News: Announcements
New Board Officers Elected
Posted July 2, 2010
At the 2010 Annual Conference, the Board elected the following officers:
• Rob Raschio, President
• Tahra Sinks, Vice President
• Karen Stenard, Secretary
Dave Audet was elected to the board to serve District 4. Karen Stenard (District 2) and John Lamborn (At-Large) were reelected to serve second terms. Keith Rogers and Brook Reinhard were appointed to public defender seats.
To see all board members and view a map of board districts, go here.
The board will gather for its annual retreat, July 15–17, at the Hood River Inn. Board members will develop the 2010–2011 OCDLA budget, discuss 2011 legislation and fiscal issues impacting public defense, and review a variety of organizational policies.
David McDonald Receives President’s Award
Posted July 2, 2010
Out-going board president Cate Wollam presented OCDLA Board Member, Education Committee co-chair and long-time member David McDonald with a President’s Award for “his ongoing service on the Education Committee, for his creative revamping of the Investigation Seminar, for his unparalleled ability to sell raffle tickets, and his unselfish willingness to be of service to all members of the organization.” Congratulations David.
Maui Raffle Winner
Posted July 2, 2010
Robert Williamson, Salem, is the lucky winner of a trip for two to Maui during OCDLA’s November 7–11 Sunny Climate Seminar. Congratulations Robert!
If you are one of the 499 people who did not win the trip to Maui, sign up now for the Sunny Climate Seminar travel package and CLE.
Defense Counsel Must Advise Non-citizen Clients of the Immigration Consequences of Their Charges in Order to Avoid Claims of Ineffective Assistance of Counsel
Julie Krull, Portland
Posted May 5, 2010
Previously, Oregon case law held that under our constitution, immigration consequences were “collateral.” For that reason, a blanket statement that a plea “may” cause immigration consequences was considered sufficient. Gonzalez v. Oregon, 340 Or 452 (2006). On March 31, 2010, in Padilla v. Kentucky, ___ S.Ct. ___, 2010 WL 122274, the U.S. Supreme Court held that, because of the potentially severe immigration penalties that may follow a criminal conviction, criminal defense counsel have a Sixth Amendment duty to advise clients of the immigration consequences they are facing. The Court also encouraged the prosecution to consider those consequences when fashioning plea agreements. For more information on this important case, please see practice advisories at the Washington Defender Association (go to Immigration Project, Immigration Resources), and the Immigrant Defense Project. A practice advisory will be coming soon to the Oregon Chapter of the American Immigration Lawyers Association website. Please also feel free to contact Julie Krull at juliekrull@yahoo.com or JJ Rollin at JJRollin@LoJJR.com for more information.
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.
Ninth Circuit Amended Decision Strengthens Holding that SORNA’s Registration Requirement for Juveniles Is Punitive and Unconstitutional
By Noah Barish, Juvenile Rights Project Law Clerk, Portland
Posted February 12, 2010
In September 2009, the Ninth Circuit issued an important decision declaring that the retroactive application of SORNA’s (Sex Offender Registration and Notification Act) registration requirement for former juvenile offenders is punitive and violates the Ex Post Facto Clause of the Constitution. U.S. v. Juvenile Male, 581 F.3d 977 (9th Cir. 2009). For a more complete summary of that decision, see the Juvenile Law Reader, Volume 6, Issue 6, p. 18 (http://www.jrplaw.org/Documents/jrpreaderv6is6.pdf).
Last month, the Ninth Circuit amended that decision slightly but left the holding and substantive reasoning untouched. U.S. v. Juvenile Male, 590 F.3d 924 (9th Cir. 2010), available here, http://www.ca9.uscourts.gov/datastore/opinions/2010/01/05/07-30290.pdf. The amended decision adds two footnotes to the prior ruling, both of which distinguish previous Ninth Circuit cases addressing ex post facto challenges to SORNA’s registration requirements for adults.
The first footnote clarifies that the Ninth Circuit decisions in Russell v. Gregoire, 124 F.3d 1079 (9th Cir. 1997), and Hatton v. Bonner, 356 F.3d 955 (9th Cir. 2004), both addressed registration for adult convictions and failed to consider whether registration would be punitive if imposed on those adjudicated delinquents in the juvenile justice system.
The second footnote discusses United States v. George, 579 F.3d 962 (9th Cir. 2009), an ex post facto challenge to SORNA’s criminal provisions from an adult defendant convicted of a sex offense prior to SORNA and then convicted under SORNA for failure to register. George held that when there is a lawful obligation to register pre-SORNA, that obligation continues post-SORNA, and thus SORNA’s imposition of criminal liability for post-SORNA conduct raises no ex post facto issue. George, however, did not consider whether juvenile offenders may be required to register based on pre-SORNA adjudications, the central issue of Juvenile Male.
This amended decision in Juvenile Male only serves to strengthen the Ninth Circuit’s holding that SORNA’s registration requirement for juveniles is punitive and unconstitutional.
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.
Legal Document Library Receives 150 New Documents
Posted January 8, 2010
OCDLA’s motion and brief bank, the Legal Document Library, now contains over 150 new documents, thanks to the editorship of Jessica Freeman of Roseburg. There are new categories since the last update: Contempt and MJOA. Previously, the categories of Demurrer, Mental State, Miranda, Releases, Search Issues and Speedy Trial were created, and Demurrers, Mental State, and Search Issues have expanded in this round. Most documents were created in the last year or two. Take a look by using your username and password to log in under “Members Only.”
If you have documents you believe would benefit other members and you do not see a similar version, please send them to Jessica Freeman at jfreeman@arnesongroup.com.
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.
Juvenile Justice News
Longitudinal Study Finds Detention Is Precursor to Criminal Behavior
Posted January 8, 2010
A new study published in the Journal of Child Psychology and Psychiatry showed that juvenile delinquents were seven times more likely to commit criminal acts as adults than youth from the control group who avoided the juvenile justice system. The control group consisted of youth with histories similar to the delinquent youth but who had not entered the juvenile justice system. Further, the study found that youth in least restrictive environments like community service reoffended as an adult at a rate of 2.3% as compared to a reoffense rate of 38% for youth who had been placed in juvenile facilities such as detention. “Iatrogenic Effect of Juvenile Justice”, The Journal of Child Psychology and Psychiatry, 50:8 (2009) pp 991–998. For a more detailed summary and a link to the published study visit the Annie E. Casey Foundation website.
Crime Victims Rights — Amended Uniform Trial Court Rules and Forms
Effective October 13, 2009
The Chief Justice approved amendments to the Uniform Trial Court Rules (UTCR) governing crime victims’ rights in response to Senate Bill (SB) 233, which was passed by the legislature during the 2009 legislative session. The amendments to the UTCR and related forms took effect on October 13, 2009. The UTCR amendments and related forms are available on the Judicial Department’s website.
Indian Tribes in Oregon Among First Jurisdiction to Implement the Sex Offender Registration and Notification Act (SORNA)
Noah Barish, Law Clerk
On September 23, 2009, the US Department of Justice announced that Ohio and the Confederated Tribes of the Umatilla Indian Reservation (located in Oregon) were the first two jurisdictions to substantially implement the controversial Sex Offender Registration and Notification Act (SORNA), Title I of the Adam Walsh Child Protection and Safety Act of 2006. “We understand the importance of working together to protect our communities by creating a national system of sexual offender registries,” said Antone Minthorn, Chairman of the Board of Trustees for the Confederated Tribes. Attorney General Eric Holder also noted that the DOJ was “committed to working with the remaining states, tribes, and territories with their implementation efforts.” The complete article will appear in the next issue of the Juvenile Law Reader, published by the Juvenile Rights Project, at the end of November. For more information about SORNA, visit the U.S. Department of Justice SMART web page.
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.