Page 11 - OWLS AdvanceSheet Winter 2017

regon’s 2017 legislative session $246.5 million of bonding authority
started with organizational days and $1.1 million of general fund dollars
Oon January 9 and will end no for courthouse replacement and con-
later than July 10. The legislature will struction. The legislature asked Chief
be grappling with a variety of complex Justice Balmer to develop a timeline of
challenges due to a substantial budget prioritized projects for consideration by
shortfall of $1.8 billion and several pro- the legislature. The list includes complet-
posals addressing statewide issues. Expect ing the Multnomah County Courthouse
to see debates about transportation and building new courthouses in Hood
and infrastructure, revenue, affordable River, Clackamas, and Lane Counties. In
housing, PERS, education, and health care By Susan E. Grabe addition, these funds will support seismic
funding during the session. Proposals will The Oregon State Bar’s priorities for and system upgrades for the Oregon Su-
also surface that may affect the practice 2017 are funding for the courts (including preme Court building as well as general
of law, such as changes to family law, eCourt maintenance and court facilities), improvement projects.
business formation, juvenile law, and the indigent defense, and low-income legal Oregon eCourt. The Oregon eCourt
criminal justice system. services. The bar also has a package of project spanned eight years (2008–2016),
Despite the national sweep by the law improvement bills sponsored by dif- cost $91 million, and was completed on
Republican Party, Oregon stayed firmly in ferent bar groups and the OSB Board of time and under budget—a huge success
Democratic control. Oregonians retained Governors. See the website for details. in the world of state technology projects.
Kate Brown, a Democrat, as governor The Citizen’s Campaign for Court Final implementation occurred in August
and maintained a Democratic majority Funding, led by Ed Harnden and Peter 2016 with the move to mandatory efiling
in both the House and the Senate. The Bragdon, has been reinstituted. The goal statewide. The transition to eCourt also
Democrats hold an edge in the House, is to mobilize members of the Oregon envisions the use of more interactive
35–25, although Democrats are one State Bar and members of the business forms in the future. In the 2017 session,
vote shy of a supermajority needed to community to advocate for court funding. OJD will be requesting $10.7 million in
pass tax and revenue measures. In the The Oregon Judicial Department’s other funds to cover the cost of main-
Senate, the Republicans picked up one (OJD’s) top priorities include these: taining the Oregon eCourt system. How
seat, to be filled by Alan DeBoer, after a • Maintenance of the Current Ser- those funds will be generated, whether
hotly contested race for the seat held by vice Level budget from the general fund, filing fees, or a
the late Dr. Alan Bates, in Medford. The • Maintenance of Oregon eCourt mix of filing fees and general fund, is yet
result is 17 Democrats and 13 Republicans • Judicial compensation to be determined.
in the Senate, also one vote shy of the • Nine new judgeships Indigent Defense. The bar has sup-
supermajority needed to pass revenue • Safe courthouse facilities ported a resolution to ensure funding
measures or increase taxes. The OJD’s other budget priorities in- to maintain current services for indigent
The numbers in the House and Senate defense, as well as fair compensation and
set the stage for serious negotiations on clude improving court services to children reduced caseloads for attorneys repre-
and families, adequately funding the
revenue and policy issues in 2017. The courts’ collection of unpaid fines and fees, senting parents and children. The Public
defeat of ballot measure 97 (the proposed continuing the operation of drug courts Defense Services Commission has testified
25% corporate tax increase) and the need statewide, and staffing the Supreme that it would need an additional $13.3
for a transportation package reinforce Court’s fairness and outreach efforts. million this biennium (a 5.2% increase)
the need to find common ground to re- Governor Brown’s recommended due to an unanticipated increase in cases
solve issues important to all Oregonians. budget was released in December with in the system. The legislature’s Emergency
The fact that Speaker Tina Kotek has a general fund allocation for the judicial Board approved $4 million for trial-level
named two Republicans as chairs of Ways branch that is $1.04 million lower than defense work and death penalty cases.
and Means subcommittees demonstrates requested. This is because the governor The 2017 session will also address other
that compromise is possible. must submit a balanced budget even issues that lawyers care about, including
In the November 2016 election, three though she does not have budgetary Medicaid expansion, revenue-raising pro-
legally trained candidates were elected to authority over the judicial branch. The posals, and proposals from the Attorney
statewide office, and nine were elected final funding decision will be made by General’s Office regarding public records,
to the Oregon House of Representatives. the legislature toward the end of session. student loans, the Oregon Evidence
Governor Kate Brown is a former family To that end, the bar will have a Day at Code, and telephone testimony. Other
law attorney, legislator, and secretary of the Capitol during the session, which will issues will include another run at legis-
state. Attorney General Ellen Rosenblum, focus on educating legislators about the lation regarding grand juries and some
formerly a trial judge and judge on the need to fund the courts, indigent defense, modifications in view of the Supreme
Oregon Court of Appeals, was reelected. and low-income legal services. Court’s Horton decision, which limited
Dennis Richardson, a retired trial attorney the recovery of noneconomic damages
and former state legislator, was elected Upcoming Policy and Budget Issues in tort claims.
as Oregon secretary of state. Several issues to be addressed by the Stay tuned for legislative developments
Two new legally trained legislators legislature will specifically affect lawyers. of concern to the bar by subscribing
will join the House of Representatives: The $1.8 billion budget shortfall is one. to the OSB Capitol Insider. You can do
Karin Power (Milwaukie) and Richard Others include funding for courthouses that by modifying your communication
Vial (Wilsonville). For a complete list of and maintaining Oregon eCourt. preferences on your member dashboard.
legally trained legislators, visit www. Courthouse Construction. The Oregon Susan E. Grabe is the public affairs direc-
osbar.org/pubaffairs. Judicial Department (OJD) will ask for tor at the Oregon State Bar.
OREGON WOMEN LAWYERS AdvanceSheet 11 WINTER 2017