Skip to Content
  • Home
  • About the Bar
  • Mission
  • Forms
  • Sitemap
    • Licensee Directory
      Last Name:
      First Name:
      Bar Number:
      City:


    • Login
OSB Logo

Oregon State Bar Bulletin — AUGUST/SEPTEMBER 2013



Legislative Update

Capitol Report:
Top Ten Bills for Lawyers Passed in the 2013 Session
By Matt Kehoe



As the dust settles from 2013 legislative session, it’s time to ask what the legislature did that affects lawyers the most. The session was characterized more by incremental changes than sweeping initiatives.

The bar’s priorities for the 2013 session included adequate funding for the court system, indigent defense and legal services and passage of 15 law improvement bills brought forward by bar sections and the Board of Governors. Although the judicial department budget fell somewhat short, it was nevertheless the best budget for the department since the beginning of the recession. Likewise, indigent defense received funds in addition to its operating budget to reduce juvenile dependency caseloads and increase compensation. Although none of the proposals to supplement legal services funding passed, discussions will continue in interim workgroups. And the bar succeeded in passing 13 of the 15 law improvement bills.

Of all the bills that passed, the following may be of most interest to practitioners.

HB 5016: Judicial department biennial budget. While the department did not receive funding sufficient to restore the cuts from the past two sessions, the general fund allocation is up $34.7 million to $402.5 million. The budget includes funds for a new three-judge panel for the Oregon Court of Appeals, funding for continued expansion of Oregon eCourt and $3.5 million for local court house improvements. The trial court budget is sufficient to eliminate the 10 furlough days of the last two biennia — courts will be open five days every week. Judges will get a $5,000 annual raise effective Jan. 1, 2014, and another $5,000 raise on Jan. 1, 2015 as provided in HB 2322.

The budget does not address the continuing inadequate support for trial court services, and court users can expect the understaffing of clerical positions to continue.

In addition, the bill includes an unspecified $3 million general fund reduction to assist in the balancing of the state’s general fund budget. The department is to “take management actions to implement the reductions.”

SB 483: Voluntary process for medical error resolution. This negotiated measure between the trial lawyers and the medical community creates a voluntary three-stage process for resolving medical errors. If an adverse health care incident occurs, a patient or provider may file a notice with the patient safety commission, and the provider may discuss the incident with the patient. The early discussion is confidential in later litigation, unless a participant says something at trial that contradicts something said in the early discussion. If the early discussion does not resolve the matter, the parties may go to mediation. If mediation is unsuccessful, the damaged party may initiate a lawsuit. The approach this bill adopts has been tried elsewhere, but not on a statewide basis.

HB 2205: Elder abuse. An interim task force in 2011-13 developed a bill that addressed elder abuse in the 2012 session (HB 4084). HB 2205 is a continuation of that effort. The bill makes all mandatory child abuse reporters also mandatory elder abuse reporters, effective Jan. 1, 2015; as with the child abuse reporting requirement, the obligation applies regardless whether the reporter learns of the abuse in a professional capacity or otherwise. The bill contains an exception for attorneys to whom information is communicated in the course of representing a client if disclosure would be detrimental to the client. It also removes the specific child abuse reporting CLE requirement from the statute, replacing it with a requirement that the bar adopt rules establishing minimum child and elder abuse training. Finally, the bill establishes a task force with the specific assignment to define elder abuse.

SB 558: Foreclosure mediation. The 2012 session passed SB 1552, which established a mediation procedure to resolve nonjudicial foreclosures. The bill took effect in July 2012, and after that most lenders opted for judicial foreclosures. SB 558 establishes a foreclosure resolution process for both judicial and nonjudicial foreclosures and changes the process to provide more information to homeowners about their options and more timely notification of the next steps. Lenders who commence 175 or fewer foreclosures in the prior year are exempt from complying with SB 558.

SB 492: Bradycodification. Brady v. Maryland, 373 U.S. 83 (1963), is a Supreme Court case that requires prosecutors to disclose material exculpatory evidence to defendants. The criminal defense bar sought to codify this holding in SB 492, but prosecutors pushed back hard. Ultimately prosecutors and defense attorneys agreed that the bill would simply codify Brady and go no further than the constitutional standards in existing case law.

HB 2433: Disability in determining custody awards. HB 2433 prohibits a court from considering a parent’s disability when awarding child custody or parenting time, unless there is clear and convincing evidence that behaviors or limitations related to a party’s disability will endanger the child’s health, safety or welfare.

SB 421: Civil commitment of extremely dangerous persons. This bill arises in the context of several cases in which a person accused of a serious crime has been unable to aid and assist counsel at trial and has been or will be released from custody. SB 421 creates a new kind of civil commitment for “extremely dangerous” persons. The prosecutor would initiate the proceeding, and upon a finding by the court, the person would be placed under the supervision of the Psychiatric Security Review Board. An initial review hearing would be held within six months, and a review hearing would be held at least every two years thereafter.

SB 463: Racial and ethnic impact statements. SB 463 recognizes the over-representation of ethnic minorities in the state’s corrections and foster care systems. Upon the request of a member of the legislature from each party, SB 463 requires the Criminal Justice Commission to prepare a statement on the impact of proposed legislation or a ballot measure on the racial and ethnic composition of the criminal offender population or recipients of juvenile dependency services.

In addition, state agencies that award grants will require grant applications to include racial and ethnic impact statements that must include: any disproportionate or unique impact of proposed policies or programs on minorities; a rationale for such policies; and evidence of consultation with representatives of minorities that would experience disproportionate or unique impacts. These requirements will apply only to grants awarded to corporations or other legal entities, not to natural persons.

HB 3194: Public safety package. A focus of interim activity between the 2012 and 2013 sessions was a Commission on Public Safety, appointed by the governor and chaired by former Chief Justice De Muniz. The objective was to avoid projected increases in the prison population over the next 10 years and thereby avoid increasing corrections spending. The commission developed two policy option packages — a robust proposal that included granting judges more discretion in sentencing in three discrete Measure 11 offenses, and a more scaled back set of recommendations. After months of difficult negotiations, a scaled back version emerged from the special joint committee established specifically to consider public safety and sentencing reform.

HB 3194 is intended to hold the prison population at current levels for the next five years by eliminating some mandatory and presumptive sentences in Measure 57, lowering penalties for some marijuana-related crimes and for driving while suspended, allowing nonviolent offenders to convert two months of prison time to parole time, and allowing probation officers to impose looser requirements for persons they supervise. The savings for the first two years will be $17 million, which will be added to other resources to provide more support for local community corrections programs.

HB 2562: Filing fees and fine distribution from local courts.HB 2562 became a vehicle for several different provisions relating to courts. It updates a number of statutes designed to facilitate the development and implementation of the Oregon eCourt program. It also increases the portion of the revenues collected by justice and municipal courts that are distributed to local jurisdictions.

Perhaps most significantly for practitioners, HB 2562 increases some state court filing fees by five percent and dedicates the resulting revenue to support electronic court systems. Additional charges for electronic filing are eliminated. This issue is likely to be revisited in the 2014 session, since the new fees take effect on Oct. 1, 2013, and sunsets on June 30, 2014.

Some Notable Misses

Bills of interest to practitioners that failed to pass included: HB 2548, re-establishing a commercial bail bond system; HB 3160, making insurance subject to the unlawful trade practices act; and HB 2608, establishing an IOLTA-like system for funds held in escrow accounts, among others.

  • HB 2821, changing personal injury protection insurance coverage.

  • SB 54, clarifying how estate administrators would deal with digital assets.

  • HB 2826, regulating debt buyers.

  • HB 3126, providing bonding authority for courthouse construction and improvement. 

  • ABOUT THE AUTHOR

    Matt Kehoe is chair of the OSB Board of Governors’ Public Affairs Committee.

    © 2013 Matt Kehoe


    — return to top
    — return to Table of Contents



    • For The Public

        Public Legal Information

      • Public Information Home
      • Legal Information Topics
      • Oregon Juror Guide
      • Submit Ethics Complaint

      • Getting Legal Help

      • Finding The Right Lawyer
      • Hiring A Lawyer
      • Lawyers Fees

      • Client Services

      • Client Assistance Office
      • Client Security Fund
      • Fee Dispute Resolution
      • Public Records Request
      • Locating Attorney Files

      • Unlawful Practice of Law

      • UPL Information
      • UPL FAQ

      • Volunteer Opportunities

      • Public Volunteer Application
    • For Licensees

      OSB Login

      • Log In To OSB Site
      • Licensee Account Setup
      • Non-Licensee Account Setup
      • Reset Password

      OSB Resources

      • Career Center
      • Events
      • Forms Library
      • Marketplace
      • Online Resources
      • OSB Group Listings
      • Performance Standards
      • Rules Regulations and Policies
      • Surveys and Research Reports
      • Unclaimed Client Funds
      • Voting Regions and By-City
        County Information

      Benefits for Licensees

      • Log in to Decisis
      • – Decisis Information
      • – Decisis FAQ
      • – Inactive Licensee Subscriptions
      • No Cost Trust & Billing Software

      Legal Ethics

      • Legal Ethics Home
      • Find an Ethics Opinion
      • Bulletin Bar Counsel Archive

      Company Administrator

      • Company Administrator Home
      • Company Administrator FAQ
      • Authorization Form

      State Lawyers
      Assistance Committee

      • SLAC Info

      Volunteering

      • Volunteer Opportunities

      Court Information

      • Judicial Vacancies
      • Court Info | Calendars | Jury Info
      • Oregon Attorneys
        in Federal Court
      • Tribal Courts of Oregon

      OSB Publications

      • Bar Bulletin Magazine
      • – Bulletin Archive
      • – Legal Writer Archive
      • Capitol Insider
      • Disciplinary Board Reporter

      PLF Programs

      • (OAAP) Oregon Attorney
        Assistance Program
      • Practice Management Attorneys
      • Malpractice Coverage
    • CLE/Legal Publications

      CLE Seminars

      • CLE Seminars Home
      • Online Seminar Registration
      • General Info/FAQ

      My Account

      • My Content
      • My Events
      • Order History

      Legal Publications

      • Legal Publications Home
      • Log in to BarBooksTM
      • BarBooksTM FAQ
      • Online Bookstore
      • Legal Pubs Blog
    • Bar Programs

      Diversity & Inclusion

      • Diversity & Inclusion Home
      • Diversity Story Wall
      • D&I Programs
      • ACDI Roster
      • D&I Staff Contacts
      • D&I Links

      Legislative/Public Affairs

      • Legislative Home
      • Committee Contacts
      • Legislative Sessions
      • Staff Contacts
      • Useful Links

      Legal Services Program

      • LSP Home

      Oregon Law Foundation

      • OLF Home
      • Partners in Justice

      Fee Dispute Resolution

      • Fee Dispute Resolution Home

      Pro Bono

      • Pro Bono Home
      • Pro Bono Reporting
      • Volunteer Opportunities

      Lawyer Referral and Information Services

      • RIS Login
      • Summary of Referral and Information Services Programs
      • Lawyer Referral Service Info and Registration
      • Modest Means Program Registration Forms
      • Military Assistance Panel Training Info and Registration Form
      • Problem Solvers Registration Form
      • Lawyer To Lawyer Registration Form

      (LRAP) Loan Repayment Assistance Program

      • LRAP Home
      • LRAP FAQ
      • LRAP Policies
    • Licensee Groups

      Sections

      • Section Info/Websites
      • Joining Sections
      • CLE Registration Services
      • Standard Section Bylaws (PDF)
      • Leadership Resources
      • Treasurers Tools

      Committees

      • Home
      • Leadership Resources
      • Professionalism Commission
      • Volunteer Opportunities

      House of Delegates

      • HOD Home
      • HOD Resources
      • Meetings
      • Rules (PDF)
      • Roster (PDF)
      • Staff Contacts

      Board of Governors

      • BOG Home
      • Meetings & Agendas
      • Members
      • Liaisons
      • Committees
      • Resources
      • Task Forces

      Oregon New Lawyers Division

      • ONLD Home
      • Law Students
      • Student Loan Repayment
      • Committees
      • Upcoming Events

      Task Forces and Special Committees

      • Task Forces Home

      Volunteer Bars

      • List/Contacts
      • Leadership Resources

      Volunteering

      • Volunteer Opportunities
    • Licensing/Compliance

      Admissions

      • Admissions Home
      • Alternative Admittance
      • Applicants for Admission
      • Admissions Forms
      • Past Bar Exam Results

      Supervised Practice Portfolio Examination

      • SPPE Home

      Licensed Paralegal Program

      • LP Home

      Lawyer Discipline

      • Discipline Home
      • Disciplinary Board Reporter
      • Disciplinary Boards
      • Client Assistance Office
      • (SPRB) State Professional Responsibility Board

      Licensee Records

      • Address Changes
      • Good Standing Certificate
      • Request Discipline File Review

      MCLE

      • MCLE Home
      • Program Database
      • Forms
      • Rules (PDF)

      IOLTA Reporting

      • IOLTA Home
      • IOLTA FAQ
      • No Cost Trust & Billing Software

      Licensing Fees

      • Licensing Fee FAQ
      • Licensing Fee Payment

      Status Changes

      • Status Changes FAQ
      • Inactive Status Form
      • Retired Status Form
      • Active Pro Bono Status Form
      • Reinstatement Forms
      • Resignation Form A
      • Pending Reinstatements

      Unlawful Practice of Law

      • UPL Information
      • UPL FAQ

      Pro Hac Vice/Arbitration

      • Pro Hac Vice
      • Arbitration

      New Lawyer Mentoring Program

      • New Lawyer Mentoring Program Home

      Professional Liability Fund

      • Professional Liability
        Fund Website
    For The Public

    Public Information Home
    Legal Information Topics
    Oregon Juror Guide
    Finding The Right Lawyer
    Hiring A Lawyer
    Lawyers Fees
    Client Assistance Office
    Public Records Request
    Unlawful Practice of Law
    Fee Dispute Resolution
    Client Security Fund
    Volunteer Opportunities
    for the Public

    For Licensees

    BarBooksTM
    Bulletin Archive
    Career Center
    Decisis
    Judicial Vacancies
    Legal Ethics Opinions
    OSB Group Listings
    OSB Login
    OSB Rules & Regs
    SLAC Info
    Surveys and Reports
    Volunteer Opportunities

    CLE/Legal Pubs

    CLE Seminars Home
    Legal Publications Home

    Bar Programs

    Diversity & Inclusion
    Fee Arbitration/Mediation
    Legal Services Program
    Legislative/Public Affairs
    Loan Repayment
    Assistance Program

    Oregon Law Foundation
    Pro Bono

    Licensee Groups

    Board of Governors
    Committees
    House of Delegates
    Volunteer Bars
    Oregon New
    Lawyers Division

    OSB Sections
    Professionalism
    Commission

    Volunteer Opportunities

    About The Bar

    About the Bar
    ADA Notice
    Contact Info
    Copyright Notice
    Directions to the Bar
    Meeting Room Rentals
    Mission Statement
    OSB Job Opportunities
    Privacy Policy
    Staff Directory
    Terms of Use

    Licensing/Compliance

    Admissions
    Client Assistance Office
    Client Security Fund
    IOLTA Reporting
    Lawyer Discipline
    MCLE
    Licensee Fee FAQ
    New Lawyer
    Mentoring Program

    Professional Liability Fund
    Status Changes

    Oregon State Bar Center

    Phone: (503) 620-0222
    Toll-free in Oregon: (800) 452-8260
    Facsimile: (503) 684-1366

    Building Location:
    16037 SW Upper Boones Ferry Road
    Tigard, OR 97224

    Mailing Address:
    PO Box 231935
    Tigard, OR 97281

    Oregon State Bar location Map

    Copyright ©1997 Oregon State Bar  ®All rights reserved | ADA Notice | Mission Statement | Privacy Policy | Terms of Use