Oregon Legal Research BlogThe text of Measure 66 and Measure 67 (from the official 2010 Oregon Secretary of State Voter’s Pamphlet)
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1) Nov 13, 2009: Oregon Supreme Court decision on ballot title
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Text of Ballot Measure 66 and 67
Articles Posted in State Government & Legal Resources
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Bench Guide to the Oregon FAPA (Family Abuse Prevention Act)
A bench guide to FAPA (the Family Abuse Prevention Act):
“A Benchguide for the Family abuse prevention act, Office of the State Court Administrator, c2006
Revised and updated in 2006 / by the Honorable Maureen McKnight and the Honorable Merri Souther Wyatt, with the assistance of the FAPA Benchguide Revision Workgroup of the State Family Law Advisory Committee’s Domestic Violence Subcommittee comprised of Robin Selig, Oregon Law Center; Ari Halpern, Legal Aid Services of Oregon; Camilla Thurmond, Oregon Coalition Against Domestic and Sexual Violence; Bonnie Braeutigam Department of Human Services; and BeaLisa Sydlik, Oregon Judicial Department; Cheryl A. Fowler, Education and Training”
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U.S. Courts of Appeals (Circuit Courts) Opinions Online
Not all U.S. Circuit Courts of Appeals (or federal district or bankruptcy courts for that matter) make full (or almost full) runs of their opinions available at their websites. See, e.g. the blog post at Gallagher Law Library (University of Washington Law Schools): Circuit Courts Archiving Cites to Online Sources.
The Administrative Office of the Courts is a one place to begin when researching federal court practice and procedure, but for cases, you need to do a little detective work if you want to use a free database.
The primary method for finding federal court case documents is PACER (registration required – some fees), but opinions from the Courts of Appeals, and other federal courts, may also appear elsewhere on the Internet. The AOC has links to federal courts.
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Oregon DUII: Constitutional Right Not to Give a Blood Sample?
1) From Salem’s Statesman Journal:
Oregon’s high court explores the limits of consent, State’s top lawyers argue case that could alter drunken-driving enforcement, by Peter Wong, Statesman Journal, December 17, 2009:
Excerpt: “…… The arguments by two of the state’s top lawyers were heard by the Oregon Supreme Court, which has before it a Sept. 30 decision by a divided Oregon Court of Appeals that would require police to obtain search warrants before they can draw blood samples from some suspected drunken drivers…
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This case involves Thomas Gregory Machuca of West Linn, whose blood was drawn after a June 1, 2005, crash in Portland but who failed to persuade a trial judge to suppress evidence of his blood alcohol level. (It was 0.20 percent, above the legal limit of 0.08 percent.) He said it violated his state constitutional right against unreasonable searches and seizures.
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Oregon Trial Attorney Resources: Law Practice, Statutes of Limitations, and More
Jerry Cunningham at his info-packed Live Journal Oregon Law website linked to this Oregon attorney website: Oregon Trial Attorney Resources, from attorneys Richard J. Vangelisti and Scott F. Kocher.
Their website has a lot of buried treasure, especially in the articles they generously post for our reading pleasure (with brief annotations no less – a legal researcher’s dream). I could have just this past couple of days referred people to a couple of these.
Visit their website to read these articles and more:
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Oregon Public Records, Consumer Protection, and the Oregon Attorney General
A Dec 2nd, Oregonian story reports on policy and practice changes at the Oregon Department of Justice.
Read the Oregonian story for background and details: Kroger appoints public records czar but limits consumer information, by The Oregonian’s Jeff Mapes and Laura Gunderson, December 02, 2009.
Changes include:
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Oregon Court of Appeals: Firearms (Concealed Weapons) on School Property
The Oregon Court of Appeals decided this case about a teacher who wants to carry a concealed handgun, while teaching, on school property. The decision is dated November 18, 2009:
Jane Doe V. Medford School District (A137804)
“Medford School District 549C adopted a policy that prohibits its employees from possessing firearms on school district property or at school-sponsored events. Plaintiff, a school district employee who wishes to carry a handgun while teaching, initiated this declaratory judgment action challenging the lawfulness of that policy. The scope of that challenge is a narrow one: Plaintiff contends that the school district’s policy violates a statute, ORS 166.170, which she contends legislatively preempts the school district from regulating firearms in any manner. She sought a declaration in the circuit court to that effect. ORS 28.010 – 28.160. The school district moved to dismiss plaintiff’s complaint for failure to state a claim. The trial court granted the motion, concluding that ORS 166.170 does not preempt the school district from adopting its policy. The court entered judgment dismissing plaintiff’s complaint.
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Oregon Supreme Court Defines “Corrections Officer
The Oregon Supreme Court : STATE v. TATE (SC S056904), 11/19/09
‘The issue in this criminal case is the proper interpretation of the term “corrections officer” as used in ORS 163.208(1),(1) which defines the crime of “assaulting a public safety officer” to include an assault on a “corrections officer.”’ — (Link to full case.)
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Washington County (Oregon) Judge Gayle A. Nachtigal Inducted into NCSC Society
“Williamsburg, Va. (Nov. 16, 2009) — Judge Gayle A. Nachtigal of the Circuit Court of Washington County, Ore., will be inducted into the National Center for State Courts’ Warren E. Burger Society….
The Warren E. Burger Society honors individuals who have volunteered their time, talent, and support to the National Center in exceptional ways. It is named for the former Chief Justice of the U.S. Supreme Court who helped found the NCSC in 1971….” (link to full story)
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Special Historical Research Collections in Oregon
An upcoming workshop on “Local Treasures – Special Collections and Archives in the Portland Area” (presented by the Portland Area Library Association for Continuing Education), alerts us to these excellent research resources. I’ve reproduced the descriptions right from the program announcement:
1) “The Oregon Historical Society Research Library has gathered one of the most comprehensive collections of local, state, and regional history in the country, with holdings that chronicle the history of the Oregon Country from early exploration to the present day. Collection strengths include: European discovery, exploration, and settlement; Native Americans; local history, family history, and genealogy; the fur trade; agriculture, timber, mining, and fisheries; performing arts; business; architecture and building history; politics and government; religion; and transportation
2) The City of Portland Archives and Records Center is the official repository for records created by or for the City of Portland and its agencies. The collections provide important historical evidence of the development of city government since 1851. Research subjects documented by the collection include public policy, urban planning, parks, land use, public works, economic development, public safety and social issues. The collection includes reports and studies, correspondence and memoranda from city agencies, and elected officials, maps and plans, and nearly 750,000 photographic images of City projects and personnel.
3) The Multnomah County Archives contains records documenting county activities from its formation in 1854 until the present. The collection of records, maps and drawings, audio recordings and microfilm provide historical evidence of the Board of County Commissioners, Community Justice, Community Services, County Human Services, Health, Library Services, defunct agencies, and much more.
4) Central Library’s John Wilson Special Collections houses the rare book and other special collections of Multnomah County Library. Six core collections include those devoted to the book arts and the history of the book; children’s literature; natural history; Pacific Northwest history; literature with particular strengths of Charles Dickens and D. H. Lawrence; and Native American literature.
5) Oregon Jewish Museum: As the only Jewish museum in the Pacific Northwest, the Oregon Jewish Museum houses the largest collection of the documented and visual history of the Jewish people of Oregon in existence. The Special Collections Archives contains personal papers, institutional records, and ephemeral material dating from 1850 to the present, representing 450 individuals, families and organizations and businesses.
6) Oregon State Library: In addition to a strong collection of materials on Oregon history and culture, the Oregon State Library has an extensive collection of Oregon documents (documents published by State and Territorial governments) which include monographs, serials, audio-visual items and maps from 1851 to the present. The State Library also has manuscripts and photographs from the WPA Writers Project and a collection of 5000-plus photographs primarily of Oregon government officials and buildings, and the Salem area”
This isn’t a complete list, but it’s a good start. There are also special collections at just about every Oregon college and university library and museum, at county and tribal libraries and museums, at art museums, and beyond. Ask at your public library and at the Oregon Visitors Center.