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Or the Istrict of Regon A ~a~arterly Newsletter of the Oregon Chapter of the h~ederal ftar Association OR THE ISTRICT OF REGON Volume XV, No RECENT CHANGES TO THE LOCAL RULES OF Recent Changes To The Local Rules CIVIL PROCEDURE FOR THE DISTRICT OF Of Civil Procedure For The District Of Oregon: Introduction OREGON:INTRODUCTION By: Magistrate Judge Janice By: Magistrate Judge Janice Stewart; Melissa Aubin, U.S. District Court Attorney-Advisor; and Stewart; Melissa Aubin, U.S. Johnathan Mansfield, Schwabe Williamson &Wyatt District Court Attorney-Advisor; and Johnathan Mansfield, Schwabe Effective January 1, 201 l , the court amended Local Rules 16-4, 26-1, 42-4, and Williamson & Wyau..........1, 4-5 56 and adopted new Local Rule 4000. The Local Rules Advisory Committee, The President's Column a group of federal practitioners and representatives from the court chaired by By Edward Tylicki ...............:?-3 Susan Marmaduke, proposed the changes to the Local Rules after examining a number of local practice issues and the recent amendments to the Federal Rules of The District Of Oregon Welcomes Judge Marco Hernandez Civil Procedure. By Jolie Russo, U.S. District Court Magistrate Judge Stewart, who served on the Local Rules Advisory Committee, Attorney-Advisor................... 3 offered a presentation about the amendments and new rules at the FBA Monthly Collegiality And Work Ethic Define Luncheon on January 20, 201 1. Below is a summary of the changes to the Local This Year's Oregon FBA Judge Rules authored by Judge Stewart and two other members ofthe Local Rules Advisory James M. Burns Professionalism Award Winners ...................6-7 Committee. The full text of all Local Rules of Civil Procedure for the District of Oregon is available at http://www.ord.uscourts.gov/education-downloads/local- Federal Bar Association And Oregon rules/local-rules-of-civil-procedure-printable-version/details. Attorney Assistance Program Sponsor Networking And Career Local Rule 16-4 Building For Lawyers Event By Laura Salerno Owens, K&L Local Rule 16-4 governs alternative dispute resolution procedures in most civil Gates LLP .........................7-9 cases. The rule describes qualifying cases, procedures applicable in any qualifying case (e.g., ADR conference requirement and joint ADR report), ADR options and Announcements.................9 -10 procedures, and requirements for court-sponsored mediation. The following discussion addresses the revised provisions of the rule in each of these areas. Qualifying Cases LR 16-4(a) and (b) state that the rule applies to all civil cases, with certain exceptions. As amended, the list of exempt categories no longer includes veterans' overpayment, multi-district litigation, or pro se cases. Thus, LR 16-4 now governs in such cases. In addition, the categories of cases that had been "exempt" under former LR 16-4 are now "presumed to he exempt" They include habeas corpus petition, prisoner suits, 28 U.S.C. § 2255 claims, social security appeals, civil forfeitures, qui tam actions, IRS summons enforcement actions, student loan collection, and banl~'uptcy appeals. LR 16-4(b). Continued on page 4 Spring 1011 Pu,~e ~ "What a secret hold is all about is one Senator can block THE PRESIDENT'S the American people, the entire country, fro►n learning about a piece of legislation that can involve billions of COLUMN dollars, scores and scores of people, or a nomination with the ability to influence the lives of all Americans.... By Edward Tylicki, it to say it is getting worse. A few days ago, for Federal Bar Association President Suffice example, Chief Justice Roberts said that the number of vacancies on our courts is creating a judicial emergency. "Those are the words of Chief Justice Roberts. At least 19 There's a lot going on. The most exciting news is that Federal judges have been approved by the Senate Judiciary Oregon finally has a new district judge. Nearly three Committee unanimously or near unanimously and never years after he was first nominated, the Senate unanimously got a vote on the floor of the Senate. Not one Senator has confirmed publicly taken responsibility for worsening the judicial crisis that Chief Justice Roberts has been decrying over Washington County Judge Marco A. Hernandez. He will the last few days. Think about that. The Chief Justice of fill a judgeship vacant since January 30, ?009 when U.S. the United States during the Christmas holidays included District Judge Gan- M. King assumed senior status. On in his annual report nn the Judiciary that the delay in behalf of the Oregon FBA, I extend congratulations and confirming federal judges is creating an emergency in a warm welcome to Judge Hernandez. He has already the judicial system. Chief Justice Roberts, in my view, graciously accepted an invitation to speak at a monthly is correct. I think we do have an emergency. We have luncheon later this spring. This is probably the last time been trying to get several judges in the State of Oregon for awhile that he will be able to say his calendar is approved, Senator Merkley and I have been working to completely open. Please come out and meet him. He joins get this done. But these nominees and others have been a wonderful court with exceptional collegiality among b]ocked, and nn Member of the Senate will publicly take the district's judges and among its judges and attorneys. responsibility for worsening this crisis that Chief Justice It is a pleasure to have Judge Anna Brown and Judge Roberts is appropriately so concerned about" John Acosta on our FBA Board. We are very fortunate to have Oregon as our home court and a new district judge Finally on January 27, 201 I the Senate voted to end this to get to know. unsavory practice that held up many qualified candidates from getting a Hoor vote. With this confirmation and recent others, hopefully there is a sea change in the U.S. Senate. Sadly, there has been One of my goals this year was to make sure the Oregon a misuse of the Senate's power to advise and consent on FBA is serving the entire state and not just the Portland judicial nominations to instead, in the words of a recent area. To that end, we have taken things on the road to New York Times editorial, "advise and obstruct." Entire great success. This past fall, we had our first CLE in slates ofwell-qualified nominees have been blocked. This years in Medford, "Jury Trials and Beyond" This was issue is at the forefront of the Federal Bar Associations's done in conjunction with the Oregon U.S. District Court lobbying efforts as it cuts across partisan lines. It has and its portrait hanging for Judge Cooney. Chief Judge begun a nationwide advocacy campaign to ease the Ann Aiken, former Oregon Supreme Court Justice judicial vacancy crisis currently afflicting the federal Susan Leeson, Judge Owen Panner, Bill Barton, Judge courts. There are almost 100 vacancies in the circuit Anna Brown,and Magistrate Judge Clarke gave wonderful and district courts, an astounding l0% plus of the total presentations. Judge Panner reminded the group how number of approved federal judgeships. These vacancies passionately he feels about trials. for active judges and the resulting burdensome caseload Over ]00 attendees squeezed into the courtroom for the to administer fair threatens the ability of the federal courts portrait hanging. Judge Cooney remarked that he was timely manner. and impartial justice in an adequate and sorry to disappoint anyone that showed up for a real Hopefully the recent confirmation of Judge Hernandez hanging in confusion. Afterward there was a wonderful acting more signals the start of Congress and the President reception filled with good cheer and wines from Southern vigorously in responsibly nominating and confirming Oregon. i felt like I was nn the Judicial Express Airline on and courts. nominees to the federal appellate district the way home, sharing the flight with six federal judges. I applaud the efforts of Oreg~~n'ti Senators Wyden and It was fun to see the comradery or this group when off the Merkley ~o address the judicial crisis. Senator Wyden bench. the noted in a January 5, 201 l floor statement, addressing Ongoing activities include our Annual Lunch cm March 17 practice of secret holds: and prescntaiion ~~f the Nag~zerty Essay Award xnd Judges Spring 20/l Page 3 Burns Awards for professionalism in federal practice. In April, we are planning a CLE in Eugene to be followed THE DISTRICT OF OREGON by CLEs in Pendleton and Bend. With each CLE, we are also planning a social hour for the local legal community WELCOMES Ji1DGE MARCO to mix and mingle afterward. On April 1 we will host a CLE on "Networking and Career Building for Lawyers" HERNANDEZ A hosted reception that is open to all will follow at 4 p.m. By Jolie Russo, U.S. District Court At[omey-Advisor in the Hatfield Courthouse. Finally, mark your calendars for our Spring Reception nn May 26, 2011. Please check The District Court of Oregon welcomes Judge Hernandez our website for more details. as the newest member of our federal bench. Nominated nearly three years ago, in 2008, Chief Judge Ann Aiken Aiken gave what has become an Finally, Chief Judge administered the oath of office to Judge Hernandez in luncheon tradition, the State of the Court FBA February the Wayne L. Morse U.S. District Courthouse in Eugene short, the state of our federal court in Oregon address. In on February 9, 2011. Judge Hernandez is assigned to She challenged the group to think about is very good. the Portland Division and will work from the Hatfield She spoke about her own life and how we live our lives.
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