Capitol Insider

Oregon State Bar Outreach on Oregon’s New Housing Laws

The Oregon State Bar recently partnered with Oregon Housing and Community Services to help landlords and tenants better understand recent changes to Oregon law, with a focus on SB 608. The Bar has developed written and video materials as well as hosted a seminar for members of the public. All legal information topics, including landlord–tenant law, can be found on the Oregon State Bar’s Public page.

On July 10, 2019, the Bar hosted a free seminar for the public, addressing the changes found in SB 608. Timothy Murphy from the Murphy Law Group and Troy Pickard from Portland Defender gave a 90-minute seminar geared toward educating residential landlords about legal changes to Oregon’s new landlord–tenant laws. A streaming video of the seminar “Legal Q&A: An Update to Landlord/Tenant Law in Oregon” is posted on the Bar’s website along with course materials.

The Bar has also produced shorter, issue-specific videos including:

• • • Landlord/Tenant Overview and Resources
    • Oregon’s New Rent Control Law
    • Eviction Notices

These videos are in the process of being translated from English to Spanish, Chinese, Russian, and Vietnamese and should be available by the middle of the month. These can be found in the Legal Q&A Video Section or on the Landlord and Tenant Law page.

Finally, the Bar has created the pamphlet, “New Rules for Landlords”, which is currently available for download. This document is currently available in English, Spanish, Chinese, Russian, and Vietnamese.

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Governor Signals She May Veto 2019 Legislation

On August 4, 2019, Governor Brown announced that she is considering using her veto powers on legislation and spending provisions passed during the 2019  legislative session.

The Governor is considering vetoing HB 2437, which addresses the amount of materials that may be excavated from agricultural ditches without a state permit.

In addition, the Governor is considering three line-item vetoes:

• • • A $4,000,000 appropriation for the City of Newport for planning, environmental permitting, and design costs of replacing the Big Creek Dams. (HB 5050, Sec. 82(1)(1)),
    • A $500,000 appropriation for the Association of Oregon Counties for urban growth boundary planning grants for eastern Oregon counties. (HB 5050, Sec. 115 (11)), and
    • A $5,000,000 transfer of funds from the Oregon Medical Board to the state’s General Fund for general government purposes. (HB 2377, Sec. 6)

Additional information on the proposed vetoes can be found on the Governor’s Media Room page. The final decision will be made on or before August 9, 2019.

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When a Bill Becomes a Law

On Sunday, June 30, 2019, the House and Senate adjorned 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 business days to veto whole bills or “single items in appropriation bills.” For bills that are passed in the last five days of session, the Governor has 30 business days 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. This year the Governor has until August 9, 2019 to issue a veto.

Effective Date. In Oregon, the default effective date for a bill is January 1 of the following year. This session, a bill without a specifically noted effective date in the text of the legislation will have an effective date of January 1, 2020.

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 29, 2019.

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, note that 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 2019 Legislative Session, click on the “Bills” icon on 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 2019 issue of Legislation Highlights, which will be published this fall.

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UTCR Updates Process for Debt Buyers and Debt Collectors

On August 1, 2019, changes to Uniform Trial Court Rule (UTCR) 5.180 and UTCR 15.030 went into effect. UTCR 5.180(2) places requirements on debt buyers and debt collectors acting on behalf of debt buyers. UTCR 5.180(3) places requirements on all other debt collection cases. UTCR 15.030 makes those requirements applicable to small claims debt collection cases. UTCR 5.180 and UTCR 15.030 are the result of recommendations made by the Oregon Civil Justice Improvements Task Force, which included judges, trial court administrators, attorneys from multiple disciplines and geographic areas across the state, representatives from the Oregon State Bar, and support staff from the Oregon Judicial Department. For additional information on the changes, go to the Oregon Judicial Department’s UTCR web page.

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  2019 Legislation Highlights to Be Published this Fall

  This fall the Oregon State Bar will be releasing the 2019 Oregon Legislation Highlights. Each year the Bar produces a book detailing many of the more significant bills passed by the legislature during the recently completed session. Bill summaries are arranged by topic, allowing lawyers to easily review those that may be relevant to their practice. Summaries are authored by other attorneys who are experienced in the area of law on which they are writing, and often include useful practice tips for lawyers who are working with the new laws. Legislation Highlights is available free online for Bar members through BarBooks. Editions from previous years are also available and can be an invaluable tool for a lawyer researching past legislation. If you have any questions or need more information about the 2019 Legislation Highlights, please contact the Bar’s Public Affairs Department.

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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.

  2019 Public Affairs Committee Members

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  Eric Foster, Chair
  Eddie Medina, Vice Chair
  Whitney Boise
  John Bachofner
  Kate Denning
  Kamron Graham
  Bik-Na Han
  Michael Rondeau 

  Public Affairs Department

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

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Oregon Judicial Department Budget Passes Legislature

In the waning days of the 2019 legislative session, the Senate and House passed the 2019–2021 budget for the Oregon Judicial Department. The budget, contained within Senate Bill 5513 and a number of other bills, provided funding to address many of the department’s needs.

Staffing – A priority for the Oregon Judicial Department this session has been the restoration of funding for staff positions throughout the state. Senate Bill 5513 restores funding for 80 vacant positions. In addition, the legislature approved nine new positions to support the implementation of SB 24 and SB 973. These two bills provide support and services for people with serious mental illness and substance addictions.

Judges – Under two of the end-of-session bills, HB 5050 and HB 2377, the legislature added two judgeships, one in Jackson County and one in Marion County with funding for support staff. Further, judicial compensation will be increased by $5,000 beginning on July 1, 2020.

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Legislature Provides Funding for Six Courthouse Projects

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 for five courthouses:

• • • Lane County ($87.6 million)
    • Clackamas County ($31.5 million)
    • Linn County ($15.9 million)
    • Multnomah County ($8.5 million for furnishings)
    • Oregon Supreme Court Building ($27.8 million)

In addition, the legislature provided $2 million in General Fund dollars for planning for the new Benton County Courthouse.

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Legislature Creates New Funding Source for State Court Technology Fund

Since the implementation of Oregon eCourt, the Oregon Judicial Department and the Oregon Legislature have explored and utilized a variety of funding sources. These include civil filing fees and funds from the Criminal Fine Account, which are deposited in the State Court Technology Fund to fund the Oregon eCourt program.

Criminal Fine Account – Under HB 5029, just under $4 million are allocated to the State Court Technology Fund for Oregon eCourt. This is a 25 percent increase over the 2017–2019 approved legislative budget.

Increase in Filing Fees – HB 3447 increases most civil filing fees by six percent. Examples include filing, motion, settlement conference, trial, document, and marriage solemnization fees. The increase in filing fees will go into effect on October 1, 2019. Almost $300,000 of the increase will be directed to the State Court Technology Fund this biennium with the remainder deposited into the state’s General Fund.

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  Legal Aid Receives First Increase in State Funding Since 2011

  Since 2011, funding for legal aid has been a static statutory allocation. At the beginning of the 2019 legislative session, the Oregon State Bar Board of Governors introduced SB 358 in support of civil legal-aid providers in Oregon. The goal of the bill was to increase the amount of state funding for civil legal-aid services and create a biannual funding increase.

  This year, after discussions with advocates and the co-chairs of the Joint Committee on Ways and Means, funding for civil legal-aid services was incorporated into the Oregon Judicial Department budget (SB 5513). As a result of moving civil legal-aid funding into the OJD budget, the Legal Services Program, which provides fiscal and regulatory oversight to Oregon’s civil legal-aid providers, will distribute approximately $400,000 in additional funding this biennium to legal-aid providers. This is the first increase in state statutory funding in almost a decade.

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  Thank You to the Citizens Campaign for Court Funding

  Throughout the legislative session, the Citizens Campaign for Court Funding, a coalition of lawyers, community members, nonprofits, and businesses located throughout Oregon, advocated for adequate funding for the Oregon Judicial Department.

  Thank you to everyone who contacted legislators, testified in Salem, and participated in the Oregon State Bar’s Day at the Capitol!

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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.

  2019 Public Affairs Committee Members

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  Eric Foster, Chair
  Eddie Medina, Vice Chair
  Whitney Boise
  John Bachofner
  Kate Denning
  Kamron Graham
  Bik-Na Han
  Michael Rondeau 

  Public Affairs Department

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

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Updates to Uniform Trial Court Rules

Under CJO 19-028, a number of updates to the Uniform Trial Court Rules (UTCR) will go into effect on August 1, 2019. Changes to the UTCR will affect a number of different areas including:

• Certificate of document preparation,
• Civil jury cases,
• Debt collection cases,
• Family law procedures,
• Exhibits in juvenile cases,
• Filing of the DMV record,
• Extreme risk protection orders,
• Notice of filing expedited matters, and
• Statewide post-conviction relief (PCR) rules.

The approved UTCR changes can be found on the Oregon Judicial Department website. The updated rules are listed under “Future Rules” until August 1, 2019 when they will be moved to “Current Rules.” The Preface of the 2019 UTCR includes detailed explanations of the changes.

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Continuing Resolution Passes Oregon Legislature

On June 19, 2019 the Legislature passed HB 5048, a continuing resolution that allows the state to continue operating under the 2017–2019 funding levels until September 15, 2019. Although HB 5048 does ensure that state agencies, and the judicial branch, will continue to receive funding, any increases or modifications in the 2019–2021 budget will not be implemented until the 2019 Legislative Session budget bills are voted on by the Senate and House and signed by the Governor.

Examples of unpassed budget bills are:

HB 5011 – Oregon Department of Business and Consumer Services budget
HB 5014 – Oregon District Attorney budget
HB 5015 – Oregon Department of Education budget
HB 5026 – Oregon Department of Human Services budget
HB 5032 – Oregon Public Employees Retirement System budget
HB 5039 – Department of Transportation budget
SB 5513 – Oregon Judicial Department budget
SB 5515 – Oregon Department of Justice budget
SB 5525 – Oregon Health Authority budget

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Oregon State Bar Law Improvement Package Passes through Legislature

This session, the Oregon State Bar’s Law Improvement Package included nine legislative concepts. With the exception of one bill, the Bar’s legislative package has passed through the legislative process. Congratulations to the Bar sections and their legislative contacts for the successful passage of your proposed legislation!

HB 2459 – Permits person or agent of person that holds lien that encumbers real property to request statement from person that holds another lien that also encumbers same real property of amount that is necessary to pay off other lien –Passed both chambers. Signed by the Governor.

HB 2460 – Provides that transferee of tax-deferred homestead is liable for amounts of outstanding deferred property taxes due on homestead if transferee is using homestead more than 90 days following taxpayer’s death and is potential recipient of homestead under intestate succession or by devise or received homestead from estate of deceased taxpayer or right to homestead by gift or assignment from insolvent taxpayer – Passed both chambers. Awaiting the Governor’s signature.

HB 2461 – Creates temporary stay of eviction for certain low-income veterans  – Concept incorporated into HB 2530. HB 2530 signed by the Governor.

HB 2462 – Directs court to, at time of arraignment, notify defendant that status as servicemember may make defendant eligible for treatment programs, diversion, specialty courts or sentencing mitigation – Passed both chambers. Signed by the Governor.

SB 357 – Increases the allocation to the Legal Aid program – Incorporated into SB 5513. Awaiting vote in the Senate and House.

SB 358 – Clarifies the mission of the Bar and it’s role within the judicial branch, creates consistent IOLTA reporting requirements for lawyers in Oregon, addresses the changing demographics of lawyers in Oregon, and facilitates the ability of the bar to work with state agencies – Passed both chambers. Signed by the Governor.

SB 359 – Provides structure and procedures by which business corporation and nonprofit corporation may ratify and approve defective corporate actions – Passed both chambers. Signed by the Governor.

SB 360  – Updates laws that govern nonprofit corporations in this state – Passed both chambers. Signed by the Governor.

SB 361 – Modifies prudent investor rule to allow trustee to consider settlor’s or beneficiaries’ personal values, including settlor’s or beneficiaries’ desire to engage in sustainable or socially responsible investment strategies aligning with settlor’s or beneficiaries’ social, environmental, governance or other values or beliefs, and beneficiaries’ financial needs, when making investment decisions – Passed both chambers. Awaiting signatures.

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  Representative Mike McLane to become Judge in Crook and Jefferson Counties

  On May 31, Governor Brown announced that Rep. Mike McLane (R-Powell Butte) would be appointed to Circuit Court in Crook and Jefferson Counties. The appointment went into effect in late May, and the representative will begin his judicial service in July.

  Rep. McLane, a lawyer-legislator, was elected to represent House District 55 in 2011. From 2012 to 2018 he was the leader of the House Republican Caucus and was instrumental in the passage of several bar bills. Most recently Rep. McLane successfully carried SB 359, a bill from the Business Law Section dealing with defective corporate acts on the House Floor.

  During Rep McLane’s time in the legislature, he maintained an active practice, first with Miller Nash Graham & Dunn in Central Oregon and then with Lynch Conger McLane. In addition, Rep. McLane is a Lieutenant Colonel serving as a staff judge advocate in the Oregon Air National Guard.

  Best Wishes to Rep. McLane in his new position!

  
  Representative Mike McLane (R-Powell Butte) speaking at the 2019 Oregon State Bar Day at the Capitol.

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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.

  2019 Public Affairs Committee Members

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  Eric Foster, Chair
  Eddie Medina, Vice Chair
  Whitney Boise
  John Bachofner
  Kate Denning
  Kamron Graham
  Bik-Na Han
  Michael Rondeau 

  Public Affairs Department

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

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OSB Day at the Capitol Brings Lawyers to the Capitol

On May 16, 2019, Oregon State Bar members traveled to the Capitol to visit with legislators to discuss the Bar’s legislative priorities. Bar members met with over 30 legislative offices over the course of the day. This budget cycle bar priorities include: funding for the courts, for low-income civil legal services, and for indigent defense. Thank you to each person who attended Day at the Capitol. Your advocacy and commitment to justice has made an impact.

Oregon Judicial Department. The Oregon State Bar joined with the Oregon Judicial Department (OJD) in urging the legislature to restore the cuts that have been made in the past years to allow the court to keep up with the demand for services. The Oregon Judicial Department’s priorities for the 2019–2021 biennum include:

• • • Fund current service level (SB 5513) — The Governor’s budget would fund 80 staff positions that have been held vacant to meet budget reduction targets.
    • Restore additional court staff — The Oregon Judicial Department has lost about 12% of its staff since the 2009–2011 budget cycle, or approximately 212 positions. This means that most courts are not able to provide all public services during the entire business day. This lack of staffing slows down the resolution of cases, and means that members of the public may be turned away.
    • Additional judges for child-welfare cases (HB 2258) — This bill would add family-treatment courts in Coos, Deschutes, Douglas, and Marion Counties. Additionally, an OJD Policy Option Package would add 14 judges throughout the state, allowing timely resolution of highly complex and emotionally difficult cases impacting Oregon families. Resolving these cases quickly is critical to ensuring safe, permanent homes for abused or neglected children.

Funding for Legal Aid. The Oregon State Bar joined with legal aid providers in urging the legislature to increase state funding of legal aid. The bar, in conjunction with legal aid providers, requested an:

• • • Increase the current Oregon statutory allocation dedicated to funding legal aid operations by $3.1 million per biennium. This would allow legal aid to close a small part of the gap between the need that is highlighted in the 2018 Civil Legal Needs Study and its current ability to meet that need on a statewide basis; and
    • To create an ongoing annual increase to the statutory allocation based on the Consumer Price Index (CPI). This annual increase will help keep legal aid from falling further and further behind each biennium.

Public Defense Services Commission. The Oregon State Bar supports efforts to provide constitutional levels of funding for indigent defense services in Oregon. In 2018, the Sixth Amendment Center outlining a number of concerns about how indigent services are provided, and how providers are trained and paid in Oregon. Over the legislative session, stakeholders have engaged in efforts to restructure the way indigent defense is provided and to ensure that caseloads are maintained at a level that allows public defenders adequate time to provide competent representation for all clients.

In the waning days of session, high-level discussions regarding the bar’s legislative priorities have been taking place. Thank you to everyone who participated in the 2019 Oregon State Bar Day at the Capitol!

Pictured (L-R): Eric Foster, OSB BOG Region 3, John Bachofner, OSB BOG Region 8, Vanessa Nordyke, 2018 OSB Past President, Representative Dan Rayfield (D-Corvallis), Rebecca Cambreleng, Cambreleng Law LLC

Pictured: Liani Reeves, 2020 OSB President Elect opening the lunch program.

Pictured: Justice Christopher L. Garrett, Oregon Supreme Court, Ed Harnden, Barran Liebman LLP

Pictured: Erin Esparza, Classroom Law Project, Elizabeth Knight, Dunn Carney Allen

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Bar President and Chief Justice Speak at City Club in Support of Court Funding

On May 24, 2019, the City Club of Portland hosted Chief Justice Martha Walters of the Oregon Supreme Court and Oregon State Bar President Christine Costantino for a presentation on the Oregon Judicial Department.

Pictured: Christine Costantino, 2019 OSB President, Chief Justice Martha Lee Walters, Oregon Supreme Court

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    Senator Jackie Winters Passes Away

    On May 29, 2019, State Senator Jackie Winters (R-Salem) passed away. Throughout her career, Senator Winters was a leader on public-safety issues, which affected lawyers throughout the state, from court filing fees to juvenile-justice reform.

    Court Filing Fees. In 2011 Senator Winters chaired the Joint Committee on Ways and Means Subcommittee on Public Safety. That session, the legislature passed House Bill 2710 and House Bill 2712, after extensive work by the Joint Interim Committee on State Justice System Revenues and the Public Safety Subcommittee. The bills restructured court filing fees and how they were distributed.

    Oregon eCourt. In 2012, the Oregon Judicial Department began its implementation of Oregon eCourt, which allows for electronic filing, information sharing, case management, and document access among other functions. The Public Safety Subcommittee, chaired by Senator Winters, provided budgetary and policy oversight over the five-year implementation process, which was completed in 2016. The Oregon eCourt project is regularly recognized as one of the most successful IT projects in recent state history.

    Juvenile Justice. During the 2019 legislative session, Senator Winters championed Senate Bill 1008*, a juvenile-justice reform bill. Measure 11, a citizen’s initiative that passed in 1994, created strict mandatory minimum-sentencing laws for anyone over age 15. SB 1008 modifies treatment of youth in Oregon’s criminal-justice system by, among other changes to the law, allowing offenders who receive a Measure 11 sentence to be eligible for conditional release. The bill, which required a 2/3 vote in each legislative chamber, passed out of the legislature just a few days before Senator Winters passed away.

    *For more information on SB 1008, please see the 2019 Legislative Highlights to be released this fall.

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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.

    2019 Public Affairs Committee Members

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    Eric Foster, Chair
    Eddie Medina, Vice Chair
    Whitney Boise
    John Bachofner
    Kate Denning
    Kamron Graham
    Bik-Na Han
    Michael Rondeau 

    Public Affairs Department

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

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Nonunanimous Juries Resolution, HJR 10, Receives a Public Hearing in House Rules Committee

On May 6, 2019, the House Rules Committee received public testimony on House Joint Resolution (HJR) 10.  The bill would amend the Oregon Constitution to allow juries to impose verdicts in felony cases only by unanimous agreement. If passed, HJR 10 would be referred to the voters at the next general election.

In 2018, the Oregon State Bar’s Board of Governors adopted a resolution calling for the end of the practice of convicting defendants by less than a unanimous vote. Since then, voters in Louisiana approved a constitutional amendment eliminating this practice in their state. This leaves Oregon as the only state in the nation that still allows defendants to be convicted by a nonunanimous jury.

Vanessa Nordyke, Immediate Past-President of the Oregon State Bar, submitted testimony in support of HJR 10 on behalf of the bar. In addition, the Oregon District Attorneys Association, the Oregon Criminal Defense Lawyers Association, and the Oregon Department of Justice all submitted testimony in support of HJR 10.

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Bills of Interest

HB 2601 – Limits guardian’s authority to limit protected person’s preferred associations with third parties.
HB 3201 – Provides that agreement for deferred resolution of criminal cases may not contain requirement that defendant enter plea of guilty or no contest.
HB 3249 – Provides that client has right to privately communicate with lawyer and representative of lawyer.
SB 783 – Modifies requirement to notify Attorney General of elder abuse proceeding, making failure to notify not jurisdictional defect.

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  Probate Modernization Bills Move through the Legislative Process

  On May 9, 2019, the Senate Judiciary Committee passed three bills from the Oregon Law Commission out of committee and to the Senate floor. The three bills, House Bill (HB) 3006, HB 3007, and HB 3008, were the product of a multiyear work group made up of estate planning and elder law practitioners; representatives from the Oregon Judicial Department, the Oregon Department of Human Services, the Oregon Department of Justice; and academics.

  HB 3006 modifies the probate process for estates with no known assets. HB 3007 clarifies the process for use of a small-estate affidavit in probate proceedings involving estates with $75,000 or less in personal property and $200,000 or less in real property. HB 3008 specifies the process for probate proceedings of wrongful-death claims and estates with personal-injury claims. Both HB 3007 and HB 3008 were amended before passing the House.

  HB 3006 passed the Senate on May 20, 2019.  HB 3007 and HB 3008 passed the Senate on May 16, 2019.  All three bills are on the way to the Governor for her signature.

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

  On May 7, 2019, the Joint Ways and Means Committee’s Subcommittee on Public Safety held a work session on SB 5532, the Public Defense Services Commission (PDSC) funding bill. The bill was amended and moved to the full Ways and Means Committee for consideration. Once approved by the full Committee, the bill passed the Senate on Thursday, May 16, 2019 and is on its way to the House.

  The budget proposed by the PDSC for the 2019–2021 biennium was just over $348 million for two years. The budget approved by the subcommittee was $7 million less, with cuts focused on personal and program services. New programs and processes in this budget include a salary increase for the appellate division, additional staff for contract oversight, additional office space, and a replacement for the current financial management system.

  In addition to the PDSC biennial budget, House Majority Leader Jennifer Williamson has introduced HB 3145. The bill would move the Office of Public Defense Services to the executive branch, restructure the make-up of the commission, and require the commission to establish a trial division in addition to the appellate division among other things. HB 3145 was introduced in response to the report from the Sixth Amendment Center. The budget bill passed out of the Joint Ways and Means Committee unanimously and now moves to the House Floor for a vote.

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  Oregon Judicial Department unveils portrait of former Chief Justice Thomas Balmer

  On May 7, 2019, the Oregon Judicial Department unveiled a portrait of former Chief Justice Thomas Balmer. Justice Balmer served as the Chief from 2012 to 2018 and continues to serve as a Justice on the Oregon Supreme Court.

  

  Pictured, Michael Gillette (Justice 1977 – 1986), Thomas Balmer (Chief Justice 2012 – 2018), and Martha Lee Walters (Chief Justice 2018 – Present)

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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.

  2019 Public Affairs Committee Members

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  Eric Foster, Chair
  Eddie Medina, Vice Chair
  Whitney Boise
  John Bachofner
  Kate Denning
  Kamron Graham
  Bik-Na Han
  Michael Rondeau 

  Public Affairs Department

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

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OJD Budget Receives Weeklong Review in Ways and Means Public Safety Subcommittee

Beginning on April 1, 2019 Ways and Means Public Safety Subcommittee held a week of hearings focused on the Oregon Judicial Department (OJD) 2019-2021 requested budget. SB 5513, is the OJD budget bill. The proposed legislative budget, released in March by the co-chairs of the Joint Committee on Ways and Means, calls for a 5% reduction across state government with the exception of healthcare and education. This translates into more than a 6% cut to OJD operations, since certain constitutionally mandated functions, such as judicial salaries, interpretive services, and juror payments may not be reduced.

Because of these challenges to court funding, the Oregon State Bar has reinvigorated its Citizens’ Campaign for Court Funding. This campaign supports the statewide coalition of citizens and business and community groups formed to ensure adequate and stable court funding.

Fully funding Oregon’s courts will allow the courts to meet service goals that have been unattainable for most of the last decade:

• • • • • • Fill 80 staff positions that have been held vacant due to budget reductions,
          • Create 14 new judicial positions in order to meet timeline standards for children in foster care, and focus on family courts and dependency cases.
          • Create 78 new staff positions to allow the courts to improve public access. This includes ensuring that staff are available to answer phones, that counters are open 8 hours a day, and that judgments are entered within 72 hours of filing.

On April 4, 2019 the Citizens’ Campaign for Court Funding arranged for Christine Costantino from the OSB Board of Governors, as well as representatives from the Oregon Association of Defense Counsel, the Oregon Criminal Defense Lawyers Association, the Oregon District Attorneys Association, Oregon’s legal aid providers, the Oregon Public Defense Services Commission, and the Oregon Trial Lawyers Association to testify in support of the OJD budget. In addition, business, nonprofit, and community leaders submitted testimony identifying the need for a healthy judicial department and shared their support for adequate funding for Oregon’s court system.

Over the upcoming months, members of the Ways and Means Committee will continue their discussions about this and other public safety budgets in order to craft a statewide budget.

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Bar Bills Move Through Legislative Process

Another three Oregon State Bar bills moved through the first chamber.

SB 358 is an update to ORS chapter 9, which provides statutory guidance to the Oregon State Bar. On January 30 OSB President, Christine Costantino, and OSB General Counsel, Amber Hollister, testified in support of the bill in the Senate Judiciary Committee. The bill received a work session on March 26, was amended, and was voted unanimously out of committee. SB 358, as amended, is an omnibus bill that makes a number of changes to ORS chapter 9 including the following: updates reporting timelines for IOLTA accounts, removes the prohibition on 50-year licensing fees, allows the Department of Revenue to share information with the Oregon State Bar, acknowledges the authority of the Oregon Supreme Court over the Oregon State Bar, and explicitly states the Bar’s mission.

The bill passed the Senate on a 27-0-3 vote on April 2, 2019. It is scheduled for a public hearing and work session in House Judiciary on April 23, 2019.

House Bill 2459A allows a lien holder to request an itemized statement of the amount necessary to pay off a lien from another lien holder.  The bill came from the Oregon State Bar’s Debtor-Creditor section. On February 2, 2019, Erich Paetsch from the Oregon State Bar’s Debtor Creditor Section testified in support of the bill in the House Judiciary Committee. The bill received a work session on April 4, 2019 was amended, and was voted unanimously out of committee.

The bill passed the House on a 58-0-2 vote on April 17, 2019.

The third OSB bill, HB 2462, was discussed in the previous Capitol Insider. The bill came from the OSB Military and Veterans Law Section. The bill passed the House unanimously on April 8, 2019. It is scheduled for a public hearing and work session on April 22, 2019 in the Senate Judiciary Committee.

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Bills of Interest

HB 2244 – Establishes CourtCare Fund and appropriates moneys in fund to Department of Education for distribution to counties to operate CourtCare programs.
HB 3164 – Directs Public Defense Services Commission to distribute moneys to Metropolitan Public Defender Services for establishment and administration of pilot program according to specifications, collection of certain program data and submission of data to commission.
HB 3145 A –Defines terms related to provision of public defense services.
HB 3201 – Provides that agreement for deferred resolution of criminal cases may not contain requirement that defendant enter plea of guilty or no contest.
HB 3388 –  Modifies annual salaries of judges of Supreme Court, Court of Appeals, circuit courts and Oregon Tax Court.
SB 186 – Changes index for determining cost of living adjustments to limitations on damages under Oregon Tort Claims Act.
SB 279 – Requires certain persons that service student loans in this state to obtain or renew license.

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  ABA Day in Washington DC

  The Oregon delegation met with members of Congress to support funding for the Legal Services Corporation and the Public Service Loan Repayment program.

  

  From left to right:
  Maya Crawford Peacock, Campaign for Equal Justice; Edwin A Harnden, Barran Liebman LLP; Christine Costantino, Oregon State Bar President; Susan Grabe, Oregon State Bar Public Affairs Department Director; Monica Goracke, Oregon Law Center. April 2019.

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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.

  2019 Public Affairs Committee Members

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  Eric Foster, Chair
  Eddie Medina, Vice Chair
  Whitney Boise
  John Bachofner
  Kate Denning
  Kamron Graham
  Bik-Na Han
  Michael Rondeau 

  Public Affairs Department

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

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SB 360, An Update to the Oregon Nonprofit Corporation Act (ORS Chapter 65), Moves through First Chamber

On March 4, the Oregon State Bar’s Nonprofit Organizations Law Section bill, SB 360 received a work session and passed out of the Senate Judiciary Committee. Senator Cliff Bentz (R-Ontario) carried the bill on the Senate floor, where it passed 24 to 2 (with 4 excused). The bill is now on its way to the House for consideration.

In 2014, the Nonprofit Organizations Law Section created a work group to review and update ORS Chapter 65, the Oregon Nonprofit Corporation Act. Over the last several years, the work group has reviewed the statute, solicited feedback from lawyers who work with nonprofits and the Nonprofit Association of Oregon, and updated and modernized the language. The work group had two guiding principles:

• • • • (1) Changes should clarify or improve the functioning of the statutory framework, but not make major policy changes to the legal structure for nonprofit corporations in Oregon.
      • (2) A nonprofit corporation should, with limited exceptions, be able to draft its own governance rules through its articles and bylaws. At the same time, certain rules will be mandatory and will be clearly identified as such in the statutes.

  In addition, SB 360 includes several provisions to combat abuses by anonymous shell corporations. The new provisions require more transparency and provide the state additional enforcement tools to combat fraud and other illicit activities.

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  House Judiciary Committee passes HB 2462 from the Military and Veterans Law Section out of committee

  On March 19 the House Judiciary Committee held a public hearing on HB 2462, a bill from the Military and Veterans Law Section. The bill, as amended with the -3 amendments, would require a court at the time of arraignment to inform a defendant that their status as a servicemember may make the defendant eligible for treatment programs, specialty courts, diversion or mitigated sentencing and that they may wish to speak to their attorney about these options. Jesse Barton, a member of the Military and Veterans Law section, testified in support of the bill. On March 27 the bill passed out of committee unanimously with the -3 amendments.

  Additionally, the bill specifies that a defendant’s status as a servicemember may not be used as an aggravating factor in sentencing, and permits a defendant to request that the court seal within the court file any information regarding a defendant’s status as a service member.

  Veterans involved with the criminal law system has been a focus of the Military and Veterans Law Section for several sessions. In 2010 the section worked to pass SB 999 which allowed for diversion for veterans in certain circumstances and in 2013, the section passed SB 124 which directs the court at sentencing to consider evidence received during a criminal proceeding regarding the defendant’s status as a servicemember in determining aggravation or mitigation.

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  Bills of Interest

  SB 113 – Authorizes court to award prevailing retail customers, who bring actions against vehicle dealers, attorney fees under certain circumstances.

  SB 421 – Prohibits insurer from receiving reimbursement or subrogation for personal injury protection benefits or health benefits insurer provided to person injured in motor vehicle accident from any recovery injured person obtains in action for damages except to extent that injured person first receives full compensation for injured person’s injuries and reimbursement or subrogation is paid only from amount of recovery in excess of amount that fully compensates for injured person’s injuries.

  SB 728 – Includes insurance in definition of real estate, goods, and services that are subject to penalties for unlawful trade practices.

  HB 2014 – Restricts limitation on award of noneconomic damages to claims in actions for wrongful death.

  HB 2517 – Prohibits state agencies from suspending or revoking license required to pursue commercial activity, trade, occupation, or profession because licensee is delinquent in paying student loan debt.

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  Senate Judiciary Committee Holds Hearings and Work Sessions on Proposed Family Law Legislation

  On March 6, 2019, the Senate Judiciary Committee held public hearings on a number of family law bills. During the hearing, legislators heard testimony on equal parenting time, appointing legal counsel for children in contested domestic relations proceedings, and creating a procedure for alternative dispute resolution for custody and parenting time modifications, among other topics.

  In 2016, the Senate Judiciary Committee convened a work group to review Oregon custody and parenting-time statutes. The work group included advocates; expert practitioners, including representatives from the OSB Family Law Section; judges; and stakeholders. Over the last few years, the work group took the opportunity to review current Oregon law and practice as well as statutes in other states, developments in case law, and research on best practices for child custody and parenting time.

  SB 318 – Creates rebuttable presumption that equal parenting time is in best interests of child. (Scheduled for a work session on April 4, 2019)

  SB 356 – Permits detailed parenting plan to include instructions regarding notification requirements for specified matters. (Passed the Senate as introduced on March 28, 2019)

  SB 371 – Establishes pilot programs for purpose of appointing legal counsel for children in contested domestic relations proceedings. (Passed out of committee with the -3 amendments on March 21, 2019)

  SB 385 – Directs presiding judge of each judicial district to establish alternative dispute resolution conference procedure for custody and parenting time modifications and enforcement proceedings. (Passed out of committee with the -3 amendments on March 21, 2019)

  SB 736 – Modifies terminology in domestic relations proceedings regarding custody of and parenting time with children. (Public Hearing held on March 6, 2019)

   

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  Justice Reinvestment Accountability and Equity Act Moves to the House Floor

  On March 14, 2019, the House Judiciary Committee held a public hearing on HB 3064. In 2013 the Oregon Legislature passed the Justice Reinvestment Act to support justice reinvestment efforts. The Act both changed the charging practices on specific crimes and allowed for public safety cost savings. Because of the savings from the Act, the state delayed building a new women’s prison in Oregon.

  HB 3064 as amended with the -1 amendment would update the Act. The bill would make a number of changes to the program, from expanding the Justice Reinvestment Grant Review Committee, to requiring the Criminal Justice Commission to assess the engagement of the counties in reducing use of prison beds. The bill gives the Criminal Justice Commission the ability to reduce, withhold, or redirect grant funds if counties have not reduced the use of imprisonment.

  The bill passed out of committee on March 21 with the -1 amendment.

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  Oregon State Bar Day at the Capitol

  Oregon State Bar Day at the Capitol
  Wednesday, May 8, 2019
  8:00am – 5:00pm
  Willamette University Hearings Room & OCJC Lobby
  900 State St, Salem, OR 97301

  If you are interested in attending this event, please contact Kellie Baumann at [email protected].

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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.

  2018 Public Affairs Committee Members

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  Eric Foster, Chair
  Eddie Medina, Vice Chair
  Whitney Boise
  John Bachofner
  Kate Denning
  Kamron Graham
  Bik-Na Han
  Michael Rondeau 

  Public Affairs Department

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

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Board of Governors Hosts 2019 President’s Reception in Salem

Every year, the Oregon State Bar’s Board of Governors holds its February meeting in Salem. This year, in conjunction with the legislative session, the BOG hosted the 2019 President’s Reception at the Salem Convention Center on February 21. The reception provides an opportunity for practitioners, judges, legislators, and bar leadership to discuss many of the issues that are affecting the practice of law and the judiciary. During the reception Christine Costantino, 2019 OSB President, spoke about the important role the Bar plays in public protection, access to justice, and supporting the judiciary and highlighted the Bar’s legislative priorities: adequate funding for the courts, civil legal aid, and indigent defense.

The next OSB legislative event is the Oregon State Bar Day at the Capitol. Scheduled for May 8, 2019, this is an opportunity for practitioners to meet with legislators, experience the legislative process, and advocate for the Bar’s legislative priorities. Please contact Kellie Baumann at [email protected] for more information.

Eddie Medina, Senator Floyd Prozanski, Dawn Evans, and Eric Foster

OSB Past President Vanessa Nordyke, Representative Mike McLane, and OSB President Christine Costantino

John Bachofner and Justice Thomas A. Balmer

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Oregon State Bar Focuses on Consumer Protection in Salem

HB 2460 – Provides that transferee of homestead is not liable for amounts of outstanding deferred property taxes due on homestead if transferee receives no interest in real or personal property from estate.

HB 2588 – Requires certain persons that service student loans in this state to obtain or renew license.

HB 3022 – Makes various changes to workers’ compensation laws of this state.

SB 388 – Directs Governor or designee to notify presiding judge of circuit court of county of conviction within 10 days of granting pardon.

SB 608 – Prohibits landlord from terminating month-to-month tenancy without cause after 12 months of occupancy.

SB 681 – Prescribes optional form for supported decision-making agreement.

SB 684 – Specifies requirements for covered entities that own, license, maintain, store, manage, collect, process, acquire or otherwise possess personal information, and for vendors that provide services to covered entities, to notify consumers of breach of security.

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Chief Justice Hosts Court Funding Breakfast in Portland

On February 19 the Citizens Campaign for Court Funding (CCCF) held its first nonprofit breakfast at Mercy Corps in downtown Portland. The event, hosted by the Oregon State Bar and the Oregon Judicial Department, was an opportunity for nonprofit organizations throughout Oregon to meet with Chief Justice Martha Lee Walters and discuss the need for adequate funding for Oregon’s court system. Representatives from the American Federation of State, County and Municipal Employees (AFSCME), Central City Concern, the ACLU, the Oregon Law Center, Catholic Charities, and the Nonprofit Association of Oregon, among others, spent the morning discussing the challenges of providing needed services to Oregonians. Participants focused on the intersection of social services and the court system and the need to provide adequate funding across programs and agencies to strength the system as a whole.

Additional information on the CCCF can be found on its website.

Chief Justice Martha Lee Walters

OSB President Christine Costantino

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Legal Aid Funding Bill Moves Out of Committee

On February 18, the Senate Judiciary Committee held a public hearing and work session on Senate Bill 357. The bill increases the statutory allocation for state legal-aid funding, ties legal-aid funding to the consumer price index, and clarifies the Oregon State Bar’s commitment to the efforts of Oregon courts to ensure access to justice.

Amy Edwards, the president of the Oregon Law Center’s board of directors, Monica Goracke, the executive director of the Oregon Law Center, and Bill Penn, the associate director of the Oregon State Bar’s Legal Services Program and the associate director of the Oregon Law Foundation, testified in support of the bill. Each of the speakers focused on a different aspect of Oregon’s civil legal-aid services.

Discussion in committee ranged from the types of services provided by legal-aid attorneys, the regulatory and funding oversight provided by the OSB Legal Services Program, and the 2018 Legal Needs Study.

SB 357 moved out of committee with a unanimous vote and will now go to the Joint Committee on Ways and Means for further consideration.

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Important Dates

February 27, 2019 – Revenue Forecast
April 9, 2019 – First Chamber Deadline
May 8, 2019 – Oregon State Bar Day at the Capitol
May 24, 2019 – Second Chamber Deadline

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Oregon State Bar Testifies in Support of Increasing the Number of Judges in Oregon and Judicial Compensation

On the first day of session, the Oregon Judicial Department (OJD) provided an overview of Oregon’s court system to the Senate and House Judiciary Committees. During the hearings, Chief Justice Martha Lee Walters and State Court Administrator Nancy Cozine provided an overview of the OJD and answered questions from committee members. The presentation delved into the structure of the court system and the types and volume of the different cases that come before the courts. The OJD’s presentation can be found here.

In addition to an overview of the court system, the OJD presented three bills to the Judiciary Committees. In the morning, the Senate Judiciary Committee heard testimony in support of SB 186, which updates the references to the consumer price index for the Oregon Tort Claims Act. In the afternoon, the House Judiciary Committee heard testimony in support of increasing judicial compensation (HB 2238) and increasing the number of circuit court judges in Oregon (HB 2239). Supporting adequate and stable judicial funding is one of the OSB’s legislative priorities for the 2019 legislative session, and the Bar submitted testimony in support of both bills heard in the House Judiciary Committee. In addition, Mark Comstock, former Board of Governors member, and Lea Ann Easton, chair of the OSB’s work group tasked with updating The Specific Standards for Representation in Juvenile Dependency Cases traveled to the Capitol to testify in support of these two pieces of legislation.

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Oregon State Bar Focuses on Consumer Protection in Salem

On January 30, Christine Costantino, 2019 Oregon State Bar (OSB) President, and Amber Hollister, OSB General Counsel, traveled to Salem to represent the Bar. At the request of the House and Senate Judiciary Committees, they discussed the Bar’s 2019 Legislative Priorities and the 2019 Law Improvement Package, provided legislators with an overview of the OSB, and met with legislators. In addition, the Senate Judiciary Committee held a public hearing on SB 358, the 2019 Bar Act bill.

The presentation highlighted the Bar’s commitment to consumer protection, access to justice, and a fair and impartial judiciary. Legislators had an opportunity to learn about the Bar’s Lawyer Referral Service, including the Modest Means Program and the Military Assistance Panel; the Client Security Fund; and Bar member involvement with the Campaign for Equal Justice. The OSB looks forward to working on these important issues during the 2019 legislative session.

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Oregon State Bar Bills Receive First Hearing in Senate Judiciary Committee

On February 4, three of the OSB Law Improvement Program bills received a public hearing in the Senate Judiciary Committee. SB 359, the Business Law Section’s proposed bill to ratify defective corporate acts, received a public hearing and a work session and will move out of committee and to the Senate floor. SB 360, the Nonprofit Organizations Law Section’s proposed bill to update ORS Chapter 65, Oregon’s law on nonprofit corporations, received a public hearing. SB 361, the Sustainable Future Section’s proposed bill to update Oregon’s Prudent Investor Rule, also received a public hearing. Thank you to Valerie Sasaki and David Ludwig of the Business Law Section, Susan Bower of the Nonprofit Organizations Law Section, and June Wiyrick Flores of the Sustainable Future Section for making the trip to Salem on a snowy Monday morning.

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Bills of Interest

Oregon Judicial Department
HB 2238 – Modifies annual salaries of judges of Supreme Court, Court of Appeals, circuit courts and Oregon Tax Court.
HB 2239 – Increases number of circuit court judges in certain judicial districts.
HB 2240 – Authorizes State Court Administrator to establish Central Violations Bureau and designate employees to act as violations clerks.
HB 2241 – Authorizes Chief Justice of the Supreme Court to impose fees on public bodies for use of certain electronic court services.
SB 186 – Changes index for determining cost of living adjustments to limitations on damages under Oregon Tort Claims Act.
SB 187 – Provides that judicial marshal certified by Department of Public Safety Standards and Training qualifies as police officer under Public Employees Retirement System.

Oregon State Bar
SB 357 – Directs Oregon State Bar to include in Legal Services Program methods of evaluation of legal services providers and support for Judicial Department’s efforts to improve public access to and information about court system.
SB 358 – Removes provisions prohibiting Oregon State Bar from charging membership fees to members admitted to practice law for 50 years or more, modifies provisions relating to information provided to bar by Department of Revenue, and modifies provisions regarding submission of certification and disclosures for lawyer trust accounts.
SB 359 – Provides structure and procedures by which business corporations and nonprofit corporations may ratify and approve defective corporate actions.
SB 360 – Updates laws that govern nonprofit corporations in this state.
SB 361 – Modifies prudent investor rule to allow trustee to consider environmental, social and governance factors of investments when making investment decisions.
HB 2459 – Provides procedure for certain persons that hold interest in real property to request and obtain lien information statement that shows amounts necessary to satisfy encumbrance against real property from other person that holds encumbrance.
HB 2460 – Provides that transferee of homestead is not liable for amounts of outstanding deferred property taxes due on homestead if transferee receives no interest in real or personal property from estate.

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Save the Date

President’s Legislative Reception
Thursday, February 21, 2019
5:00pm – 7:00pm
Salem Convention Center
200 Commercial St SE, Salem, OR 97301

Oregon State Bar Day at the Capitol
Wednesday, May 8, 2019
8:00am – 5:00pm
Willamette University Hearings Room & OCJC Lobby
900 State St, Salem, OR 97301

If you are interested in attending either event, please contact Kellie Baumann at [email protected].

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Oregon Legislature Gears Up for 2019 Legislative Session

The 2019 legislative session begins Tuesday, January 22, 2019, and the legislature is gearing up.  Committee membership has been published, committee schedules have been released, and pre-session filed bills have been posted on the Oregon Legislative Information System (OLIS).

The Public Affairs Department 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 Kellie Baumann in the Public Affairs Department at [email protected], to ensure that legislation is included in the section’s bill-tracking list.

As bills are introduced, the Public Affairs Department 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 the Public Affairs Department 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 the Public Affairs Department. Proposed legislation will be posted on the Oregon Legislative Information System (OLIS).

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Proposed Changes to the UTCR – Request for Public Comment

The Uniform Trial Court Rules committee met on October 5, 2018, to review proposals to amend the UTCR and to make preliminary recommendations to the Chief Justice of the Oregon Supreme Court. A description of the proposals and action taken by the committee is posted at: http://www.courts.oregon.gov/programs/utcr/Pages/currentrules.aspx.

Proposals of special note address the certificate of document preparation; translations of exhibits; consumer debt-collection cases; exhibits in juvenile cases; filing of the DMV record; extreme-risk protection orders; notice of filing expedited matters; electronic signatures on declarations; and statewide postconviction-relief rules.

The committee encourages all interested parties to submit comments on the proposals. Comments can 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 97301-2563; or emailed to [email protected]. In order to be considered by the committee, public comment must be received by the UTCR Reporter by 5:00 p.m. on February 22, 2019.

The committee will make final recommendations on these proposals at the next UTCR meeting on March 8, 2019, at 9:00 a.m.

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Oregon State Bar Adopts 2019 Legislative Priorities

On January 11, 2019, the Oregon State Bar’s Board of Governors met in Tigard. As part of their meeting, the Board adopted their 2019 Legislative Priorities. The Oregon State Bar looks forward to supporting its partners in the judicial branch in advocating for adequate funding for Oregon’s court system, civil legal aid, and indigent defense, as well as supporting the bar’s law improvement priorities.

1. Support Court Funding. Support for adequate funding for Oregon’s courts.

• • • Citizens Campaign for Court Funding. Support the statewide coalition of citizens, businesses, and community groups formed to ensure adequate and stable court funding.
    • Court Facilities Funding. Work with the legislature and the courts to make critical improvements to Oregon’s court facilities.
    • Judicial and Staff Resources. Support the request for additional judges and staff to ensure access to justice.

2. Support Legal Services for Low-Income Oregonians.

• • • Civil Legal Services. Increase the current level of funding for low-income legal services.
    • Indigent Defense.
    • • • Public Defense Services. Constitutionally and statutorily required representation of financially qualified individuals in Oregon’s criminal and juvenile justice systems:
          • Ensure funding sufficient to support adequate compensation for publicly funded attorneys in the criminal and juvenile justice systems.
          • Support reduced caseloads for attorneys representing parents and children.
          • Support efforts to ensure the right to counsel for adults at the trial level in Oregon.

3. Support OSB 2019 Law Improvement Package and Continue to Engage with Ongoing Legislative Work Group and Task Force Proposals.

Additional information on the budgets of the Oregon Judicial Department and the Public Defense Services Commission can be found on their websites.

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Oregon Law Commission Completes Report on Workplace Harassment in the Legislature

In the spring of 2018, the Oregon Legislature requested that the Oregon Law Commission “advise the Legislative Assembly on how best to revise its laws and policies related to workplace harassment.” Led by the chair, P.K. Runkles-Pearson of Miller Nash Graham & Dunn LLP, and a member of the Oregon Law Commission, the work group  conducted a review of the legislature’s process and policies for addressing workplace harassment. During the December 2018 legislative days the Oregon Law Commission submitted its final report from the Oregon State Capitol Workplace Harassment Work Group to the legislature for consideration.

After review of the legislature’s process and procedures, the work group organized its recommendations into two spheres: cultural change (Training and Culture) and enforcement (Workplace Harassment Policy). In addition, the work group provided a suggested definition of “workplace harassment” for consideration by the legislature and suggestions on implementing the work group’s recommendations.

The Oregon Legislature is expected to respond to the report during the 80th Legislative Assembly, which begins on January 22, 2019, and runs through June 2019.

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