Public Affairs


Hot Topics

November 2008 General Election

Twelve Ballot Measures on November’s Ballot
Secretary of State Bill Bradbury announced that measure numbers have been assigned to the four legislative referrals from the 74th Legislative Assembly and the initiative petitions that have qualified for the November 4, 2008, General Election Ballot.

Following is a link to a list of these twelve measures including their measure number and ballot title:

Following is a link to the League of Women Voters' guide:

Oregon State Bar Board of Governors votes
to oppose Ballot Measure 59 at its September 2008 Meeting

Following is additional information on Measure 59:


Section and Committee Legislative Proposals for the 2009 Legislative Session

At its may meeting, the Board of Governors approved this package of law improvement bills for sponsorship in the 2009 Oregon Legislature. These proposals were made be various bar groups in order to improve Oregon's body of law. The package of proposals was sent to the Judiciary Committee and then the Office of Legislative Counsel in May, where the language will be put into LC draft format.

The legislative proposals are available here.



Get Updated With 2008 Oregon Legislation Highlights

Find out which new laws will affect your practice and clients when you buy 2008 Oregon Legislation Highlights. The Legislatures's 2008 Supplemental Session resulted in the passage of over 70 bills. The 2008 Oregon Legislation Highlights publication describes bills enacted in various practice areas. Effective dates of each described bill are also provided.

Copies are still available for $30. To order, call the Service Desk at (503) 684-7413, or toll-free in Oregon at 1-800-452-8260, ext. 413 or click here to view and print the order form.



Initiatives 51 and 53 Will Not Appear On Ballot

Two measures aimed at lawyers appear to be dead for the 2008 election cycle. Initiative Petition 51 would have severely limited contingent fees, and Initiative Petition 53 would have provided sanctions against lawyers for filing “frivolous” claims, defenses, and motions.

On July 10, the Secretary of State’s office halted the signature verification process on each petition, noting “insufficient signatures to continue.” The Secretary refused to count signatures submitted just prior to the July 3 deadline due to violations of election law, leaving the petitioners thousands of signatures short. Expectations to the contrary, it appears that the opponents will not pursue a legal challenge to the Secretary’s decision.

The Oregon State Bar House of Delegates had resolved at its meeting last September to oppose both these measures.

Following is a link to the House of Delegates resolution:


Mission Statement

The Public Affairs Department works to apply the knowledge and experience of the legal profession to the public good by advising governmental bodies, proposing legislation for law improvement, and advocating on matters that affect the legal profession.
The Public Affairs Program:
provides legal expertise and assistance to lawmakers;
informs bar leaders, members and government bodies on bar related legislation and public policy issues;
assists bar groups with law improvement projects; and
influences major issues affecting the legal profession and justice system.


Policies/Proposals

OSB Bylaws
OSB Legislative Proposals/Session Results
OSB 2007 Legislative Session Results
OSB 2005 Legislative Session Results
OSB 2003 Legislative Session Results
OSB 2001 Legislative Session Results
OSB 1999 Legislative Session Results


Access the 2007 Public Affairs Legislative Session Tracking/Reports here
Keep track of the bills and generate reports on the bills your Section/Committee has identified as bills of interest. If you have questions regarding taking positions on legislation or on how to use the Public Affairs Legislative Tracking/Reports site, please contact the Public Affairs Department at 503.431.6376.


Keller Rule

What is the Keller Rule?
In 1990, the United States Supreme Court ruled in Keller v. State Bar of California, 499 US 1, 111 SCt 2228 (1990) that an integrated (mandatory) bars use of compulsory dues to finance political and ideological activities violates the 1st Amendment rights of dissenting members when such expenditures are not germane to the bars purpose, which the court identified as regulating the legal profession and improving the quality of legal services.

Keller does not prohibit integrated bars from using member dues to advance political or ideological positions that are not germane to the bars purpose; however, it requires that dissenting members receive a refund of the portion of dues attributable to the non-germane activity.

The OSB Legislative Guideline Overview

The board has determined that the use of bar dues to participate in shaping legislation that involves the regulation of the legal profession and matters concerning the quality of legal services available to the people of Oregon is germane to the bar's role and is in the public interest.

Oregon State Bar legislative or policy activities shall be limited to those reasonably related to any of the following subjects:

The regulation and discipline of lawyers;
The improvement of the functioning of the courts including issues of judicial independence, fairness, efficacy and efficiency;
The availability of legal services to society;
The regulation of lawyer trust accounts;
The education, ethics, competence, integrity and regulation of the legal profession; or
The provision of law improvement assistance to elected and appointed government officials;
Issues involving the structure and organization of federal, state and local courts in or affecting Oregon;
Issues involving the rules of practice, procedure and evidence in federal, state or local courts in or affecting Oregon; and
Issues involving the duties and functions of judges and lawyers in federal, state, and local courts in or affecting Oregon.

*Excerpt from OSB Bylaws, Article 12 Legislation and Public Policy

Publications

Contacts
Public Affairs Committee Members

The Public Affairs Committee of the Board of Governors oversees the work of the program, and makes recommendation to the Board of Governors on public policy issues.

Public Affairs Committee Process

The Board or its Public Affairs Committee sets priorities regarding legislation or positions on legislation. In so doing, the Board will make a reasonable effort to do the following:

Encourage as wide a participation of the membership as possible
in formulating positions on legislative issues;
Inform members of the Bars legislative positions;
Respect divergent opinions of subgroups within the legal profession;
Provide assistance to bar sections and committees; avoid
committing bar funds to issues that are divisive or create factions
within the profession;
Present major issues to the House of Delegates for approval.

2008 Public Affairs Committee Members

Ann L. Fisher Chair, Portland
AF Legal & Consulting Services
PO Box 25302
Portland, OR 97298
Phone: 503-721-0181
Fax: 503-291-1556
energlaw@aol.com

Gerry Gaydos Vice-Chair, Eugene
Gaydos Churnside & Balthrop PC
440 E Broadway, Suite 300
Eugene, OR 97401
Phone: 541-343-8060
Fax: 541-343-1599
gerry@gcbpc.com


Kellie F. Johnson
Multnomah County DA's Office
600 Multnomah County Courthouse
1021 SW 4th Ave.
Portland, OR 97204
503 988-3162 Fax: 503 988-3643
kellie.johnson@mcda.us

Stephen V. Piucci
900 SW 13th, Suite 200
Portland, OR 97205
503-228-7385
503-228-2571
steve@piucci.com

Carol DeHaven Skerjanec
280 A St. E, PO Box 220
Vale, OR 97918
Phone: 541-473-3141
Fax: 541 473-2651
skerjanec@valelawyers.com

Robert L. Vieira Portland
OHSU Baird Hall, Room 1028
Mail Code L349
3181 SW Sam Jackson
Portland, OR 97239
Phone: 503-494-7878
Fax: 503-494-7519
vieirar@ohsu.edu

Oregon State Bar Public Affairs Staff

P.O. Box 231935
Tigard, OR
97281-1935
(503) 620-0222
or toll-free in Oregon: (800) 452-8260
Fax: (503) 684-1366

Staff:
Susan Evans Grabe, Director
David Nebel, Attorney
Sally LaJoie, Attorney
Camille Greene, Public Affairs Assistant

OSB Section and Committee Legislative Contacts

Elected Officials with Legal Training

All OSB Staff Contacts

How To Get Involved

Tips for Communicating with Your Legislator

Tips for Lobbying and Getting Prepared

OSB Guidelines for Section & Committee Involvement

OSB Legislative Policy Guideline

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Useful Links
State of Oregon Website
Oregon Courts
Oregon Secretary of State Elections Division

State initiative and general state election information
http://www.sos.state.or.us/elections/elechp.htm

Project Vote Smart
The United States Congress: