2014 Legislative Session Convened February 3Rd Access to Justice

February 12, 2014 OSB Public Affairs Newsletter for Bar Leaders

2014 PUBLIC AFFAIRS COMMITTEE

Travis Prestwich, Chair, Salem Hunter Emerick, Vice-Chair, Salem Patrick Ehlers, Portland Matthew Kehoe, Hillsboro Audrey Matsumonji, Gresham Timothy Williams, Bend Ray Heysell, Medford Caitlin Mitchel-Markley, Hillsboro John Mansfield, Portland Simon Whang, Portland

Next Legislative Events 2014 Legislative Session Convened February 3rd As the 2014 session approaches, here are some deadlines that The 2014 legislative session is referred to as the House and Senate leadership have set a number will come into play: short session for good reason. Legislative ses- of internal deadlines to ensure that the short session finishes within its constitutionally estab- sions during even numbered years are constitu-  February 20, 2014: OSB lished window. The first deadline falls on Feb- Legislative Reception tionally limited to 35 calendar days. Further, ruary 7, just a few days after the session opens. while legislators, committees, the executive A complete calendar is posted on the Secretary  March 9, 2014: Deadline branch, and the judicial branch are all restricted of the Senate’s webpage. The short session must for adjournment of 2014 be completed on March 9, 2014. in the number of bills they can draft and intro- session. duce, there is still the potential for over 250 bills The Public Affairs Department has been review-  April 17, 2014: Participate in Oregon State Bar’s to move through the system. This can result in a ing every introduced bill and forwarding infor- Legislative Forum hectic pace and a jam packed schedule. mation to the appropriate Bar section. For information on bills tracked by Bar section, please  June 1, 2014: Submit con- The 2014 short session opened on February 3, visit the Public Affairs Department’s webpage. cepts to Legislative Coun- sel for drafting 2014. Bills submitted to the Secretary of the In addition, bills are available for review on the Senate or the Clerk of the House by January 21, Oregon Legislative Information System. If there  February 2, 2015: The prior to the opening of the legislative session, is a specific issue or bill that you or your section 2015 Legislative Session begins were not treated as confidential by either cham- is interested in, please let us know. ber. Senators, however, had until February 3, Reminder: Deadline for bar bills 2014, the first day of session, to submit bills. Bills filed in the Senate after January 21 were April 4, 2014 is the deadline treated as confidential until they had been intro- for sections and committees to submit legislative proposals to duced on the Senate Floor. the Public Affairs Department for bar sponsorship in the 2015 session. The materials should Access to Justice prioritized in 2014 Session describe the proposal in detail and include draft bill language. This session, the Oregon State Bar Board of This amount increased by 61.5% between 2000 Governor’s legislative priority continues to be and 2011. Currently, there are 90 legal aid attor- access to justice. In this vein, the bar will be neys in Oregon or one legal aid attorney for eve- PUBLIC AFFAIRS DEPARTMENT supporting a proposed increase in legal aid fund- ry 9,444 qualifying Oregonian. National stand- Susan Grabe, ing. ards suggest that the minimum standard is two Public Affairs Director Amy Zubko, legal aid attorneys per 10,000. Public Affairs Legislative Attorney Over the last several years, funding for legal aid Matt Shields, services has decreased, while the need has dra- Since 1977, legal aid services has received fund- Public Affairs Staff Attorney matically increased in light of the recession. ing through civil court filing fees. In 2011, this Amanda Lunsford, There are 850,000 low income Oregonians who Public Affairs Assistant (Continued on page 2) currently qualify for receiving legal aid services.

February 12, 2014 Capitol Insider

(Continued from page 1) Services of Oregon, and Mark Comstock, a member of both the Oregon Law Center, and Legal Aid Services of Oregon Board of amount was statutorily defined at $11.9 million every two years Directors, as well as a member of the Campaign for Equal Jus- or $5.95 million annually. This covers approximately 40% of the tice’s Task Force on Legal Aid Funding, testified in support of budget for legal aid services with the remaining funding coming the funding increase. The Committee passed the bill out of com- from federal grants, private support, and interest from lawyer mittee unanimously. trust accounts. In total, legal aid services receive funding from In order for the funding increase to pass, the bill will first need to approximately 80 distinct sources. HB 4053, if passed, would pass through the Joint Committee on Ways and Means, the Legis- increase the biennial appropriation. lature’s budgeting committee. The next revenue forecast, released HB 4053 had its first hearing in the House Judiciary committee on February 12, will help legislators identify if any additional on Wednesday, February 5. Travis Prestwich from the Board of funds are available. Governors, Janice Morgan, the Executive Director of Legal Aid Efees Legislation Removes Sunset, Establish Filing Fees

The Bar has been actively involved in tracking the implementation of eCourt and its attendant filing fees during the 2009, 2011, and 2013 legislative sessions. In 2013 the Legislature adopted HB 2562, which increased some filing fees for the purpose of funding the ongoing eCourt implementation. HB 4066 would maintain this revenue source to support eCourt implementation, as well as provide the Chief Justice with permanent authority to establish reasonable fees for the new Oregon Judicial Case Information Network after an appropriate notice and comment period.

House Judiciary held a public hearing and work session, on Thursday, February 6. The Committee passed the bill out of committee. Similar to HB 4053, this bill will need to travel through the Joint Committee on Ways and Means for a review of its budgetary impli- cations. Representative Garrett moves to Oregon Court of Appeals, Ann Lininger joins the Legislature

On December 24, 2013, Governor Kitzha- form. In addition, Representative Garrett Commissioners, again from both Clacka- ber announced the appointment of Repre- was the Speaker pro tempore and the chair mas and Multnomah Counties, met in a sentative Chris Garrett (D Lake Oswego) of the House Rules Committee. His joint session on January 29 and picked to the Oregon Court of Appeals. He will knowledge of both the legal and the legis- Ann Lininger as the new representative of be replacing Judge David Schuman whose lative process and his support of many of District 38. Representative Lininger is a former Clackamas County Commissioner retirement took effect on February 1, 2014. the bar’s priorities were invaluable and is currently general counsel for Ore- Representative Garrett resigned from his throughout his time as a representative. He gon Ironworks. She was sworn in on Feb- seat on December 31 with his resignation will be greatly missed. ruary 3, 2014 and has been assigned to the taking effect on January 6. Five candidates expressed interest in the following committees in the House: Ener- gy and Environment, Human Services and Representative Garrett joined the House of position: Ann Lininger, Sonya Fischer, Housing, and Judiciary. Representatives in 2008. During his six Moses Ross, Miles Eshaia, and Patty years in the Legislature, he participated in O’Sullivan. Democratic precinct commit- a successful redistricting process in 2011 tee members from both Clackamas and Multnomah counties met on January 15 as well as the Public Safety Commission and selected Ann Lininger, Sonya Fischer, charged with developing sentencing re- and Moses Ross as nominees. County

March 6, 2014 OSB Public Affairs Newsletter for Bar Leaders

2014 PUBLIC AFFAIRS COMMITTEE

Next Legislative Events Access to Justice Efforts Continue As the 2014 session winds down, here are some deadlines Oregon’s legal aid services programs are facing On Wednesday, February 5, 2014, the House that will come into play: a critical need in funding. Between 2000 and Judiciary Committee held a public hearing and 2011, there was almost a 62 percent increase in work session on the bill. The bill received bipar- March 9, 2014 – Constitu- tional Sine Die the number of Oregonians eligible to receive tisan support and passed out of committee with a legal aid services. Current funding levels support unanimous vote. HB 4053 moved to the Joint April 4, 2014 – Law Improve- a statewide staff of 90 attorneys and legal aid Committee on Ways and Means where it could ment Proposals due services has the resources to meet 15 percent of be heard in the Public Safety Subcommittee. April 17, 2014 – Legislative the civil legal needs of low-income Oregonians. Forum This session, funding for legal aid services has HB 4143 In addition to the Bar’s efforts with HB 4053, Representative Tobias Read (D – Bea- May 12, 2014 – Multnomah been front and center on the legislative agenda, eCourt goes live with two separate proposals to increase legal aid verton), submitted HB 4143 for consideration. funding. Originally, HB 4143 would have sent residual or May 28 – 30, 2014 – Legisla- unclaimed funds from a class action lawsuit to tive Days HB 4053 This legislative session, the Oregon the Oregon Rainy Day Fund. The bill was Reminder: Deadline for bar State Bar, in conjunction with the four legal ser- amended in the House Judiciary Committee by bills vices providers in Oregon, introduced a bill to Representative Jennifer Williamson (D – Port- April 4, 2014 is the deadline increase funding for legal aid services. HB 4053 land) and the residual funds would be deposited for sections and committees to would increase the statutory appropriation for to a new account, “the legal aid supplementary submit legislative proposals to legal aid funding. Currently, legal aid services account.” Interest from the account would be the Public Affairs Department receive funding from civil court filing fees. This transferred to the Oregon State Bar for legal aid for bar sponsorship in the 2015 session. The materials should bill would increase the amount of civil court programs on a quarterly basis. describe the proposal in detail filing fees distributed to legal aid services. and include draft bill language. The bill passed the House with a 36-21 vote and is scheduled for a vote in the Senate today.

Sections Weigh In on Proposed Legislation

PUBLIC AFFAIRS DEPARTMENT As we enter the final week of the legislative The Family Law Section submitted written testi- session, a number of sections are actively partic- mony to the Senate Veterans and Emergency Susan Grabe, ipating in the legislative process. Three sections Services Committee in opposition to SB 1505 Public Affairs Director Amy Zubko, have come out in either support or opposition of for a public hearing on February 5. The bill Public Affairs Legislative Attorney specific legislation and 11 sections are actively would exclude veterans’ disability benefits from Matt Shields, tracking approximately 100 of the 262 bills in- any calculation of earnings, income, and re- Public Affairs Staff Attorney troduced. sources available to a party for the purposes of Amanda Lunsford, Public Affairs Assistant paying spousal support. SB 1505 would remove (Continued on page 2)

March 6, 2014 Capitol Insider

(Continued from page 1) SB 1552 would have modified the naming requirements under UCC Article 9-503 to require a debtor’s name on a financing the court’s discretion to determine whether it would be appropri- statement to exactly reflect the debtor’s name on his or her most ate to include the benefits when creating, modifying, or terminat- current and unexpired driver’s license. Current law, found in ing spousal support. The bill was not scheduled for a work ses- ORS 79.0503, allows either the debtor’s name as its found on his sion prior to February 7 at 5 p.m. and as such, will not move for- or her most current and unexpired license or the debtor’s ward absent parliamentary maneuvers. “individual name,” the debtor’s surname and first personal name. Both alternatives were approved by the Uniform Law Commis- The Labor and Employment Section submitted testimony to the sion and the American Law Institute. A similar concept was pro- Joint Committee on Ways and Means General Government Sub- posed in 2012 and in 2013 and both times the Oregon Legislature committee regarding the funding of the Employment Relations rejected the proposed changes. The bill was assigned to the Sen- Board (ERB) and specifically funding for traveling expenses for ate Judiciary Committee; however it did not have a public hear- state mediators. The ERB, like many other state agencies, had ing or work session. two percent of its biennial budget held in reserve last July to be released either during the current legislative session or by the Thank you to all the section members who are tracking bills, Emergency Board. The subcommittee met on February 6 and the drafting testimony, and traveling to the Capitol to weigh in on increase in funding and limitation authority requested by the ERB proposed legislation during the short legislative session. If a bill was approved by the subcommittee to be included in a budget or issue raises concerns or questions within your section, please reconciliation measure. contact the Public Affairs Department at [email protected].

The Debtor-Creditor Section submitted testimony to the Senate Judiciary Committee in opposition to SB 1552 on February 12.

Proposed Patent Legislation Passes the Legislature

This session, SB 1540 was sponsored by Senator Jackie Winters (R - Salem) and Representative Jennifer Williamson (D - Portland). The bill prohibits bad-faith claims of patent infringement and would allow the Oregon Department of Justice to investigate and take action if an Oregon resident received a demand letter alleging, asserting, or claiming patent infringement in bad faith. Further, it would allow the recipient of the claim to bring action under the Unfair Trade Practices Act.

Senator Winters introduced SB 1540 in response to a constituent request. The constituent received a letter and complaint from a law firm in Texas asserting several patent infringement claims regarding the use of a copier/scanner and a local area network. Because the asserted claims were business to business, when the constituent approached the Department of Justice (DOJ) for assistance, the DOJ was not able to take any action.

The bill passed the House and Senate and is on its way to the Governor for his signature. Thank you to the Intellectual Property Sec- tion for reviewing proposed language and monitoring the bill throughout the legislative process.

March 20, 2014 OSB Public Affairs Newsletter for Bar Leaders

2014 PUBLIC AFFAIRS COMMITTEE

Want to find out more about Work Group Streamlines Definitions for Elder Abuse Reporting eCourt? On January 1, 2015, reporting requirements for background check system. These changes came  A number of orientation Oregon State Bar members will be expanded to about after extensive work by representatives sessions have been sched- include elder abuse. After extensive work by the from the Oregon Department of Human Services uled in the coming months throughout Multnomah Oregon Elder Abuse Work Group, established and the Oregon Health Care Association, as well county. A schedule of under HB 2205 in the 2013 legislative session, as Lara Johnson and John Lamborn, who were sessions and locations can the definition of abuse was aligned and refined appointed to the workgroup by the Oregon State be found here. In addition, there will be a series of when applied to the elderly, resulting in new Bar’s Board of Governors. sessions at the Multnomah definitions of “neglect” and “sexual abuse.” The County Courthouse in the new definitions are found in sections 9 and 11 of The Oregon Elder Abuse Work Group, now re- main jury room on Fridays HB 4151 which passed during the 2014 legisla- named the Oregon Elder Abuse Prevention starting in late March.  Want to know the differ- tive session. In addition, the bill standardizes the Work Group, will continue to focus on these ence between ACMS and statutory timeline for Oregon Department of issues in the coming months and possibly return OJIN? Check out the Ore- Human Services (DHS) to investigate and report during the 2015 legislative session with addi- gon eCourt Glossary here. on elder abuse across types of care facilities, as tional modifications.  Have questions about the well as requires DHS to augment their existing conversion to eCourt? Contact Ore- [email protected]. eCourt Fees Bill Passes Legislature with 3/5th Vote

Reminder: Deadline for bar During the 2013 session, the legislature passed clarifies that the Chief Justice has specific statu- bills HB 2562, which made a number of changes to tory authority to establish reasonable fees for the April 4, 2014 is the deadline both the amounts and the distribution of some use of the Oregon Judicial Case Information for sections and committees to court fees. The approximately 5 percent increase Network (OJCIN), which incorporates OJIN, the submit legislative proposals to in court filing fees, which were directed to the appellate case management system, and eCourt. the Public Affairs Department State Court Technology Fund, had a sunset and The fees must be reasonable and be reasonably for bar sponsorship in the 2015 session. The materials should were due to revert back to their original amounts calculated to recover or offset court technology describe the proposal in detail on July 1, 2014. The Oregon Judicial Depart- costs. and include draft bill language. ment returned to the legislature this February with HB 4066 The bill not only removes the HB 4066 passed the House 43-15 (with two ex- PUBLIC AFFAIRS DEPARTMENT sunset on the increase in the filing fees, it also cused) and the Senate 28-1 (with one excused).

Susan Grabe, Public Affairs Director Budget Rebalance Releases Funding to Judicial Department Amy Zubko, Budget Public Affairs Legislative Attorney Matt Shields, Public Affairs Staff Attorney During the waning days of the 2014 session, the When the legislature crafted the current budget Amanda Lunsford, legislature restored a little more than $3 million in the spring of 2013, the co-chairs of the Joint Public Affairs Assistant of the Oregon Judicial Department’s 2013 to Ways and Means Committee, Senator Richard 2015 General Fund budget. (Continued on page 2)

March 20, 2014 Capitol Insider

(Continued from page 1) providing the 2% hold back . . . to agencies to supplement second year of the biennium budgets.” Devlin (D – Tualatin) and Representative Peter Buckley (D – Ashland), held back 2 percent from each state agency’s General Generally, under HB 5201 each affected agency will receive 25 Fund or Lottery Funds budget, which created a “supplemental percent of its holdback for a total of $68 million, although there ending fund balance” of approximately $180 million. Similar to are a number of exceptions. The Oregon Judicial Department, the 2011 to 2013 session, the co-chairs indicated that “if econom- however, will receive approximately 49 percent of its 2 percent ic conditions stabilized or improved between the 2013 regular supplemental ending balance hold back. The funds will be split session and . . . February 2014, consideration would be given to between the operations budget, pass-through appropriations, man- dated payments, and third-party debt collections.

Legal Aid Funding Stirs Debate

This session, the critical need for additional funding for legal aid first modified the statutory allocation for legal aid services in services was addressed in two bills: HB 4053 and HB 4143. Ap- Oregon. Under HB 4053, the statutory allocation would have proximately 850,000 Oregonians meet the income qualifications been increased. The bill passed out of the House Judiciary Com- for legal aid services; however, Oregon has only 90 legal aid at- mittee with bipartisan and unanimous support to the Joint Ways torneys. National minimal standards indicate that there should be and Means Committee. However, by the end of the session, HB at least 2 legal aid lawyers for every 10,000 that qualify. Oregon 4053 had not received another hearing and died in committee. is currently providing 1 legal aid attorney for every 9,444. HB 4143 was proposed by Representative Tobias Read (D - Bea- Legal aid funding comes primarily from four sources: federal verton) and originally directed unclaimed funds from class action funding, state funding, interest from Lawyer Trust Accounts lawsuits to Oregon’s Rainy Day Fund. The bill was amended in (IOLTA), and private donations through the Campaign for Equal the House Judiciary Committee to direct the unclaimed funds to Justice. While private donations through the Campaign for Equal legal aid services. The bill passed the House on a 36-21 vote Justice have increased, federal and IOLTA funding has decreased (with three Representatives excused) and failed to receive a ma- over the last decade. Currently, Oregon’s legal aid programs are jority of the votes in the Senate, dying after a 15-15 floor vote. meeting approximately 15 percent of the civil legal needs of low- income Oregonians. While supporters of Oregon’s legal aid services were disappoint- ed by the outcome of both bills, many advocates were encour- In response to the need for additional funding, two legislative aged by the strong declarations of bipartisan support for the ser- concepts were proposed during the 2014 legislative session. The vices that legal aid provides for the most vulnerable Oregonians.

Dave Barrows, “Dean of the Oregon Lobby,” Passes Away

Dave Barrows, a longtime lawyer lobbyist, passed away on March 15, 2014. Mr. Barrows was awarded the 2012 Award of Merit for his commitment to fair dealing and practice in the spirit of the Oregon State Bar’s Statement of Professionalism.

A graduate of Willamette University and Willamette University School of Law, Mr. Barrows began lobbying in 1959 and was actively representing clients in Salem during the 2014 legislative session. Over the years, he represented a wide variety of clients, including the Oregon League of Financial Institutions, Burlington Northern Santa Fe, Chemical Waste Management of the Northwest, OMSI, and Salem YMCA.

In addition to his work advocating for his clients, Mr. Barrows was a mentor to generations of lawyers and lobbyists in Salem. He was recognized by a number of lawyer lobbyists as someone who, “publicly and consistently demonstrate[d] integrity, honesty, and willing compliance with the letter and spirit of the rules of the lobby and with the highest ethical standards.” For a number of years he was able to share those principles through the “How to Lobby the Legislature” CLE and the Bar’s biennial Legislative Tips Workshop and handbook. The Bar sends its deepest sympathies to the Barrows family.

April 30, 2014 OSB Public Affairs Newsletter for Bar Leaders

2014 PUBLIC AFFAIRS COMMITTEE

Next Legislative Events Oregon eCourt going live in Multnomah County on May As the 2014 session approaches, here are some deadlines that 12th will come into play: As the calendar rushes towards May 12, the final touches on Multnomah County’s conversion to  May 28-30, 2014 Legisla- Oregon eCourt are being put into place. Since the last issue of the Capitol Insider, there have been tive Days some changes to the schedule for the next few months. Specifically, on Friday, May 9, 2014 the  June 1, 2014: Submit con- Multnomah County conversion process will require that all 10 circuit courts currently running on cepts to Legislative Coun- the Oregon Electronic Court Information (OECI) system be off-line for the day and those courts sel for drafting will be closed. The ultimate goal, however, is to have access to not only all OECI cases, but also  February 2, 2015: The possibly document access for Oregon State Bar members up and running on Tuesday, May 27, 2015 Legislative Session begins 2014.

The Democratic and Republi- can Primary Elections are Please note all information is subject to change. For the most recent information, please visit the coming up. Oregon Judicial Department’s website or the Multnomah Bar Association’s website . Ballots will be sent to voters beginning on April 30, 2014 Monday May 5: At 5:30 p.m. OJIN is locked down and Multnomah County cases will no and may be dropped off longer be updated in OJIN or OJIN OnLine; the data will be viewable through May 20, 2014 at 8:00 but not current. p.m. at drop-off locations throughout the state. Thank you Tuesday - Friday There will not be access to electronic records in Multnomah County and to all of the lawyer candidates. May 6-9: entries will not be made to any registers.

Friday May 9: All 10 circuit courts currently on OECI will be closed. There will not be access to those 10 courthouses and no remote access to case registers in those courts. Items may be submitted via eFiling on May 9 but they will not be accepted on that day. The statutes of limitations will be tolled on May 9 for the 10 courts using OECI. During this time, two million active cases will be loaded into OECI for Multnomah County.

Saturday May 10: The first day that items filed and/or signed for May 6-May 9 will be entered into the new system register in Multnomah County.

PUBLIC AFFAIRS DEPARTMENT Saturday –Monday No remote access to Multnomah County case registers, however court May 10-26: staff will be available to answer questions by phone. The online calen- Susan Grabe, dar function will not be available but static calendars may be posted. Public Affairs Director Any noncriminal judgments posted during this timeframe will have Amy Zubko, notice of entry of judgment sent out to parties. Public Affairs Legislative Attorney Matt Shields, Public Affairs Staff Attorney Monday May 12: eDay. The Multnomah County Circuit Court opens with all processes Amanda Lunsford, operating in the OECI system. Court staff will have access to all case Public Affairs Assistant information, but OJIN OnLine users will not. The court will send

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April 30, 2014 Capitol Insider

(Continued from page 1)

notices of hearings, trials, and entered judgments electronically to the e- mail address for the attorney of record in the case. It is the responsibility of the attorney to keep the e-mail address accurate and to make arrangements for others to have access to the e-mail if necessary. Friday May 17: At 5:30 p.m. OECI courts will be off line through the weekend and the remaining eight million inactive cases for Multnomah County will be loaded into OECI.

Monday - Thursday No electronic/remote access to the case management system and calendaring in Multnomah May 19-22: County or the 10 other OECI courts. However, court staff will be available by phone to answer questions and the kiosks will be up and running in the courthouse. Electronic notices will still be sent to the attorney of record. There will be no online calendar function; however static calendars may be available. Any noncriminal judgments posted during this timeframe will have notice of entry of judgment sent out to parties.

Wednesday May 21: Multnomah County Circuit Court will be given access to the inactive cases in OECI. Data review testing must be conducted to verify that the case conversion data is valid.

Tuesday May 27: OECI cases and possibly access to documents will be available to OJIN OnLine subscribers.

Temporary Fees in place for Oregon eCourt, Permanent Fees coming soon

The Oregon Judicial Department, which instituted temporary fees may vary depending on whether a subscriber is new to OJCIN/ for the use of the Oregon Judicial Case Information Network OJIN Online or is an existing subscriber. (OJCIN) on April 1, 2014, has proposed a permanent fee structure for both OJCIN Online and the Oregon Judicial Network The temporary billing rates for OJCIN OnLine can be found at (OJIN) Online. During the 2014 session, the legislature passed http://courts.oregon.gov/OJD/OnlineServices/OJIN/Pages/accoun HB 4066, which allows the Chief Justice to implement both tem- tingrates.aspx. To submit comments regarding the permanent porary and permanent fees. Although the bill did not require a fees, please e-mail [email protected] using OJCIN Fee comment period for the temporary fees, it does require the Ore- Comment in the subject line, or send your comments by regular mail addressed to “OJCIN Fee Comment,” c/o Business and Fis- gon Judicial Department to solicit comments on the proposed cal Services Division, Oregon Judicial Department, Salem, OR permanent fees. 97301. Comments on the proposed permanent fees must be received no later than June 2, 2014. The permanent fees will mirror the temporary fee structure cur- (http://courts.oregon.gov/OJD/docs/OnlineServices/OJIN/CJO_1 rently employed and is expected to be used until the new web 4-015.pdf). portal is in place, approximately one year from now. Billing rates

Document access for Oregon State Bar members

Oregon State Bar members who are Oregon Judicial Case Information Network (OJCIN) subscribers will soon have document access through OJCIN OnLine. Historically, attorneys have been able to access public case register information electronically. In the next three to six weeks, not only will a current subscription to OJCIN OnLine allow Oregon State Bar members to access public case register information from the Oregon Judicial Network (OJIN), the Oregon Appellate Case Management System (ACMS), and the Oregon eCourt Case Information (OECI) system, it will also allow attorneys to have document access through the OECI system.

Currently 10 Oregon circuit courts are using the OECI system. In addition, Multnomah County will be making the switch to OECI in May, which will allow document access by late May or June 2014 as well. If a court has made the switch to OECI, OJCIN OnLine subscribers and designated government users (http://courts.oregon.gov/oregonecourt/Pages/index.aspx) should be able to see all pub- (Continued on page 3)

April 30, 2014 Capitol Insider

(Continued from page 2) For example, some types of cases subject to the federal Violence Against Woman Act and juvenile cases may require attorneys to lic documents for which court staff made an entry in the Register contact the Oregon Judicial Department for access. of Actions after the court’s go-live date. Access to documents in public case types will be be found at: https:// Lawyers who are not subscribers to OJCIN OnLine will have publicaccess.courts.oregon.gov/PublicAccessLogin/Login.aspx access to eFiled documents from cases for a limited time through In some cases online access to case information will be restricted. the File & Serve system if they are the attorney of record. Ongo-

Oregon eCourt Orientation Video

The Multnomah Bar Association hosted a Multnomah County Presiding Court Update in January regarding Oregon eCourt implementation in Multnomah County. A video of the presentation by Judge Nan Waller, presiding judge of Multnomah County, and Ed Jones from the Office of State Court Administrators is available on the Multnomah Bar Association’s website.

2015 Law Improvement Program

On April 17, 2014 the Public Affairs Committee of the Oregon State Bar’s Board of Governors hosted its third Legislative Fo- This past week, on April 25, 2014, the Board of Governors ap- rum. Seventeen bar groups submitted between one and three proved the legislative package to be submitted to the Oregon proposals for consideration by the Board of Governors to be in- State Legislature’s Office of Legislative Counsel. Public Affairs cluded in the Oregon State Bar’s Law Improvement Program (LIP) for the 2015 Legislative Session. Proposals ranged from Department staff is looking forward to continuing to work with modifying the timeline for filing hardship affidavits in tax court bar sections, groups, and committees as they review language and cases to creating a process to allow board members and share- communicate with stakeholders and state agencies to fine-tune holders to ratify corporate acts. The full list of proposed LIP the bar’s LIP proposals. legislative concepts can be found on the Oregon State Bar’s Pub- lic Affairs Department webpage.

June 5, 2014 OSB Public Affairs Newsletter for Bar Leaders

2014 PUBLIC AFFAIRS COMMITTEE

Next Legislative Events Revenue Forecast Up As the 2014 session approaches, here are some deadlines that will come into play: The Legislature met in Salem on May 28th for the first time since the close of the 2014 Legislative  September 15-17, 2014 Session for three days of meetings, hearings and Senate confirmations. The first order of business Legislative Days in the Senate Finance and Revenue and House Revenue joint committee meeting on Wednesday  December 8-10, 2014 morning was the publication of the June Economic and Revenue Forecast, the second forecast of Legislative Days the year.

 February 2, 2015: The Since the March forecast, the state’s economists in the Office of Economic Analysis (OEA) have 2015 Legislative Session revised their projections for 2013-2015 revenue up by $54 million. The OEA identified an increase begins in jobs in Oregon leading to an increase in personal income tax revenue and 2013 income tax re- funds as two positive factors. According to the Legislative Revenue Office, Oregon employment was up by 7,266 jobs from the March 2014 forecast, and the first quarter personal income tax col- State of Oregon E-File & lections were up $87.7 million from the March 2014 forecast as well. Serve Training:

To Register: Click the link of The state economist, Mark McMullen, did flag Oregon’s kicker as an issue to watch in the coming the session you wish to attend months. Under Oregon law, if revenue is two percent higher than the forecast in place at the time of the 2013 regular-session legislative adjournment, the entire surplus is returned to taxpayers. Cur- Mon. June 2 - 4:00 p.m. CDT rently, “personal and other” revenue sources are $73.9 million away from triggering the kicker.

Mon. June 9 - 4:00 p.m. CDT Oregon eCourt Moving Forward: eFiling Mon. June 16 - 4:00 p.m. CDT

Mon. June 23 - 4:00 p.m. CDT Last week the Oregon Judicial Department com- eFiling of proposed orders and judgments. A Mon. June 30 - 4:00 p.m. CDT pleted the move from the Oregon Judicial Infor- pilot program with three to five law firms will mation Network (OJIN) to Oregon eCourt in begin June 23rd, and eFiling should be available Please contact Multnomah County. All 10 million Multnomah to all bar members filing in Multnomah County [email protected] with County cases, both active and inactive, should on July 7th. any questions now be available through the Oregon Electronic

Court Information (OECI) system. Bar members The Oregon Judicial Department is currently

may access the information either through public working to schedule open, large audience PUBLIC AFFAIRS DEPARTMENT kiosks at the courthouse or through Oregon presentations in Multnomah County for practi- eCourt document access. The public calendar is tioners and staff on the new system. If you are Susan Grabe, online as well. Congratulations to the Oregon interested in finding out more about eFiling, Public Affairs Director eCourt team for moving a huge amount of data Tyler Technologies, Oregon’s eCourt vender, Amy Zubko, while continuing to provide court services will be hosting Oregon eFiling seminars on each Public Affairs Legislative Attorney through the month of May! Monday in June (see sidebar for registration Matt Shields, links). In addition, a self-directed presentation is Public Affairs Staff Attorney Amanda Lunsford, Over the next month, the Odyssey File and also available. Finally, the Oregon Judicial De- Public Affairs Assistant Serve system, colloquially known as eFiling, partment has posted instructions for filing a case will be installed for Multnomah Circuit Court. electronically as well. The system will include the new process for

June 5, 2014 Capitol Insider Criminal, Juvenile Delinquency, and Juvenile Dependency Standards Updated

Recently the Oregon State Bar convened two task forces to update the standards for best practices for indigent defense providers and juvenile dependency providers. At the April 25th meeting of the Public Affairs Committee, Paul Levy of Oregon Public Defense Services answered questions regarding the updates to the “Standards for Representation in Adult Criminal and Juvenile Delinquency Cases”.

On May 23, 2014, the Public Affairs Committee adopted the “Report of the Task Force on Standards of Representation in Juvenile Dependency Cases” with a similar statement of intent. The two reports will be considered at the June 27th meeting of the Board of Governors. For their work on the indigent defense provider’s task force, we would like to thank:

Margie Paris Professor of Law, University of Oregon Shaun McCrea Private Practice in Eugene The Honorable Lisa Grief Jackson County Circuit Court Lane Borg Executive Director, Metropolitan Public Defender Julie McFarlane Supervising Attorney, Youth, Rights & Justice Shawn Wiley Chief Deputy Defender, Appellate Division, Office of Public Defense Services Paul Levy General Counsel, Office of Public Defense Services (Chair)

Thank you as well to the members of the juvenile dependency task force:

Julie McFarlane Supervising Attorney, Youth, Rights & Justice Shannon Storey Office of Public Defense Services Joseph Hagedorn Metropolitan Public Defender Leslie Harris University of Oregon School of Law Tahra Sinks Private Practice in Salem LeAnn Easton Dorsay & Easton LLP Joanne Southey Department of Justice Civil Enforcement Division

Uniform Power of Attorney Act for 2015 Session?

On May 29th, the Oregon Elder Abuse Prevention Work Group of Attorney Act (with Oregon-specific modifications) during the met to discuss the implementation of HB 4151 (2014), as well as 2015 legislative session. A subgroup of the legislative work possible legislation for the 2015 session. After a review of elder group will be created to investigate the proposal, and members of abuse legislation already passed, the legislative work group wel- the work group specifically requested assistance from Oregon comed Betsy Steinberg from Pioneer Trust Bank and Laurie Roe State Bar members familiar with the issue. Please contact the from OSU Federal Credit Union. Both spoke extensively about Oregon State Bar’s Public Affairs Department at senior financial exploitation in Oregon and proposed that the [email protected] with any questions. legislative work group consider introducing the Uniform Power

July 28, 2014 OSB Public Affairs Newsletter for Bar Leaders

2014 PUBLIC AFFAIRS COMMITTEE

Thank you to the Oregon Second Look at UTCR 21.120 State Bar members who contributed to the 2014 Ore- Recently a number of bar members contacted the Oregon State Bar with concerns about gon Legislation Highlights. UTCR 21.120. As the rule is currently written, if a scanned image of an original document Administrative Law containing an original signature of someone other than the filer is eFiled, the original copy Matt Barber with the original signature must be retained by the filer for 10 years. This requirement Janice Krem does not apply to the filer’s own signature or a signature that is a dropped image on a doc- Criminal Law ument that is being eFiled. Alex Bassos Christopher Ramras On June 24, 2014, the joint OSB/OJD Task Force on Oregon eCourt Implementation met Land Use and discussed, among other topics, UTCR 21.120. After a discussion of the genesis of the Alan Sorem rule as well as a review of the equivalent rule in the federal trial court rules, the task force Health Law agreed to review UTCR 21.120 in light of the concerns raised by bar members. Jeremy Vandehey

Elder Law Thank you to everyone who has already submitted comments to the task force. If you Michael Schmidt would like to submit additional comments, please e-mail [email protected].

Taxation Robert Manicke Privacy Forum Judicial Administration Ian Gates In late June, almost 120 people attended the A number of legislators are already working Energy and Environment Oregon Attorney General symposium, on privacy legislation for the 2015 Legisla- Law Duncan Delano “Protecting Oregon Consumers and Chil- tive Session. Proposed draft language for Mike Grainey dren in the Age of Big Data,” at the Oregon six bills was introduced at the last meeting State Bar. The symposium, hosted by Ore- of the Senate Interim Committee on General Office of Legislative Coun- sel, Oregon Legislature gon Attorney General Ellen Rosenblum, had Government, Consumer and Small Business Marisa James speakers from, among others, the Electronic Protection and additional legislation is ex- Frontier Foundation, DLA Piper, the Feder- pected. The Oregon State Bar’s Public Af- al Trade Commission, Facebook, and the fairs Department (PAD) will continue to PUBLIC AFFAIRS DEPARTMENT California Attorney General’s office. Topics track this issue as we get closer to the 2015

Susan Grabe, ranged from an Oregon specific privacy bill Legislative Session. If you have any ques- Public Affairs Director of rights to children’s online privacy and tions or concerns, please contact PAD staff Amy Zubko, Public Affairs Legislative Attorney safety. The day ended with lively breakout at [email protected]. Matt Shields, sessions addressing possible legislation, Public Affairs Staff Attorney education and outreach, and additional dis- Amanda Lunsford, cussion of children’s safety and privacy Public Affairs Assistant online.

July 28, 2014 Capitol Insider Expansion of Agency Final Order Publication on Fastcase

In 2013, the Oregon State Bar Administrative Law Section proposed a legislative concept to allow for the electronic publication of agency final orders. The concept, part of the Oregon State Bar’s Law Improvement Program package and subsequently passed as Senate Bill (SB) 52 (2013), requires Oregon agencies to keep many of their final orders in an electronically searchable format so that the Oregon State Bar may publish them through Fastcase. Under the direction of the Oregon State Bar, Fastcase will be contacting 21 agencies and requesting final orders for publication. The agencies are: Oregon Board of Accountancy, Oregon Board of Naturopathic Medicine, Oregon Appraiser Certification and Licensure Board, Oregon State Board of Nursing, Oregon Board of Chiropractic Examiners, Oregon Health Licensing Agency – Nursing Home Oregon Board of Dentistry, Administrators Board, Oregon Department of Fish and Wildlife, Oregon Board of Pharmacy, Oregon Department of Forestry, Physical Therapist Licensing Board, Oregon Government Ethics Commission, Oregon Board of Psychologist Examiners, Oregon Insurance Division, Oregon Real Estate Agency, Oregon Liquor Control Commission, Oregon Water Resources Department , Oregon Board of Massage Therapists, Oregon Department of Consumer and Business Services – Oregon Medical Board, Worker’s Compensation Division

If any questions arise, please do not hesitate to contact the Oregon State Bar’s Public Affairs Department at [email protected].

Legislation Highlights

Thank you to the Oregon State Bar members who volunteered to draft and review the 2014 Oregon Legislation High- lights. This summary of major legislation affecting the practice of law and produced by the Oregon State Bar since 1971 is published after every regular legislative session. Historically the Oregon Legislature met every other year, so the publication was also biennial. In the last decade the legislature has shifted to annual sessions, so the Highlights have been published annually since 2010. The Oregon State Bar Public Affairs Department strives to provide an even-handed and unbiased description of legislation in each annual publication. The 2014 Highlights address eight areas of law and over 70 bills. The Highlights can be found at https://www.osbar.org/secured/barbooks/viewbook.asp?bid=97.

August 25, 2014 OSB Public Affairs Newsletter for Bar Leaders

2014 PUBLIC AFFAIRS COMMITTEE

The Board would like to Oregon Judicial Department Proposes Four UTCR Out-of thank the following participants for their involve- -Cycle Amendments and UTCR 21.140 - Mandatory ment in these important work groups: eFiling This week, the Office of the State Court Administrator submitted a request for public Roderick A. Boutin Hon. Thomas O. Branford comment on five out-of-cycle modifications to the Uniform Trial Court Rules. They are:

Madeleine Campbell 1. Amend 21.040 - Format of Documents to be Filed Electronically Ryan Carty Kimberly K. Dailey 2. Amend 21.070 - Special Filing Requirements Janmarie Dielschneider 3. Amend 21.080 - Electronic Filing Deadlines Laura Graser 4. Amend 21.120 - Retention of Documents by Filers Helen M. Hierschbiel 5. Adopt new 21.140 - Mandatory Electronic Filing Danielle J. Hunsaker Megan L. Jacquot If adopted, the four amendments and one adoption will modify the current eFiling process. Robert Kaiser The amendment of UTCR 21.120, the retention of documents by filers, and the adoption Hon. Terry Ann Leggert Kristen Leonard of UTCR 21.140, mandatory electronic filing will be of particular interest to bar members. Gordon Mallon Gail L. Meyer Mandatory eFiling Channa C. Newell Under proposed UTCR 21.140, “an active member of the Oregon State Bar must file a Vanessa A. Nordyke Leslie W. O’Leary document using the electronic filing system.” This requirement will apply as of December Christopher M. Parta 1, 2014 to the courts in 11 counties that have made the switch to Oregon eCourt and the Jason M. Pistacchio remaining courts 30 business days after the date on which the court begins using the elec- Milo Pope tronic filing system. The Oregon Judicial Department has published a timeline at http:// Matthew Powell courts.oregon.gov/Oregonecourt/pages/oregoneCourtMap.aspx. Hon. Karsten H. Rasmussen Hon. Steven B. Reed Timothy A. Sylwester File Retention William E. Taylor The Oregon Judicial Department/Oregon State Bar eCourt Implementation Task Force Hon. Russell B. West would specifically like to thank the many practitioners who took the time to share their J.D. Williams comments and concerns regarding the file retention policy in UTCR 21.120. After exten- Hon. John A. Wittmayer Theresa L. Wright sive discussion, the proposed rule will require that an eFiled document with original sig- Hon. Charles M. Zennache nature(s) must be retained in its original paper form for no less than 30 days.

PUBLIC AFFAIRS DEPARTMENT Comments

Susan Grabe, The proposed amendments and the new rule are posted on the Oregon Judicial Depart- Public Affairs Director ment’s website. To view the proposed amendments and the proposed new rule, go to: Amy Zubko, http://courts.oregon.gov/OJD/programs/utcr/pages/utcrrules.aspx. Public Affairs Legislative Attorney Matt Shields, Interested in submitting a comment? Please do so by September 22, 2014 by either (1) Public Affairs Staff Attorney Amanda Lunsford, clicking on the button next to the proposed amendment on the OJD’s website, (2) send an Public Affairs Assistant email to [email protected], or (3) traditional mail (UTCR Reporter, Supreme Court Building, 1163 State Street, Salem, Oregon 97301-2563.

August 25, 2014 Capitol Insider Reports to the Judiciary Committee to be Submitted

During the 2013 Legislative Session, three bills, Senate Bill (SB) 798, 799, and 812, were submitted for consideration to the Oregon State Legislature.  SB 798 would have expanded the permissible use of alternate jurors in criminal cases.  SB 799 would have modified the process to change representation in judicial proceedings.  SB 812 would have cut the number of motions to disqualify a judge allowed in judicial districts with three or fewer circuit court judges.

All three bills were still in committee at the end of the legislative session and the proposed changes were not adopted. The chair of the Senate Judiciary Committee, Sen. Floyd Prozanski, asked the Oregon State Bar to convene a task force to address each issue and stakeholder concern with the hope of finding common ground. Over the last year, judges, attorneys, policymakers, representatives of the Oregon Judicial Department, and Bar staff met to discuss possible language.

The Oregon State Bar Board of Governors recently accepted a report from each task force, which will be presented to the Senate Judiciary Committee for consideration. The reports can be found on the Public Affairs Department’s web page. Initiatives and Referrals and Referendums! Oh my!

In late July, the secretary of state certified seven citizen Legislative Referrals and Referendum initiatives, referendums, and legislative referrals to be vot- Measure 86 - Oregon Opportunity Initiative ed on this fall. The issues range from the labeling of genet- Measure 87 - Employment of Judges ically modified foods to permitting sitting judges to accept Measure 88 - Driver Cards employment with the Oregon National Guard and state public universities. Citizen Initiatives Measure 89 - Equal Rights Amendment The secretary of state’s website has every proposed 2014 Measure 90 - Open Primary Initiative ballot measure and accompanying language listed in the Measure 91 - Control, Regulation, and Taxation of Mariju- Elections Division Initiative, Referendum, and Referral ana and Industrial Hemp Act Database. The seven measures on the November ballot are Measure 92 - Labeling and Genetically Engineered Raw listed below. If you have any questions or concerns, please and Packaged Food contact [email protected].

2015 Law Improvement Program Proposals Move Forward

Legislative Counsel is in the process of lative Counsel, reviewed and com- are, in most cases, limited in the num- turning the Oregon State Bar’s 2015 mented on by a section, and returned to ber of requests they can make. Law Improvement Program proposals Legislative Counsel. into draft language. The Public Affairs If any questions arise about the draft- Department has received draft lan- The deadline for legislators and coming or review process, please contact guage for a number of the proposals mittees to submit an unlimited number the Public Affairs Department at and there are still a handful being of proposals is September 22, 2014. [email protected]. drafted. Out of the 22 Law Improve- Legislators and committees may sub- ment Program proposals, approximate- mit requests after September 22, but ly one half have been drafted by Legis-

August 25, 2014 Capitol Insider Registered to Vote?

Are you registered to vote and is your information up to date? On November 4, 2014, Oregonians will have an opportunity to choose Oregon’s next Governor, vote in state and federal elections, and weigh in on seven citizen initiatives and legislative referrals.

Go to the secretary of state’s website (http://sos.oregon.gov/voting/Pages/default.aspx) to register to vote or to update your voter registration information.

September 30, 2014 OSB Public Affairs Newsletter for Bar Leaders

2014 PUBLIC AFFAIRS COMMITTEE

Racial and Ethnic Impact Statements Go Live for 2015 Legislative Session

The deadline to During the September Legislative Days, Senator Chip Shields hosted a forum on Senate Bill (SB) register to vote is 463. The bill requires the Oregon Criminal Justice Commission (CJC) to prepare racial and ethnic coming up! impact statements for proposed legislation related to criminal-sentencing or child-welfare policies. SB 463 was sponsored by Senator Shields and passed during the 2013 Legislative Session. If you need to register or update your registration, you can do so Impact statements must be requested in writing by one member of the legislative assembly from online at the Oregon each major political party. The statute requires the CJC to not only describe the effects of the pro- Secretary of State’s posed legislation on the criminal-offender population and recipients of human services in the state- website, by mail, or in person at the county ment, but to also include the following information: elections office.  An estimate of how the proposed legislation would change the racial and ethnic composition of the criminal-offender population or recipients of human services; House of Delegates  A statement of the methodologies used and assumptions made in preparing the estimate; Annual Meeting and Friday, November 7th  If the racial and ethnic impact statement addresses the effect of proposed legislation on the criminal-offender population, an estimate of the racial and ethnic composition of the crime victims who may be affected by the proposed legislation. Legislative Days December 8th - 10th The concept was first proposed in Oregon in 2009 by Senator Shields, Oregon attorney Jess Bar-

ton, and Marc Mauer, executive director of The Sentencing Project. Similar impact statements have been used in Iowa, Connecticut, and Minnesota.

The CJC will post a form to request a racial and ethnic impact statement on their website prior to the 2015 Legislative Session. The form should be submitted to Angela Albee, CLC Legislative Coordinator, when completed. Emergency Board Approves Funding for Housing Counselors PUBLIC AFFAIRS DE- PARTMENT During the September Legislative Days, Ore- facing foreclosure to participate in a mediation Susan Grabe, gon’s budget writers gathered for an Emergency process with their lender. While the Oregon De- Public Affairs Director Board meeting to consider 58 separate items, partment of Justice manages the mediation pro- Amy Zubko, including a request from the Housing and Com- gram, the HCSD, with financial support from Public Affairs Legislative Attorney munity Services Department (HCSD) for an the General Fund, provides housing counselors Matt Shields, additional $1.182 million for the Oregon Fore- to homeowners regarding the mediation process. Public Affairs Staff Attorney closure Avoidance Program. HCSD expects that its current funding will sup- Amanda Lunsford, port the program through December 2014, while Public Affairs Assistant During the 2012 and 2013 Legislative Sessions, the legislature created a process for Oregonians (Continued on page 2)

September 30, 2014 Capitol Insider

(Continued from page 1) The full Emergency Board allocated $659,300 from the an additional $659,300 is needed to fund the program General Purpose Emergency Fund to the HCSD to fund through March 2015. housing counselors through March 2015. At that time, additional data on the program will be available for the legis- The Alternative Dispute Resolution Section (ADR) of the lature to evaluate. Oregon State Bar, along with the Oregon Law Center, the Oregon Association of Community Dispute Resolution If your section is interested in taking a position on pending Centers (OACDRC), the Housing Alliance, and the Neigh- legislation issues, please contact the Oregon State Bar’s borhood Economic Development Corporation all submitted Public Affairs Department at [email protected] and com- testimony in support of additional funding for housing plete the Public Affairs Form. counselors. Mandatory eFiling for Oregon eCourt to be added to the Uniform Trial Court Rules

Oregon is taking the next step towards a paperless court system with the implementation of eFiling or File and Serve. The system is expected to go into effect on December 1, 2014 for attorneys filing cases in the eleven circuit courts that currently operate under the Oregon eCourt system under proposed UTCR 21.140. Mandatory eFiling in the remaining circuit courts would take effect 60 business days after each court goes live. Mandatory eFiling in the Oregon Court of Appeals and the Oregon Supreme Court is expected to go live in the spring of 2015. The implementation of mandatory eFiling for the Oregon Tax Court will be determined at a later date.

In addition to the mandatory eFiling requirement, the Oregon Judicial Department has adopted the following proposed amendments under CJO 14-049:

 UTCR 21.040 - Format of Documents to Filed Electronically  UTCR 21.070 - Special Filing Requirements  UTCR 21.080 - Electronic Filing Deadlines  UTCR 21.120 - Retention of Documents by Filers

The Oregon State Bar, at the request of the Oregon State Bar/Oregon Judicial Department eCourt Implementation Task Force, has created a one-stop web page with information on training, eFiling, ePay, document access, CLEs, and technical support. In addition, the web page has a FAQ section, links to the Oregon Judicial Department’s Oregon eCourt web page, and contact information for Tyler Technologies, the Oregon eCourt vendor.

Bill Expanding Tribal Law Enforcement Powers Nearing Sunset

On September 18th, members of tribal governments may have tribal police phased in, and took full effect on July and county law enforcement, attorneys, officers entrusted with the powers and 1, 2013. The bill is currently set to sub- legislators, and representatives of local protections of nontribal law enforce- set on July 1, 2015. government met in Grand Ronde for a ment officers in Oregon. Under the forum discussing authorized tribal po- bill, tribal police officers have greater The bill specifies a number of require- lice officers. In 2011, the legislature latitude to pursue offenders outside of ments in order for an individual to be- passed SB 412, which created a certifi- Indian country and to arrest nontribal come an authorized tribal police of- cation process whereby Oregon tribal members on tribal land. SB 412 was (Continued on page 3)

September 30, 2014 Capitol Insider

(Continued from page 2) Most of the law enforcement officers at the forum indicated the bill has been extremely effective, and has aided county ficer, including certification by the Department of Public law enforcement especially in rural areas. To varying de- Safety Standards and Training. grees, all of the presenters, including legislators in attend- ance, seemed to indicate support for continuing the collabo- Presenters discussed the larger issues raised by federal Indi- ration between tribal and county law enforcement that is an law, including historic constitutional limitations on tribal allowed by SB 412. At this time, no specific legislation law enforcement and the real life practicalities of imple- extending or repealing the sunset has been made publicly menting SB 412. available, but the issue appears likely to come before the legislature this spring.

October 23, 2014 OSB Public Affairs Newsletter for Bar Leaders

2014 PUBLIC AFFAIRS COMMITTEE

Questions About Judicial Elections? The Judicial Candidate Voting Guide has Answers

Elder Financial Abuse Ballots for the 2014 election were mailed on October 15th and must be returned to county election Listening & Learning offices by November 4th. Unlike elections for state or federal office, judicial candidates are pro- Session hibited from discussing controversial community matters in order to maintain their impartiality.

Thursday, Nov. 6, 2014 The Oregon State Bar created and published the 2014 Judicial Candidate Voting Guide in order to 1:30 p.m. - 3:00 p.m. provide Oregon voters with detailed information about judicial candidates throughout Oregon. The guide has been published during every primary and general election since 2002 based on responses Hosted by: to questionnaires sent to judicial candidates. This format allows the Oregon State Bar to assist ju-  Elders in Action dicial candidates in remaining impartial and staying within the parameters of the judicial code  Oregon AG while addressing voter questions and concerns. Generally, all candidates in contested races re- Ellen Rosenblum spond to the questionnaire, while roughly 60 percent of judicial candidates in uncontested races  Portland City participate. Commissioner Nick Fish The guide itself was adapted from the detailed questionnaires traditionally used by the Oregon

State Bar in screening appellate candidates as a service to the Governor. The profiles provide Q Center 4115 N. Mississippi background on candidates’ legal history, qualifications for judicial office, and professional and Avenue, Portland, OR civic involvement. The guide also gives candidates an opportunity to discuss the role of judges 97217 and courts, their philosophical approach to the judicial role, and important areas of the judicial system that are of particular interest or concern to them. RSVP: 503.235.5474 [email protected] In addition to the judicial questionnaires, the Bar publishes results from judicial-preference polls among Bar members in any jurisdiction with a contested race. The poll gives voters a sense of the legal community’s preferences, with the notion that lawyers may be in a unique position to assess a candidate’s legal acumen, work ethic, and judicial temperament.

First Elder-Abuse-Reporting CLE Presented During “Elder PUBLIC AFFAIRS DE- Law 2014: Emerging Challenges” PARTMENT

Susan Grabe, During the 2013 session, the legislature passed resident), they will also be required to report Public Affairs Director House Bill (HB) 2205, which expanded attorney elder abuse. Amy Zubko, mandatory reporting requirements under ORS Public Affairs Legislative Attorney 124.050. As of January 1, 2015, all active Ore- Recently the Oregon State Bar’s Elder Law sec- Matt Shields, gon attorneys will not only be mandatory report- tion hosted “Elder Law 2014: Emerging Chal- Public Affairs Staff Attorney ers of child abuse, abuse of adults with mental lenges,” which included a CLE entitled “Oregon Amanda Lunsford, illness or developmental disabilities, and abuse Lawyers’ Mandatory Duty to Report Elder Public Affairs Assistant of long-term care residents (if representing the Abuse.” The CLE, which was attended by 179 (Continued on page 2)

October 23, 2014 Capitol Insider

(Continued from page 1) CLE during their three-year reporting period. In subsequent reporting years, attorneys will need to either attend a child- attorneys, was the first CLE specifically addressing the abuse reporting CLE or an elder-abuse reporting CLE. Ad- new elder-abuse-reporting requirements. The CLE not on- ditional information may be found on each member’s dash- ly addressed the different types of abuse (financial exploi- board on the Oregon State Bar’s website. tation, neglect, verbal abuse, physical abuse, and sexual abuse) but also highlighted warning signs of abuse, walked There are a number of elder-abuse reporting CLEs sched- attendees through the reporting process, and discussed ex- uled in the next month. If you have specific questions about ceptions to the reporting requirement. the new reporting requirements, please contact the General Counsel’s office at (503) 620-0222. Beginning with the 2015 reporting year, all active Bar members will need to complete an elder-abuse reporting Notario Fraud Conference held at Oregon State Bar During the 2013 legislative session, recovery of attorney fees and the right Multnomah County District Attorney’s HB 2573 passed with bipartisan sup- to seek punitive damages. Further, un- Office, as well as private attorneys and port. The bill, proposed by the Oregon der HB 2573 the Oregon Department advocates from across the state. Thank State Bar’s Board of Governors, proof Justice now has the ability to prose- you to Secretary Brown; Frank Garcia, vides a remedy under the Unlawful cute individuals who engage in the Director of Diversity & Inclusion from Trade Practices Act (UTPA) for the unlawful practice of law in the immi- the Governor’s office, and all of the unauthorized practice of law in immigration context and assess significant participants for supporting this im- gration cases. The legislative concept civil penalties. portant conference. was proposed to address the problem of unauthorized immigration consult- On September 24, the Oregon State The Oregon State Bar’s Unlawful ants or “notarios” who claim to have Bar; the American Immigration Law- Practice of Law Committee is looking the necessary credentialing to represent yers Association, Oregon Chapter; and forward to continuing its work with the clients in immigration proceedings. the Oregon State Bar’s Consumer Law Oregon Department of Justice, the Or- Section hosted the Notario Fraud Con- While ORS 9.280 prohibits a person ference CLE. Approximately 88 law- egon Secretary of State’s office, the from acting as an immigration consult- yers and stakeholders attended the Governor’s Office and the new Consul ant for compensation unless the person CLE at the Oregon State Bar Center. General of Mexico for Oregon, Ar- is an active member of the Bar or was Secretary of State Kate Brown, the mando Ortiz Rocha, on this important authorized by federal law to do so, the keynote speaker, opened the confer- issue. Bar has only a limited ability to en- ence with the presentation “Notaries force this prohibition. By amending the and Notarios – The View from the Or- The Notario Fraud Conference is UTPA through HB 2573 to explicitly egon Secretary of State’s Office.” include immigration consultants, vic- Other speakers included representa- available for playback and can be tims of notario fraud were provided tives from the U.S. Attorney’s Office, found on the Oregon State Bar’s CLE with a private right of action, including the Oregon Department of Justice, the webpage. Oregon Supreme Court Hears Oral Arguments on SB 822 and SB 861

On October 14, the Oregon Supreme Court held oral argu- ro v. State of Oregon, S061453, can be viewed on the Ore- ments on changes made to the Public Employees Retire- gon Judicial Department’s website. An opinion is expected ment System (PERS) during the 2013 legislative session. next spring. Senate Bill (SB) 822 and SB 861, which limit the increase of the cost-of-living adjustment and ended the compensa- The Oregon State Legislature’s Legislative Fiscal Office tion of out-of-state retirees paying Oregon state income (LFO) released two memos regarding the budget implica- taxes on their pensions, was challenged by a number of tions of SB 822 and SB 861. They can be found on LFO’s current and former PERS members. Oral arguments in Mo- publications page.

December 3, 2014 OSB Public Affairs Newsletter for Bar Leaders

2014 PUBLIC AFFAIRS COMMITTEE

Chief Justice Shares Budget Priorities for 2015 - 2017 Biennium

Oregon’s courts perform crucial roles in promoting public safety, promoting a sound business en- Mandatory eFiling vironment, resolving issues for families in crisis, and protecting quality of life. Over the last sever- is Here! Starting on al biennia, funding for Oregon courts decreased substantially, resulting in court closures and un- Monday, December derstaffing. 1, 2014, 11 counties now require active In 2013, the Citizens’ Campaign for Court Funding was created by Mike Haglund, Ed Harnden, Bar members to use and Peter Bragdon to mobilize members of the Oregon State Bar and members of the business community to advocate for sufficient court funding. The 2013 – 2015 court budget addressed Oregon eCourt’s some of the most pressing court needs, such as funding for a new Oregon Court of Appeals panel, mandatory eFiling an increase in judicial compensation, and continued funding for the Oregon eCourt roll-out. system. For more information on train- On October 27, 2014, the Citizen’s Campaign, along with Chief Justice Tom Ballmer, hosted a ing, registration, software and hard- breakfast to discuss the funding needs and budget priorities of the Oregon Judicial Department ware requirements, (OJD) for the 2015 – 2017 biennium. Almost 50 business leaders, legislators, and members of the and technical sup- Bar attended the event, at which the Chief Justice shared the OJD budget priorities. These priori- port, go to the Ore- ties included: gon State Bar’s mandatory eFiling 1) Maintaining the Current Service Level (CSL) budget ($430.1 million General Fund), webpage. 2) Finishing the implementation of Oregon eCourt ($6.0 million General Fund and $18.9 million Other Funds), 3) Providing appropriate judicial compensation ($4.5 million General Fund), and 4) Providing safe and suitable court facilities ($3.8 million General Fund and $61.95 million Oth- er Funds).

In addition, OJD’s other budget priorities will be funding for court services ($5.75 million General Fund), access to justice for families ($1.65 million General Fund), and treatment courts ($2.8 mil- PUBLIC AFFAIRS lion General Fund and $3.3 million Other Funds). DEPARTMENT

Susan Grabe, The Governor released the 2015 – 2017 proposed balance budget, including the Judicial Depart- Public Affairs Director Amy Zubko, ment budget on December 1, 2014. Public Affairs Legislative Attorney Matt Shields, Public Affairs Staff Attorney Amanda Lunsford, Public Affairs Assistant

December 3, 2014 Capitol Insider House of Delegates Holds Annual Meeting On November 10, 2014, the Oregon regarding Oregon’s marijuana-related This concept was first approved during State Bar’s House of Delegates (HOD) laws and requires lawyers to provide the 2013 HOD meeting, however the held its annual meeting at the Oregon advice regarding federal law if there is Oregon Supreme Court deferred ap- State Bar Center in Tigard. One hun- a conflict. proval of the proposed language be- dred forty-five delegates made the trip cause of concerns that the proposed to Tigard to discuss and vote on nine The amendment to ORCP 5.5 allows language would impermissibly restrict proposals. The HOD voted to amend lawyers licensed to practice law out- the speech of Bar members. The lan- three sections of the Oregon Rules of side of the United States to provide guage was reviewed and modified by a Professional Conduct (ORCP 1.2, legal services on a temporary basis in task force and the modified concept ORCP 5.5, and ORCP 8.4); and to sup- Oregon to the same extent as lawyers was approved during the 2014 HOD port adequate funding for legal ser- who are licensed in other U.S. jurisdic- meeting. vices for low-income Oregonians and tions are currently allowed to do. fair compensation for indigent defense Funding for legal aid services and fair providers. The amendment to ORCP 8.4 prohibits compensation for indigent defense pro- a lawyer, in the course of representing viders will be part of the Oregon State The amendment to ORCP 1.2 allows a client, from knowingly manifesting Bar’s 2015 legislative priorities lawyers to counsel and assist clients bias or prejudice on a variety of bases. . 2014 Election Results in Democratic Majorities in Both Oregon House and Senate While the 2014 national election resulted in increased Re- Oregon House of Representatives publican representation through most states and at the federal level, Oregon bucked the national trend. Oregon in- The Oregon State Bar extends its thanks to the following creased its Democratic majorities in both the House and the Representatives for their service in the Oregon House of Senate. Representatives.

In the Oregon House of Representatives, the Democrats  Representative Tim Freeman (District 2), picked up one seat, to increase their majority to 35:25. Rep-  Representative Wally Hicks (District 3), resentative Vicki Berger (R - Salem) opted not to run for  Representative Dennis Richardson (District 4), reelection and Paul Evans, the Democratic candidate, ran a  Representative Bruce Hanna (District 7), successful campaign against Kathy Goss for the District 20  Representative Kevin Cameron (District 19), seat.  Representative Vicki Berger (District 20),  Representative Jim Thompson (District 23), In the Oregon Senate, the Democrats picked up two seats to  Representative Ben Unger (District 29), increase their majority to 18:12. In District 8, Representa-  Representative Harker (District 34), tive (and now Senator-elect) Sara Gelser ran a successful  Representative Carolyn Tomei (District 41), campaign against current Senator Betsy Close. District 15,  Representative Greg Matthews (District 50), where Senator Bruce Starr served since 2002, was too close  Representative Jason Conger (District 54), and to call for several days. The seat was finally called for for-  Representative Bob Jenson (District 58). mer Representative Chuck Riley on November 10 with a margin of 221 votes. In addition, the bar would like to thank and congratulate Representatives Sara Gelser and Kim Thatcher for their Oregon Senate election to the Oregon Senate.

Thank you to Senator Betsy Close (District 8), Senator Lar- ry George (District 13), and Senator Bruce Starr (District 15) for your service in the Oregon Senate.

December 3, 2014 Capitol Insider Recreational Marijuana, Driver’s Licenses, and an Equal Rights Amendment among Ballot Measures on 2014 Ballot

This fall Oregonians voted on seven statewide ballot measures. At this time, three have passed, three did not pass, and one has triggered a statewide recount.

Oregon Opportunity Initiative – Measure 86 would have amended the state constitution and used state debt bonding authority to finance Oregon student loans. The measure was defeated 58 to 42 percent.

Judicial Employment – Measure 87 was referred by the legislature and will allow state judges to work for the National Guard and teach at state colleges and universities. Measure 87 passed 57 to 43 percent.

Driver’s Licenses – Measure 88 was a veto referendum sponsored in response to Senate Bill (SB) 833 (2013), which allowed people without proof of a legal presence in the United States to get a four-year driver’s license. Measure 88 was successful and SB 833 was defeated 66 to 34 percent.

Equal Rights Amendment – Measure 89 was an initiative to change Oregon’s state constitution and passed 64 to 36 percent. Under Measure 89, the Oregon Constitution now guarantees that equality of rights may not be abridged because of a person’s sex.

Top-Two Primary System – Measure 90 was an initiative that would have created a top-two primary system for Ore- gon’s primary races. The measure failed 68 to 32 percent.

Recreational Marijuana – Measure 91 was an initiative sponsored by New Approaches Oregon. The measure legalized recreational marijuana for people 21 years or older and requires the Oregon Liquor Control Commission to regulate sales. Measure 91 passed with almost a 56 to 44 percent split.

GMO Labeling – Measure 92, an initiative, would require labeling certain foods that were produced with or contain genetically modified organisms. As of Monday, November 24, it appears that the measure is headed to a statewide recount.

December 22, 2014 OSB Public Affairs Newsletter for Bar Leaders

2014 PUBLIC AFFAIRS COMMITTEE

The 2015 Legislative Ses- Governor’s Budget Released on December 1 sion is scheduled to begin on January 12, 2015. The On December 1, the Governor’s office re- session will be active for leased the 2015-2017 Governor’s Budget. The The Governor’s Budget for public safety three organizational days Governor’s Budget is the first step toward a agencies and the judicial branch is approxi- and then go into recess until February 2nd. If your legislatively adopted budget, which will be mately $3 billion in the General Fund/Lottery section is interested in crafted by the Legislature’s Joint Ways and Funds budget. The Judicial Branch Program tracking any legislation, Means Committee during the 2015 legislative Area Budget includes the Oregon Judicial De- please contact the Public session. partment, the Commission on Judicial Fitness Affairs Department . and Disability, and the Public Defense Ser- Oregon’s revenue is split into four pots: LEGISLATURE vices Commission. Because the judicial branch is a separate and independent branch of  General Fund, Find your Legislator state government, the Governor does not have  Lottery Funds, Oregon Legislative Infor- budgetary authority over it. However the judi-  Federal Funds, and mation cial branch’s budget is included within the  Other Funds Governor’s budget. As a result, the Governor SENATE Many of the budgeting decisions that will be has tailored the three requests to ensure that Committee Assignments the proposed budget meets the statutory bal- made during the next several months will stem anced budget requirement. For the 2015–2017 Legislative Calendar from the distribution of the General Fund and

Lottery Funds. The Governor’s proposed Gen- Judicial Branch Program Area Budget, the HOUSE three entities have requested a total of eral Fund/Lottery Funds budget for 2015-2017 $772,999,197 from the General Fund. The Committee Assignments would result in $18.6 billion split primarily Governor’s General Fund placeholder budget among education, human services, public safe- BUDGET ty agencies/judicial branch. for the Judicial Branch is $683,033,568.

Ways and Means Committee Multnomah and Jefferson County Courthouses Move Governor’s Budget Forward PUBLIC AFFAIRS The Oregon State Legislature’s Emergency Board continues to work with the Oregon Judicial DEPARTMENT Branch on the modernization of court facilities throughout Oregon. This week, representatives Susan Grabe, from Multnomah and Jefferson counties made presentation to the General Government sub- Public Affairs Director Amy Zubko, committee of the Emergency Board to request an increase in the Other Funds expenditure limi- Public Affairs Legislative Attorney tation through the Oregon Courthouse Capital Construction and Improvement Fund. In addi- Matt Shields, tion, the General Government subcommittee also received a report regarding the capitol im- Public Affairs Staff Attorney Amanda Lunsford, provement projects in Curry, Gilliam, Malheur, and Wallowa counties. Public Affairs Assistant (Continued on page 2)

December 22, 2014 Capitol Insider

(Continued from page 1) lion expenditure limitation, state bond proceeds as well as county Multnomah County will be able to ac- matching funds to the projects. cess $15 million in bond proceeds this The expenditure limitation for the biennium and Jefferson County will be The Oregon Judicial Department and Multnomah County and Jefferson able to access $4 million in bond pro- the counties have requested additional County projects was increased from $1 ceeds. The increase in the expenditure funds for both projects in the 2015- to $37,999,999. Of the almost $38 mil- limitation will allow the transfer of the 2017 biennium budget.

Elder Abuse Work Group Proposes Legislation

The Elder Abuse Prevention Work Group, co-chaired by Helen Hierschbiel testified on behalf of the Bar regarding Representatives Val Hoyle and Vic Gilliam, met during the the new mandatory reporting requirement and the defini- December Legislative Days. The work group, made up of tion of “financial exploitation.” As of January 1, 2015, all legislators, bankers, lawyers, human services advocates, Oregon lawyers, active and inactive, will become mandato- senior service providers, and agency representatives, brief- ry reporters of elder abuse. Under ORS 124.060, if an attor- ly discussed four legislative concepts. Bill drafts have been ney has reasonable cause to believe that elder abuse has crafted that address voluntary fingerprinting and retention occurred and the lawyer has contact with the elder or the for caregivers, the use of search warrants in elder abuse abuser, then the lawyer must report unless an exception cases, the definitions of “sexual abuse,” and powers of at- applies. There have been some concerns raised by Bar torney. Over the last several months, Judge Rita Cobb, members that the statutory definition could be clarified to Judge Claudia Burton, Lara Johnson and John Lamborn provide guidance to mandatory reporters. have worked tirelessly as members of the work group. In addition, estate planning and elder law section members After testimony by Helen Hierschbiel and the BOG mem- Sylvia Sycamore and Steve Heinrich have volunteered ber Hunter Emerick, the work group decided to look into countless hours to the work group. the issue further. Please contact the Public Affairs Depart- ment at [email protected] with any questions.

Law Improvement Bills Introduced during Legislative Days

During the December Legislative Days, the Joint House and Senate Judiciary Committee met to discuss a number of topics, including the Oregon State Bar’s 17 law improvement bills. The bills have been split between the House and the Senate Judiciary Committees. Other proposed legislation was also introduced during the work session, including legislative concepts addressing tribal law, liability in agritourism, statute of limitations for recovery of real property, noneco- nomic damages in civil actions, and gambling.

The deadlines for legislators to pre-session file legislative concepts was December 18th. For descriptions of the Oregon State Bar’s Law Improvement Program concepts, please go to the Public Affairs webpage.