Sailboats Can Be "Floating Homes" in Oregon

The OSB Real Estate and Land Use Digest, vol. 30, no. 5, December 2008) discusses Ramsum v. Woldridge, 222 Or App 109, 192 P.3d 851 (2008):

Excerpt from the case:

"EDMONDS, P. J.

Defendants lived on their sailboats at Eagle's Cove Marina, where they rented moorage slips from plaintiff, the owner of Eagle's Cove.(1) Plaintiff served defendants with 30-day eviction notices under ORS 91.070. When defendants refused to vacate the slips, plaintiff filed Forcible Entry and Detainer (FED) actions under ORS chapter 91 to evict them. At trial, defendants defended on the ground that ORS chapter 91 was inapplicable because their sailboats qualified as "floating homes" under the Residential Landlord and Tenant Act (RLTA) in ORS chapter 90. The trial court entered FED judgments in favor of plaintiff and supplemental judgments for costs and disbursements, concluding that the RLTA did not apply. The cases were consolidated for purposes of appeal. On defendants' appeal, we reverse for the reasons that follow...
...
The final issue under ORS 830.700(4) in this case is whether defendants' sailboats are primarily used as their domiciles and not primarily used as boats.(5) The findings by the trial court (not contested by the parties) and the undisputed evidence that none of the defendants sails his boat more than 15 days a year establish that fact. See findings No. 15, 16, 17. It necessarily follows from the legislature's incorporation of ORS 830.700(4) into the RLTA and the trial court's findings, that the slips in which defendants' sailboats are moored are "dwelling units" for the purposes of the RLTA. Consequently, defendants are correct when they contend that 30 days' notice was not sufficient to lawfully evict them without cause, and it was error for the trial court to enter the FED judgments and the supplemental judgments for costs and disbursements. (read full case)"

(Real Estate and Land Use (RELU) section newsletter is not free online, but local law libraries will either have it or can get a copy of the article for you.)

More Stunning Peanut Recall News

More news today on the peanut recall front, from the Washington Post, in a rather stunning announcement:

Every Peanut Product From Ga. Plant Recalled: FDA: Toss Out Anything Made in 2007-08
By Lyndsey Layton, Washington Post Staff Writer, Thursday, January 29, 2009; Page A01

Excerpt: “In one of the largest food recalls in history, the Food and Drug Administration asked retailers, manufacturers and consumers yesterday to throw out every product made in the past two years from peanuts processed by a Georgia plant at the heart of a deadly nationwide outbreak of salmonella illness….
...
The action came after federal officials discovered this month that the company, Peanut Corporation of America, knowingly shipped products contaminated with salmonella 12 times in 2007 and 2008, prompting a congresswoman to call yesterday for a criminal investigation by the Justice Department.

Michael Rogers of the FDA said the company violated good manufacturing practices by selling peanut products that had tested positive for salmonella bacteria in inspections commissioned by the firm. He said it turned over records of its inspections only after the FDA invoked special authority given to it by Congress in 2002 under laws to prevent bioterrorism...." (source)

What Peanut Paste (butter) Recall?

I still run into people (parents! yikes!) who say,”what peanut paste (or butter) recall?” Duh.

** FDA website and here and here.

** CDC website and here and here.

Maybe we still need paper boys (and girls) running through the streets shouting out headlines: PEANUT PASTE RECALL! READ ALL ABOUT IT! DON’T EAT YOUR PEANUT PASTE!

In any event, don’t eat products with peanut paste in them without doing a little homework. Yes, some products are still ok, but please, do a little reading first. Salmonella isn’t fun and it could even be deadly. But it may not be necessary for you to go overboard either and throw out that organic crunchy peanut butter with those peanut cheese crackers (which probably do need to go).

Metro (Oregon) Regional Illegal Dumping Patrol

For your inner-detective/sleuth ... bet you didn't know this could be a career - and maybe a darned interesting one for some!

Metro’s Regional Illegal Dumping Patrol

“Metro's RID Patrol tackles the problem of illegal dumping in multiple ways: cleaning up dump sites, investigating evidence found at the dump sites, issuing citations to the guilty parties, investigating haulers that are illegally dumping and working with communities that need education and help to reduce dumping in their neighborhood.

Alert the RID Patrol

Watch for and report illegal dumpers. Write down license plates and other identifying information. You can report online or by calling Metro Recycling Information at 503-234-3000.Report illegal dumping online….

The dangers of illegal dumps …
…
Beware of “freelance” haulers …” More from the RID Patrol website.

Obama’s “Difficult Tasks” and Lawyers Who Need Web Sites

As President Obama has said, “... there is nothing so satisfying to the spirit, so defining of our character, than giving our all to a difficult task.” (Inaugural Address, 1/20/09) ...


My view (below) is from the perspective of a law librarian and of someone who hires lawyers, so think of me as a Super (and maybe very annoying) Client, but who also talks to hundreds of people who are trying to find the right lawyer:

Two things lawyers who want to make a living (as lawyers) should never say, but that I hear said every day:

1) “I don’t have an email address.” (This is not much different from saying "I don’t have a telephone number." But you also must know when to use and not use email!)

2) “I don’t have a law firm web page.” (That is no different from saying you can’t read instructions or don’t know how to set up an efficient law office. Why would I hire a lawyer who can’t read instructions or supervise support staff? Maybe that lawyer can’t read statutes either?)

One page, that’s all we’re asking for – one web page for your law firm. Surely your business is worth that. You can (and should) have a web site for your law firm. It doesn’t have to be daunting, expensive, or fancy (in fact, the less fancy, the better). And learning how to create one is not much more difficult than reading instructions and asking questions.

To get started, try this article:

Jim Calloway’s (Law Practice Tips blog) excellent and easy to follow: Web Site How-To Tips for the Small Firm Lawyer, from the Oklahoma Bar Association journal, includes the basics, but don’t blame me if you find yourself getting interested in doing much more after conquering this difficult task!

Does Your Car Repair Shop Give You an Estimate Before Making Repairs?

It should and you can always refuse to do business with them if they don’t (and put it in writing, please). But that’s too easy. There needs to be legislation requiring them to do this!

For a public policy wonk there are few things more fun than watching the Bills Go By. Visit the Oregon Legislature’s web pages to all sorts of bill searching options. Then you can track its path through Committees, Committee hearings, reports (e.g. these), floor votes, and maybe even a Governor’s signature.

Here’s a bill on requiring car repair estimates: 2009 HB 2268

* Requires vehicle repair shop to prepare estimate of work that vehicle repair shop proposes to perform on motor vehicle before beginning work. Specifies contents of estimate.

* Requires vehicle repair shop to obtain separate, specific authorization for certain types of work if work is estimated to cost motor vehicle owner or owner's designee more than $100.

* Requires vehicle repair shop to take certain actions and prohibits vehicle repair shop from taking certain other actions.

* Permits owner of motor vehicle to designate, in writing, person as owner's designee.

* Authorizes enforcement of violation of Act as unlawful trade practice.

Popular Mechanics and the Law (worst case scenarios, limousines, and plane crashes)

I’m thinking about adding Popular Mechanics website to my list of places to visit weekly.

Interesting, and well written, stuff. Take a look:

1) Worst Case Scenarios

2) Presidential limousines, history of

3) Sully’s (US Air plane) landing

Libraries, Peace Processes, and Equal Access

If you know anything at all about Columbia, this article will be a fascinating counterpoint:

Libraries sow urban peace in Colombia, by Andrea Domínguez 14/01/2009

Excerpts:
“According to Prada, Bogotá libraries have become an important tool for social equality, they are open to all regardless of their social, economic or cultural background. They have become an important place for the city's youths, not only for reading but as a place where they can carry out activities related to culture and leisure.

The libraries have also helped to restore the sense of public space and an empowermnet of their users. The libraries have helped better their surroundings, improving security in areas previously considered highly dangerous, and which are today very active and secure….
…
One of the facts that allows us to reinforce the thesis that libraries have contributed to lowering levels of violence is the case of Medellin that launched a master plan for library services in 2004 and which resulted in 5 library-parks, all located in depressed areas of the city.

According to Jorge Melguizo, Medellín Secretary of Culture, the fact the city has currently a mere 9% of the violent deaths it had five years ago is certainly associated with the library-parks. “I am not saying that the libraries single-handedly lowered levels of violence, since there are a series of factors in the city that have generated a new climate, but these spaces for social inclusion, for gathering, and for opportunities have made a contribution….” (link to full article)

(Thanks to Library Link of the Day (Jan. 21, 2009) for the lead!)

Oregon Constitution in Small Bites: Bite #14 (Article IV, Legislative Department, Sections 2-6)

Links to Previous Bites can be found here at, "Oregon Consitution in Small Bites: So Far"

Today: Oregon Constitution in Small Bites: Bite #14 (Article IV, Legislative Department, Sections 2-6, copied from this version at the Oregon Legislature's website)

ARTICLE IV
LEGISLATIVE DEPARTMENT

… (previous sections found in this Small Bite)

2. Number of Senators and Representatives
3. How Senators and Representatives chosen; filling vacancies; qualifications
4. Term of office of legislators; classification of Senators
6. Apportionment of Senators and Representatives

Section 2. Number of Senators and Representatives. The Senate shall consist of sixteen, and the House of Representatives of thirty four members, which number shall not be increased until the year Eighteen Hundred and Sixty, after which time the Legislative Assembly may increase the number of Senators and Representatives, always keeping as near as may be the same ratio as to the number of Senators, and Representatives: Provided that the Senate shall never exceed thirty and the House of Representatives sixty members.–

Section 3. How Senators and Representatives chosen; filling vacancies; qualifications. (1) The senators and representatives shall be chosen by the electors of the respective counties or districts or subdistricts within a county or district into which the state may from time to time be divided by law.
(2) If a vacancy in the office of senator or representative from any county or district or subdistrict shall occur, such vacancy shall be filled as may be provided by law. A person who is appointed to fill a vacancy in the office of senator or representative shall have been an inhabitant of the district the person is appointed to represent for at least one year next preceding the date of the appointment. However, for purposes of an appointment occurring during the period beginning on January 1 of the year next following the operative date of an apportionment under section 6 of this Article, the person must have been an inhabitant of the district for one year next preceding the date of the appointment or from January 1 of the year following the reapportionment to the date of the appointment, whichever is less. [Constitution of 1859; Amendment proposed by S.J.R. 20, 1929, and adopted by the people Nov. 4, 1930; Amendment proposed by H.J.R. 20, 1953, and adopted by the people Nov. 2, 1954; Amendment proposed by S.J.R. 14, 1995, and adopted by the people May 16, 1995]


Section 3a. Applicability of qualifications for appointment to legislative vacancy. [Section 3a was designated section 1b, which was created by S.J.R. 14, 1995, and adopted by the people May 16, 1995; Repealed Dec. 31, 1999, as specified in text of section adopted by the people May 16, 1995]


Section 4. Term of office of legislators; classification of Senators. (1) The Senators shall be elected for the term of four years, and Representatives for the term of two years. The term of each Senator and Representative shall commence on the second Monday in January following his election, and shall continue for the full period of four years or two years, as the case may be, unless a different commencing day for such terms shall have been appointed by law.
(2) The Senators shall continue to be divided into two classes, in accordance with the division by lot provided for under the former provisions of this Constitution, so that one-half, as nearly as possible, of the number of Senators shall be elected biennially.
(3) Any Senator or Representative whose term, under the former provisions of this section, would have expired on the first Monday in January 1961, shall continue in office until the second Monday in January 1961. [Constitution of 1859; Amendment proposed by S.J.R. 23, 1951, and adopted by the people Nov. 4, 1952; Amendment proposed by S.J.R. 28, 1959, and adopted by the people Nov. 8, 1960]


Section 5. Census. [Constitution of 1859; Repeal proposed by H.J.R. 16, 1971, and adopted by the people May 23, 1972]


Section 6. Apportionment of Senators and Representatives. [Constitution of 1859; Amendment proposed by initiative petition filed July 3, 1952, and adopted by the people Nov. 4, 1952; Repeal proposed by H.J.R. 6, 1985, and adopted by the people Nov. 4, 1986 (present section 6 of this Article adopted in lieu of this section)]


Section 6. Apportionment of Senators and Representatives. (1) At the regular session of the Legislative Assembly next following an enumeration of the inhabitants by the United States Government, the number of Senators and Representatives shall be fixed by law and apportioned among legislative districts according to population. A senatorial district shall consist of two representative districts. Any Senator whose term continues through the next regular legislative session after the effective date of the reapportionment shall be specifically assigned to a senatorial district. The ratio of Senators and Representatives, respectively, to population shall be determined by dividing the total population of the state by the number of Senators and by the number of Representatives. A reapportionment by the Legislative Assembly shall become operative no sooner than September 1 of the year of reapportionment.
(2) This subsection governs judicial review and correction of a reapportionment enacted by the Legislative Assembly.
(a) Original jurisdiction is vested in the Supreme Court, upon the petition of any elector of the state filed with the Supreme Court on or before August 1 of the year in which the Legislative Assembly enacts a reapportionment, to review any reapportionment so enacted.
(b) If the Supreme Court determines that the reapportionment thus reviewed complies with subsection (1) of this section and all law applicable thereto, it shall dismiss the petition by written opinion on or before September 1 of the same year and the reapportionment shall become operative on September 1.
(c) If the Supreme Court determines that the reapportionment does not comply with subsection (1) of this section and all law applicable thereto, the reapportionment shall be void. In its written opinion, the Supreme Court shall specify with particularity wherein the reapportionment fails to comply. The opinion shall further direct the Secretary of State to draft a reapportionment of the Senators and Representatives in accordance with the provisions of subsection (1) of this section and all law applicable thereto. The Supreme Court shall file its order with the Secretary of State on or before September 15. The Secretary of State shall conduct a hearing on the reapportionment at which the public may submit evidence, views and argument. The Secretary of State shall cause a transcription of the hearing to be prepared which, with the evidence, shall become part of the record. The Secretary of State shall file the corrected reapportionment with the Supreme Court on or before November 1 of the same year.
(d) On or before November 15, the Supreme Court shall review the corrected reapportionment to assure its compliance with subsection (1) of this section and all law applicable thereto and may further correct the reapportionment if the court considers correction to be necessary.
(e) The corrected reapportionment shall become operative upon November 15.
(3) This subsection governs enactment, judicial review and correction of a reapportionment if the Legislative Assembly fails to enact any reapportionment by July 1 of the year of the regular session of the Legislative Assembly next following an enumeration of the inhabitants by the United States Government.
(a) The Secretary of State shall make a reapportionment of the Senators and Representatives in accordance with the provisions of subsection (1) of this section and all law applicable thereto. The Secretary of State shall conduct a hearing on the reapportionment at which the public may submit evidence, views and argument. The Secretary of State shall cause a transcription of the hearing to be prepared which, with the evidence, shall become part of the record. The reapportionment so made shall be filed with the Supreme Court by August 15 of the same year. It shall become operative on September 15.
(b) Original jurisdiction is vested in the Supreme Court upon the petition of any elector of the state filed with the Supreme Court on or before September 15 of the same year to review any reapportionment and the record made by the Secretary of State.
(c) If the Supreme Court determines that the reapportionment thus reviewed complies with subsection (1) of this section and all law applicable thereto, it shall dismiss the petition by written opinion on or before October 15 of the same year and the reapportionment shall become operative on October 15.
(d) If the Supreme Court determines that the reapportionment does not comply with subsection (1) of this section and all law applicable thereto, the reapportionment shall be void. The Supreme Court shall return the reapportionment by November 1 to the Secretary of State accompanied by a written opinion specifying with particularity wherein the reapportionment fails to comply. The opinion shall further direct the Secretary of State to correct the reapportionment in those particulars, and in no others, and file the corrected reapportionment with the Supreme Court on or before December 1 of the same year.
(e) On or before December 15, the Supreme Court shall review the corrected reapportionment to assure its compliance with subsection (1) of this section and all law applicable thereto and may further correct the reapportionment if the court considers correction to be necessary.
(f) The reapportionment shall become operative on December 15.
(4) Any reapportionment that becomes operative as provided in this section is a law of the state except for purposes of initiative and referendum. A reapportionment shall not be operative before the date on which an appeal may be taken therefrom or before the date specified in this section, whichever is later.
(5) Notwithstanding section 18, Article II of this Constitution, after the convening of the next regular legislative session following the reapportionment, a Senator whose term continues through that legislative session is subject to recall by the electors of the district to which the Senator is assigned and not by the electors of the district existing before the latest reapportionment. The number of signatures required on the recall petition is 15 percent of the total votes cast for all candidates for Governor at the most recent election at which a candidate for Governor was elected to a full term in the two representative districts comprising the senatorial district to which the Senator was assigned. [Created through H.J.R. 6, 1985, and adopted by the people Nov. 4, 1986 (this section adopted in lieu of former section 6 of this Article)]

Whole meal: Oregon Constitution.

WHO Surgical Checklist: This SOP May Save Lives and Lawsuits

The stories (e.g. here and here) we’ve been reading recently about the surgical checklist from the World Health Organization (their Safe Surgery Saves Lives Challenge) have some of us wondering why all surgical teams aren’t required to use them.

Even under the extreme emergency of “birds in engines,” the pilots of that plane that landed in the Hudson pulled out their own checklist.

It also has us wondering if we can’t just take the Checklist into the operating room with us and insist that the hospital staff use it and sign off on it (a big X marking the place where the knife is supposed to be inserted wouldn't hurt either, so to speak).

Granted there is training recommended before adopting the Checklist as SOP (standard operating procedure, no pun intended), but better a little caution than total hubris (don't need no stinkin' checklist?). (Link from here for operation manual and starter kit.)

It also has us wondering if insurance companies that insure hospitals, doctors, and nurses are insisting that the Checklist be used. And, we're wondering, if lawyers who prosecute or defend these lawsuits are fully cognizant of the existence and value of the Checklist.

One can’t eliminate, from life, death, destruction, terrorism, or mistakes, but one sure can take small steps to minimize their frequency or severity, e.g. use your turn signals, look both ways before crossing, exercise, and, maybe surgical Checklists. Learn about this Checklist ….

Just wondering …. Link to the Checklist.

Project Gutenberg, UGC, and Librarians

If you’ve ever wanted to contribute to Project Gutenberg, this article will be helpful (and fun to read if you like creating UGC (user generated content)):

U-Content: Project Gutenberg, Me, and You, by Nicholas Tomaiuolo

And it includes an interview with Michael Hart, one of the original open sourcers (or maybe I should say sorcerers, since it is really is magic).

Thanks to Library Link of the Day (January 2009) for the lead!

50+ Ways to Track Website Traffic

From iLibrarian, link to the 50+ Ways to Track Website Traffic story.

Credit Freezes and Credit Reports in Oregon

I was reading the September 2008 Consumer Reports and their story, "ID Leaks: A Surprising Source is Your Government at Work," reminded me that I wanted to post about their Consumer’s Union “How to Protect Yourself” guide, their Financial Privacy Now website.

(And don't forget to check out their blog.)

This is nothing new for a lot of you, but it doesn't hurt to include the information on this blog too:

1) To order your free credit report (3 of them actually- stagger them to check your credit report free 3x a year): visit annual credit report dot com. Do NOT connect to this site from any email that is sent to you. Always connect to it directly or from a reliable site, for example, the Federal Trade Commission webpage (a dot gov site) or Consumer’s Union, which has additional trustworthy websites.

2) Never click without mindfulness. Are you where you want to be? If the website you visit is charging to get a copy of your free annual credit report copy, you are probably at a commercial website. Take your fingers off the keyboard, pay attention to what you are doing, and go to one of the trustworthy sites that will connect you or give you the correct URL.

When Do I Have to Vacate My House After the Oregon Foreclosure Auction?

Lots of people think that answers to legal question are online. Hah!

Law librarians and lawyer know that few, if any, answers to legal “questions” are “online.” "Laws" are online (e.g. the ORS), but answers to legal problems are not; answers require research, study, synthesis, conclusions, negotiation, more research, study, and great leaps of faith, not to mention luck. (An appellate attorney in the family doesn’t hurt either, especially one who owes you a favor.)

This question, about vacating property, we got the other day, along with about a zillion other bankruptcy, foreclosure, interest rate, credit card, and debt related questions. Welcome to 2009.

So, when DO you have to vacate your house after the foreclosure auction?

At first blush it appears that the answer should be printed in the homeowner’s foreclosure paperwork. But it’s often not. There are reasons for this, and those vary depending on the nature of the foreclosure and the jurisdiction.

My public law librarian response:

1) You may need to talk to a lawyer, and I highly recommend that you do, but many of our patrons wouldn’t be where they are, at a foreclosure auction, if they could afford a lawyer, so try these other suggestions first.

2) It depends – of course it does! Doesn’t everything? It depends on what takes place before, during and after auction, it depends on whether or not the house is actually sold at auction, it may depend on who the buyer is, on whether or not a notice to vacate is filed, on whether the sale was properly authorized, etc., etc., etc. It depends ....

3) The next best first step if you don’t have a lawyer is to talk to someone who knows Oregon foreclosure law. A number of nonprofit agencies have counselors who may be able to answer the question. Have your paperwork handy for the counselor to review. Your law library or public library or even your State Legislator will be able to refer you to a local housing foreclosure counseling service.

4) You may also check with a Legal Aid Services of Oregon office. They may be able to help or they can help you find an attorney who can advise you.

5) Your county law librarian may have other resources to recommend.

6) And, for those who want an exercise in frustration, try to answer this question using the ORS. Yes, an answer is there (sort of), but you’re a better person than most if you can find it. Actually, the full answer will require looking at several statutes, and you'll need to know which parts of which statutes apply to your specific situation, but at least part of the answer really is there. (Hint, using the print ORS is a lot easier than using it online. Many Oregon public libraries have the ORS in print.) But, the reality is, each person's situation is unique and you may have more rights than you think, or fewer.

My previous posts about foreclosure law in Oregon, here and here.

"Kids Turn" in Washington County (Oregon)

We get regular requests for the Kid's Turn phone number, so here it is: 503- 846-0665.

This is a parenting program used in Washington County (Oregon).

You can read more about parenting classes and related Oregon family law matters here and here and here and here.

Leaving Children Home Alone (in Oregon) - Update

See recent updates (e.g. 2/10/11, 6/15/09), but also click on the Home Alone label in the sidebar.

Some who just left me a Comment on my previous leaving children home alone post asked if there were any laws “about 2, 3 or 4 children being left in one home alone that are just friends or days alone or over night alone?”

I wish there was a simple answer, but there is not. Like a lot of questions about leaving children home alone, if the general information given on the various websites doesn’t answer your question, you may need to consult a "professional." “Professionals” includes any number of possibilities, from a social worker, to a law enforcement officer to a lawyer.

I recommend trying the following resources for finding someone who can advise you, keeping in mind that no one except an attorney can advise you on the law in your specific situation. It may seem like a lot of trouble to do this, but it's better than seeing a police officer on your doorstep when you return home - or worse than that, an ambulance.

1) Contact a local social service agency, for example, your county’s branch of the Department of Human Services (see reference in the Clackamas County article, below).

2) Some counties have one or more nonprofit organizations that can advise you. In Washington County we have this terrific Community Action site. Call your own 211 service or your public library for other referrals. If your city or county has a government information line, try that. In some very small towns, ask the Mayor when you run into him/her at the grocery store. You can also call one or another of your elected officials, e.g. Find Your Legislator. Your state legislators make state laws, your local city or county commissioners make local law.

3) You could also contact the Oregon State Bar Information and Referral Service and ask them if they know the answer to your question or if they can make a referral. Their Problems Solvers (a legal aid service for 13-17 year olds) probably has attorneys who answer "home alone" and “babysitting” questions and may know the answer. (You can always have your 15 year old call them :-)

4) Here's the information from the Clackamas County website (last checked on 1/13/09):

“What is the legal age for leaving a child home alone?

When people ask this question they are typically wanting to be told a specific age when a child can be left alone. To the surprise of many, there is no specific age provided for by law. There is, however, one law which provides a minimum guideline. Oregon's child neglect laws indicate a child should be at least ten years of age or older. Child neglect in the second degree is defined by a person having custody of a child under 10 years of age and, with criminal negligence, leaves the child unattended at any place for such period of time as may be likely to endanger the health or welfare of such child.
Some children who are ten years of age or older also should not be left alone. In these circumstances, the good judgment of the parent or guardian is most important. Generally speaking there are three primary variables which need to be considered. First, the maturity of the child, second, the environment provided for the child and third, how long the child will be unattended. The best advice is to error on the side of caution, safety and the best interest of the child. As a guideline it is also advisable to be extra cautious with children under 10 years of age. If in doubt it would be wise to call the State Department of Human Services - Clackamas Branch: 971-673-7200 or 1-800-628-7876.

In regard to maturity, a child may be 13 years old and yet immature and unskilled at providing for him or herself when alone or during an emergency. Under these circumstances, if notified, the police or State child welfare agency may be concerned. However, a child may be 11 years of age, very mature, quite skilled at meeting his needs and well prepared to respond to an unanticipated event. In this case it may be appropriate to leave the child unattended for a short period of time.

The child's environment is also of great concern. Central issues of concern include the provision of food, heat, emergency planning, and access to a responsible adult if needed. Ideally, if a child must be left unattended for a short period of time, a neighbor should be available to periodically check in on the child. Of course, regular phone calls from a parent demonstrates appropriate concern too.

It is not advisable to leave any child unattended for an extended period of time.”

(Soon to be) President Obama Inauguration Sites and Schedules

On this deeply moving and historic day …

We will be fairly low-tech in my Law Library on Inauguration Day, January 20, 2009, with the TV tuned in. Laptop users can connect through our wireless service:

Inaugural information and schedules of events:

1) Presidential Inaugural Committee site

2) From the Senate website, including the weather report

3) U.S. Secret Service in inauguration site

4) Inauguration D.C. links to these sites

If you need more, try this Google search: 2009 presidential inauguration site:.gov

Pedestrians: Learn Your Rights at Willamette Pedestrian Coalition Clinic

The Willamette Pedestrian Coalition is sponsoring a Pedestrian Legal Clinic. Visit the WPC’s website for dates, times, locations of the clinics.

The WPC also has information about grants to enforce crosswalk safety laws and lots more at the website. (It's also a very nice website - easy to read and navigate.)

I’m glad to see all this power to the pedestrian action. I’ve been puzzled by the new(ish) Share the Road program. Notice the parties who are being asked to Share the Road: 2+ wheeled motor vehicle drivers and pedalcyclists.

Where are the pedestrians represented on the billboards (there’s room there for a pedestrian!) and the license plates?

Now, I know pedestrians are not really being ignored (though their fatality rates are far greater than bicyclist fatality rates), but in all the heated (!) public conversations (on blogs, in public meetings, etc.), all I hear is drivers and pedalcyclists shouting at each other.

And both of them seem to want to run me down when I try to cross the street.

My previous post on pedestrians and the law is here.

Oregon Robot Theft (kidnapping?)

Poor little robot! First it’s stolen (kidnapped?) and then it’s drowned (murdered?)

“Update (January 11, 2009): Deputies Recover Stolen Robot
PIO: Sgt. Bob Ray

On January 11, 2009, Washington County Sheriff’s Deputies recovered a stolen robot from Commonwealth Lake in the Beaverton area. The robot was under water and the owner considers it to be severely damaged

At 4:44 p.m., Sheriff’s Deputies responded to Commonwealth Lake at the 13000 block of SW Foothill Drive concerning an object in the water. A citizen called the Sheriff’s Office to report what appeared to be a generator submerged underwater. When the deputy arrived, he identified the item as the robot reported stolen out of a vehicle on January 5, 2009 from the Aloha area. (The original press release is listed below). …” (full media release)

Oregon Legislature, 75th Session, Convenes Monday, Jan. 12, 2009

Oregon Legislature, 75th Session, Convenes Monday, Jan. 12, 2009:

1) Welcome new and returning legislators

2) Find Your Legislator and Send Email to Your Legislator.

3) Follow, and search, legislation being considered.

4) Watch and/or listen to hearings (they’ll be going digital soon)

5) Learn about the Legislature’s website and the legislative process.

U.S. Constitution, 17th Amendment: Election of Senators

In case you were wondering about the 17th Amendment (from here):

Amendment XVII

The Senate of the United States shall be composed of two Senators from each state, elected by the people thereof, for six years; and each Senator shall have one vote. The electors in each state shall have the qualifications requisite for electors of the most numerous branch of the state legislatures.

When vacancies happen in the representation of any state in the Senate, the executive authority of such state shall issue writs of election to fill such vacancies: Provided, that the legislature of any state may empower the executive thereof to make temporary appointments until the people fill the vacancies by election as the legislature may direct.

This amendment shall not be so construed as to affect the election or term of any Senator chosen before it becomes valid as part of the Constitution.

Supplemental reading on the U.S. Constitution from the Law Library of Congress.

Job opening: Law library assistant (part-time), Hillsboro, Oregon

Position: Part-time Law Library Assistant, Washington County Law Library, Hillsboro, Oregon
Deadline for applications: 1/30/09
Application URL:
Washington County Human Resources Department (or http://tinyurl.com/yr7qr7)

The Washington County Law Library is seeking candidates to fill a part-time paraprofessional position in the county law library. The person in this position will provide reference and circulation assistance to law library patrons, perform routine administrative tasks, update the law library’s online catalog and webpage, and participate in planning and implementing outreach projects.

Hours of employment: Monday to Friday, 12:15 – 5:15 p.m., with occasional additional hours. Salary range: $17.00 to $20.67/hour, plus benefits.

Special State Criminal Courts for Veterans

I read an interesting story in the National Law Journal (12/22/08, vol. 31, no. 17, p.1) about special state courts just for veterans. It’s free on their website (thank you NLJ!):

Courts for veterans spreading across U.S.: Wave of vets in courts trips alarm,” by Lynne Marek, December 22, 2008:

Excerpt: “State criminal courts devoted to U.S. war veterans are emerging across the country, from New York to Oklahoma to California, as increasing numbers of soldiers returning from the wars in Iraq and Afghanistan are showing up as defendants with a special set of problems.

State court judges are joining with local prosecutors, public defenders, U.S. Department of Veterans Affairs officials and local lawyer volunteers to create courts with veterans-only case proceedings, because they have seen a common thread of post-traumatic stress disorder (PTSD), substance abuse, head injuries and mental illness underlying the veterans' crimes.

They're hoping the special courts — stocked with veteran mentors, Veterans Affairs staff, volunteer attorneys and social workers — can help rehabilitate veterans and avoid convictions that might cost veterans their future military benefits ….” (link to full article)

You can find other stories on the web and in newspaper databases on the same subject. (Now if only this sort of 360 degree approach would be taken with all criminal case defendants, most of whom also have health, education, housing, financial, and family problems that contributed to their present situations.)

Deep Web Research 2009

LLRX dot com also has this info-packed article: Deep Web Research 2009, by Marcus P. Zillman, December 28, 2008.

RefDesk dot Com: A Good Place to Explore

If you haven’t explored RefDesk dot com recently, take a tour, from their site map or their FAQ, from their Ref Site of the Day, or however else you want to wander.

Avatar abuse: Bedsworth Ponders the Divorce-Criminal-Sentencing Law Nexus

Justice Bedsworth welcomes you to January 2009, with a legal puzzle of almost, hmm, biblical proportion.

Excerpt: “… Ms. Doe(4) closed the book on Chopin and Haydn one day and fired up the computer for a round of monster-battling, only to receive the disconcerting news that her virtual spouse had divorced her avatar. Divorced! Without warning!

No lipstick on the collar, no long unexplained business trips, no emotional withdrawal, no couples counseling, nothing! The sonofagun just said, “I divorce you,”(5) and moved on. Without explanation. Just left her there to fight the monsters alone.

She was, of course, distraught. Divorce is always difficult. And this one was greatly complicated by the whole monster thing.(6) Apparently unable to retain a virtual Gloria Allred, Ms. Doe released her own statement: “I was suddenly divorced, without a word of warning. That made me so angry.”(7)

But as commonplace as her public statement might have been, Ms. Doe’s revenge was a tour de force of imagination befitting someone with a background in monster eradication. Using login information she obtained when their characters were happily married – virtually – Ms. Doe logged in with her virtual husband’s password and caused his avatar to walk in front of a truck.

Yep. Flattened him. Dead before the virtual paramedics arrived….” (read full essay)

Setting Up Business as a Debt Collector in Oregon

We occasionally get questions from people who want to set up business as debt collectors. It’s a tough business and I recommend an apprenticeship first, but who am I to stop the dreamers who want to set up shop, in the food business, in retail, in debt collection, in private investigation, or any other small business endeavor.

Librarians like dreamers and some of our small business dreamers manage to make their dreams come true.

We also like dreamers who do their legal research. There are a lot of small business research resources all over the Internet, including the ones you’ll find at your public library and others like this Small Business Legal Clinic (and I blogged about it here).

At the Washington County Law Library, we have materials that creditor-debtor lawyers use for research. These are secondary sources (books about the law as opposed to primary sources, which are the law) to read if you want to set yourself up as a debt collector. There are other books on the subject, at your public library and your local or online bookstores:

1) Creditors' Rights and Remedies-OSB, 2002 with 2006 supplement revisions-Looseleaf

2) Foreclosing Security Interests-OSB, 1997 with 2005 supplement revisions-Looseleaf

3) Fundamentals of Collecting Money Judgments-OSB CLE-2003

4) The Investigator's Manual-OCDLA-2001-Looseleaf

5) Judgments and Collecting Judgments in Oregon Avoiding the Pitfalls, OLI, CLE-2007

And then there are the laws themselves, state and federal.