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 approach- es, 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 ses- sion 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 infor- mation 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 2 March 6, 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 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.