Capitol Insider

Budget Process Begins for Oregon Judicial Department

With the release of the Governor’s budget priorities and the Ways and Means budget priorities, the 2021–2023 budget process is underway. Over the next three months, the Ways and Means Subcommittees will be holding public hearings and work sessions as they craft agency and commission budgets, as well as the Oregon Judicial Department’s budget, to fund the next two years.

The Oregon Judicial Department proposed budget will receive its first of at least three public hearings in the Ways and Means Subcommittee on Public Safety on April 7, 2021. The first two days of hearings will focus on the proposed budget. This is an opportunity for the Oregon Judicial Department to discuss its current service level budget, the challenges it expects to face in the upcoming biennium, and its strategic plan and policy goals. Legislators will have an opportunity to ask questions and request additional information. On the third day of testimony, there will be an opportunity for the public to provide testimony on the proposed budget.

This year, for the first time, state funding for civil legal services is included in the Oregon Judicial Department’s budget as a pass-through to the Oregon State Bar’s Legal Services Program. The Oregon Law Commission and the Council on Court Procedures also receive pass-through funding from the Oregon Judicial Department.

The Oregon Judicial Department’s strategic campaign commitments for the 2021–2023 biennium, reflected in the policy proposals housed in the budget, are:

1. 1. 1. Improve services and outcomes for people who are underserved, vulnerable, or marginalized.
      2. Eliminate barriers to access to justice by simplifying and streamlining processes and forms, enhancing service options, leveraging technology, improving interpreter services, and keeping courts open, safe, and secure.
      3. Enhance the public’s trust and confidence in Oregon’s state government by listening and responding to the needs of those we serve, holding ourselves to high standards, and communicating the role of our courts in providing justice for all.
      4. Create a workplace and courthouse culture that is supportive, inclusive, welcoming, and affirming; that embraces diversity; and where all people can thrive and are treated with respect and dignity.

The Public Defense Services Commission will also go through the legislature’s budget process. Its first budget hearing has not been scheduled.

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Public Records and Public Meetings Bills of Interest

This session, public records and public meetings bills are being considered in a number of committees. Three of the bills that have received public hearings are:

• • • HB 2478 – Maintains indefinitely exemption from required disclosure of public records that are subject to lawyer-client privilege and public records exemption for privileged information.
    • HB 2485 – Requires state agencies to reduce public records request fees by 50 percent if request is made in public interest, and requires state agencies to entirely waive fees if public records request is in public interest and narrowly tailored.
    • SB 666 – Modifies public meeting notice requirements for meetings held in executive session.

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Legislative Deadlines 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 19, 2021, and the deadline for voting a bill out of committee is April 13, 2021. Those bills, with a few exceptions identified below, that have not been scheduled by March 19 and moved out of committee by April 13 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 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 one of the 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.

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Oregon State Bar Bills Move Out of Committee

This week, four Oregon State Bar bills moved out of committee and to the Senate floor. Because the Senate will begin holding floor sessions three days a week beginning April 5, 2021. they are expected to receive floor votes at the end of next week or the beginning of the following week.

• • • Senate Bill 180 – Requires insurer to notify claimant upon paying $5,000 or more to settle third-party liability claim if claimant is natural person and if insurer or insurer’s agent or other representative, including insurer’s attorney, delivers payment to claimant or to claimant’s attorney, agent or other representative by draft, check or other form of payment. The bill was amended and voted out of committee.
    • Senate Bill 183 – Provides procedure for recognition and enforcement of orders and judgments of tribal courts in courts of this state. The bill was amended and voted out of committee.
    • Senate Bill 768 – Modifies provisions relating to attorneys. The bill was amended and voted out of committee.
    • Senate Bill 829 – Clarifies rights of possession of real property following execution sales. The bill passed out of the committee without amendment.

Thank you to all of the bar volunteers who worked so hard to develop and pass these bills.

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Oregon State President David Wade testifies to House and Senate Judiciary Committees

During the opening month of the Oregon Legislature, Oregon State Bar President David Wade and OSB General Counsel Amber Hollister presented an overview of the Oregon State Bar and its work to protect the public to the Senate Committee on Judiciary and Ballot Measure 110 Implementation and the House Judiciary Committee’s Subcommittee on Civil Law. OSB President Wade and Ms. Hollister provided an overview of the bar’s regulatory function, its mission to protect the public, and the public services the bar provides, and answered questions.

Additionally, the current and former chairs of the Oregon Board of Bar Examiners, Joanna Perini-Abbot and the Hon. Angela Lucero respectively, testified along with Mr. Wade and Ms. Hollister to the House Judiciary Committee’s Subcommittee on Civil Law about the Oregon bar exam and the Oregon State Bar. The written testimony is posted here.

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Oregon State Bar Bills Pass the Senate

On March 11, 2021, the Senate voted on three proposals from the Oregon State Bar’s Law Improvement Program: the OSB Consumer Law Section bill (SB 181), the OSB Estate Planning and Administration Section bill (SB 182), and the OSB Nonprofit Law Section bill (SB 185), All three bills passed the Senate and are now on the Speaker’s desk awaiting assignment to a House Committee.

In addition, SB 184, a proposal from the OSB Military and Veterans Law Section, passed the Senate and has been assigned to the House Committee on Business and Labor for consideration. Thank you to the section members for volunteering your time and expertise!

• • • Senate Bill 181 – Directs court to consider, in determining amount of award of attorney fees, whether attorney performed services on pro bono basis or award of attorney fees otherwise promotes access to justice.
    • Senate Bill 182 – Terminates authority of spouse as agent under certain estate planning documents upon annulment, separation or dissolution of marriage.
    • Senate Bill 184 – Modifies laws relating to preference given to veterans in public employment.
    • Senate Bill 185 – Specifies circumstances under which members of nonprofit corporation and board of directors of nonprofit corporation may discuss issues or take action by electronic means without meeting.

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How a Remote Legislative Session Works

Due to the COVID-19 pandemic, the 2021 Legislative Session began remotely. A remote legislative session means that legislators, like many Oregonians, are primarily working from their homes and local communities. Committee meetings are held via video conferencing, and meetings with constituents, stakeholders, and other legislators are hosted either via phone or video conferencing. For those who travel to Salem to testify, there is an outdoor kiosk with a video connection set up to allow people to testify at the Capitol.

Committee hearings are hosted on Microsoft Teams and then broadcast through the Oregon Legislative Information System (OLIS). To find a specific bill, view an agenda, or watch a hearing, go to the 2021 Legislative Session link in OLIS.

Beginning in January, legislators traveled from their home counties to Salem for floor sessions. For the first month or so of the legislative session, floor sessions were scheduled primarily to introduce proposed legislation. As of March 1, 2021, the House and Senate chambers began to meet twice a week to vote on bills on the House and Senate floor, in addition to introducing proposed legislation.

For more information on the legislative schedule and internal deadlines, visit the Secretary of the Senate’s web page.

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Bills of Interest

This legislative session, close to 2,500 bills have been introduced so far, and more are expected. Below are a few bills that may be of interest to practitioners.

• • • HB 2009 – Establishes temporary limitations on lenders’ remedies for borrowers’ failures to make payments on obligations secured by mortgages, trust deeds or land sale contracts for certain real property.
    • HB 2176 – Eliminates minimum amount of fee added to judgment that includes monetary obligation that court or judicial branch is charged with collecting.
    • HB 2998 – Provides that party or attorney may not move to disqualify judge in judicial district with three or fewer circuit court judges.
    • HB 3230 – Establishes universal representation program in Oregon Department of Administrative Services.
    • HB 5012 – Appropriates moneys from General Fund to Judicial Department for certain biennial expenses.
    • SB 513 – Requires student to demonstrate proficiency in civics in order to receive high school diploma.
    • SB 765 – Makes permanent provisions allowing notary public to perform notarial act using communication technology for remotely located individual under certain circumstances.

For a comprehensive list of introduced list, 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.

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Chief Justice Order 21-009 released on March 11, 2021

Last week Chief Justice Martha Walters released Chief Justice Order (CJO) 21-009 and a letter to the public. This new CJO replaces CJO 20-016 (restrictions on court operations) and CJO 20-047 (Amended) (additional restrictions during “freeze”).

The CJO addresses and updates court functions to address the COVID-19 pandemic. In the last year, the Oregon Judicial Department has responded to the pandemic by expanding virtual access to the court system as well as following health and safety guidelines. However, many of the situations that were crucial to limit in March of 2020 are now options due to a greater understanding of the virus and a decreasing case count in March of 2021. The CJO addresses and provides guidance to the court system and its stakeholders until the court can lift social distancing requirements.

On March 15, 2021, Chief Justice Walters hosted “Courts, COVID, and Moving Forward,” a virtual CLE that addressed the changes to court processes. To review the materials from the CLE, click here.

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Oregon Legislature Convenes its 81^st Legislative Assembly on January 11, 2021

On January 11, 2021, the Senate President and Speaker of the House opened the 81st legislative assembly for organizational days. Ninety legislators were sworn in. During the first day, legislators voted to adopt chamber rules, and pre-session-filed bills were formally introduced. Bills that were pre-session filed are available for public review on the Oregon Legislative Information System (OLIS). The Legislative Session will begin on January 19, 2021.

This year, the legislature is expected to address a number of complicated budgetary and policy issues that will affect the practice of law. Topics of interest include Ballot Measure 110, adequate funding for the courts, civil legal services and indigent defense, tort liability, equitable policing, aid and assist, fines and fees, emergency powers, and a host of other issues.

In response to the COVID-19 pandemic, the legislature will begin the session remotely. Public hearings in both chambers will be over videoconference. In response to the unique challenges of a remote legislative process, the public record will be extended for 24 hours after the start of each public hearing to allow for the submission of comments, support, and opposition. For more information on the legislative process, please see below.

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Oregon State Bar and the Legislative Process

Public Affairs is available to assist all Oregon State Bar sections and committees to track proposed legislation. If a section or committee identifies specific bills to follow, please contact Kellie Baumann 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 will review all proposed legislation and refer specific bills to groups that may be interested in the subject. Throughout the session, a section or committee’s legislative contact will likely receive periodic emails from Public Affairs notifying him or her of bills that might interest the group.

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

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

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Oregon House and Senate Announce Committee Assignments for the 2021 Legislative Session

Over the last week the Speaker of the House and Senate President have each released committee assignments for the 2021 Legislative Session. House committee appointments can be found here and Senate committee appointments can be found here.

In both the House and the Senate, some changes have been made in to the Judiciary Committees.

House Judiciary Committee. This session, not only will the House have a Judiciary Committee, the speaker also created two subcommittees, a Subcommittee on Civil Law and a Subcommittee on Equitable Policing.

House 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

House Subcommittee on Civil Law

Rep. Karin Power, Chair
Rep. Kim Wallan, Vice Chair
Rep. Ken Helm 
Rep. Jason Kropf
Rep. Lily Morgan

House Subcommittee on Equitable Policing

Rep. Janelle Bynum, Chair
Rep. Ron Noble, Vice Chair
Rep. Maxine Dexter
Rep. Rick Lewis
Rep. Marty Wilde

Senate Judiciary Committee and Ballot Measure 110 Implementation.

This session, the Senate Judiciary Committee has been specifically tasked with Ballot Measure 100 implementation. Ballot Measure 110, which passed this past November, decriminalizes certain drug crimes and redirects funding to prevention and social services.

Sen. Floyd Prozanski, Chair
Sen. Kim Thatcher, Vice Chair
Sen. Sara Gelser
Sen. Dennis Linthicum
Sen. James Manning, Jr.
Sen. Dallas Heard
Sen. Michael Dembrow

Ways and Means Committee – Public Safety Subcommittee

Sen. Chris Gorsek, Co-Chair
Rep. Janeen Sollman, Co-Chair
Sen. Bill Hansell
Sen. Floyd Prozanski
Rep. Dacia Grayber
Rep. Jason Kropf
Rep. Gary Leif
Rep. Duane Stark

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Final Special Session of 2020 completed in late December

On December 21, 2020, the legislature met for its third and final special session of 2020. Public hearings were held prior to the special session on December 17, and December 19, 2020, to allow members of the public to testify virtually and submit written materials regarding the proposals considered. To review the public testimony and materials from the public hearings, please go here .

The Joint Committee on the Third Special Session of 2020 considered six policy and budgetary proposals. Five of the six proposals passed out of committee and passed both chambers to be signed by the Governor.

• • • HB 4401 – Eviction moratorium and landlord assistance fund
    • HB 4402 – School liability protection
    • SB 1801 – Restaurant package
    • SB 1803 – Healthcare liability protection (did not pass out of committee)
    • SB 5731 – Transfer of state funds to the Emergency Board for COVID-19 and wildfire costs
    • SCR 231 – Adjournment

While SB 1803 did not move out of committee, the issue of healthcare liability, as well as general business liability, is expected to be discussed further during the 2021 Legislative Session.

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New Database for Chief Justice and Supreme Court Orders

The State of Oregon Law Library (SOLL) has launched a new searchable and publicly available database for Chief Justice Orders and Supreme Court Orders (non-case related). Searches can include text or metadata, such as order number, subject, and description. The database currently includes all orders from 2019 and 2020, and will include new orders going forward. Older orders are being added based on resource availability. The orders are posted as PDFs at this link: https://cdm17027.contentdm.oclc.org/digital/collection/p17027coll10.

For more information, contact Amanda Duke at SOLL: [email protected].

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3rd Special Session Scheduled for the end of December

This week, Governor Brown announced that she was calling a third special session. Public Hearings will be held on Thursday, December 17, 2020 and Saturday December 19, 2020. The Third Special Session is scheduled to last one day and will open on December 21, 2020.

The legislature, through the Joint Interim Committee On The Third Special Session of 2020 is expecting to address four pieces of proposed legislation. These are:

• • • LC 10 – Restaurant package
    • LC 18 – Evictions moratorium and landlord assistance fund
    • LC 21 – School liability protection
    • LC 28 – Transfer of state funds to the Emergency Board for COVID-19 and wildfire costs

Information on the legislative proposals and supporting materials can be found on OLIS under the meeting materials tag for each scheduled public meeting.

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House and Senate Legislative Days Extended to Two Weeks in December

This December, the Oregon House and Senate have extended legislative days from three days to two weeks. This has allowed committees to meet for longer periods of time and provide a greater opportunity for questions and discussion. The Senate committees and some joint committees met the week of December 7, 2020. The House committees and the remaining joint committees are scheduled to meet the week of December 14, 2020. For video access and written materials, go to the Oregon Legislature’s website at: https://www.oregonlegislature.gov/Pages/CommDays.aspx.

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House and Senate Interim Judiciary Committees Meet Remotely

On December 10, 2020, the Oregon Senate and House Interim Judiciary Committees met jointly in a public remote hearing. The two committees heard invited testimony on a variety of issues, and the Senate Interim Judiciary Committee pre-session filed a number of legislative concepts for the 2021 legislative session. Video and audio of the hearing can be found here: : https://olis.oregonlegislature.gov/liz/mediaplayer/?clientID=4879615486&eventID=2020121051.

Discussion topics included:

Court Operations in COVID from the Oregon Judicial Department. Walters from the Oregon Supreme Court, Judge Melvin Oden-Orr from the Multnomah County Circuit Court, and Valerie Colas and Nancy Cozine from the Oregon Judicial Department testified on the courts’ response to the COVID-19 pandemic. The speakers focused on the courts’ response to COVID-19; equity, diversity, and inclusion; the use of technology to provide court access; and OJD’s strategic plan. For additional information, the Oregon Judicial Department’s presentation can be found here: https://olis.oregonlegislature.gov/liz/2019I1/Downloads/CommitteeMeetingDocument/227307.

Oregon Youth Authority Sexual Assault Reporting Update. The Director of the Oregon Youth Authority (OYA), Joe O’Leary, presented to the House and Senate Interim Judiciary Committees regarding the 2018 National Survey of Youth in Custody. The original report identified two youth facilities where there were initial reports of abuse. The December presentation was a follow-up on a presentation that Mr. O’Leary provided the committees in January of 2020, discussing the steps OYA had taken to clarify and identify the problem, protect the youth in custody, and gain more detailed information from the Bureau of Justice Statistics. Materials from the most recent presentation can be found here: https://olis.oregonlegislature.gov/liz/2019I1/Committees/SJUD/2020-01-15-14-00/MeetingMaterials.

Public Safety Task Force Report on Pretrial Release Reform. Ken Sanchagrin, the Interim Executive Director of the Oregon Criminal Justice Commission (CJC), and Bridget Budbill, formerly of the CJC and now the Legislative Director for the Office of Public Defense Services, presented to the committee on work done by the Public Safety Task Force and the CJC in response to HB 2238 (2017). The bill tasked the Task Force and the CJC with exploring security release in Oregon with a focus on racial and ethnic disparity in pretrial incarceration. The presentation can be found here: https://olis.oregonlegislature.gov/liz/2019I1/Downloads/CommitteeMeetingDocument/227331.

Ballot Measure 110 Overview. Legislative Research Policy and Legislative Fiscal staff provided an overview of Measure 110, passed by Oregon voters in November 2020. Measure 110 decriminalizes possession of some types and amounts of controlled substances and directs costs savings towards treatment programs. Staff discussed the Governor’s Proposed Budget for 2021–2023, which would delay the implementation of Measure 110 to July 1, 2022, to minimize the budget impact of the initiative. Measure 110 is expected to be reviewed for policy and budget implications during the 2021 Legislative Session.

Cannabis Equity Act Overview. Representative Akasha Lawrence Spence (D – Portland), Jeannette Ward Horton (Executive Director of the NuLeaf Project), and Geoff Sugerman (Chief Compliance Officer of Groundworks Industries and a board member of the NuLeaf Project) presented on the proposed Oregon Cannabis Equity Act. The Oregon Cannabis Equity Act would encourage Black, Indigenous, and Latinx persons to invest and engage in Oregon’s cannabis industry as well as create a process to expunge eligible cannabis crimes, and would provide community investment dollars to mitigate Black, Indigenous, and Latinx community-health and education inequities. Legislation will be introduced during the 2021 legislative session.

Advance Directive Work Group Report. During the 2018 session, the Oregon Legislature passed HB 4135, which updated Oregon’s Advance Directive form and directed a work group to update other aspects of the form in preparation for the 2021 legislative session. The work group, including lawyers Stephanie Carter, Christopher Hamilton, and Mike Schmidt, who provided legal and technical expertise, submitted proposed language to the Judiciary Committees for consideration and review.

Joint Committee on Transparent Policing and Use of Force Reform Work Summary and Transition. Senator James Manning (D – Eugene) and House Judiciary Chair Representative Janelle Bynum (D – Happy Valley) provided an update on the Joint Committee on Transparent Policing and Use of Force. The committee provided a final report on its work and shared a number of legislative concepts.

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Oregon State Bar Bills Pre-Session Filed for 2021 Legislative Session

During the Joint House and Senate Interim Judiciary Committees meeting, seven Oregon State Bar law improvement legislative concepts were introduced for pre-session filing through the Senate. 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.

This year proposals were submitted by the Oregon State Bar Board of Governors, the Consumer Law Section, the Estate Planning & Administration Section, the Indian Law Section, the Military and Veterans Law Section, and the Nonprofit Organizations Law Section. For additional information on the proposals, please visit the Oregon State Bar’s Public Affairs webpage: https://publicaffairs.osbar.org/2021-law-improvement-package/

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Racially Restrictive Covenant Forms Finalized and Posted by the Oregon Judicial Department

In October a work group made of legislators, lawyers, and a representative from the Oregon Judicial Department reported on efforts to implement House Bill 4134 (2018) to the Senate Interim Housing Committee. The bill allowed for the creation of a procedure for removal of discriminatory restrictions on the use of real property by reason of race, color, religion, sex, sexual orientation, national origin, or disability. A judgment resulting from this process will reaffirm that such restrictions are null and void under Oregon law.

After review of the language, the Oregon Judicial Department has approved the statewide forms for removing discriminatory restrictive covenants under ORS 93.274. The packet is now available in the OJD online forms center (under “civil” forms, at www.courts.oregon.gov/forms).

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Request for Public Comment from the Oregon Judicial Department

The Uniform Trial Court Rules committee met on October 2, 2020, to review proposals to amend the UTCR and to make preliminary recommendations to the Chief Justice of the Oregon Supreme Court. Following the fall meeting, the Chief Justice approved some amendments to the UTCR out-of-cycle. A description of the proposals, out-of-cycle amendments, and action taken by the committee is posted at: https://www.courts.oregon.gov/programs/utcr/pages/currentrules.aspx.

Proposals and out-of-cycle amendments of special note prohibit attorney logos, watermarks, or similar images from appearing on pleadings, motions, orders, judgments, or writs; exempt a proposed order allowing a motion for attorney withdrawal from the early service requirement in 5.100(1); create requirements for captions in probate and protective proceedings; adopt new rules governing juvenile dependency cases; and repeal the UTCR Forms Appendix.

The committee encourages all interested parties to submit comments on the proposals and out-of-cycle amendments. Comments may be:

• • • posted at the web address mentioned above,
    • mailed to the UTCR Reporter at the Office of the State Court Administrator, Supreme Court Building, 1163 State Street, Salem, Oregon 97301, or
    • emailed to [email protected].

In order to be considered by the committee, we must receive your public comment by 5:00 p.m. on February 12, 2021.

The committee will make final recommendations on these proposals at the next UTCR meeting on March 5, 2021. Those proposals approved by the Chief Justice will become effective August 1, 2021.

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Election Results 2020: Legally Trained Legislators and Statewide Officials

This election cycle, a number of legally trained candidates successfully ran for office. In the State Senate, Senator-elect Kate Lieber (Beaverton/Aloha) will join Senate President Peter Courtney (Salem), Senator Betsy Johnson (NW Oregon), and Senator Floyd Prozanski (Lane County) in January. Senator-elect Lieber replaces Senator Mark Hass who will have been a member of the legislature for 20 years when he steps down.

Senator Shemia Fagan (SE Portland/Milwaukie) will be leaving the legislature as she moves on to her next challenge as the newly elected Secretary of State. Congratulations to Senator-elect Lieber and Secretary of State-elect Fagan and thank you to all of the legally trained senators.

Senator Courtney is expected to continue in his role as Senate President. A vote of the chamber will occur in January. In addition, Senator-elect Lieber was voted in as a Senate Assistant Majority Leader. The chamber will remain split between Democrats and Republicans at 18-12.

In the House of Representatives, one new legally trained legislator, Jason Kropf (Bend), will be joining in January. Representative-elect Kropf will be replacing Representative Cheri Helt. He will join Representative Ken Helm (NE Washington County), Representative Karin Power (Milwaukie), Representative Dan Rayfield (Corvallis), Representative Kim Wallan (Medford), and Representative Marty Wilde (Eugene), who all won their reelection campaigns this year. Congratulations to all!

Representative Rayfield is expected to continue in his role as Co-Chair of the Joint Ways and Means Committee, and Representative Wallan is the House Republican Whip. In the House, the chamber is now split 36-25 with one remaining race expected to go to a recount.

In addition to the changes in the legislature, four statewide or federal legally trained officials were elected. As mentioned above, Secretary of State-elect Fagan will move from the Senate to the Office of the Secretary of State. In addition, former State Senator Cliff Bentz, who resigned from the Senate in January 2020, will be headed to Washington, DC, to represent Oregon’s Second Congressional District. Congressman Greg Walden, who has served in this role for many years, is retiring. Congratulations to Congressman-elect Bentz. In addition, Attorney General Ellen Rosenblum and Congresswoman Suzanne Bonamici also won reelection this year.

Thank you to all of the legally trained candidates who ran this year.

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Board of Governors Approves Proposals for Submission to 2021 Legislature

On November 20, 2020, the Oregon State Bar’s Board of Governors and its Public Affairs Committee met remotely to consider the proposed 2021 law improvement package. After discussion in both the committee and the full board, 10 proposals will be submitted to the Oregon State Legislature for consideration during the 2021 legislative session.

This year the following sections and committees will be submitting legislation for consideration:

• • • The Oregon State Bar Board of Governors
    • The Oregon State Bar Consumer Law Section
    • The Council on Court Procedures
    • The Oregon State Bar Debtor-Creditor Section
    • The Oregon State Bar Estate Planning & Administration Section
    • The Oregon State Bar Indian Law Section
    • The Oregon State Bar Military and Veterans Law Section
    • The Oregon State Bar Nonprofit Organizations Law Section

To view a list of proposals, please visit the Oregon State Bar Public Affairs Department web page.

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Chief Justice Walters Releases Guidance in Response to Increasing Spread of COVID-19

On November 17, 2020, Chief Justice Walters issued Chief Justice Order (CJO) 20-047, which encourages remote proceedings and imposes restrictions on in-person court operations during this time of increased spread of the COVID-19 virus. The CJO is effective on November 19, 2020, and will continue through at least December 4, and until further order; it is available here.

In simple terms, CJO 20-047 provides:

• • • Courts may conduct any proceedings or operations they determine are appropriate as long they do so by entirely remote means—meaning that case participants appear by remote means and not in the courtroom
    • Circuit courts may conduct specified proceedings in person, including criminal trials subject to speedy-trial requirements, other criminal jury trials if the presiding judge approves on a case-by-case basis, juvenile delinquency adjudications, and Category 1 and Category 2 proceedings (set out in the order). Courts are encouraged, however, to use remote means if reasonably feasible and permitted by law, even when an in-person proceeding is allowed.
    • A presiding judge may, in certain specified circumstances, on a case-by case basis, permit a particular proceeding to be conducted in person.

The CJO reflects the Oregon Judicial Department’s (OJD) advances to date in conducting remote proceedings statewide. OJD is currently reviewing the recommendations from individual Bar members and the workgroups the court formed. Please continue to communicate with OJD through [email protected], as Oregonians work together to improve court access through remote means during the pandemic and beyond.

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Oregon Council on Court Procedures Requests Public Comment

The Oregon Council on Court Procedures has requested public comment on this biennium’s proposed revisions to the Oregon Rules of Civil Procedure. This year, they have drafted proposed changes to ORCPs 15, 21, 27, 31 and 55. The Council will meet December 12th to vote on which rules to promulgate. These rule changes will be submitted to the Oregon legislature, and absent legislative action would take effect January 1, 2022.

Council staff have requested that comments be submitted by December 7th. If you would like to see the proposed rules or make comments, please visit the Council’s website at:  https://counciloncourtprocedures.org/proposed-amendments-to-the-orcp/

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Return of CLEs at the Capitol

After a break in 2020 due to the COVID-19 pandemic, the Senate Interim Judiciary Committee and the Oregon State Bar are pleased to present a virtual CLE at the Capitol in early 2021. Additional information will be shared as dates are finalized.

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Senate and House Interim Judiciary Committees Meet during Legislative Days

On September 25, 2020, the House and Senate Interim Judiciary Committees met remotely during Legislative Days for an informational hearing. Legislators heard from Oregon’s Attorney General, the Director of Corrections, legislators, and stakeholders on a variety of topics over the three-hour meeting. To watch the hearing or review the written materials, go to the Oregon Legislature’s website.

• • • • • Oregon Attorney General Consumer Privacy Task Force. Attorney General Ellen Rosenblum reported to the committee members on the work done by the Consumer Privacy Task Force. Two bill drafts are in the process of being written, which will be shared once they are returned to the work group.
        • Senate Medical Liability Work Group. Representatives from the Oregon Medical Association, the Oregon Association of Hospitals and Health Systems, and the Oregon Trial Lawyers Association testified about COVID-19 medical liability.
        • House Liability Work Group. Representative Karin Power (D-Milwaukie) reported on the discussions of the House Liability Work Group. While the group, made up of consumer protection advocates and members of the business community, did not come up with consensus language, they were able to discuss many of the COVID-19 issues facing businesses and community members.
        • Re*Membering Program and Access to Adults in Custody during COVID. Julia Yoshimoto from the Oregon Justice Resource Center Women’s Justice Project and Collette Peters from the Oregon Department of Corrections testified regarding lawyer access to inmates through the Re*Membering Program at Coffee Creek Correctional Facility.
        • Oregon Department of Corrections Update on Adults in Custody and COVID-Related Accelerated Release. Collette Peters from the Oregon Department of Corrections reported on the release program.

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Work Group Develops Forms to Address Racially Restrictive Covenants

On Tuesday, September 22, 2020, Representative Julie Fahey (D-Eugene), Pat Ihnat (former chair of the OSB Real Estate and Land Use Section), and Erin Pettigrew (Oregon Judicial Department) testified to the Senate Housing Committee regarding the implementation of House Bill 4134 (2018).

The intent of HB 4134 was to create a relatively simple procedure for removal of discriminatory restrictions on the use of real property by reason of race, color, religion, sex, sexual orientation, national origin, or disability. A judgment resulting from this process will reaffirm that such restrictions are null and void under Oregon law.

At the request of the legislature, a work group met in 2019 to draft forms designed to assist a petitioner with providing the information required by HB 4134 in a manner consistent with the format of most court filings in Oregon.

The draft forms contain four separate documents:

• • • • • the petition, which asks the court to enter a judgment removing the discriminatory provisions;
        • a notice, which the petitioner is required to serve on any other property owners to ensure they are informed about the proceeding;
        • an affidavit, which affirms to the court that the petitioner provided the required notice; and
        • a judgment, which the judge can complete, sign, and file if the petition is granted.

Draft forms were submitted to the Oregon Judicial Department for review and consideration. The department will review, edit, and post the HB 4134 forms on the OJD website as soon as possible and will continue to work with our judges and staff to promote their use.

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Governor Extends Eviction Moratorium to December 31, 2020

On September 28, 2020, Governor Brown issued Executive Order 20-56. EO 20-56 extends the existing eviction moratorium currently found in House Bill 4213 (1st Special Session 2020). EO 20-56 extends the state eviction moratorium through December 31, 2020.

In addition, the Centers for Disease Control and Prevention issued an eviction moratorium in early September, which is running concurrently. The federal order applies to certain residential tenants who earn less than a specified income cap, have no other COVID-safe housing options, and are unable to pay rent.

The Governor’s foreclosure moratorium, found in Executive Order 20-37, also runs through December 31, 2020.

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Upcoming Events

• BOG Member Elections – October 5 to 19, 2020.
• House of Delegates Regional Meetings

• • • • • • Region 1 – October 15, 2020 (9:00 am)
          • Region 2 – October 13, 2020 (9:00 am)
          • Region 3 – October 15, 2020 (9:00 am)
          • Region 4 – October 15, 2020 (1:00 pm)
          • Region 5 – October 14, 2020 (1:00 pm)
          • Region 6 – October 13, 2020 (1:00 pm)
          • Region 7 – October 14, 2020 (9:00 am)
          • Region 8 – October 14, 2020 (9:00 am)

• House of Delegates Annual Meeting – October 30, 2020 at 9:00am

• • • • • • 2020 HOD Agenda

• Legislative Days – December 7 – 10, 2020

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2020 Judicial Candidate Voting Guide

Have a question about judicial candidates this fall? Go to the Oregon State Bar’s 2020 Judicial Candidate Voting Guide to learn more about the candidates.

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Oregon Wildfires – Disaster Legal Services

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Oregon Fire Resources for Practitioners

The Oregon Judicial Department and the Professional Responsibility Fund have published guidance for Oregonians affected by the fires throughout the state.

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

For general information on the fires, please go to https://wildfire.oregon.gov/.

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Federal and State Moratoriums on Evictions and Foreclosure

In the early days of the COVID-19 pandemic, Governor Brown issued executive orders (EO 20-11, EO 20-13) addressing commercial and residential evictions. Those orders expired on July 1, 2020. In late June, the Oregon Legislature passed two bills to extend rental protections and defer mortgage payments. HB 4204 (1st Special Session 2020) directed lenders to defer both residential and commercial mortgage payments until September 30, 2020, due to the COVID-19 pandemic. HB 4204 included language that allowed the Governor to extend the mortgage foreclosure moratorium through executive order. HB 4213 (1st Special Session 2020) extended the moratorium on commercial and residential no-cause evictions through September 30, 2020.

This month the Center for Disease Control and Prevention issued a nationwide eviction moratorium. In addition, Governor Brown issued an executive order extending the foreclosure moratorium found in HB 4204 (1st Special Session 2020).

Center for Disease Control and Prevention issues eviction moratorium

On September 4, 2020, the Center for Disease Control and Prevention issued an order that temporarily halts residential evictions through December 31, 2020. The order applies to certain residential tenants who earn less than a specified income, have no other COVID-safe housing options, and are unable to pay rent.

Governor issues executive order extending foreclosure moratorium

On August 31, 2020, Governor Brown issued Executive Order 20-37, which extends the mortgage foreclosure moratorium established in HB 4204 (1st Special Session 2020) (see above). The executive order remains in effect until December 31, 2020, unless extended or terminated by the Governor.

Oregon Judicial Department updates guidance

This summer the Chief Justice brought together a work group to focus on landlord/tenant issues arising from the Governor’s moratorium and legislative actions. Updated guidance in light of federal and state actions will be available soon.

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2020 House of Delegates Meets on October 30, 2020

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

This year, the Oregon State Bar’s House of Delegates is scheduled to meet on October 30, 2020. For the first time, the meeting will be held remotely via a live webcast. The House of Delegates includes 250 members elected from the bar licensees. To meet quorum requirements, at least 126 members need to attend.

Proposed resolutions were due to the Oregon State Bar by September 15, 2020. The HOD agenda with resolutions will be published on October 9, 2020. HOD regional meetings will be held the week of October 19, 2020.

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

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Former Oregon Supreme Court Justice Hans Linde Passes Away

On August 31, 2020, former Oregon Supreme Court Justice Hans Linde passed away at age 96. Justice Linde joined the Oregon State Bar in 1951 after graduating with a B.A. from Reed College and a J.D. from the University of California–Berkeley and clerking for United States Supreme Court Justice William O. Douglas.

After working for the U.S. State Department and in the Oregon Legislature, Justice Linde and his wife moved to Eugene, where he taught at the University of Oregon School of Law. During his time as a law professor, Justice Linde delved into state constitutional interpretation, creating a new approach now used throughout the country.

From 1977 to 1990, Justice Linde sat on the Oregon Supreme Court, and is known for, among other things, authoring the Fazzolari v. Portland School District decision (734 P.2d 1326 (1987)), which continues to be regularly cited and discussed.

After stepping down, Justice Linde worked with former Attorney General Hardy Meyers to establish the Oregon Law Commission, as well as mentoring a generation of Oregon lawyers.

To view Chief Justice Walters’ statement, go to the Oregon Judicial Department website. The Oregon State Bar’s condolences go out to Justice Linde’s family.

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Online Electronic Submission of Protective Orders

The Oregon Judicial Department (OJD) has enhanced its Online Forms Center and updated court rules to permit the electronic submission of filings relating to the following types of restraining orders:

• • • • Family Abuse Protection Act (FAPA),
      • Elderly Persons and Persons with Disabilities Abuse Prevention Act (EPPDAPA), and
      • Sexual abuse.

Beginning September 1, 2020, restraining orders may be filed electronically, and there will no longer be a need to go to court in person to submit the filing or mail in the paperwork.

OJD is in the process of updating its EPPDAPA forms so they can be added to the electronic forms system (Guide & File). Once added (anticipated first quarter 2021), a user will be able to electronically submit those forms upon completion, as with the FAPA forms.

These changes are intended to improve access to justice for self-represented litigants, by simplifying the filing process. OJD’s forms center can be accessed here. The full announcement may be accessed here. 

Questions should be directed to Sam Dupree, Assistant General Counsel, Oregon Judicial Department, at [email protected].

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Feedback on Oregon Judicial Department Forms

Did you know that the Oregon Judicial Department has a process for providing feedback on forms? If you have suggestions, observations, or questions, please go to https://www.courts.oregon.gov/forms/Pages/feedback.aspx.

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

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

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

House Bills

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

Senate Bills and Resolutions

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

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  Rebalancing Oregon’s Public Safety Budgets

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

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

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

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

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  Chief Justice Continues COVID-19 Response Efforts

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

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

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

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

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

  You may submit your comments by

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

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

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

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  Archives

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

  2020 Oregon State Bar Officers and Public Affairs Chair

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  Liani Reeves, President, Oregon State Bar
  David Wade, President Elect, Oregon State Bar
  Christine Costantino, Immediate Past President, Oregon State Bar
  Eric Foster, Chair, Public Affairs Committee, Oregon State Bar Board of Governors
  
  

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

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

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First Special Session of 2020 Held in Late June

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

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

Residential and Commercial Eviction and Foreclosure Protections

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

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Police Accountability Legislation Passes Legislature

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

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

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

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Legislature Implements Safe Courts Provisions and Remote Online Notarization

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

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

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

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Indian Child Welfare Act Bill Passes Oregon Legislature

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

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

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Oregon Supreme Court Allows Diploma Privilege

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

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

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

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

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

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

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Oregon Judicial Department Provides Update to Legislature

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

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

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

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

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House Interim Judiciary Committee and Senate Interim Judiciary Committee Meet Remotely

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

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

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

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

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

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

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

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2020 Primary Election Results

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

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

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

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

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

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

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

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

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File & Serve Upgrade on Saturday, June 20, 2020

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

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

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

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

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

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

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

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

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

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Approved Changes to the UTCR Effective August 1, 2020

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

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

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

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