AUGUST/SEPTEMBER 2019 Offering a Chance at Redemption Oregon’s New Juvenile Justice Law Reverses Key Measure 11 Provisions OREGON STATE BAR BULLETIN AUGUST/SEPTEMBER 2019 VOLUME 79 • NUMBER 10 Lawmakers approved a major overhaul of Oregon’s juvenile justice system earlier this year, acknowledging voters’ approval of “tough on crime” laws while also taking into account more than a decade of findings showing adolescents to be substantially driven by impulsivity and their peers. In his story on Page 23, writer Len Reed looks at the genesis of the new law and its implications for the future. iStock.com/thegreekphotoholic FEATURES 23 Offering a Chance at Redemption Oregon’s New Juvenile Justice Law Reverses Key Measure 11 Provisions By Len Reed 30 Time’s Up Oregon Reckoning with Sexual Harassment in the State’s Legal Community By Susan G. Hauser COLUMNS 5 From the Editor 42 Law & Life If Only I Had Known Telling a Good Story: Inves- By Gary M. Stein tigative Work Informs Rene Denfeld’s Acclaimed Novels 15 Bar Counsel By Michaela Bancud In Praise of Oregon: Reflecting on Five Years 48 Diversity, Equity as Disciplinary Counsel & Inclusion By Dawn Evans ‘Don’t Be Afraid to Make Mistakes’: Dunn Carney’s 17 The Legal Writer IDEA Squad Fosters Open Juxtaposing Joys and Jolts: Discussion Search for Meaning Begins By Lauren J. Russell with ‘Jeopardy!’ By Suzanne E. Rowe 78 Parting Thoughts Careful What You Wish For 38 Profiles in The Law By Ed Piper ‘A Fierce Advocate for Victims’: Judge Maureen McKnight Retires After a Career That Focused on Families The Oregon State Bar Bulletin (ISSN 0030-4816) By Cliff Collins is the official publication of the Oregon State Bar. The Bulletin is published 10 times a year (monthly except bimonthly in February/March and August/ September) by the Oregon State Bar, 16037 S.W. DEPARTMENTS Upper Boones Ferry Road, Tigard, OR 97224. The Bulletin is mailed to all members of the Oregon State 7 Letters 62 Bar People Bar, a portion of the dues for which is allocated 11 Briefs Among Ourselves for the purpose of a subscription. The Bulletin is Moves also available by subscription to others for $50 per 46 Happenings year, $90 per two years, within the United States. In Memoriam OWLS’ 30th Anniversary Individual copies are $5; back issues are $5 each, Lawyer Announcements when available. Periodicals postage paid at Portland, 54 Bar News Oregon 97208. POSTMASTER: Send address 70 Classifieds changes to Oregon State Bar, P.O. Box 231935, 58 Bar Actions 75 Attorneys’ Marketplace Tigard, OR 97281-1935. Discipline Congratulations to the 2019 OSB Award Winners Please join us as we honor and celebrate these outstanding Oregon attorneys and judges at our annual awards luncheon. Friday, November 15 Sentinel Hotel in Portland OSB Award of Merit Phylis Chadwell Myles Wallace P. Carson Jr. Award for President’s Diversity & Judicial Excellence Inclusion Award Hon. Paula Brownhill Julia Elizabeth Markley Hon. Janelle Factora Wipper Román David Hernández President’s Membership President’s Sustainability Award Service Award Melissa Powers Susan T. Alterman President’s Technology & President’s Public Service Award Innovation Award Linda Jean Gast Amanda Caffall Erick J. Haynie Joshua D. Zantello The Oregon Bench & Bar Commission on Professionalism’s Edwin J. Peterson Professionalism Award Hon. Rives Kistler To register or for additional information, please go to www.osbar.org/osbevents or email [email protected] FROM THE EDITOR If Only I Had Known By Gary M. Stein He worked for Marion-Polk Legal Aid downtown Portland. Until very recently, Services, where he strengthened and ex- he taught a memoir-writing class at the panded the Volunteer Project — recruit- Lake Oswego Adult Community Center; ing volunteers to staff pro bono clinics in class members’ work was compiled last Salem, West Salem and Monmouth. In year into a book called “Footsteps: Tales his legal aid role, he also worked with the from Times Past.” Area Agency for the Aging to provide le- In his earlier years, Ron brought his gal services for the elderly. creativity to the stage. He was a fea- At the same time, Ron supervised tured cast member for the Holliday Bowl young attorneys at the Multnomah Coun- Opera Company, the New Savoy Opera ty Volunteer Lawyers Project’s Gresham legal clinic. He did consulting work for Continued on next page.. the National Legal Services Corpora- tion, helping to audit legal aid programs across the country. And among numerous other selfless acts, he also spent time on the Mexican border, providing free legal Our Editorial Policy assistance to immigrants; and in war-torn Bulletin File Photo All articles published in the Bulletin and impoverished countries, observing must be germane to the law, lawyers, elections and offering other legal services. here is a weathered wooden bench the practice of law, the courts and Born on July 12, 1936, in New West- just off a path that winds through judicial system, legal education or minster, British Columbia, he took great the Mountain Park area of Lake the Oregon State Bar. All opin- T pride in his Canadian heritage — and in Oswego, nestled in fir and maple trees. It ions, statements and conclusions the fact that he was himself an immigrant. was placed there by my friend Ron Talney expressed in submitted articles in honor of his 23-year-old daughter Al- In 2000, Ron was honored by the Ore- appearing in the Bulletin are those of lison, who died in a terrible car accident gon State Bar with the President’s Award, the author(s) and not of the editor, its highest recognition for public service. other editorial staff, employees of in 1988. Needless to say, he was a remarkable man the Oregon State Bar, or members of It’s a place where stillness lives between — a voice of reason, humor and deeply the Board of Governors. Publication the past and the future, Ron once told me. considered thoughts who looked back at of any article is not to be deemed an And so in early August, I stopped there to the end on a life so very well lived. endorsement of the opinions, state- remember him — an acclaimed author, In addition to his legal work, Ron ments and conclusions expressed poet and retired trial lawyer whose words published five books of poetry, the latest by the author(s). Publication of an often appeared as “Parting Thoughts” in being “A Secret Weeping of Stones,” as advertisement is not an endorse- the Oregon State Bar’s Bulletin. well as two novels and numerous person- ment of that product or service. Any He died on Aug. 4 at the age of 83, after al essays. Earlier this year, he published content attributed to the Oregon spending several months in hospice care. “The Emptied Heart,” a father’s memoir State Bar or the Board of Governors Ron worked in private practice as a of his journey through grief following Al- is labeled with an OSB logo at the top of the page or within advertising trial lawyer for decades, but he found his lison’s death. to indicate its source or attribution. true calling in legal aid and pro bono work In 1985, Ron wrote the official dedi- in the years following Allison’s death. cation poem for the Portlandia statue in HOW TO REACH US: Call (800) 452-8260, or in the Portland area call (503) 620-0222. Email addresses and voicemail extension numbers for Bulletin staff are: Gary M. Stein, editor, [email protected] (ext. 391); Mike Austin, associate editor, [email protected] (ext. 340); Kay Pulju, communications director, kpulju@ osbar.org (ext. 402); and Spencer Glantz, classified ads and lawyer announcement ad rates and details, [email protected] (ext. 356), fax: (503) 684-1366. Display advertising: Contact LLM Publications at (503) 445-2240, [email protected]. AUGUST/SEPTEMBER 2019 • OREGON STATE BAR BULLETIN 5 Company and the Lyric Theatre Society. His last stage appearance was in a produc- tion of “The Pirates of Penzance” in Gill Coliseum, starring alongside Sir Martin Greene. I got to know Ron after persuad- ing him to write a monthly column for the Lake Oswe- go Review. When he asked me what I wanted him to write about, I told Ron Talney him it didn’t mat- ter — I just want- ed his voice in the newspaper. The result was a column treasured by Review readers, filled with Ron’s wit and wisdom. He had a unique ability to make you laugh with one paragraph and then cry after reading the next. My favorite column, written on the anniversary of Allison’s death, hangs on the wall above my desk still. “If only I had known,” the column reads. “If only I had known, I would have held her for as long as was needed. I would have held her forever.” I had a chance to sit with Ron for a couple of hours just three weeks be- fore he died. If only I had known… n Ronald Garth Talney is survived by Lin- nette Talney, his wife of more than 58 years; two of his three children, Jennifer Talney- Needham (husband, Ben) and Aaron D. Talney (wife, Barbara); and four grandchil- dren, Autumn (spouse, Jim), Gabe, Rachel, and Elijah. Gary M. Stein is the editor of the Oregon State Bar Bulletin and former editor of the Lake Oswego Review; reach him at (503) 431-6391 or [email protected]. 6 OREGON STATE BAR BULLETIN • AUGUST/SEPTEMBER 2019 LETTERS I believe we each have individual Farewell to a Friend (micro) moral responsibilities, as well as Corvallis attorney Brett Jaspers passed community (macro) moral responsibili- away from cancer on June 4, 2019.