Public Affairs


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Section and Committee Legislative Proposals
for the 2009 Legislative Session

If your bar group intends to propose law improvement legislation for the 2009 legislative session, proposals should be submitted to the board's Public Affairs Committee through the Public Affairs Department by Tuesday, April 1 2008 for approval and pre-session drafting and filing.

The Law Improvement Proposal form is available here as a Word document.



2008 Legislative Session Results

The 2007 legislature passed a resolution calling for a legislative session beginning February 4, 2008 and adjourning no later than February 29. The session was limited to consideration of the most pressing fiscal and policy issues.

The presiding officers were able to bring the session to a close a full week before the deadline. Many of the bills ultimately passed addressed important fiscal and policy issues.

To read a list of bills introduced and final status, click below.

Full list of bills and status for 2008 session



2007 Legislative Session Recap

The session adjourned on June 28, 2007. There were a total of 25 bar-sponsored bills this session. Of the 25 bar-sponsored bills, 22 have been signed by the Governor, two were voluntarily withdrawn, and one died. SB 300, relating to a debtor’s right to receive additional child tax credit, and SB 308, modifying the meaning of “owner” and “landowner” for purposes of certain annexations, were both voluntarily withdrawn. HB 2363A, reinstating income tax credit for qualified adoption expenses for certain taxpayers died in committee upon adjournment.

The bar was instrumental in the passage of two additional bills: SB 279 deleted obsolete provisions relating to jury trials and was also a vehicle for judicial compensation issues (the substance of which was amended into another bill), and SB 671, which related to Oregon’s public records law disclosures and the attorney-client privilege.

A report of the 2007 OSB Legislative Proposals in PDF format is available here.



House of Delegates Votes to Oppose Initiatives 2, 51, and 53

At the bar’s annual House of Delegates meeting on September 28, 2007, the HOD passed a resolution to oppose initiative petitions 2, 51, and 53. To qualify for the November 2008 ballot, petitioners must collect 82,769 signatures for each initiative by July 3, 2008.

Initiative petition 2 would prohibit designating appointed judges as incumbents on the ballot in the first election following their appointment.

Initiative petition 51 would impose a cap on contingent fee agreements between lawyers and their clients, limiting the lawyer’s fee to 25% of the first $25,000 recovered, and 10% of any recovery above $25,000. The measure applies to all civil actions for damages where the lawyers’ fees are a percentage of the money awarded in the case.

Initiative petition 53 requires a court to sanction attorneys for frivolous motions or filings. Under 53, if the opposing party establishes that a claim, motion, or defense is “frivolous,” the court must award that party all attorney fees and costs incurred. Initiative petition 53 applies to lawyers only, and not to the parties, unlike the current rule. The proposed initiative includes an additional definition of “frivolous” which imports different legal concepts.

Following are links to PDFs of the respective initiatives:

Following is a link to the House of Delegates resolution:


Get Updated With the Oregon Legislation Highlights

Find out what the 2007 Legislature accomplished with the Oregon Legislation Highlights publication. From administrative law to workers’ compensation, Oregon Legislation Highlights summarizes and explains almost 500 enacted bills in 23 chapters. It now also includes a new chapter on construction law. Inside this handy volume you’ll find summaries of major bills, such as: payday loans and check-cashing businesses; enforcement on victims’ rights; creation of domestic partnerships; changes to paternity law; modifications to Measure 37; sexual orientation in antidiscrimination statutes; revisions to arbitration and noncompete agreements; increased motion practice fees; long-term-care patients’ bill of rights; family-leave changes; new smoking regulations; mandated coverage of contraceptives; and changes to motor vehicle insurance. Effective dates of each described bill are also provided.

Copies are still available for $85. To order, call the Service Desk at (503) 684-7413, or toll-free in Oregon at 1-800-452-8260, ext. 413 or click here to view and print the order form.



Mission Statement

The Public Affairs Department works to apply the knowledge and experience of the legal profession to the public good by advising governmental bodies, proposing legislation for law improvement, and advocating on matters that affect the legal profession.
The Public Affairs Program:
provides legal expertise and assistance to lawmakers;
informs bar leaders, members and government bodies on bar related legislation and public policy issues;
assists bar groups with law improvement projects; and
influences major issues affecting the legal profession and justice system.


Policies/Proposals

OSB Bylaws
OSB Legislative Proposals/Session Results
OSB 2007 Legislative Session Results
OSB 2005 Legislative Session Results
OSB 2003 Legislative Session Results
OSB 2001 Legislative Session Results
OSB 1999 Legislative Session Results


Access the 2007 Public Affairs Legislative Session Tracking/Reports here
Keep track of the bills and generate reports on the bills your Section/Committee has identified as bills of interest. If you have questions regarding taking positions on legislation or on how to use the Public Affairs Legislative Tracking/Reports site, please contact the Public Affairs Department at 503.431.6376.


Keller Rule

What is the Keller Rule?
In 1990, the United States Supreme Court ruled in Keller v. State Bar of California, 499 US 1, 111 SCt 2228 (1990) that an integrated (mandatory) bars use of compulsory dues to finance political and ideological activities violates the 1st Amendment rights of dissenting members when such expenditures are not germane to the bars purpose, which the court identified as regulating the legal profession and improving the quality of legal services.

Keller does not prohibit integrated bars from using member dues to advance political or ideological positions that are not germane to the bars purpose; however, it requires that dissenting members receive a refund of the portion of dues attributable to the non-germane activity.

The OSB Legislative Guideline Overview

The board has determined that the use of bar dues to participate in shaping legislation that involves the regulation of the legal profession and matters concerning the quality of legal services available to the people of Oregon is germane to the bar's role and is in the public interest.

Oregon State Bar legislative or policy activities shall be limited to those reasonably related to any of the following subjects:

The regulation and discipline of lawyers;
The improvement of the functioning of the courts including issues of judicial independence, fairness, efficacy and efficiency;
The availability of legal services to society;
The regulation of lawyer trust accounts;
The education, ethics, competence, integrity and regulation of the legal profession; or
The provision of law improvement assistance to elected and appointed government officials;
Issues involving the structure and organization of federal, state and local courts in or affecting Oregon;
Issues involving the rules of practice, procedure and evidence in federal, state or local courts in or affecting Oregon; and
Issues involving the duties and functions of judges and lawyers in federal, state, and local courts in or affecting Oregon.

*Excerpt from OSB Bylaws, Article 12 Legislation and Public Policy

Publications

Contacts
Oregon State Bar Public Affairs

P.O. Box 231935
Tigard, OR
97281-1935
(503) 620-0222
or toll-free in Oregon: (800) 452-8260
Fax: (503) 684-1366

Staff:
Susan Evans Grabe, Director
David Nebel, Attorney
Sally LaJoie, Attorney
Camille Greene, Public Affairs Assistant

OSB Section and Committee Legislative Contacts

Elected Officials with Legal Training

All OSB Staff Contacts

Public Affairs Committee Members

The Public Affairs Committee of the Board of Governors oversees the work of the program, and makes recommendation to the Board of Governors on public policy issues.

Public Affairs Committee Process

The Board or its Public Affairs Committee sets priorities regarding legislation or positions on legislation. In so doing, the Board will make a reasonable effort to do the following:

Encourage as wide a participation of the membership as possible
in formulating positions on legislative issues;
Inform members of the Bars legislative positions;
Respect divergent opinions of subgroups within the legal profession;
Provide assistance to bar sections and committees; avoid
committing bar funds to issues that are divisive or create factions
within the profession;
Present major issues to the House of Delegates for approval.

2008 Public Affairs Committee Members

Ann L. Fisher Chair, Portland
AF Legal & Consulting Services
PO Box 25302
Portland, OR 97298
Phone: 503-721-0181
Fax: 503-291-1556
energlaw@aol.com

Gerry Gaydos Vice-Chair, Eugene
Gaydos Churnside & Balthrop PC
440 E Broadway, Suite 300
Eugene, OR 97401
Phone: 541-343-8060
Fax: 541-343-1599
gerry@gcbpc.com


Kellie F. Johnson
Multnomah County DA's Office
600 Multnomah County Courthouse
1021 SW 4th Ave.
Portland, OR 97204
503 988-3162 Fax: 503 988-3643
kellie.johnson@mcda.us

Stephen V. Piucci
900 SW 13th, Suite 200
Portland, OR 97205
503-228-7385
503-228-2571
steve@piucci.com

Carol DeHaven Skerjanec
280 A St. E, PO Box 220
Vale, OR 97918
Phone: 541-473-3141
Fax: 541 473-2651
skerjanec@valelawyers.com

Robert L. Vieira Portland
OHSU Baird Hall, Room 1028
Mail Code L349
3181 SW Sam Jackson
Portland, OR 97239
Phone: 503-494-7878
Fax: 503-494-7519
vieirar@ohsu.edu

How To Get Involved

Tips for Communicating with Your Legislator

Tips for Lobbying and Getting Prepared

OSB Guidelines for Section & Committee Involvement

OSB Legislative Policy Guideline

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Useful Links
State of Oregon Website
Oregon Courts
Oregon Secretary of State Elections Division

State initiative and general state election information
http://www.sos.state.or.us/elections/elechp.htm

Project Vote Smart
The United States Congress: