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08-10-06.Pdf Members Ex-Officio Member Barnes H. Ellis, Chair Chief Justice Paul J. DeMuniz Shaun S. McCrea, Vice-Chair James M. Brown Michael Greenfield Executive Director Henry H. Lazenby, Jr. John R. Potter Peter A. Ozanne Janet C. Stevens PUBLIC DEFENSE SERVICES COMMISSION Thursday, August 10, 2006 Meeting* 9:00 a.m. to 1:00 p.m. Office of Public Defense Services Capitol & Gaines Building Basement Conference Room 1320 Capitol Street N.E. Salem, Oregon AGENDA 1. Action Item: Approval of the Barnes Ellis Minutes of PDSC’s June 15, 2006 Meeting (Attachment 1) 2. OPDS’s Monthly Report OPDS’s Management (Attachment 2) Team 3. Presentations on Challenges Peter Ozanne Facing Public Defense Attorneys In Juvenile Delinquency Cases** (Attachment 3) 4. Action Item: Review and Approval Kathryn Aylward of OPDS’s Proposed September Emergency Board Presentation & Proposed 2007-09 Budget (Attachment 4) 5. Executive Session:*** Review of the Barnes Ellis Search for PDSC’s Executive Director Notes *PDSC’s next meeting is scheduled for Thursday, September 14, 2006 from 11:00 a.m. to 4:00 p.m. at the Clatsop County Courthouse in Astoria, OR. **Presentations may be taken out of order in order to accommodate the schedules of the Commission’s guests. ***The Executive Session will be held at approximately 12:00 p.m. pursuant to ORS 192.660(2)(f) and (h). Public Defense Services Commission ! 1320 Capitol St NE Ste. 190 ! Salem, Oregon 97301 (503) 378-3349 ! FAX (503) 378-4462 Attachment 1 PUBLIC DEFENSE SERVICES COMMISSION OFFICIAL MEETING MINUTES June 15, 2006 Meeting Inn of the Seventh Mountain Bend, Oregon MEMBERS PRESENT: Barnes Ellis Shaun McCrea Jim Brown John Potter Janet Stevens STAFF PRESENT: Peter Ozanne Kathryn Aylward Peter Gartlan Becky Duncan Ingrid Swenson [Tape 1, Side A] 03-079 Chairman Ellis announced Peter Ozanne’s resignation as Executive Director and the Commission’s search for his successor. Agenda Item No. 1 Approval of the minutes of PDSC’s May 11, 2006 Meeting 079-124 MOTION: Jim Brown moved to approve the minutes; Janet Stevens seconded the motion; hearing no objection the motion carried; VOTE 4-0. Agenda Item No 2 OPDS’s Monthly Report 125-190 Peter Ozanne submitted the final version of OPDS’s Report on Service Delivery and PDSC’s Service Delivery Plan for Judicial District No. 7. Peter Gartlan reported on personnel changes and the status of the caseload at OPDS’s Legal Services Division. Agenda Item No. 4 Report of OPDS’s Quality Assurance Task Force on the Contractor’s Site Visits 190- [Side B] -509 Jim Arneson, Chairman of OPDS’s Quality Assurance Task Force, and Ingrid Swenson reported on the progress of OPDS’s Contractor Site Visit process. Agenda Item No. 5 Status Report from the Lane County Public Defense Panel 510- [Tape 2] -403 Marc Friedman, the administrator of Lane County’s Public Defense Panel, reported on the administration, operations and progress of the panel. [Ten minutes recess] 418 - [Side B] -097 Steve Gorham and Olcott Thompson presented MCAD’s interim report on the consortium’s progress in implementing quality assurance processes and management best practices. Agenda Item No. 6 Discussion of Delivery of Public Defense Services in Juvenile Dependency Appeals 099-402 Peter Ozanne and Kathryn Aylward presented OPDS’s proposal for the addition of four attorneys at OPDS’s Legal Services Division to handle appeals in juvenile dependency cases. 347 Chair Ellis Chairman Ellis entertained a motion to direct OPDS to prepare a policy package to be presented in connection with PDSC’s 2007-09 budget for the purpose of adding four FTE attorneys at the Legal Services Division to handle juvenile dependency appeals. MOTION: Shaun McCrea moved to approve the motion; Janet Stevens seconded the motion. Hearing no objection the motion carried; VOTE: 5-0. Agenda Item No. 3 Discussion of OPDS’s Response to the Enactment of “Jessica’s Law” in the April 2006 Special Session of the Legislature 410- [Tape 3] -413 Kathryn Aylward presented OPDS’s analysis of the impact of “Jessica’s Law,” which was enacted by the legislature during its 2006 special session, and OPDS’s proposed options for addressing the costs of defense of cases arising under the new law. Chairman Ellis entertained a motion (1) to provide contractors with the option of negotiating compensation rates for cases arising under Jessica’s Law either under the hourly rate for non-capital murder cases or triple the case unit rate for Ballot Measure 11 cases and (2) to prepare a presentation for the September 2006 Emergency Board meeting that put the Legislature on notice that Jessica’s Law will result in increased costs to delivery of public defense services in Oregon, which could, depending on prosecutors’ charging practices, have a significant fiscal impact. MOTION: John Potter moved to approve; Janet Stevens seconded the motion; Hearing no objection the motion carried: VOTE 5-0. 465 Chairman Ellis entertained a motion to adjourn the public meeting and proceed with an Executive Session regarding the Commission’s search for a new Executive Director. MOTION: Shaun McCrea moved to adjourn the meeting; Janet Stevens seconded the motion: hearing no objection, the motion carried: VOTE 5-0. 2 PUBLIC DEFENSE SERVICES COMMISSION UNOFFICIAL MEETING TRANSCRIPT June 15, 2006 Meeting Inn of the Seventh Mountain Bend, Oregon MEMBERS PRESENT: Barnes Ellis Shaun McCrea Jim Brown John Potter Janet Stevens STAFF PRESENT: Peter Ozanne Kathryn Aylward Peter Gartlan Becky Duncan Ingrid Swenson [Tape 1, Side A] 03 Chair Ellis [Meeting called to order at 9:15 a.m.] I believe at least one other Commission member is on the way, but I think we probably ought to go ahead and get started. I think everyone knows that Peter Ozanne has made a very foolish decision to move to Arizona, or at least go manage the Maricopa County criminal justice system. I understand he may keep his home in Oregon but work down there. He has advised all of us that, by the end of September, he does plan to step down as Executive Director. I want to say a couple of things now and we will have another statement at another appropriate time. First of all, Peter’s decision was his. The Commission has been very happy with his performance. I think this whole program in the last four years has made enormous progress and strides. I understand what Peter’s thought process is, and I can assure you there is nothing about his decision to make this change that reflects any unhappiness on his part, other than possibly his compensation level, which we all would like to see higher. We wish him well and he is going to help us in the transition. Let me just say regarding the transition that there will be an executive session of the Commission later this morning and we will be reviewing how to proceed in the selection of Peter’s successor. I can only speak for myself because the Commission as a whole hasn’t met on it, but I am predicting that there will be a full-scale search. We certainly know there are a lot of people in the state who are qualified, able and may make excellent choices. We will search out-of-the-state as well because it is a very important position. It is our hope to move fairly promptly, but a search of that kind does take some time. So it is not clear yet whether we will be able to get the word out to all the places it should get out to, allow time for applicants to express their interest, create forms and do all that has to be done; and then the Commission will have to review those applications and screen them. The last time, we conducted a lot of personal interviews of applicants, and I suspect that will happen again. We will be looking to the provider community for input. To the extent we can, we hope to make this a process that is inclusive. Our hope is that it will be seamless – that there will be a person who we are all satisfied with ready to go when Peter leaves in September, but that may not happen. If it doesn’t happen, we will just have to manage the program as best we can under those circumstances. That is the concept and I would certainly welcome any input any of you wants to give us as to how we go about the task of trying to find someone to succeed Peter. I don’t know if we will ever fully replace him, but we will do our best. 050 P. Ozanne Thanks, Barnes. May I say just a few words. I sent out an email this morning to the people who follow our meetings and are on our mailing list. It will go out more generally after this meeting. I also sent another message to my colleagues at OPDS. As I said in both messages this has certainly been one of the most fulfilling jobs I’ve had and may well be the most fulfilling. Ideally, I would have preferred to stay through the upcoming legislative session. But I think we are really in a position, thanks to a lot of help from the people in this room, to make some real gains in the Legislature. For example, Jim Arneson is here today to talk about our contractor site visit process, which is building great credibility in the Legislature and across the state. Moreover, the Commission has gotten out and around the state and learned a lot about the public defense delivery system and how to improve it.
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