Congratulations to Shaun McCrea, OCDLA's next Executive Director!
Shaun has been a familiar face to OCDLA for the past 33 years, serving as a Board member and President, a frequent CLE speaker, a member of numerous OCDLA committees, and current chair of the Public Defense Services Commission. She brings a wealth of knowledge about the needs of OCDLA members and the operation of Oregon’s justice system. A formal introduction will take place at the June 16–18 Annual Conference.
She will formally take the reins no later than October 1, 2016. Welcome, Shaun!
Congratulations to OCLDA Director John Potter for being designated by the Board of Directors as the recipient of the 2016 Ken Morrow Lifetime Achievement Award. The award will be presented on December 2, 2016 at the Winter Conference Benson Dinner.
The OCDLA Board of Directors and Juvenile Law Committee are very pleased to announce that Julie McFarlane, founder and supervising attorney of Youth, Rights & Justice, Attorneys, is the recipient of the first Juvenile Justice and Child Welfare Award for Excellence. The award recognizes the challenging nature of practicing dependency and delinquency law, the complexity of these multiparty cases, the physical and emotional toll of representing parents and children when the state has intervened, and the extraordinary effort required to effectively and compassionately do this work. The creation of this award honors the vital services of dependency and delinquency lawyers who have done outstanding work to promote fairness and justice in Oregon’s child welfare and juvenile justice systems through effective and zealous legal representation.
Ms. McFarlane is extremely deserving of this honor. Over the past 34 years she has represented thousands of clients — children, parents and youth — in delinquency, abuse and neglect, termination of parental rights, adoption and other miscellaneous juvenile cases. Ms. McFarlane has been a leader in juvenile law reform through numerous pieces of legislation, class action litigation, public advocacy and training. She has helped develop child welfare reform, legislative advocacy, and educational advocacy programs, as well as a legal helpline for children and adults calling on their behalf at YRJ.
The Juvenile Law Committee will present the award to Julie McFarlane on April 15 at the Hallmark Resort, Newport, as part of the Annual Juvenile Law Conference.
Over two hundred people turned out for an outstanding tribute to Pete Gartlan on December 4 at the Benson Hotel as he received the Ken Morrow Lifetime Achievement Award. Thank you to all who attended.
As was apparent given the substantial number of judges and guests in the room, Pete’s influence on the state public defender office was significant and his impact on Oregon law will continue to be felt for decades to come. Congratulations, Pete!
Not only was the tribute to Pete exceptional, House Majority Leader Jennifer Williamson received a special “Legislative Champion” President’s Award and gave a terrific speech recognizing OCDLA’s achievements in the state capitol, giving large credit to our lobbyist, Gail Meyer. To continue Gail’s effective advocacy as our voice in Salem, we raised over $26,200 that night through the auction, the wall of wine and the special appeal. Thank you to all our donors for helping us achieve this new record!
The Criminal Justice Commission (CJC) wants OCDLA feedback on: (1) seriousness rankings to be given new or revised felonies and marijuana item-related felonies in the Crimes portion of House Bill 3400, and (2) classifications as "person crimes" for new or revised felonies and misdemeanors. This file and this file show the matters under CJC consideration. The CJC will make its decisions at its January 12, 2016 meeting. The meeting will begin at 1:00 p.m. It will be held in the CJC Conference Room, 885 Summer Street NE Salem, OR 97301. The meeting is open to the public. OCDLA members may attend to submit their suggestions, or they may submit their suggestions to CJC member Greg Hazarabedian, at email@example.com.
Barnes Ellis has stepped down of chair of the Public Defense Services Commission after over 14 years of service. Prior to his appointment to the PDSC he chaired the Board of the Metropolitan Public Defender for 28 years. A retired partner of the Stoel Rives law firm in Portland, he continues working as general counsel for MercyCorps.
Chief Justice Thomas Balmer has appointed Shaun McCrea of Eugene to replace Barnes as chair and John Potter as vice chair.
Most members are aware of the passing of Bill Dials a few months ago. He left behind a large library of criminal defense materials (numerous OCDLA binders, Kirkpatrick, etc.). His former building mate is looking for a good home for the material. It would be most appropriate a newer attorney, or someone striking out on their own and needing to build up some reference materials. If you are interested in the materials, contact James Gregory.
The mission of the Multnomah Bar Foundation is to increase the public's understanding of the legal system, to promote civic education, public participation and respect for the law, to improve the quality and administration of the legal system, and to support programs and projects related to the MBF's purpose. Since 2006, the MBF has awarded grants totaling more than $320,000 to nonprofit organizations with programs dedicated to increasing civic participation. To make a tax‐deductible contribution online go here.
We have a new feature on our website that allows members to reset their passwords. When a member enters their username and submits the form, the member will receive an email containing a password reset link. We will no longer keep passwords on file for members, however we will continue to store usernames. If you've been wanting to change your password, try it by going here (passwords may not contain underscores).
OCDLA is beginning a mentorship program for law students and newer members. The program will pair law students and new attorneys with members who have practiced criminal or juvenile defense for six or more years and will be a less formal alternative to the Oregon State Bar Mentorship Program.
We envision newer attorneys meeting with mentors to ask questions about criminal or juvenile defense practice or to discuss their ups and downs.
Mentors can expect to spend approximately four hours per month meeting with a mentee either by phone or in person.
If you would like to be an OCDLA mentor, please email firstname.lastname@example.org. Once we have a pool of mentors we will reach out to mentees.
Amy Miller, Deputy General Counsel, OPDS
According to a February 2015 survey of public defense attorneys, youth are routinely and indiscriminately shackled during juvenile court proceedings in over 40% of Oregon’s counties. This practice is contrary to the Court of Appeals holding in State ex Rel. Juve. Dept. v. Millican, 138 Or App 142 (1995), in which the court found juveniles have the same right as adult defendants to appear free from physical restraints.
Furthermore, according to Dr. Marty Beyer, a nationally recognized expert on adolescent development and juvenile justice,
It is generally accepted by juvenile justice and mental health professionals that the use of physical restraints with children and adolescents should be limited to rare situations when a young person poses an immediate threat to others’ safety. Physical restraints should not be a routine practice with children and adolescents. (emphasis added)
But there is good news from Deschutes County—thanks to the efforts of juvenile practitioners there, youths now appear in court unshackled unless a judge approves the use of shackles for an individualized concern of an escape risk or risk of violence by the youth. This policy went into effect on April 27, 2015. An article written by Tom Crabtree about the road to this achievement will appear in the June-July 2015 issue of The Oregon Defense Attorney journal.
If you’d like to address this issue in your county there are resources available to assist you. The Campaign Against Indiscriminate Juvenile Shackling website and the Juvenile Shackling Motions section of the Library of Defense contain affidavits and sample motions to get you started. Contact me, email@example.com, if you’d like further information.
ACLU of Oregon has hired David Rogers to be its new executive director. David has more than 25 years of social justice organizing, advocacy, and organizational development. As the former executive director of Partnership for Safety and Justice (PSJ), Rogers spent nearly a decade leading groundbreaking work in the areas of criminal justice and public safety. He takes the helm on June 1. Read the complete announcement on the ACLU website.
Soccer fans!! OCDLA has four tickets to the final match of the Women’s World Cup, July 5, 2015, in beautiful Vancouver, BC. Take a trip to Canada and watch the world’s best soccer. The tickets will be auctioned online in June – follow us on Twitter and Facebook for details. Proceeds benefit OCDLA’s Scholarship Fund.
2015 Ross Shepard OCDLA Service Award Recipient — Chris Hansen
OCDLA Life Member Chris Hansen is the recipient of the first Ross Shepard OCDLA Service Award which was created in 2014 to recognize members who have made a significant difference to the association. Chris has been a public defender at Public Defender Services of Lane County in Eugene since 1977 and is retiring this month. He is a founding member of OCDLA and was instrumental in OCDLA’s purchase of its new office building. Chris has been hailed as one of the last gentleman defense lawyers in Lane County. The Ross Shepard OCDLA Service Award will be presented at the 2015 Annual Conference, June 18–20, Mt. Bachelor Village, Bend.
2015 Ken Morrow Lifetime Achievement Award Recipient — Peter Gartlan
Peter Gartlan will be the recipient of the 2015 Ken Morrow Lifetime Achievement Award, created in 2000 to recognize the lifelong commitment and significant achievements of attorneys who have worked in the defense community and those who have made important contributions to the administration of justice. Peter currently serves as the Chief Defender for the Appellate Division of the Office of Public Defense Services in Salem and is retiring this month. Peter has served the state and citizens of Oregon for 27 years. The 2015 Ken Morrow Lifetime Achievement Award will be presented at the 2015 Winter Conference, December 4, Benson Hotel, Portland.
The Publications Committee will develop new publications and improve existing publications as a means to better educate members and sustain an important revenue source for the OCDLA. Chairperson Terri Wood, Eugene, invites members with publication ideas or suggestions to email her at firstname.lastname@example.org or to contact any other person on the committee: Alex Bassos, Tony Bornstein, Leslie Nitcher, Mike DeMuniz, Erin Snyder, Noah Horst, Hugh Duvall, Brian Walker, and Stacey Reding. View the Committee page (scroll down to “Publications”) for member contact information.
Pro Bono Lawyers Needed
The Clemency Project 2014 (CP 2014) seeks the assistance of lawyers in a national pro bono effort to secure freedom for many federal inmates who are serving unnecessarily harsh sentences for non-violent offenses. CP 2014 is a working group composed of lawyers and advocates including the Federal Defenders, the American Civil Liberties Union, Families Against Mandatory Minimums, the American Bar Association, and the National Association of Criminal Defense Lawyers. The group launched last January after Deputy Attorney General James Cole asked the legal profession to provide pro bono assistance to federal prisoners who would likely have received a shorter sentence if they had been sentenced today.
More than 21,000 federal inmates have asked for help in submitting a clemency petition. This is truly a rare and extraordinary opportunity to provide relief for many who have lost hope and to demonstrate the generosity and public commitment to justice that so typifies the nation’s criminal defense bar.
For more details and to volunteer for this important project visit “Volunteers” on the Clemency Project 2014 website.
Friday Night Diner • December 5 • 6:00 p.m. • The Benson Hotel
Please join the OCDLA Board of Directors in honoring Steve Wax with the prestigious Ken Morrow Lifetime Achievement Award. Steve is the 11th recipient of the award, which was created by OCDLA following the passing of renowned Eugene attorney Ken Morrow to recognize the lifelong commitment and significant achievements of attorneys who have worked in the defense community, and those who have made important contributions to the administration of justice. More.
OCDLA has hired Perseverance Strategies and Justin Martin, as our new fiscal lobbyist. Justin will be a great fit for OCDLA and brings a wealth of legislative experience and political knowledge to our team. While his focus will be to secure additional funding for public defense providers, he will also be available to help provide strategic assistance to Gail Meyer on the substantive side, and will work to strengthen participation in the OCDLA PAC. Justin began his OCDLA duties appropriately on Labor Day, September 1st.
Thank you to law student Sam Robell and Library of Defense editor Alex Bassos for creating the Motion Bank in the library. Thanks also to all of the OCDLA members who contributed their motions — you can see their names on the Motion Bank page. Motions are in Word and include the motion name, date and author. There is also a section where users can add the names of motions that should be added to the bank. To find the Motion Bank, enter the phrase “Motion Bank” in the search box and press return.
HOW YOU CAN HELP — Add new motions to the Motion Bank. If you have questions send an email to Alex Bassos, email@example.com.
Got a case in Lane County and need clothes for your client? St. Vincent de Paul has agreed to assist. Lawyers and their clients can visit any St. Vinny store and let the clerk know that you would like to get clothes for court. St. Vincent de Paul will donate the clothes. The best selection and most convenient location to the courthouse is the store at 6th and High Street in Eugene. If there are questions or problems, contact general stores manager Leisha Wallace at 541-510-1749. If there isn’t a similar program in your county, contact your local St. Vincent de Paul to inquire about starting one. Thanks to St. Vincent de Paul for your support and cooperation.
Barry Scheck, Co-Founder and Co-Director of the national Innocence Project will be the featured speaker at a Launch Party to benefit the Oregon Innocence Project. Special guests also include Paul De Muniz, Phil Margolin, Elden Rosenthal and Representative Jennifer Williamson. The event will be held at Stoel Rives LLP, Portland on April 9.
Every state in the country now has, or is covered by, a local Innocence Project or program except for Oregon. The OIP will be the only program within Oregon whose sole mission is to actively track inmates’ claims of innocence, investigate those claims, test DNA and other scientific evidence, and litigate when appropriate. The OIP is administered by the Oregon Justice Resource Center (OJRC), a 501(c)(3) tax-exempt organization.
Grant Application Deadline May 2
The John R. Justice (JRJ) Grant Program provides loan repayment assistance for local, state, and federal public defenders and local and state prosecutors who commit to continued employment as public defenders and prosecutors for at least three years. Oregon’s Department of Justice, Crime Victims’ Services Division administers the JRJ Grant Program.
Apply — the John R. Justice Grant Program application is currently open and will close on May 2, 2014. Additional information can be found at http://www.doj.state.or.us/victims/pages/jrj.aspx. Complete and submit an online application at www.cvsdegrants.com.
Mock Trial Competition — Volunteer Lawyers Needed
CLP is still in need of volunteer lawyers to judge students who have worked hard to prepare for the annual Mock Trial Competition. Students will try a civil case in which a teenage soccer player suffers one-too-many concussions and sues her soccer club and coach for damages.
The regional competition takes place March 1 in Portland, Albany, Baker, Bend, Hillsboro, Medford, and Oregon City. The state finals competition takes place Friday evening, March 14 and Saturday morning, March 15 in Portland. Volunteer for any of the rounds here: http://www.classroomlaw.org/volunteer. For more information contact Martha Doyle, (503) 224-4424, firstname.lastname@example.org.
A Celebration of Life for Ross Shepard will be held Wednesday, November 6, 3:00 p.m., at the John G. Shedd Institute for the Arts, 868 High Street, Eugene, Oregon. Ross Shepard was an OCDLA life member, past president of the association, vigilant lobbyist, tireless voice for the accused, and an ardent advocate for adequate public defense funding. He died last week of natural causes in his home. He was 67. In lieu of flowers, by family request donations may be made to OCDLA in memory of Ross.
Section 13 of HB 3194, the omnibus “justice reinvestment” bill passed this year, does two critical things:
1. It shifts the burden of creating a transitional leave plan from the inmate to DOC (previously, the inmate was charged with creating such a plan and securing DOC approval).
2. It increases the transitional leave period from 30 to 90 days.
It is essential that this provision be fully utilized in order for DOC to experience the reduction in bed space that is projected. Ostensibly, all 36 elected DAs are on board and supportive of this provision and are most interested in seeing it fully utilized. However, if you encounter a deputy DA who is forcing your client to waive this provision or stipulate to a shorter period, by all means appeal that up the chain of command to the elected DA, and inform OCDLA’s legislative lobbyist, Gail Meyer, email@example.com.
John Hummel, a former OCDLA lobbyist and former Bend city councilor, has announced his candidacy for Deschutes County District Attorney. The current DA, Patrick Flaherty, was also an OCDLA member before getting elected in 2010.
OCDLA staff member Jennifer Root has published her first book of poetry, The Company of Sharks. Floyd Skloot, Oregon Book Award winner and author of over a dozen books including poetry, novels, memoirs, and essays has said, Root “is a poet of watchfulness and endurance, with stark clarity of vision and a genuine gratitude for beauty.” Purchase The Company of Sharks online. Congratulations, Jennifer!
Oregon Law Center’s Hillsboro Regional Office announces its expungement project, Scrubbing Criminal Records to Unlock Barriers (SCRUB). Project SCRUB will provide low-income members of the community with legal and financial assistance to expunge their Washington County criminal records, helping to remove the barriers that can prevent them from finding jobs and housing.
The project needs pro bono attorneys to donate 1–3 hours on the third Friday of the month to help with filling out court documents and providing advice. Upcoming clinic dates are November 15th and December 13th. Volunteers receive 1 general credit of expungement training. Each clinic will also be supported by an OLC attorney who will be there to do applicant intake and assist volunteers. For more information or to volunteer contact Benjamin Ybarra at firstname.lastname@example.org or 503-640-4115.
Art Reach Gallery, First Congregational Church, Portland
Opening Reception • November 7, 5:00–7:00p
“Light out of Darkness,” is an art show by inmates on Oregon’s death row featuring cards, origami, and boxes made out of recycled cards, as well as butterflies painted with the color coating of M&M candy. The exhibit hopes to engage viewers in the idea that change is constant, even on death row and that society does not benefit when resources are wasted preparing for million dollar executions rather than helping victims’ families and preventing crime. Work is available for purchase for a minimum donation. The gallery is also open during November, M-F, 9:00a – 2:00p or by appointment. Visit the Gallery. For more info, contact the Correspondents Committee at email@example.com.
Friday Night Dinner • December 6 • 6:00 p.m. • The Benson Hotel
Please join the OCDLA Board of Directors in honoring Emily Simon with the prestigious Ken Morrow Lifetime Achievement Award. Emily is the 10th recipient of the award, which was created by OCDLA following the passing of renowned Eugene attorney Ken Morrow to recognize the lifelong commitment and significant achievements of attorneys who have worked in the defense community, and those who have made important contributions to the administration of justice.
• Master of Ceremonies — OCDLA President Lane Borg
• Speakers paying tribute to Emily — Josh Heumann, Nick Ure, and David McDonald
• Wine for the event provided by J. Scott Cellars, Eugene
Seats are filing up fast — this is not the year to sign up at the last minute. Click here to make your reservation today.
OCDLA has one very nice office available for rent at 101 E. 14th Ave in Eugene. Only blocks from the Lane County Courthouse, the office offers high visibility, large meeting space, a private bathroom, optional assistant work space and private parking. Contact John Potter for a tour and more information: 541-686-8716 or firstname.lastname@example.org.
The deadline for application is November 29, 2013. The Uniform Trial Court Rules (UTCR) Committee seeks attorneys to fill two positions that will open at the beginning of 2014. We desire applicants with significant trial experience in criminal defense and in general civil law. These are volunteer positions with appointment made by the Chief Justice of the Oregon Supreme Court.
The UTCR Committee is an advisory group to the Chief Justice that makes recommendations on the UTCR and Supplementary Local Rules. It meets twice a year in the spring and fall in Salem. Members work with judges, attorneys, and court staff from across the state on issues that directly affect litigation practice.
To apply, please send a resume and cover letter (describing your law practice, areas of expertise, qualifications, rulemaking experience, and involvement in similar groups) to: email@example.com or Bruce C. Miller, Office of the State Court Administrator, Supreme Court Building, 1163 State Street, Salem, Oregon 97301.
James Britt, 50, of Portland passed away on October 1. He began his law career in Eugene before moving back to Portland, where he last worked as an attorney at Calhoun & Fishback. Colleagues say that "James could always find the laugh in a pile of misery." Friends and family will remember his wit, his infectious laugh, and intense devotion to his son and family.
Mitch Howe, 70, of Lebanon passed away on October 6. He married is wife Eva Smith in 1982. Mitch found his true calling as a criminal defense investigator and assisted in innumerable death penalty cases with energy and enthusiasm, opening his own office in Corvallis until retiring in September 2012.
Dan Schoen, the Executive Director of the Colorado Criminal Defense Bar, died on October 15. A tireless advocate for the poor, an unyielding death penalty foe and effective political activist, Dan was a friend of OCDLA and will be sorely missed. He was 45 and is survived by his wife and young daughter.
OCDLA’s “Brady Bill” (SB 492), making discovery statutes consistent with the constitution, was signed by Governor John Kitzhaber on August 27th. Photo: the Governor signing, while DeAnna Horne, Gail Meyer, John Potter, David Angeli, John Henry Hingson, III, and Aaron Jeffers watch.
The Willamette University College of Law Moot Court Board is searching for volunteer attorney judges for two trial competitions and one appellate competition this fall. All competitions will be held at the Willamette University College of Law, Salem. The dates are:
• Spaulding Civil Trial Competition — September 9–12, 2013
• Don Turner Criminal Trial Competition — October 14–17, 2013
• National Appellate Competition — November 12–15, 2013
You may be eligible to receive CLE credit for your time. If you are interested in judging one or more of the competitions, or know someone who may be interested, please click here to complete the judge sign-up form.
The Willamette Moot Court Board owes its continued success to its wonderful supporters in the legal community. Please contact Moot Court Board Judges Chair Elizabeth Polay, firstname.lastname@example.org, if you have any questions.
Visit the Library of Defense for a quick table of contents and link to a PDF summary of all bills that (1) passed the 2013 legislature and (2) may be immediately relevant to your practice. If you have specific questions about bills, contact Gail Meyer at email@example.com.
In an August 12 speech, Attorney General Eric Holder addressed the need to expand indigent defense and provide counsel for juveniles. He said:
"Through the Department’s Access to Justice Initiative, the Civil Rights Division, and a range of grant programs, this Administration is bringing stakeholders together — and providing direct support — to address the inequalities that unfold every day in America’s courtrooms, and to fulfill the Supreme Court’s historic decision in Gideon v. Wainwright." Read Holder's speech in its entirety here
2013 is the 50th anniversary of Gideon v. Wainright. 2014 is the 50th anniversary of the State Public Defender in Oregon. To coincide with the latter anniversary, OCDLA member Marc Brown is compiling a history of public defense in Oregon. Marc would like to interview as many people as possible. Are you a longtime public defender in Oregon with recollections of the old days? Were you a public defender back in the days when public defense was funded by the counties? Do you have stories to tell? Anecdotes to share? If so, please contact Marc at firstname.lastname@example.org.
Private bar board members elected at the Annual Conference are:
• Celia Howes, Portland, District 5 (newly elected)
• Megan Jacquot, Coos Bay, District 3 (re-elected)
• Gordon Mallon, Silverton, District 6 (re-elected)
New public defenders joining the board are:
• Sara Collins, Medford, Southern Oregon Public Defender, Inc. (replacing Kelly Ravassipour)
• Dave Ferry, Salem, Office of Public Defense Services (replacing Eric Johansen)
Officers elected at the June 14 board meeting are:
• Lane Borg, President
• Terri Wood, Vice President
• Eve Oldenkamp, Secretary
OCDLA rang in a new era on July 19 with a grand celebration of its’ new home and headquarters. To start, we celebrated the charter donors who kick started the OCDLA: The Next 30 building campaign. Donors watched a fun and moving PowerPoint presentation (download the PowerPoint here) depicting the history of the building project. Executive Director John Potter and Board President Lane Borg followed with a few words of appreciation.
Following the donor celebration OCDLA welcomed over 150 members, state legislators, judges, local businesses and friends in the community to an Open House. La Perla Pizzeria, Ninkasi Brewing, and Tom Cronkrite of TravelPro all provided food or drinks to help fuel the good times. See photographs of the event on the OCDLA Facebook page.
The scope of the campaign has spanned the leadership of four OCDLA Presidents: Greg Hazarabedian, Cate Wollam, Rob Raschio, and now Lane Borg. While we have made considerable progress in reaching our financial goal, the OCDLA: The Next 30 fundraising campaign continues. To support this effort, please call us at 541-686-8716 or email Riley Jones at email@example.com.
OCDLA’s legislative lobbyist Gail Meyer is digesting and analyzing all the bills that affect criminal defense and juvenile practitioners. Until that analysis is ready for final publication (sometime near the end of August), you can refer to a chart of passed legislation on the Library of Defense. This chart roughly categorizes the bills by topic and contains their effective dates. Download a PDF of the chart. If you have specific questions about bills in the meanwhile, feel free to contact Gail Meyer at firstname.lastname@example.org.
OCDLA Raised $6,800 in Silent Auction at Annual Conference: Another sunny & successful Silent Auction was held at Seventh Mountain Resort during an OCDLA beer, wine & spirits tasting. Bidding on over 55 auction items ranging from Randy Newman tickets to a basket of sparkling wines and much, much more, OCDLA members gave over $6,800 to the association’s legislative work.
Duane Parnell Wins at Texas Hold ‘Em: OCDLA member investigator Duane Parnell of Sutherlin won the Annual Conference Texas Hold ’Em Poker Tournament and took home $1,000, plus the Dead Presidents Tournament trophy. Coming in 2nd was Dan Kruse, Eugene, 3rd—Ed Kroll, Hillsboro, 4th—Dave Celuch, Portland, and 5th was Dan Taylor, Newport. They all took home cash prizes, congratulations!
Big Island Raffle Winner: Life member and Past Board President Greg Veralrud, Eugene, won the Big Island raffle at the June Annual Conference. Congratulations Greg!
After years of ideas, properties, planning and negotiations, the Oregon Criminal Defense Lawyers Association now has its very own office building. The acquisition of this perfect building at 101 E. 14th Avenue in Eugene provides stability, ample room for future growth, and allows us to host small CLEs, trainings and meetings. Modest renovations begin soon, but we invite all members to attend our open house scheduled for Friday, July 19th. View a few photos here.
The National Juvenile Defender Center recently published an important new work entitled National Juvenile Defense Standards. They present a systematic approach to zealous, competent and diligent defense practice in juvenile court and set out a framework for representation that is anchored in law, science and the professional responsibilities of lawyers. The document will inform the Public Defense Services Commission in fulfilling its statutory obligation to ensure the provision of public defense services consistent with “national standards of justice.” ORS 151.216. The document is also informing the work in progress to update the Oregon State Bar performance standards for attorneys in criminal and juvenile delinquency proceedings. Available as a free download at www.njdc.info.
The goal of the members-only DUII Listserve is to connect OCDLA’s DUII practitioners and discuss issues that come up in DUII practice such as diversion, motions to suppress, case theories and divergent county policies and practices. In addition, the DUII Listserve will serve for DUII related announcements and reminders for events like the monthly Portland DUII meeting or general announcements and discussions regarding law, cases and developments in the area of DUII law. To subscribe, send an email to email@example.com with “Subscribe DUII” in the subject line.
The National Assocation of Criminal Defense Lawyers (NACDL) has launched a national web-based Restoration of Rights Project. The resource is available at this link: http://www.nacdl.org/rightsrestoration/. It provides a comprehensive 50-state survey of the various mechanisms available to assist clients in obtaining the restoration of their rights following a criminal conviction.
LifeSafer is now a proud sponsor of OCDLA. LifeSafer has been helping people in Oregon get back on the road safely and quickly for over 20 years. With 18 convenient locations around the state, and plans to open more, LifeSafer makes the process easy. Send your clients to this website to claim their special discount. You can also call 1-888-337-5501.
Over 200 guests came out on a wet wintry Portland evening to honor one of Oregon’s most esteemed jurists with the OCDLA Ken Morrow Lifetime Achievement Award: Justice Paul J. De Muniz. Justice De Muniz is the eighth recipient of this prestigious award, joining John Henry Hingson, III, Bert Putney, Judge Linda Bergman, Jim Hennings, Duane McCabe, Ralph Smith, and Bob McCrea. Created in 2000 following the death of Oregon’s legendary criminal defense attorney Ken Morrow, the Ken Morrow Lifetime Achievement Award recognizes the lifelong commitment and significant achievements of attorneys who have worked in the defense community and those who have made significant contribution to the administration of justice. Representatives Wayne Krieger and Wally Hicks attended to honor the retiring Chief Justice, as were Judges from the Oregon Court of Appeals and new Chief Justice Thomas Balmer.
A portion of the evening is dedicated to fundraising for OCDLA’s ongoing legislative work, and a lively auction headed by OCDLA Vice President David McDonald and a Special Appeal conducted by Master of Ceremonies and OCDLA President Lane Borg, OCDLA raised over $26,000—a new record. Life Member and Salem Attorney Jason Thompson gave an impassioned pitch for funding the work of lobbyist Gail Meyer when he described a Jessica’s Law case he had that resulted in a not guilty verdict when he was able to show the jury a recording of the defendant’s “confession” — a recording that would never have taken place if it weren’t for the work of Gail Meyer and OCDLA’s Legislative Committee in getting a custodial recording bill through the Oregon Legislative Assembly in 2009. But, in addition to his story, he brought his client and his client’s grandmother up to the stage to meet Gail in an emotional surprise to everyone present. Not too mnay eyes remained dry at that point, and the pledges came in quickly.
Join OCDLA on Friday, November 30, at the Benson Hotel as we honor former Oregon Supreme Court Chief Justice Paul De Muniz with the presentation of the Ken Morrow Lifetime Achievement Award. The evening will be highlighted by presentations from former Justice Michael Gillette, Chief OPDS Public Defender Peter Gartlan and Paul’s two sons, Mike and Peter. Standard tickets: $60 single, $100 couple; Benefactor: $75 Benefactors, $150 couple. Or sponsor a table of eight for $600. Call 541-686-8716 to order your tickets today.
OCDLA member Ben Eder has been named an Up and Coming Lawyer by the Daily Journal of Commerce. The annual awards recognize attorneys who have demonstrated commitment to the legal profession early in their careers, are active in professional organizations, give back to their community, and are leaders in their field.
• Read about Ben on the Daily Journal Commerce website.
Paul Levy, OPDS
As a result of HB 3100, passed by the 2011 Oregon Legislature, new requirements become effective January 1, 2012, for the introduction of evidence to establish the defense of insanity in adult criminal and juvenile delinquency proceedings. Among the new requirements are provisions requiring that prior to trial the defense submit a report of a psychological or psychiatric evaluation conducted by a “certified evaluator.” The legislation directs the Oregon Health Authority (OHA) to establish rules for certification. The OHA is in the process of finalizing administrative rules governing certification.
Effective January 1, 2012, OPDS will require that attorneys seeking nonroutine expense funds for psychiatric or psychological evaluations for the purpose of investigating or establishing possible insanity defenses use experts who have been certified pursuant to the rules established by the OHA or explain why such certification should not be required.
The legislation also establishes new requirements for evaluations ordered by the court for purposes of determining whether a person is able to aid and assist. Although certain defense-requested evaluations may not be covered by the new legislation, OPDS will ordinarily require that the requested psychologist or psychiatrist also be certified to conduct evaluations where insanity is an issue since that issue may also arise in such cases, unless the attorney requesting the evaluation explains why such certification should not be required.
The new legislation is explained in more detail, along with links to HB 3100 and other relevant documents, in a post by Alex Bassos in the Library of Defense.
While attorneys clearly need to be well informed about this new legislation, so too do the psychologists and psychiatrists with whom you work. Please share this information broadly with your attorney colleagues, and with the psychologists and psychiatrists with whom you have worked on past and current cases.
If you have questions about this matter please contact Paul Levy, General Counsel, Office of Public Defense Services, at 503-378-2486 or email him at firstname.lastname@example.org.
Join OCDLA on Friday, December 2 as we honor OCDLA Past President John Henry Hingson, III, with the presentation of the The Ken Morrow Lifetime Achievement Award. The award recognizes attorneys, who, through their long standing commitment to the practice of criminal defense, have significantly reconfigured the landscape of the defense community in Oregon. Please join us for this special event at the Benson Hotel in Portland. Standard tickets: $60 single, $100 couple; Benefactor: $75 Benefactors, $150 couple. Or sponsor a table of eight for $600. Watch your mailbox and inbox for details, or call to order your tickets today. Congratulations, John Henry!
The family requests that “any remembrances be made to the foundations listed below — both causes were near and dear to Joe’s big, gruff heart. Joe was working hard to the end and would appreciate that folks in OCDLA continue to defend, defend, defend. A memorial is planned for September 23rd at the PPS Blanchard Building, 501 N Dixon, Portland, 5:00 p.m. Until then, a Bushmills and a beer back are in order. Donna would likely remind you to give your family a hug.” — Bruce Tarbox.
Updated DUII Diversion forms necessitated by recently passed legislation are available here. Contact Kimberly Dailey (Kimberly.Dailey@ojd.state.or.us or 503-986-6416) if you have questions or concerns regarding these forms.
The MacArthur Foundation points to the declines in juvenile crime rates and fiscal pressures as good reason for state and local governments to rethink the wasteful and unnecessary warehousing of youth. In addition to MacArthur-supported research, that has helped to establish the profound developmental differences between adolescents and adults, the foundation points to the cases in which the U.S. Supreme Court has ruled repeatedly that the justice system cannot ignore those differences. Practice reforms based on research have demonstrated that treating kids as kids, recognizing their differences and responding to their needs, reduces costs to taxpayers, makes communities safer and improves the life chances of young people in trouble with the law. To read about what states are doing go to: http://www.modelsforchange.net/index.html
The National Institute of Justice has been preparing a Fingerprint Sourcebook. As described by the NIJ, the book “aims to be the definitive resource on the science of fingerprint identification.” The Sourcebook was prepared by the International Association for Identification and topics covered include the anatomy and physiology of friction ridge skin (the uniquely ridged skin found on the palms and soles); techniques for recording exemplars from both living and deceased subjects; the FBI's Automated Fingerprint Identifications Systems (AFIS); latent print development, preservation and documentation; equipment and laboratory quality assurance; perceptual, cognitive and psychological factors in expert identifications; and legal issues.
NIJ has released 13 of the anticipated 15 chapters, each of which can be downloaded for free, here: http://www.nij.gov/pubs-sum/225320.htm. These documents may be useful when cross-examining fingerprint experts.
When asked about his position on cameras in the United States Supreme Court Courtroom, Justice Souter famously responded, “I can tell you the day you see a camera come into our courtroom, it’s going to roll over my dead body.” Fortunately, our justices do not share Justice Souter's opinion. With no dead bodies in sight, the OSC began to stream oral arguments live and on demand earlier this month. To watch an oral argument, go to http://courts.oregon.gov/Supreme/webcasting.page and click on the link in the middle of the page. That will take you to a menu with cases. The first time you click on a case, you will be asked to download a plug-in from Microsoft. After you have completed that process, you will be able to watch the arguments.
If you’re following OCDLA on Twitter, you already know that the Washington Association of Criminal Defense Lawyers successfully sued the Seattle Police Department, accusing the department of withholding information from defense attorneys about its handling of domestic-violence cases. Read the whole story here. If you’re not following OCDLA on Twitter, sign up here.
The U.S. Supreme Court has denied certiorari in Herrera v. Oregon, the unanimous jury case preserved by DeAnna Horne and appealed by Bear Wilner-Nugent. That means that Apodaca v. Oregon, the much-disparaged plurality opinion that allows for 10-2 guilty verdicts, continues to be the law. But that doesn't mean the fight is over. Most experts believe the Court will take up non-unanimity at some point. That means it is imperative that you continue to preserve this issue while we continue to search for the right case.
Everything you could conceivably want to know about how to argue and preserve the unanimous jury issue can be found here. If you have never been to www.mpdtrainer.com before, take some time to explore. Lots of good stuff for Oregon criminal defense lawyers.
At the link above you'll find a five-minute video of Bronson James in which he suggests that the path forward is to tie together non-unanimity and minority disenfranchisement. Studies have shown that non-unanimous jury schemes systematically silence the voices of minority jurors. So if the dissenting and majority jurors break down on racial grounds, you should put that on the record as well as otherwise preserving the issue.
Updates, as they happen, will be posted on www.mpdtrainer.com.
The Psychiatric Security Review Board Juvenile Panel has adopted permanent Oregon Administrative Rules (OAR) Chapter 859, Division 501 – 600 establishing policies and procedures for the Juvenile Panel. Those rules are online here. Scroll down to see links to specific divisions.