former Representative Tina Kotek’s seat by the Multnomah County Commissioners. There are currently two seats open and scheduled to be filled by county appointment. Representative Christine Drazen resigned in January and Representative Sollman has been appointed to fill former Senator Chuck Riley’s seat.

Thank you to those legislators who have served in the Oregon Legislature and specifically to the legally trained legislators.

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2021 Second Special Session Held on December 13, 2021

In mid-December, the Oregon State Legislature held the Second Special Session of 2021. This session, which lasted one day, was called by the Governor to address continuing landlord-tenant issues, the drought in much of Oregon, an increase in illegal marijuana grows throughout the state, and to provide support to the Afghan refugees who are arriving in Oregon.

This session the legislature considered four bills and one concurrent resolution:

• • • Senate Bill 891 – Extends suspension of termination of residential tenancies for nonpayment of rent for tenants who have applied for emergency rental assistance and provided documentation of application to their landlord on or before June 30, 2022, throughout period that application is pending.
    • Senate Bill 892 – Directs State Department of Agriculture to establish forgivable loan program to provide financial assistance to farming and ranching producers in Oregon with lost gross farm income in calendar year 2021 due to qualifying natural disaster.
    • Senate Bill 893 – Requires prioritizing financial assistance to local law enforcement agencies to partner with community-based organizations in order to address humanitarian crisis associated with unlawful marijuana cultivation or distribution operations in awarding grants through Illegal Marijuana Market Enforcement Grant Program.
    • Senate Bill 5561 – Appropriates moneys from General Fund to specified state agencies for specified expenses.
    • Senate Concurrent Resolution 41 – Adjourning sine die 2021 second special session of Eighty-first Legislative Assembly.

All four of the bills passed both chambers and were signed by the Governor on December 14, 2021.

Similar to other special sessions over the last few years, committee hearings and the submission of public testimony were completed before the legislature gaveled in for the session. To review the public testimony, please visit the committee hearing held on December 11, 2021. The legislature’s deliberations and votes were held during the special session. Materials and video for the special session can be found here.

Landlord-tenant information. During the regular 2021 legislative session, the Oregon Legislature passed SB 278. The bill, which passed in June of 2021, provided an eviction safe harbor for renters if they showed their landlords documentation of their application to the state’s rental assistance program. Under SB 278, the safe harbor lasted, depending on location, either 60 or 90 days. The rental assistance provided by the program covered 12 months of back rent and utilities as well as three months of future rent and utilities.

Under SB 891, which passed last week, the safe harbor for nonpayment of rent was extended. Renters now have until before their first court appearance or June 30, 2022, (whichever comes first) to share their Oregon Emergency Rental Assistance Application with their landlord and establish the safe harbor. If, however, the application is closed, or the funding does not cover the cost of unpaid rent, the landlord may continue with eviction proceedings for unpaid months.

Drought Relief. SB 892, created a forgivable loan program for farmers and ranchers in Oregon who lost gross farm income due to a qualifying natural disaster. The legislature, in SB 5561, the session’s funding bill, provided the Department of Agriculture $40 million for the program.

Public safety. SB 893 builds off legislation (SB 1544, 2018) first passed in 2018. The original legislation created the Illegal Marijuana Market Enforcement Grant Program at Oregon’s Criminal Justice Commission (CJC). SB 893 requires the CJC to prioritize local law enforcement efforts to address unlawful marijuana cultivation or distribution operations when awarding grants.

Afghan refugees. SB 5561 was the sole budget bill passed during the second special session. In addition to funding for the bills mentioned above, the budget bill provided approximately $18 million in funding to assist Afghan refugees in their transition to Oregon. This funding will be used for a variety of services, including immigration legal services.

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2022 Legislative Session – What to Expect

The 2022 Legislative Session will open on Tuesday, February 1, 2022, and constitutional sine die (last day of session) is March 7, 2021. Colloquially referred to as the “short session,” expected topics include a budget rebalance, continued focus on COVID-19 and the attendant challenges, housing, the Ramos decision, the Private Forest Accord, and the Public Defense Services Commission.

Before the 2022 session, the legislature will hold Legislative Days. During this three-day period, January 11–13, 2022, legislators will meet to discuss legislative concepts expected to be introduced during the 2022 legislative session, hold hearings, and finalize legislative concepts. Bills must be pre-session filed with the Secretary of the Senate or the Clerk of the House on January 14, 2022.

Over the last few years, significant work has been done on the state Capitol, with a focus on seismic retrofitting. This project will continue through the 2022 legislative session, and parts of the state Capitol, including the majority of the hearing rooms, are expected to be closed while construction continues. Additional information on the 2022 legislative session, hearings, chamber votes, and access is expected to be shared in the new year.

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Dates of Interest

Legislative Days	January 11 – 13, 2022
Bill Submission Deadline	January 14, 2022
First Day of Legislative Session	February 1, 2022
First Chamber Deadline	February 14, 2022
Release of Revenue and Economic Forecast	February 9, 2022
Second Chamber Deadline	February 24, 2022
Constitutionally-required last day of session	March 7, 2022

 

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Judiciary and Public Safety Committees Meet during Legislative Days

Last week the interim Senate Committee on Judiciary and Ballot Measure 110 Implementation Committee and the interim House Judiciary Committee met during the November Legislative Days. Due to scheduling complications, the committees met separately rather than jointly. Over the two days of hearings, the two committees focused on a wide variety of issues, including the Ramos decision, the Public Defense Services Commission (PDSC), an update on Ballot Measure 110, an Oregon Judicial Department (OJD) grant request, and a discussion of potential 2022 legislation. The full agendas and links to the recordings for each hearing can be found on the House Judiciary and the Senate Judiciary pages on the Oregon Legislative Information System (OLIS).

In addition, the interim Ways and Means Public Safety Subcommittee met to discuss a variety of public safety issues including a grant request from the Oregon Judicial Department.

Nonunanimous Jury Decisions

The Senate Committee began its hearing with testimony regarding nonunanimous jury decisions and the recent U.S. Supreme Court decision in Ramos v. Louisiana (140 S. Ct. 1390, 1395 (2020)). The informational hearing included testimony from Judiciary Counsel, Legislative Counsel, the Criminal Justice Commission, the Oregon Department of Justice, Lewis and Clark’s Criminal Justice Reform Clinic, and the Oregon District Attorneys Association. The presentation covered a high-level history of the use of nonunanimous juries in Oregon, the court and appellate processes, the cost to the state, and a brief discussion of a work group expected to work through many of these issues.

Public Defense Services Commission

The House Committee received a report from the PDSC. During the 2021 Legislative Session, the legislature passed HB 2003, which updated the structure of the PDSC and provided it with the ability to respond the to the Sixth Amendment Center’s report. In addition, the legislature funded Oregon’s Office of Public Defense Services while holding back approximately $100 million to be held by the Legislature’s Ways and Means Committee. Interim Director Edward Jones presented to the House Committee on the efforts made by the PDSC to address the requests and guidance from the 2021 legislative session.

Ballot Measure 110

Both the Senate and the House Judiciary Committees received reports on the implementation of Ballot Measure 110. The Senate reports included not only a presentation from the Oregon Judicial Department on the implementation of the ballot measure and statutory changes found in SB 755 (2021), but also presentations from the Oregon Health Authority and the tri-chairs of the Measure 110 Oversight and Accountability Council.

Oregon Judicial Department Grant Request

Last year, the OJD identified conservatorships as a priority under its 2020–2021 Strategic Plan. During the November Legislative Days, the OJD presented to the interim Ways and Means Public Safety Subcommittee its request to apply for an Elder Justice Innovation Grant. The grant funds will be used to conduct a self-assessment of guardianship and conservatorship court monitoring practices across Oregon’s circuit courts. The request was approved retroactively by the full interim Ways and Means Committee.

2022 Potential Legislation

During the House interim Committee on the Judiciary, Representatives Reynolds, Kropf, Sanchez, and Morgan, as well as House Judiciary Chair Bynum, shared possible legislative concepts for the 2022 Legislative Session. Concepts addressed medical liability, restitution, legal services at Coffee Creek Correctional Facility, as well as criminal and civil law placeholders. Additional concepts and draft language will be shared in the coming months. Bill drafts are historically publicly shared by the legislature in January before a short legislative session.

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Board of Governors Adopts 2022 Legislative Priorities and Guidelines

The Oregon State Bar’s Board of Governors (BOG) met from November 18 to 20 for its annual retreat and board meeting. On the agenda of both the Public Affairs Committee and the BOG were proposed 2022 Legislative Priorities and Legislative Guidelines. Both the Public Affairs Committee and the BOG adopted the Legislative Priorities and Guidelines for the upcoming 2022 Legislative Session.

Oregon State Bar
2022 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.
      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 legal aid;
               • Work with Oregon’s legal aid programs and the Campaign for Equal Justice to preserve and increase state funding for legal aid and 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 to obtain adequate resources and commensurate compensation for public defense providers, and support the development of caseload standards that ensure those public defense providers can meet their constitutional and ethical obligations.
      3. Track and engage on 2022 legislation per Oregon State Bar Legislative Guidelines.

OSB Public Affairs Committee
2022 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. 1. 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 the 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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Deadline for 2023 Law Improvement Proposals

Is your section or committee interested in the legislative process? Is there a statutory fix that needs to be made? It may feel like the 2021 legislative session just ended, but it’s time to start planning for the 2023 legislative session. The Oregon State Bar Law Improvement Program is an avenue for Bar sections and committees to participate in the legislative process. Law improvement legislation includes proposals to clarify statutory ambiguities, to modify unforeseen glitches in major legislation passed in previous sessions, and to codify case law as necessary. In 2021, Bar members advocated to provide that Oregon courts should provide full faith and credit to orders and judgments issued by tribal courts, to clarify military and veterans preferences, and to update will retention timelines.

The Public Affairs Committee (PAC) of the Board of Governors oversees the Bar’s legislative activities and establishes priorities on public policy issues important to the legal profession. The PAC, chaired by Katherine Denning, is made up of eight members of the Board of Governors.

If your Bar group intends to propose legislation for the 2023 legislative session, proposals should be submitted to the PAC through the Public Affairs Department by April 1, 2022, for review, approval, and potentially pre-session drafting and filing. Bar legislative activities involve the regulation of the legal profession or the improvement of the quality of legal services available to the people of Oregon.

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House of Delegates to Meet on October 29, 2021

The annual House of Delegates (HOD) meeting provides Oregon lawyers the opportunity to approve increases to annual licensing fees, approve changes to the Oregon Rules of Professional Conduct, modify or rescind actions of the Board of Governors, and direct the Board of Governors in future actions.

This year, the Oregon State Bar’s House of Delegates is scheduled to meet on October 29, 2021. The meeting, and the regional meetings preceding the annual meeting, will be virtual.

Proposed resolutions were due to the Oregon State Bar by September 15, 2021. The HOD agenda with resolutions was published on October 8, 2021, and can be found on the Oregon State Bar’s HOD webpage. This year the HOD has the opportunity to review proposals addressing adequate funding for the Oregon Judicial Department, indigent defense, and civil legal aid; Oregon Rule of Professional Conduct; the bar’s diversity and inclusion assessment; and others.

HOD regional meetings were held on October 12 to 14, 2021. The schedule for these remote meetings can be found here.

For more information on the HOD meeting, the proposed resolutions, and reports from the Board of Governors, please visit the Oregon State Bar’s HOD webpage. If you have any questions, please contact Cassandra Dyke by email at [email protected].

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Oregon Legislature Passes Redistricting Maps in 1st Special Session of 2021

On September 20, 2021, the Oregon Legislature met for the 1st Special Session of 2021 to address its constitutional redistricting requirements.

Unlike the previous redistricting process completed in 2011, the US Census process had determined that Oregon experienced a sufficient increase in population to warrant a new federal congressional seat. Further, because of the delay in U.S. Census results due to the COVID pandemic, the legislature had a significantly shorter timeline to develop, review, and vote on legislative and Congressional maps.

In light of the delay, legislative deadline for adopting the decennial redistricting plan was September 27, 2021. If maps were not adopted by September 27, 2021, the congressional redistricting would be handled by a panel of Oregon judges, and the state legislative redistricting would be handled by Oregon Secretary of State Shemia Fagan.

Three bills were introduced:

• • • • SB 881 – Congressional Redistricting
      • SB 882 – State Legislative Redistricting
      • SCR 31 – Close of Session (Sine die).

The three bills passed the Senate on September 20. However, when the bills moved to the House, there was significant pushback. The House was unable to reach quorum, and further, the Speaker announced that there had been a positive COVID case in the Capitol. With that information, the legislature cancelled the September Legislative Days and went into recess with the plan to return over the weekend.

After negotiations over the weekend, the legislature returned to the Capitol on Monday, September 27, 2021. That morning, the House Special Committee on Congressional Redistricting met to adopt a modified Congressional map found in SB 881A. While the bill passed out of committee on a party-line vote, quorum was reached on the House floor, and both the congressional redistricting bill (SB 881A) and the state legislative redistricting bill (SB 882) successfully passed through the legislative process. Governor Brown signed the bills on the evening of September 27, 2021.

On October 11, 2021, former Secretary of State Bev Clarno, along with three other former elected officials, filed a challenge to SB 881A, the congressional map. This suit will be reviewed by a panel of five judges, each judge from a different Oregon congressional district.

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Uniform Trial Court Rules Committee Meeting

On October 15, 2021, the Uniform Trial Court Rules (UTCR) Committee will meet to discuss proposed UTCR changes. The proposed changes, and a schedule of next year’s meetings, will be posted for public comment on the Oregon Judicial Department (OJD) website.

At the spring 2022 meeting, the UTCR Committee will consider public comment on these UTCR proposals before making final recommendations to the Chief Justice of the Oregon Supreme Court. Final changes to the rules adopted by the Chief Justice will be posted on the OJD website. Any changes to the rules will take effect August 1, 2022.

The committee encourages public participation and comment on all proposals before the committee. Please email your comments, questions, information, and agenda items to [email protected]. The current list of UTCR proposals as well as the statement from OJD can be found here.

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Judicial Updates—Silverlight File and Serve Shutdown on October 11, 2021

Currently, there are two electronic filing sites for Oregon’s circuit courts and the Oregon Tax Court, an “old” Silverlight File & Serve site (https://oregon.tylerhost.net/) and an HTML 5 File & Serve site (https://oregon.tylerhost.net/ofsweb).

Due to the scheduled end of Microsoft technical support and security updates, the “old” Silverlight File & Serve site was taken offline the evening of Monday, October 11, 2021. Once the Silverlight site is offline, any attempts to access the Silverlight site will result in a redirection to the HTML 5 File & Serve site.

If you were using the Silverlight site, the Oregon Judicial Department has provided training and FAQs for the transition to the HTML 5 site.

The main difference between the Silverlight and HTML 5 sites is their appearance. Your login credentials are the same, and all of your information is available on both sites. The HTML 5 site is compatible with most modern browsers (Edge, Chrome, Firefox, Safari).

Below are links to trainings, guides, and FAQs for the HTML 5 site.
HTML 5 site trainings and guides: https://odysseyfileandserve.zendesk.com/hc/en-us/categories/360003801792
HTML 5 site FAQs: https://odysseyfileandserve.zendesk.com/hc/en-us/categories/360003807591

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2021 Redistricting Process Begins

Since 1790, Congress has carried out a census to count every person living in the United States. That count is used to determine representation in the federal House of Representatives and each state legislature.

Results from the 2020 count were due to the Oregon Legislature either one year from the Census Day or April 1, 2021, whichever was later. Under Oregon law, the legislature was required to complete the redistricting process by July 1, 2021. If the legislature was unable to respond to the census data and redraw district lines as needed, the Secretary of State had until August 15, 2021, to do so.

Due to the COVID-19 pandemic, the census data was unfortunately delayed. On April 9, 2021, the Oregon Supreme Court issued an order detailing the schedule in Oregon for redistricting, including a requirement that the legislature complete its redistricting process by September 27, 2021.

Two weeks ago, on August 12, 2021, the census data was released, and this past week the legislature’s redistricting committees (both House and Senate) met to review the data and begin the redistricting process. On September 3, 2021 the legislature’s redistricting committees will release draft maps for public review. Members of the public will have until September 7, 2021 at 5 p.m. to submit map proposals.

Public hearings will be held remotely from September 8 – 13, 2021 to provide Oregonians with an opportunity to share feedback. A legislative special session is expected to be held in September to allow members to vote on the proposal. The legislature has until September 27, 2021, to enact a redistricting plan. The deadline for the Chief Justice of the Oregon Supreme Court to appoint five judge panel for congressional redistricting is September 28, 2021.

For more information on the redistricting process, please go to the Oregon Legislature’s redistricting web page.

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Senate and House Interim Committee Rosters Published

Last week the Oregon Senate and House published the 2021–2022 interim committee assignments for legislators. These lists, which can be found here (House and Senate), include assignments to many of the committees that historically have reviewed bar legislation, including the Senate and House Judiciary Committees and the Ways and Means Public Safety Subcommittee.

Senate Interim Judiciary and Ballot Measure 110 Implementation Committee 
Sen. Floyd Prozanski, Chair
Sen. Kim Thatcher, Vice Chair
Sen. Sara Gelser Blouin
Sen. Dennis Linthicum
Sen. James Manning Jr.
Sen. Dallas Heard
Sen. Michael Dembrow

House Interim Judiciary Committee
Rep. Janelle Bynum, Chair
Rep. Ron Noble, Vice Chair
Rep. Karin Power, Vice Chair
Rep. Maxine Dexter
Rep. Ken Helm
Rep. Jason Kropf
Rep. Rick Lewis
Rep. Lily Morgan
Rep. Kim Wallan
Rep. Marty Wilde

Joint Interim Committee on Ways and Means Interim Subcommittee on Public Safety
Sen. Chris Gorsek, Chair
Sen. Bill Hansell
Sen. Floyd Prozanski
Rep. Janeen Sollman, Co-Chair
Rep. Christine Goodwin
Rep. Dacia Grayber
Rep. Jason Kropf
Rep. Duane Stark

To find the committee assignments for the legally-trained legislators in the Senate and House, click on the name of the legislator below.

Senate

• • • Sen. President Peter Courtney
    • Sen. Betsy Johnson
    • Sen. Kate Lieber
    • Sen. Floyd Prozanski

House

• • • Rep. Ken Helm
    • Rep. Jason Kropf
    • Rep. Karin Power
    • Rep. Dan Rayfield
    • Rep. Kim Wallan
    • Rep. Marty Wilde

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Chief Justice Issues New Chief Justice Order 21-030 and Chief Justice Order 21-031

Over the last few weeks, the Chief Justice has published two Chief Justice Orders (CJOs). The first, CJO 21-030, which went into effect on August 16, 2021, reinstituted face coverings in the Oregon state courts. The CJO includes the following items:

• • • • For judges and staff, protective face coverings are required when not alone in a fully enclosed space, unless a health-related exemption applies.
      • With limited exceptions that apply to proceedings, the public must wear protective face coverings when in a court facility.
      • A presiding judge may issue a presiding judge order that is more restrictive than the provisions of the CJO regarding the required use of protective face coverings.

The second, CJO 21-031, which went into effect on August 19, 2021, modifies the statutory timelines for forcible entry and detainer (FED) proceedings.

Under CJO 21-031, when nonpayment of rent is alleged as a basis for eviction, the date of the first appearance will be 21 days from filing as long as a judge is available. If a judge is not available, the first appearance will be within 28 days of filing. Further, if nonpayment is alleged as a basis for eviction, the trial will be set for a date 20 to 30 days from the first appearance. Finally, an attorney who is representing a party at the first appearance may appear by remote means without filing a motion requiring court approval.

In addition to the changes in the timeline, judges have been requested to help tenants and landlords connect with Oregon’s rental assistance programs. For more information on the Oregon Emergency Rental Assistance Program, please visit the website.

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Oregon State Bar House of Delegates to Meet October 29, 2021

The annual House of Delegates (HOD) meeting provides Oregon lawyers the opportunity to approve increases to annual licensing fees, approve changes to the Oregon Rules of Professional Conduct, modify or rescind actions of the Board of Governors, and direct the Board of Governors in future actions.

This year, the Oregon State Bar’s House of Delegates is scheduled to meet on October 29, 2021. On August 4, 2021, the Oregon State Bar held an orientation meeting (materials can be found here – https://www.osbar.org/_docs/leadership/hod/2021/2021HODOrientation.pdf). The House of Delegates includes 250 members elected from the bar licensees. To meet quorum requirements, at least 126 members will need to participate.

Proposed resolutions are due to the Oregon State Bar by September 14, 2021. The HOD agenda with resolutions will be published on October 8, 2021. HOD regional meetings will be held the week of October 11, 2021.

For more information on the HOD meeting, the proposed resolutions, and reports from the Board of Governors, please visit the Oregon State Bar’s HOD webpage. If you have any questions, please contact Cassandra Dyke by email at [email protected].

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Important Updates from Oregon Judicial Department: eCourt Upgrade and Court Closures

The Oregon Judicial Department (OJD) has several very important updates for attorneys and all other people that interact with Oregon’s circuit courts.

• • • • The Odyssey case management system for Oregon’s circuit courts and the Oregon Tax Court will be offline from Thursday, October 14, 2021, at 5:00 p.m. to Tuesday, October 19, 2021, at 4:00 a.m. for an important upgrade. Online services for Oregon’s circuit courts and the Oregon Tax Court that rely on Odyssey data, including the Oregon eCourt Case Information system (OECI), will also be unavailable during that time. File & Serve and Guide & File will be available in a limited capacity.

• • • • Due to the operational impact of the upgrade, Chief Justice Walters has issued a Chief Justice Order (CJO), CJO 21-024, closing all statewide courts on Friday, October 15, 2021 — including all circuit courts, the Oregon Tax Court, the Court of Appeals, and the Supreme Court. Among other things, the order cites ORS 174.120(2)(c), which extends the statutory time limitation for any filing due on a day when courts are closed by order of the Chief Justice. CJO 21-024 can be found here: https://www.courts.oregon.gov/Documents/CJO_2021-024.pdf.

Court Closures on Friday, October 15, 2021

Oregon’s circuit courts, the Oregon Tax Court, the Court of Appeals, and the Supreme Court will be closed on Friday, October 15, 2021, so that the case management system used by the circuit courts and Tax Court, Odyssey, can be upgraded. Those courts use Odyssey to create cases, enter case events on registers of actions, store documents, and schedule hearings.

Please note that many circuit courts and the Oregon Tax Court also plan to limit the types of hearings that will be heard on Monday, October 18, 2021, because they will not have access to the case records stored in Odyssey until 4:00 a.m. on Tuesday, October 19, 2021.

Online Services for Oregon’s circuit courts and the Oregon Tax Court, including OECI, will be unavailable from October 14, 2021, at 5:00 p.m. to October 19, 2021, at 4:00 a.m.

Odyssey will go offline on Thursday, October 14, 2021, at 5:00 p.m. and is scheduled to be back online by Tuesday, October 19, 2021, at 4:00 a.m. During that time, the following online services for Oregon’s circuit courts and the Oregon Tax Court will be offline because they require Odyssey data to function:

• • • • Online Records and Calendar Search
      • Oregon eCourt Case Information (OECI)
      • Public Kiosks
      • OJCIN Online Bill Pay
      • ePayment
      • eCitation
      • Electronic Violations Bureau (eCVB)
      • Online Juror Response Forms
      • All existing reports and integrations

The upgrade will not affect Oregon’s appellate court systems, including appellate eFiling.

File & Serve and Guide & File will be available in a limited capacity from October 14, 2021, at 5:00 p.m. to October 19, 2021, at 4:00 a.m.

Courts will not be able to accept submitted documents or process fees, but filers will be able to create and submit envelopes for new cases and any other case that has previously been uploaded into File & Serve. To ensure that you have access to a particular case during this time, you can create an envelope for the case before the upgrade begins.

Due to staff training and other upgrade preparations, the circuit courts and the Oregon Tax Court may take more time to review electronically filed documents in the weeks leading up to the upgrade. If you have a hearing on Monday, October 18, or Tuesday, October 19, it is highly recommended that you submit any documents you want the court to review by Monday, October 11, to ensure the court has access to them before your hearing.

If you have any questions, please reach out to [email protected].

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End-of-Session Bills Bring Additional Funding for the Oregon Judicial Department

On June 26, 2021, after 159 days, the Oregon Legislature completed its legislative duties one day before the constitutional deadline. This year ended with significant state and federal funding for projects throughout Oregon, including additional funding for the Oregon Judicial Department.

Two end-of-session bills, House Bill 5006 and House Bill 3011, provided funding and the requisite statutory changes to programs throughout Oregon. Some of these projects were legislative priorities, and some projects and programs received funding at the direction of a local legislator. Federal funding from the American Rescue Plan Act (ARPA) was sent to the Department of Corrections, for water and sewer infrastructure projects, and for broadband access, to name just a few. State funding was used for wildfire recovery, behavioral health, and seismic rehabilitation, among other projects. Additional funds were earmarked for the following purposes:

Deschutes County receives funding for two new judicial seats

In addition to the statewide funding, the Oregon Judicial Department received funding for two new judicial seats and staff in Deschutes County. Over the last decade, the Oregon Judicial Department has requested additional judicial seats each session in different parts of the state. This year, with the growing population in the Bend area, Deschutes County was prioritized. The positions will begin on January 1, 2022.

County courthouses receive funding in Benton, Linn, Crook, and Clackamas Counties

Since the 2011 legislative session, the Oregon Judicial Department and the Oregon Legislature have worked together to rehabilitate, update, and replace courthouses throughout the state. This biennium, the legislature provided bonding authority and a state match for four counties to move forward with their courthouse plans:

• • • Benton County: $20.7 million
    • Linn County: $16 million
    • Crook County: $11.8 million
    • Clackamas County: $1

The Legislature has requested that the Oregon Judicial Department, along with Clackamas County, return before the 2022 Legislative Session to report on the “design, build, finance, operation, and maintenance public-private partnership (P3) agreement(s) for the Clackamas County Courthouse.” HB 5006 Preliminary Budget Report, p. 60 (6/29/2021).

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Senate Bill 278 Provides Eviction Safe Harbor and Additional Compensation for Landlords

On Friday, June 25, 2021, the Governor signed Senate Bill 278 to ensure that tenants who had applied for the Oregon Emergency Rental Assistance Program (OERAP), but had not yet been approved, would be able to benefit from federal funding released in May.

The OERAP provides up to 12 months of rent to those that qualify. This funding may all be used for back rent or split between back rent and up to three months’ rent going forward. Under SB 278, tenants who have applied for the program may submit proof they have applied for OERAP to the landlord, and the landlord must hold off on the eviction process for an additional 60 days.

In addition, under SB 278 the amount of reimbursement for landlords under the Landlord Compensation Fund was increased from 80 percent to 100 percent. Landlords who have already applied to the Landlord Compensation Fund will not have to reapply for the increase in funding.

On June 24, 2021, the Oregon State Bar presented a webinar for the public entitled “Housing Law and COVID-19 in Oregon: An Update on Eviction Moratoriums, Financial Assistance, and Legal Services”. For more information on the services available to the public, please visit the Landlord and Tenant Law page on the Oregon State Bar’s public information page.

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New Chief Justice Order No. 21-025 to Update Court Operations Guidance

Chief Justice Martha Walters issued a new Chief Justice Order, CJO 21-025, effective June 30, 2021, which sets out updated provisions on court operations and supersedes earlier COVID-related orders and updates.

The new order:

• • • Lifts earlier social distancing restrictions, except that Presiding Judges (PJs) and others may exercise authority to impose restrictions in particular circumstances.
    • Lifts earlier protective face covering requirements, without regard to vaccination status, except (1) in correctional settings; and (2) when the PJ exercises authority to be consistent with more restrictive county requirements, to protect public health and safety, or otherwise in particular circumstances. Any person who chooses to do so may continue to wear a protective face covering while in a court facility (with narrow, continuing exceptions in which a person may be directed to remove a face covering while in a proceeding).
    • Provides that proceedings may be conducted in-person or by remote means, as determined by the PJ.
    • Continues time extensions, as follows: Scheduling first appearances and trials in Forcible Entry and Detainer (FED) proceedings remains extended (to 14 days and 30 days respectively); various deadlines pertaining to Driving Under the Influence of Intoxicants (DUII) Diversions continue to be extended, but most of those extensions now end as of September 7, 2021; and time to file various tax appeals remains extended.
    • Withdraws other pre-existing restrictions from the last operations order, CJO 21-009 (now superseded).

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How a Bill Becomes a Law

On Saturday, June 26, 2021, the House and Senate adjourned sine die and the legislative session closed. After the legislature adjourns, there are still a few steps each piece of legislation needs to complete.

Governor’s Signature. During the legislative session, the Governor has five days (including holidays but excluding weekends) to veto whole bills or “single items in appropriation bills.” Or Const, Art V, §§ 15a, 15b(3). For bills that are passed in the last five days of session, the Governor has 30 days (including holidays but excluding weekends) to veto a bill. A bill may pass without the Governor’s signature. If the 30 days have passed and the Governor has not vetoed the bill, it is presumed signed. Or Const, Art V, § 15b(3). This year the Governor has until August 7, 2021, to issue a veto.

Effective Date. In Oregon, the default effective date for a bill is January 1 of the following year. ORS 171.022. See generally Or Const, Art IV, § 28. This session, a bill without a specifically noted effective date in the text of the legislation will have an effective date of January 1, 2022.

Some bills, many of them from the legislature’s budget committee, the Joint Ways and Means Committee, will have an emergency clause. An emergency clause makes the bill effective upon passage, that is, when either the Governor proactively signs the bill or either 5 or 30 days have passed and the bill was not vetoed.

Other bills, for example, bills that raise revenue, can have an effective date of 91 days after sine die. This year, 91 days after sine die is September 25, 2021.

The fourth option is to have a specific effective date identified within the text of the bill. In some circumstances, different sections of a bill will have different effective dates. Also, some bills will have both an effective date and an operative date. In many circumstances, this is used to allow state agencies the opportunity to develop administrative rules.

Resources. Information on a bill can be found in the Oregon Legislative Information System. For bills passed during the 2021 Legislative Session, click on the “Bills” icon in the upper right hand corner and enter the bill number. For a quick analysis of legislation tracked by the Oregon State Bar, look for the 2021 issue of Legislation Highlights, which will be published this fall.

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