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CAPITOL INSIDER OSB Public Affairs Newsletter for Bar Leaders

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CAPITOL INSIDER OSB Public Affairs Newsletter for Bar Leaders CAPITOL INSIDER OSB Public Affairs Newsletter for Bar Leaders November 16, 2001 The Shape of Things to Come process turn to the professional staff and By Susan Grabe & Bob Oleson lobbyists for education on those subjects. A number of events could dramatically Redistricting. Another important affect the composition of the 2003 legislature. development that will affect the 2003 Term limits, redistricting, which party will legislative assembly is the decennial control the House and Senate, and who will be redistricting process. Every 10 years, the the next Governor for the State of Oregon are Oregon Constitution requires the Legislative some of the factors that will shape the 2003 Assembly to redraw district lines for legislative session in Oregon. legislative and congressional districts to account for shifts in population. Term Limits. The term-limits law was declared unconstitutional by a Marion County If the legislature fails to reach an Circuit Court. Judge Dick Barbur held that agreement, the responsibility falls to the the 1992 term-limits initiative violates the Secretary of State. In response to a challenge Oregon Constitution in two ways: it violates to the Secretary’s plan, the Supreme Court the separate-amendment provision, which recently upheld the Secretary’s plan with requires voters to vote on separate minor tinkering. The redistricting will play a amendments individually and it violates the major role in determining who is in control of single-subject requirement, which requires the House. Some speculate that the new that the issues voted on be closely related. district lines favor the Democrats, who will take control of at least one chamber next Under term limits, legislators may serve in session. the Oregon House of Representative for six years or three terms; members of the Oregon Also noteworthy is the prospect of a special Senate may serve eight years or two terms. legislative session to remedy a budget Total service is limited to 12 years of service. shortfall. This, in turn, raises concern about Currently, approximately 26 legislators (13 the impact that adjustments to the state from the Senate and 13 from the House) are budget might have on the justice system in “termed out.” This automatic transition Oregon. translates into an annual turnover of about 1/3 of the legislative assembly, which creates a January Special Session? void in institutional knowledge and The current revenue forecast for the state leadership. Thus, legislators who are of Oregon shows a $600 million deficit that unfamiliar with government structure, appears to be increasing. In response to this ongoing government issues, and the political information, the governor has asked agencies to prepare budgets with 2% - 10% budget cuts. Page 1 The budget outlook for FY 2002 is worrisome during the session and future goals. The bar’s because fiscal conditions are expected to get Computer and Electronic Information worse before they get better. It now appears Workgroup gave an update on issues likely that there will be a special session in surrounding the Uniform Computer late January to deal with the budget crises. Information Transactions Act (UCITA). Bar representatives will closely monitor Future meetings for the Interim Judiciary potential budget shortfalls that could affect Committee are as follows: the judicial branch and the legal profession. If the budget continues to shrink, some of the December 11, 2001 Portland programs and positions created last session March 12, 2002Salem could be endangered. June 21 Bend September to be determined Interim Judiciary HB 3248 CCB Lien Notice 2001-2002 Committee Members: HB 3248 (enacted in the 2001 session) amends ORS Chapter 93 to require a seller of House real property to disclose to the purchaser Max Williams, Co-chair anyone who has performed work on the Robert Ackerman property in the last two years and has not Kathy Lowe been paid or the payment is in dispute. Also, Rob Patridge the seller must provide the purchaser with a Lane Shetterly copy of any lien notices or lien claims, Cherryl Walker foreclosure pleadings, satisfactions of liens, or releases or waivers of rights to liens that the Senate owner has received in the last two years. John Minnis, Co-chair Other clarifications are included. Ginny Burdick Peter Courtney Staff of the Construction Contractors Verne Duncan Board and Rep. Merkley have been leading a Charles Starr task force to develop a cautionary notice that is workable. Although intended to be an important new consumer protection, this law The Interim Judiciary Committee held its creates a misdemeanor crime for the unwary. first meeting at the 2001 Oregon State Bar The task force is trying to address a number of Convention in Seaside. After the adoption of difficult implementation questions. For more the interim rules and work plan, the information or a current draft of the notice, committee moved to the more substantive contact the public affairs staff at 1 (503) 431- portions of the meeting. Most of the meeting 6376. was spent on the issue of the need to provide notice of their rights to detained foreign nationals under Article 36 of the Vienna Civil Commitment Convention. Testimony from the Mexican, The bar held its first multidisciplinary Korean, and British Consuls was heard with CLE on Civil Commitment on Friday, respect to concerns regarding interaction of November 2, in Eugene. Over 200 lawyers, local police with foreign nationals. judges, and mental health workers from the The committee also heard Tom Ewing from entire state of Oregon converged on the the Employment Department talk about the University of Oregon Law School to hear from Central Hearings Panel. OSB Board President judges, lawyers, legislators, and citizens about Ed Harnden gave the committee an overview the civil commitment process. of the court facilities maintenance issue Page 2 Cosponsored by the bar, the Oregon OSB Legislative Process Criminal Defense Lawyers Association, the Oregon District Attorneys Association, the May 2002 deadline for bar group bills Interim Judiciary Committee, the Department If your bar group intends to file proposed of Health and Human Services, and the legislation for the 2003 Legislative Session, Oregon Judicial Department, this was a first then the deadline to submit the proposal for effort to deal with a controversial and difficult BOG approval is May 1, 2002. issue. Yes, it’s true. Even though we just finished It is hoped that this CLE will mark the the 2001 Legislative Session, we are beginning of a concerted statewide effort to encouraging bar groups to meet the pre- focus on best practices in each county. For session filing deadline. We strongly more information, contact Marilyn Odell at recommend pre-session filing because, in (541) 343-5539. general, these bills are introduced and have hearings scheduled at the beginning of the Bar Convention Follow-up legislative session. As a result, legislators and other groups have more time to consider the Bar Convention. At the 2001 OSB merits of the proposed bill. Convention in Seaside, the Government Relations Program produced a successful 2001 Legislative Review CLE. The 2001 Legislation What is law improvement? Highlights book, a joint project with CLE In general, bar groups are encouraged to Publications, served as materials for the participate in law improvement activities. program. Four lawyer-legislators were This includes proposing legislation to improve recognized for significant contributions in the statutory schemes; clarify statutory legislative process and service to the bar: Sen. ambiguities; modify “glitches” in major Peter Courtney, Rep. Lane Shetterly, Rep. legislation passed in previous sessions; or Max Williams, and Rep. Kathy Lowe. codify case law. HOD. At the September 22 House of In addition, bar groups are also encouraged Delegates meeting in Seaside, the delegates to provide technical analysis of proposed considered a number of issues. Below are the legislation to the Legislature through oral highlights of the actions of the House: testimony or letters. And, remember, routine • Approved an increase in fee for inactive law improvement measures can turn into members. major policy issues. Procedural change to one • Directed Board of Governors to conduct person is policy change to another. complete study of OSB disciplinary system. Positions on bills, rules etc.? • Adopted amendment to DR 1-102 to OSB sections and committees must receive address In re Gatti. approval from the BOG Public Affairs • Defeated Board of Governors resolution Committee before taking a position on proposing that House of Delegates proposed legislation. These written requests assumes responsibility for election of must include the intended position of the OSB's delegates to American Bar group and an explanation of how this position Association House of Delegates. is appropriate under the legislative guidelines • Proposal to amend DR 5-103(B) dealing established by the BOG. For legislative with lawyers underwriting costs of contact information, see end of newsletter. litigation for clients was dropped. OSB Scorecard The following is a list of bills introduced this session by the bar and its sections and committees: Page 3 Summary Status hearing HB 3260: House of 6/4 Governor signed HB 2175: Unearned 6/22 Governor signed Delegates governance income credit changes (3 bills) SB 171: UCC Article 9, 6/19 Governor signed HB 2938: Pro hac vice 5/29 Governor signed title loans appearance fee HB 2372: Simultaneous 6/15 Governor signed testimony Ballot Measures/Initiatives 2002 HB 2374: Prevailing 6/18 Governor signed party attorney fees Proposals to amend the constitution have HB 2375: Nonparty 5/30 Governor signed been filed that could affect the practice of law depositions and the judicial system. Below is a list of some HB 2361: Allows 6/22 Governor signed of the more interesting ballot titles that have stipulation w/o waiving been filed in the Secretary of State’s office: appeal rights.
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