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.
This page is updated approximately every six weeks.