Oregon Supreme Court: PERS Decision (4/30/15)

Moro v. State of Oregon, 357 Or 167 (S061452) (2015)

“.... Before Balmer, Chief Justice, and Kistler, Walters, Linder, Brewer, and Baldwin, Justices, and Haselton, Chief Judge of the Oregon Court of Appeals, Justice pro tempore.**

BALMER, C. J.
Brewer, J., concurred and filed an opinion. Oregon Laws 2013, chapter 53, sections 1, 2, 3, 4, 5, 6, 7, 8, 9, and 10, are declared unconstitutional under Article I, section 21, of the Oregon Constitution insofar as they affect retirement benefits earned before May 6, 2013. Oregon Laws 2013, chapter 2, sections 1, 2, 3, 4, 5, and 6 (Special Session), are declared unconstitutional under Article I, section 21, of the Oregon Constitution insofar as they affect retirement benefits earned before October 8, 2013. Oregon Laws 2013, chapter 2, section 8 (Special Session) is declared void. Petitioners’ requests for relief challenging Oregon Laws 2013, chapter 53, sections 11, 12, 13, 14, 15, 16, and 17, are denied….” [Moro v State of Oregon]

Legal Information Services to the Public: Legal Research Toolkits for Public Librarians

From the AALL (American Association of Law Libraries), LISP (Legal Information Services to the Public) special interest section:

Public Library Toolkit:

“This is a toolkit meant to help public librarians understand the process of legal research, effectively develop and use the information located within their libraries, utilize information located outside their libraries, with the end goal of helping the patron locate the legal information they need ...”

Clark County, King County, and other Washington State County Law Libraries

We get a lot of calls for people who need to talk to a Washington STATE public law librarian. If you need to research Washington State law, don’t call us, call them:

Washington (State) County Law Libraries

Washington State Law Library

If you need to research Oregon law, do call us: Oregon Law Libraries

Where and How to Find an Oregon Criminal Record Report

Oregon State Police, Public Records Unit, Criminal History Record Checks

Warning: Be careful if you use a search engine to locate the Oregon criminal record check site, rather than drilling down from the most recent OSP homepage. Old versions of the page and instructions are still showing up in Google and other web browser searches.  Make sure you are looking at the most recent instructions. As of today, instructions were dated February 2015.

Disclaimer: It is against state law for library staff members to engage in any conduct that might constitute the unauthorized practice of law (ORS 9.160, 9.166 and 9.21). They may not interpret statutes, cases or regulations, perform legal research, recommend or assist in the preparation of forms, or advise patrons regarding their legal rights. They may, however, assist patrons in locating materials or links that would aid in individual research.

Disclaimer: The information provided on this blog is for research purposes only. We do not provide legal advice, nor do we endorse any person, product, or company.

Animal Law at the Oregon Legislature: 18 March 2015

House Judiciary Committee: Informational Meeting and Possible Public Hearing on HB 2693, HB 2888, and HB 3468.
See Agenda (or the Committee Overview if rescheduled) and Video Links.

Overview of Animal Law
Jacob Kamins, State of Oregon Animal Cruelty Deputy District Attorney
Scott Heiser, Animal Legal Defense Fund Director of Criminal Justice Program

March 18, 2015
3:00 P.M.
HR 343
900 Court Street NE, Room 331, Salem, Oregon 97301
Phone: 503-986-1750
Email: mike.reiley@state.or.us

Oregon Sheriff’s Association Civil Process Manual, $350

Oregon State Sheriffs’ 2014 Civil Process Manual:

You can sometimes find this in your county law library.

Any attorney seeking to expand his or her knowledge working on matters involving civil process will benefit from this informative seventeen chapter civil process manual.

The Oregon State Sheriffs’ 2014 Civil Process Manual features topics of interest, including service and enforcement of various types of process, whether it be notice or enforcement process, effective service of orders, enforcement of pre-judgment and post-judgment remedies

  • Execution: The manual discusses the most current methods of executing on personal and real property based on a monetary judgment or a judgment of foreclosure.
  • Garnishment: Garnishment of financial institutions, individual companies, multiple debtors, and other issues
  • Process: Issuance of process, including writs of execution and writs of garnishment in justice courts or municipal courts – Registering judgments entered in lower courts
  • County Clerk Lien Record: The role of the Clerk County Lien Record on the enforcement of judgments and support orders
  • Writs/Orders of Assistance: Enforcement of writs of assistance and orders of assistance for the recovery of children
  • Enforcement of abuse restraining orders and stalking orders
  • Landlord/Tenant Actions
  • Concealed Handgun License chapter

Oregon “Cameras Up Skirts” Bill: 2015 HB 2596 (amending ORS 163.700)

Oregon 2015 House Bill (HB) 2596: “Provides that person who records another person’s intimate areas commits crime of invasion of personal privacy.

(Note: See also HB 2356, which “Provides that person who records another person’s intimate areas commits crime of invasion of personal privacy. Increases penalty for crime of invasion of personal privacy if defendant has certain prior convictions or person recorded is under 18 years of age.”)

I’m not sure how a mere mortal would find these bill numbers very efficiently, so here are a few keywords: intimate image, visual recording, undergarments, clothing, photographs, etc. Read on about HB 2596:

“ORS 163.700 is amended to read:

“Provides that person who records another person’s intimate areas commits crime of invasion of personal privacy.

Creates crime of unlawful dissemination of an intimate image. Punishes by maximum of one year’s imprisonment, $6,250 fine, or both for first offense, and five years’ imprisonment, $125,000 fine, or both for subsequent offense.

(c) The person knowingly makes or records a photograph, motion picture, videotape or other visual recording of another person’s intimate areas without the consent of the person being recorded.
(2) As used in this section:
(a) “Intimate areas” means undergarments that are being worn by a person, are covered by clothing and are intended to be protected from being seen….” Read the full bill and any legislative history and budget impact reports that are generated….

Tip: Bills are rewritten during the legislative process. Sometimes multiple bills on a single topic are introduced in a legislative session.

And don’t forget to search for Senate bills on this subject, e.g. SB 188: Creates crime of unlawful dissemination of intimate image

Use OLIS to track current and previous Oregon Legislation. We like OLIS a lot (but really, really wish it went back further than 2007)!

If you’ve made it this far, here’s a link to the  Wikipedia article “Upskirting and Downblousing Around the World”

Oregon Constitution on “Vacancy in office of Governor”

Line of succession is governed by the Oregon Constitution. (Note: Oregon does not have a Lieutenant Governor.)

See also Wikipedia and Ballotpedia (and this one) and Secretary of State on succession of the Oregon Governor.

Oregon Constitution Article V (or read the entire Oregon Constitution and early Oregon Constitutions):

“Section 8. Vacancy in office of Governor. [Constitution of 1859; Amendment proposed by S.J.R. 10, 1920 (s.s.), and adopted by the people May 21, 1920; Amendment proposed by S.J.R. 8, 1945, and adopted by the people Nov. 5, 1946; Repeal proposed by initiative petition filed July 7, 1972, and adopted by the people Nov. 7, 1972 (present section 8a of this Article adopted in lieu of this section)]

Section 8a. Vacancy in office of Governor. In case of the removal from office of the Governor, or of his death, resignation, or disability to discharge the duties of his office as prescribed by law, the Secretary of State; or if there be none, or in case of his removal from office, death, resignation, or disability to discharge the duties of his office as prescribed by law, then the State Treasurer; or if there be none, or in case of his removal from office, death, resignation, or disability to discharge the duties of his office as prescribed by law, then the President of the Senate; or if there be none, or in case of his removal from office, death, resignation, or disability to discharge the duties of his office as prescribed by law, then the Speaker of the House of Representatives, shall become Governor until the disability be removed, or a Governor be elected at the next general biennial election. The Governor elected to fill the vacancy shall hold office for the unexpired term of the outgoing Governor.

The Secretary of State or the State Treasurer shall appoint a person to fill his office until the election of a Governor, at which time the office so filled by appointment shall be filled by election; or, in the event of a disability of the Governor, to be Acting Secretary of State or Acting State Treasurer until the disability be removed. The person so appointed shall not be eligible to succeed to the office of Governor by automatic succession under this section during the term of his appointment. [Created through initiative petition filed July 7, 1972, and adopted by the people Nov. 7, 1972 (this section adopted in lieu of former section 8 of this Article)]”

Emergency Clauses in the Oregon Constitution and Laws – Referendum Power Reserved to the People

“My View: Emergency clause abuses democracy,” Portland Tribune, 27 January 2015, by Richard F. LaMountain

Background:

Oregon Constitution

Art. 1, Section 1. Natural rights inherent in people. We declare that all men, when they form a social compact are equal in right: that all power is inherent in the people, and all free governments are founded on their authority, and instituted for their peace, safety, and happiness; and they have at all times a right to alter, reform, or abolish the government in such manner as they may think proper….

Article IV, Section 1. Legislative power; initiative and referendum. (1) The legislative power of the state, except for the initiative and referendum powers reserved to the people, is vested in a Legislative Assembly, consisting of a Senate and a House of Representatives….

Article IV, Section (3)(a) The people reserve to themselves the referendum power, which is to approve or reject at an election any Act, or part thereof, of the Legislative Assembly that does not become effective earlier than 90 days after the end of the session at which the Act is passed.

[Link to the Oregon Constitution PDF or Blue Book web version.]

The Glossary at the Oregon Legislature’s website defines:

Emergency Clause:

A statement added to the end of a measure that causes the Act to become effective before the accustomed date (on January 1 of the year after passage of the Act). An emergency clause either sets a specific date or is effective immediately, which means that the measure will take effect on the date it is signed into law.”

Referendum:

“The submission of a measure passed by the Legislature to a vote of the people. In Oregon, either the Legislature or citizens, by petition, may cause a measure passed by the Legislature to be placed on the ballot for a vote. In the case of a legislative referral, both houses of the Legislature must vote to refer the measure. Such referrals cannot be vetoed by the Governor. In the case of a citizen referendum, supporters of the referendum must obtain a specified number of signatures from registered voters. The number of signatures required is determined by a fixed percentage of the votes cast for all candidates for governor at the general election preceding the filing of the petition. Any change to the Oregon Constitution passed by the Legislature requires referral to voters. (See also: Initiative)

Excerpt from: “My View: Emergency clause abuses democracy,” Portland Tribune, 27 January 2015, by Richard F. LaMountain:

…. In Oregon’s political order, do state lawmakers recognize the people’s primacy — or game the system to impose their own?

Oregon’s constitution guarantees its citizens the right of referendum, to put laws passed by their Legislature to a public vote. In recent years, however, lawmakers have routinely saddled many laws with an “emergency clause,” which shields those laws from a referendum challenge and thereby nullifies the referendum right.

In the legislative session beginning Feb. 2, voters should demand an end to this cynical, undemocratic practice.

“No act shall take effect,” stipulates Oregon’s constitution, “until ninety days from the end of the session at which the same shall have been passed, except in case of emergency; which emergency shall be declared in … the law.” [Link to full Portland Tribune article.]