News: Announcements
Ken Morrow Lifetime Achievement Award Event Overwhelming Success
December 6, 2012
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.
The Ken Morrow Lifetime Achievement Award — Justice Paul De Muniz
October 1, 2012
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.
Completely Updated! 2012 Felony Sentencing in Oregon, Fifth Edition
October 1, 2012
OCDLA’s 2012 edition of Felony Sentencing in Oregon: Guidelines, Statutes, Cases, edited by Jesse Wm. Barton, is available. Jesse has blended over 22 year’s worth of administrative and statutory law, and significant case law developments since the guidelines’ inception in 1989.
The new fifth edition includes must-know constitutional challenges to sentencing options, a 17-page outline that serves as a quick-reference guide to the manual’s major topics (by cross-referencing to the manual’s sections), and a copy of the current Sentencing Guidelines Grid (a $20 value).
The fifth edition is a completely new manual. If you own a 2008 or earlier version, you need to purchase the new 2012 manual. The fully bookmarked and searchable PDF is only $225 (hardcopy, $275) and available for purchase and immediate download here. Read it on your desktop computer or tablet. Use Acrobat’s Advanced Search to find all instances of a word, phrase or case in seconds. You may also print your PDF.
New Board Members, Officers Elected at Annual Conference
June 18, 2012
New private bar board members elected at the Annual Conference are:
• Eve Oldenkamp, Klamath Falls, District 1
• Terri Wood, Eugene, District 2
• Edward Kroll, Hillsboro, District 4
• Russell S. Barnett, III, Portland, At-large
New public defenders joining the board are:
• Carole Hamilton, Southwestern Oregon Public Defender, Inc., Coos Bay
• Robert Kaiser, Public Defender Services of Lane County, Eugene
Officers elected at the June 15 board meeting are:
• Lane Borg, President
• David McDonald, Vice-President
• Megan Jacquot, Secretary
See board of directors and view district map here.
Ben Eder Named Up & Coming Lawyer by Daily Journal of Commerce
Posted December 16, 2011
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. Ben is currently coordinating OCDLA’s March 9–10, 2012, DUII Defense Seminar: Science, Doubt and Success, and wrote the “DMV Hearings” chapter in the DUII Trial Notebook.
• Read about Ben on the Daily Journal Commerce website.
OPDS Alert Regarding Certification Requirements for Mental State Evaluations
Posted December 16, 2011
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 paul.levy@opds.state.or.us.
WANTED: Clemency for Wendy Maldonado
Posted December 16, 2011
In April 2006 Wendy Maldonado pled guilty to voluntary manslaughter of her husband and in June 2006 began serving a ten-year Measure 11 sentence. Many believe the killing was justified since Maldonado and her four children had suffered through years of beatings and abuse. Maldonado’s story was featured in the documentary, One Minute to Nine, which has received a variety of film awards.
Supporters are seeking pro bono assistance in preparing a clemency petition. The clemency petition must provide a legal argument in favor of clemency, particularly with regard to a battered woman defendant’s use of force as a justifiable means of self-defense. Further, the petition needs to provide a persuasive rationale in favor of setting aside the Measure 11 imposed mandatory minimum sentence in this case.
• If you are interested in helping Maldonado’s family in this effort, contact Reb Zwart at rebster08@gmail.com or 503-502-4837.
• To learn more about this case visit www.freewendyandherfamily.com
Judge Roosevelt Robinson 70th Birthday Commemoration
Posted November 18, 2011
The commemoration of Judge Roosevelt Robinson’s 70th birthday is the culmination of an effort led by the Judge's friends and colleagues to raise funds for the Roosevelt Robinson Minority Scholarship. By increasing the scholarship's endowed fund, the law school can award a larger scholarship to one deserving student or increase the number of recipients each year. The event takes place on Thursday, January 19, 2012, 4:00 p.m. – 7:00 p.m. at the Multnomah County Courthouse, Courtroom 602, Portland. View announcement.
Survey — DA Use of Discretion to Authorize Veteran-Diversion Under SB 999
OCDLA Legislative Advocate Gail Meyer is collecting information relating to DA use of discretion to authorize veteran-diversion under SB 999. Please download and complete the survey, and return it to Gail Meyer, glmlobby@nwlink.com by Friday, October 21.
The Ken Morrow Lifetime Achievement Award
Posted September 8, 1011
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!
Forrest “Joe” Rieke Passed Aug. 29, 2011
We will miss you…
Posted September 8, 2011
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.
In lieu of flowers, send donations to:
• Portland Public Schools Education Foundation
• Oregon Health Sciences Education Foundation
OCDLA Member Running for OSB Board of Governors
Posted September 8, 2011
In announcing his candidacy for the OSB Board of Governors, Patrick Ehlers, an Assistant Federal Public Defender, promises to "give a voice to the criminal defense perspective on the Board of Governors." Ehlers has been a criminal defense attorney for the past seventeen years. There are currently no members of the BOG who practice criminal defense full time.
This October the Oregon State Bar membership will elect three new members to the BOG. Elhers is running in Region 5 (Multnomah County). Active bar members will be able to vote online through the bar’s website beginning October 3rd. Voting closes at 5:00 p.m. on October 17. To ensure you receive an email reminder to vote, log in to the OSB website and make sure your email address is up to date.
• Read Pat Ehlers’ candidate's statement.
• See a list of candidates and general information on the BOG.
DUII Diversion Forms Available from Oregon Judicial Department
Posted August 4, 2011
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.
Key Illinois Legislator and Repeal Champion Coming to Oregon
Posted May 27, 2011
On the heels of the repeal of the Illinois death penalty, Oregonians for Alternatives to the Death Penalty (OADP) have invited Rep. Karen Yarbrough, sponsor of the Illinois legislation to repeal that state’s death penalty, to be the featured speaker at a public event on June 8. Illinois governor Pat Quinn signed the legislation into law on April 11.
Rep. Yarbrough’s legislative themes have been public health and public safety. She has been a stalwart fighter to increase assistance for those incarcerated and funding for programs that provide a “second chance.” In her many legislative leadership roles, she has been a champion of the disenfranchised.
The ecumenical event, free and open to the public, takes place at 7:30 p.m. on June 8 at St. Mary’s Cathedral of the Immaculate Conception, 1716 Davis St., Portland. For more information contact Ron Steiner, (503) 990-7060 or info@oadp.org. Read the complete press release here.
Public Defense Services Commission Request for Proposals
Posted May 27, 2011
The Office of Public Defense Services has issued a Request for Proposals for Public Defense Legal Services Contracts and Public Defense Mitigation Investigative Services Contracts, for contracts beginning January, 2012. The deadline for submission is June 13, 2011. Details can be found on the PDSC website.
Are We On the Brink of Juvenile Justice Reform?
Posted May 27, 2011
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
Fingerprint Sourcebook Available
Posted May 27, 2011
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.
Oregon Supreme Court Streams Arguments Live and On Demand
Posted May 27, 2011
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.
Nancy Bergeson Reward Fund
Posted April 7, 2011
The family of Nancy Bergeson has established the Nancy Bergeson Trust to build a reward fund for anyone who supplies the police with information leading to the arrest and conviction of the person or persons responsible for the murder. You may contribute to the fund by either making a cash donation, or making a pledge. Click here for a flier that includes details on how to contribute and who to contact if you have information that may be helpful to the case.
Seattle Police Cough Up Cash
Posted April 11, 2011
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.
Oregon’s John R. Justice Loan Repayment Program
Posted April 11, 2011
Oregon’s JR Justice Loan Repayment Program (JRJ) provides educational loan repayment benefits to prosecutors and public defenders in the state of Oregon using funding from the John R. Justice (JRJ) Program. The purpose of the program is to encourage qualified attorneys to choose careers as prosecutors and public defenders and to continue in that service. This new loan repayment program will be administered by the Criminal Justice Commission.
The Oregon JRJ Program has approximately $100,000 to disburse in benefits through September 30, 2011. Allocation of funds will be equally distributed between prosecutors and public defenders. Each beneficiary may receive up to $5,000 per recipient year. A beneficiary may not receive more than $60,000 in total lifetime benefits provided by JRJ grant funds. All applications will be peer reviewed by 2 separate committees: (1) District Attorney Review Committee and (2) Public Defenders Review Committee.
All eligible applicants must submit their application through CJC’s Oregon Online Grants System (OOGS); www.cjcgrants.com; the application will be available on OOGS by Monday, April 11. Deadline for online submission: Monday, June 6, 2011 by 5:00 p.m.
For a full copy of the JR Justice Guidelines and U.S. Dept of Justice Service Agreement, go here: http://www.oregon.gov/CJC/docs/ORJRJGuidelines.pdf
Questions about this Program can be directed to: Lorin Schmit Dunlop, Grant Coordinator. Oregon Criminal Justice Commission, 885 Summer Street NE, Salem, OR 97301, 503-378-4078.
U.S. Supreme Court Denies Certiorari in Herrera v. Oregon
Alex Bassos
Posted January 11, 2011
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.
Meeting of Former Prosecutors and AUSAs Well Attended
Posted January 11, 2011
OCDLA members who are former prosecutors and former Assistant United States Attorneys met on December 3 at the Benson Hotel to discuss the possibilities of working together in support of OCDLA’s lobbying efforts. Any former prosecutors or AUSAs who would like to be kept informed should email Gail Meyer, glmlobby@nwlink.com.
Oregon Supreme Court Dismisses Review in State v. Caldwell
Shawn Wiley
Posted January 11, 2011
In Zack Mazer’s article, “Appellate Reivew — Keep Your Next Probation Revocation Hearing from Turning Into the Star Chamber” (Oregon Defense Attorney, Jan/Feb 2011), he alerted readers that the state had moved to dismiss review in State v. Caldwell because Mr. Caldwell had allegedly absconded from supervision. The Oregon Supreme Court has now granted the state’s motion and dismissed review in Caldwell. As Zack noted in his article, practitioners can continue to rely on the favorable rulings and language in State v. Wibbens, 238 Or App 737, __ P3d __ (2010), and in State v. Terry, __ Or App __, __ P3d __ (January 5, 2011).
ABA Task Force on Comprehensive Representation: Survey for Practitioners
The American Bar Association’s Criminal Justice Section has embarked on a task to develop a new understanding about the scope of criminal defense representation. Many clients face harsh civil penalties as a result of contact with the criminal justice system. The ABA is exploring the ability of practitioners to go beyond the standard representation and develop a client-centered practice that handles a client’s civil and criminal legal matters. Please take a moment to complete the ABA survey: http://www.kwiksurveys.com/online-survey.php?surveyID=HLMNJK_37288357.
If you have any questions or would like to get involved with the project please email Chris Gowen, gowenc@staff.abanet.org.
Psychiatric Security Review Board Juvenile Panel Adopts Permanent Rules
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.
Petition — 100 Signatures Needed to Establish Veterans Section of the Oregon State Bar
Posted March 4, 2010
1. Read, print and sign the petition to establish a veterans section at the Oregon State Bar.
2. After signing, immediately SNAIL MAIL the signed petition to: Gareld Gedrose, Metropolitan Public Defender, 630 SW Fifth Avenue, Suite 500, Portland, OR 97204. If you have questions, please call Gary at (503) 577-4318 or (503) 225-9100. Do not send the petition to the OSB.
New Juvenile Law Resource Center (JLRC) Fact Sheet
Posted May 5, 2010
Empirical research on batterer intervention programs and parenting training programs does not support rules which exclude parents struggling with substance or alcohol abuse. Moreover, such a requirement would effectively shorten already tight ASFA timelines for reunification. Finally, conditioning admission to reunification services on a period of sobriety does not constitute reasonable efforts required by Oregon law. See the fact sheet here: Making Parenting and Domestic Violence Services Accessible to Parents Battling Substance Abuse.
Books to Prisoners
Posted March 29, 2010
Books to Prisoners is a non-profit, organization that sends literature to prisoners. Prisoners across the country write letters requesting titles/genres/etc. The organization tries to match these requests with books received through donations. A family foundation has recently awarded a 2:1 matching grant for donations. If you give $10, the foundation donates $20, thereby creating a total of $30. Your donation is tax-deductible. Make a check to: Portland Books to Prisoners, PO Box 11222, Portland, OR 97211, Ryan Sadwith, (802) 345-8628, rsadwith@gmail.com. Visit Books to Prisoners online here.
OHA and DHS Seeking Input Via 2010 Community Forums
Posted March 29, 2010
The Oregon Health Authority and the Department of Human Services are seeking input regarding how they serve clients. OHA is asking how the juvenile justice system can be improved. DHS is inviting interested persons to attend one of a series of statewide public forums this spring to share ideas about their community’s local needs and priorities for the agency's 2011–2013 budget. OHA is planning a statewide Juvenile Justice Summit later this year and is seeking input about what topics should be discussed, what is working well, what needs improvement, and how to obtain the best possible outcomes for youth in an evidence-based, cost-effective manner. If you have ideas, email them to OCDLA Executive Director John Potter (jpotter@ocdla.org) and he will forward them to the group.
For a link to the community forum schedule visit the DHS website here or the OHA website here.
Machuca Overturned
Posted February 12, 2010
The Supreme Court overturned the decision of the Court of Appeals by holding that the evanescent nature of blood alcohol evidence in DUII cases constitutes an exigent circumstance that will, when coupled with probable cause, ordinarily permit warrantless blood draws for purposes of the Oregon Constitution.
Go here for the Supreme Court Opinion.
GoogleGroup for Macintosh Using OCDLA Members
Posted February 12, 2010
A new GoogleGroup listserv for OCDLA members who use Macintosh computers in their practice has begun. It is a place for attorneys, investigators and others to learn and share information about using Macs in criminal defense. Brownbags on using certain software, such as Bento, Circusponies, TrialSmart or Timline3D are planned. If you would like to join the group, send Lisa Maxfield an email at lisa@pdxlaw.com.
House Bill 3508 Appeals
Posted January 8, 2010
The Office of Public Defense Services, Appellate Division is litigating the appealability of trial court denials of additional earned time under HB 3508 (from 20% to 30%). On December 28, 2009, the Oregon Court of Appeals held that such denials are not appealable. The Appellate Division will petition the Oregon Supreme Court to review the Court of Appeals’ decision. Until the Supreme Court denies review or rules, inmates and attorneys who want to challenge the denials should still refer cases to the Appellate Division via its website.
New Formal Ethics Opinion Approved
Posted January 8, 2010
The Oregon State Bar’s Board of Governors has approved a new Formal Ethics Opinion addressing whether an attorney must withdraw from representing a client who files a bar complaint. The opinion describes circumstances when an attorney, facing a bar complaint from a current client, must move to withdraw from representation, but it also describes circumstances in which withdrawal would not be required. According to Paul Levy, General Counsel at the Office of Public Defense Services, many attorneys and courts have long believed that withdrawal is always required, even in the face of complaints that are clearly frivolous and without merit. The opinion should prove helpful for the conscientious attorney who wishes to continue serving a misguided client who would be ill-served by the withdrawal of prepared and dedicated counsel. The opinion is available on the OSB website.
DUII Monthly Meeting
Monthly DUII meetings are held the last Friday of the month at 7 a.m. in the office of Cate Wollam, at Multnomah Defenders, Inc., 522 SW 5th Ave., Portland. All are welcome and RSVP is appreciated to Mark Gorski, goresq@comcast.net.
This page is updated approximately every six weeks.