Mandatory eFiling for Oregon Attorneys, December 1, 2014

Excerpt from the CJ announcement (link from Oregon LPM blog):

Mandatory eFiling Plan for Attorneys Filing in Oregon State Courts

Chief Justice Thomas A. Balmer, Oregon Supreme Court, has approved a plan for the move to a mandatory eFiling requirement for attorneys filing as es in Oregon’s circuit and appellate courts. The Oregon Judicial department will circulate proposed court rules in the upcoming months for comment. he plan calls for a mandatory date of December 1, 2014 for the eleven circuit courts that currently have the Oregon eCourt system, including the filing component (File and Serve), and includes a transition plan for those courts that implement later….” [Link to Law Practice Management blog post.]

Pronoun Puzzles: “He said, She said” in Oregon Legal Documents

“He said, she said,” by Ian Pisarcik, Legal Publications Attorney Editor

Excerpt: “One of my favorite cartoons depicts a young female student standing next to a tall male teacher. Both are staring at a chalkboard. The chalkboard reads: Stone Age Man, Bronze Age Man, and Iron Age Man. The speech bubble extending from the young girls mouth asks: “Did they have women in those days?”

“Gender-neutral language is achieved by avoiding the use of ‘gendered generics‘ (male or female nouns and pronouns used to refer to both men and women).” This is easier said than done. But so is carrying a tune, and that doesn’t stop nine out of ten I-5 drivers from pulling their lips back and pretending they’re Mick Jagger….” [Link to full OSB Legal Pubs He said/She said blog post.]

Next time you say, “well, he must be guilty of something …”: Your Worst Nightmare

ABA Journal magazine: Prisoner exonerations are at an all-time high, and it’s not because of DNA testing,” by Kevin Davis, September 1, 2014.

‘…. And even when he was convicted and sentenced to three years in prison, Awe continued to hold out hope that someone would get to the bottom of this mess.

“I suffered from the delusion that innocent people get to go home,” says Awe, who served nearly all three years before being exonerated. “I thought at some point someone would do an investigation. I never gave up hope even after being convicted.” [Link to full article.]

National Registry of Exonerations and Center on Wrongful Convictions

Intellectual Property Casebook: Free Creative Commons Download

From beSpacific: “Open Intellectual Property Casebook“:

Duke’s Center for the Study of the Public Domain is announcing the publication of Intellectual Property: Law & the Information Society—Cases and Materials by James Boyle and Jennifer Jenkins. This book, the first in a series of Duke Open Coursebooks, is available for free download under a Creative Commons license. It can also be purchased in a glossy paperback print edition for $29.99, $130 cheaper than other intellectual property casebooks. This book is an introduction to intellectual property law, the set of private legal rights that allows individuals and corporations to control intangible creations and marks—from logos to novels to drug formulae—and the exceptions and limitations that define those rights. It focuses on the three main forms of US federal intellectual property—trademark, copyright and patent—but many of the ideas discussed here apply far beyond those legal areas and far beyond the law of the United States….” [Link to beSpacific post.]

Updates (and venting) on PACER and AOC Removal of Court Documents

Major hat tips to the law librarian community for these updates!

If you want to vent, here are some who got there before you (as of this morning, 8/27/14):

1) US courts trash a decade’s worth of online documents, shrug it off: Ars technica article

2) ”The federal judiciary this month removed years of court records from its online archives, drawing concern from attorneys, journalists, researchers and open-record advocates who rely on remote access to files.

Court files that are no longer available on PACER include cases from the U.S. courts of appeals for the Second, Seventh, Eleventh and Federal circuits. Details about the cases that were removed are here.

Want to access a case filed in the Second Circuit before Jan. 1, 2010? You now must send an email or written request to the court clerks office to obtain the records. The cost: $30 for the entire file, which will be sent by email. (PACER costs are 10 cents per page. Opinions, however, are free.)

The Administrative Office of the U.S. Courts released a statement Tuesday that said a change was made to the PACER architecture to prepare for the implementation of the Next Generation of the Judiciary’s Case Management/Electronic Case Files System. NextGen replaces the older CM/ECF system and provides improvements for users, including a single sign-on for PACER and NextGen.

“As a result of these architectural changes, the locally developed legacy case management systems in four courts of appeal and one bankruptcy court are now incompatible with PACER, and therefore the judiciary is no longer able to provide electronic access to the closed cases on those systems,” the Administrative Office statement said. “The dockets and documents in these cases can be obtained directly from the relevant court.”

3) Read more, National Law Journal article: Read more: “PACER Changes Draw Ire of Attorneys, Journalists,” by Todd Ruger, Legal Times, August 26, 2014 (Google national law journal pacer if that link doesn’t work for you.)

4) “[S]ome filings no longer on PACER are still available via Bloomberg Law. Select others are available on Westlaw…. Based on my testing this morning on Bloomberg Law, you can no longer update dockets for matters removed from PACER without a courier dispatch. And you can not get docket documents that have never been viewed (the green hyperlinks for those of you familiar with Bloomberg Law) without a courier dispatch. But for items that have been accessed before (the blue hyperlinks), the PDF of the file remains.”

It’s not all online, folks: PACER Removes Many Federal Court Documents

So allow extra time for locating the documents you need. And remember, Time = Money.

No longer available on PACER:

As of August 10, 2014 the following information will no longer be available on PACER:

U.S. Court of Appeals for the 2nd Circuit: Cases filed prior to January 1, 2010
U.S. Court of Appeals for the 7th Circuit: Cases filed prior to CM/ECF conversion
U.S. Court of Appeals for the 11th Circuit: Cases filed prior to January 1, 2010
U.S. Court of Appeals for the Federal Circuit: Cases filed prior to March 1, 2012
U.S. Bankruptcy Court for the Central District of California: Cases filed prior to May 1, 2001

For further information please contact the court directly. Contact information for each court is available on the Court Locator page.” [Link to PACER announcement.]

Multnomah County Job: Executive Director, Office of Citizen Involvement

Job Title: Executive Director, Office of Citizen Involvement
Job Code: 9400-37
Opening Date/Time: Fri. 08/01/14 12:00 AM Pacific Time
Closing Date/Time: Sun. 08/31/14 11:59 PM Pacific Time
“About the The Office of Citizen Involvement (OCI) implements and manages programs and initiatives established by the Citizen Involvement Committee (CIC) to which it reports. Examples include Departmental Citizen Involvement Reviews, the Citizen Budget Advisory Committees, Outreach Diversity Workshops, topical forums, focus groups, Website, social media, and volunteer recruitment into policy roles. The CIC is composed of 15 volunteers who seek to ensure citizen involvement in county decision-making. The CIC does not concern itself with the merits of county issues, but rather with the processes that shape those issues....” [Link to full job description.]

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