Oregon Attorney-Client Confidentiality: Privilege Can Survive Death

Oregon State Bar (OSB) Bulletin: June 2009: Duty of Confidentiality: Top 10 Myths, by Helen Hierschbiel, will be interesting for lawyer and client alike. It is another reminder to non-attorneys that you can’t learn the law from watching television shows or reading legal fiction, not that they aren’t fun and I highly recommend you keep enjoying both. But don’t confuse what you see portrayed on the big screen, or the Internet or in a novel, with the actual practice and word of law.

Excerpt: “If there is one duty that virtually all lawyers have ingrained in their psyches, it is the duty to protect their clients’ confidential information. Notwithstanding this basic instinct, myths about the duty abound. In a highly unscientific method called “asking around,” the OSB general counsel’s office compiled the following list of top 10 myths about the duty of confidentiality, and the truth behind these myths….
…
Myth #3: You may reveal your client’s confidences after the client has died.
Contrary to popular belief, the lawyer-client privilege survives the death of the client. The U.S. Supreme Court explained the purpose of this rule in Swidler & Berlin v. United States, 524 U.S. 399, 407 (1998), saying that posthumous application of the privilege encourages full and frank communication with counsel….” (read full article)

Link to Oregon Rules of Professional Responsibility and other sources of information on the regulation of attorneys in Oregon.

Cell Phone Law from the 2009 Oregon Legislature

The Oregon cell phone bill that became law: House Bill 2377 (or link to the enrolled bill from here): Relating to use of mobile communication device while driving; amending ORS 811.507

When signed, it will show up at the Governor’s webpage and, when given a Chapter number, as an Oregon Law. It will not appear in the ORS until the Oregon Laws are codified by Legislative Counsel, most likely early in 2010. Then, look for the 2009 ORS, online and in print. Until then, you need to read it in its session law form.

The DMV will likely have more information soon about the cell phone law.

Other 2009 Oregon legislative bills that passed were highlighted in a June 30th press release and include:

1) Affordable housing construction and renovation (HB 2436)
2) Preventing metal theft (SB 570)
3) Protected students from improper sexual conduct by teachers (HB 2062 and HB 2063)
4) Aid to homeowners facing foreclosure and putting new limits on mortgage companies (SB 328, HB 2188)
5) Fighting identity theft (HB 2371)
6) Ban the sale of toy lighters (HB 2365)
7) Make homes and businesses more energy efficient through the EEAST program (HB 2626)
8) Reducing greenhouse gas emissions (HB 2186)
9) Fighting invasive species (HB 2424)
10) Adding new fines to persistent polluters (SB 105)
11) Approved plan to publish budgets and other info to the internet (HB 2500)
12) Allows all veterans to pay in-state tuition (HB 2571)
13) Allows combat medics to receive Oregon emergency responders license (HB 3097)

Pardons (and Pardon Law) in Oregon and Beyond

Trial Ad Notes has a post about a blog on Pardon Power.

The practice of “pardon law” is fairly specialized. Take a look at Pardon Power’s sidebar. Bloggers and researchers know how much work it takes to build a website like this!

I have blogged before about getting a pardon in Oregon state court.

Traffic Photo Radar in Oregon

Public law librarians get a lot of questions about traffic tickets, especially photo radar. Here's a very brief primer on the subject, the gist of which is, Talk to a Lawyer. They are the real experts.

Most of the "speed measuring device" statutes, which include radar, are in Chapter 810 of the ORS , but you’ll also want to look at ORS 811.

To plead your case, you will likely need to dig deeper than the statutes and into the case law and regulations - and talk to a defense attorney. There are many issues that can arise in photo radar challenges that could affect the outcome of your case, e.g. probable cause, equipment calibration and operation, etc. You will find it helpful to consult a defense attorney has experience defending people with speeding tickets.

The Oregon State Bar Information and Referral Service has a toll free number to call to get names of attorneys in your area; call their referral service at 503-684-3763 or 1-800-452-7636.
Other sources of information on Oregon Traffic Law:

1) There is an excellent article in the Oregon State Bar (OSB) Bulletin from August/September 2008: Traffic Law: What Every Lawyer Needs to Know

2) DMV rules and ODOT rules on speed, traffic control devices, etc. are in the Oregon Administrative Rules (OAR).

3) Also, check out the Nolo Press topic on "Speeding tickets" and "Requesting Officer's Notes before Trial" and their book about traffic court, Beat Your Ticket.

4) OSB public information page on traffic court/tickets: Should I Fight My Traffic Ticket?

5) And, don’t forget to look at Oregon Legal Research blog posts on traffic laws.

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.

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.

PDF Search Engines - and Beyond

If you are a simple soul, and only infrequently need more from your search engine than a blunt keyword search (Oregon legal research, for example), iLibrarian links to this post: 100+ Alternative Search Engines You Should Know.

I especially liked the list of E-Book & PDF Search Engines. These are good complements to a Google’s filetype search. And, sometimes you just need more than one search engine. The Google search is a bit more useful in that the size of the publication can be seen more quickly, and you can choose to view the document in HMTL, as an alternative to the PDF. But these others search engines have their own strengths and you don't have to be a Super Searcher to make good use of them.

How to Tell Your Oregon State or Federal Legislators What You Think

This is a Quick and Easy Guide. More complicated ones exist, but it just doesn’t have to be that hard - and this way you have no excuse for not speaking out:

In a Nutshell (example of a 4-step script follows):

1) Who IS your legislator? One quick way to find out is to use this Find Your Legislator tool. It will give you your state and federal legislators’ names and contact information.

2) What do you say? Tell your Representative / Senator what matters to you. Read on …

3) How do you say it? Succinctly / to the point!
a) Identify yourself so your legislator knows you are a constituent: at the very least include your name and address or neighborhood/city.
b) If there is a specific bill you want to comment on, identify it by number if you can
c) If there is a specific issue, identify it as clearly as possible and make sure it is an issue on the legislator's plate (no point talking about a bill that is not being considered during the session - you can do that later during a legislative recess)

IF YOU ARE SHY or NERVOUS, call after business hours and leave a message on your legislator’s voice mail or send email. It is ok if you are shy! Shy people count and are counted. That is why legislators have staff who can take messages from recordings or the email in-box. But you still need to be specific and courteous.

SCRIPT: For example, Find Your Legislator and write yourself a script. Really. Professional lobbyists do!

1) My name is [xx]. I live and am registered to vote in xxx, Oregon.

2) I am following the news about [bill x or issue y] and want you to know that I oppose it (or favor it) (or think you should change it) (other).

3) It matters a lot to me because [recite 2-3 reasons, briefly].

4) Thank you.

You can always say more, but at least say something! Your vote counts. Corporations may have “free speech rights” but a corporation can’t vote. It can only buy votes.

You are a U.S. citizen - you can speak out AND you can vote.

Oregon 2009 House Bill 2343 (Change to Rape Law) and Think Out Loud

2009 HB 2343 (also from the Legislature’s webpage). (Note, an engrossed bill has not yet passed both Chambers; an enrolled bill has and awaits the Governor’s signature.)

Compiling a legislative history and determining legislative intent means going beyond what legislators say themselves, to looking at what people say to legislators. Legislative hearings are important to follow, but one also needs to read the reports that are submitted to legislative committees. These are not always online and a trip to the Oregon Legislative Archives to read the bill files, exhibits, and minutes can be a fascinating journey into the legislative process. Nowadays, one can find more of those reports online, from advocacy groups, nonprofits, lobbyists, and others who submit position papers to legislators.

I don't often catch the excellent Think Out Loud program, but did today, almost in full, wonder of wonders. It was a fascinating look into statutory interpretation and construction. The specific Think Out Loud program was: Change to Oregon Rape Law?

Guests on the show included:
Sara Gelser: Oregon state representative (D-Corvallis) and sponsor of HB 2343
Christine Herrman: Executive director of the Attorney General’s Sexual Assault Task Force
Janet Hoffman: Criminal defense attorney with the firm Hoffman Angeli

Not only was the program riveting and informative, but if the bill passes, a transcript of the Think Out Loud program might play an interesting role later on when the court has to interpret the statute in an actual case.

Previous OLR blog posts about legislative history and my Legal Research Guide: Compiling an Oregon Legislative History from the Washington County Law Library’s website.

Bar Exam Prep on an iPhone? You Betcha.

The King County Law Library blog, KCLL Klues, has this post about Legal Applications for iPhones, and it includes a bar exam prep application, in addition to others on copyright law and student law. More to come, too, I expect. Who needs to go to the office anymore? Wowsers.

Oregon Pro Se Litigants and Attorneys Fees

Can a self-represented (pro se) litigant claim “attorneys fees?”

For a discussion of the meaning of attorneys fees in the context of a pro se litigant’s public records lawsuit, I recommend you read the recently decided (June 17) Colby v. Gunson (A133979) (2009).

Excerpt: “Plaintiff argues that he is entitled to attorney fees and costs under ORS 192.490(3) because he is a "person seeking the right to inspect" public records, and he prevailed in the appeal. Defendant contends that the statutory reference to "attorney fees" includes only fees that are charged to a client under a contractual commitment between an attorney and client and not the value of the time invested in the case by a self-represented client. Our determination of the intended meaning of the term "attorney fees" in ORS 192.490(3) is governed by the method described in PGE v. Bureau of Labor and Industries, 317 Or 606, 610-12, 859 P2d 1143 (1993), as recently modified by State v. Gaines, 346 Or 160, 171-72, ___ P3d ___ (2009) (examination of the text and context of the statute, and legislative history of the enactment when that history appears useful to the court's analysis)....
…
ORS 192.409(3) does not require that the attorney fees be "incurred." The statutory construction issue in this case, then, is whether the bare term "attorney fees" implies that same contractual dynamic--a charge by an attorney that a separate entity is obligated to pay. We determine the legislative intent in the use of particular statutory wording by giving words their plain, natural, and ordinary meaning. Haynes v. Tri-County Metro., 337 Or 659, 663, 103 P3d 101 (2004). In common parlance, "attorney fee" connotes a charge for an attorney's professional services. Webster's Third New Int'l Dictionary 833 (unabridged ed 2002) defines "fee" to include "compensation often in the form of a fixed charge for professional service or for special and requested exercise of talent or of skill (as by an artist) (a doctor's ~) (a lawyer's retainer ~)." Similarly, Black's Law Dictionary 139 (8th ed 2004) defines "attorney fee" as "[t]he charge to a client for services performed for the client, such as an hourly fee, a flat fee, or a contingent fee." A "charge," in turn, arises in a transaction between two persons. Webster's defines "charge" to mean:..." (read full case!)

(My previous OLR blog posts about Gaines and about dictionaries.)

Effective Dates of Oregon Legislation

From the Oregon Legislature Clerk of the House website:

"In 1999, the Legislative Assembly adopted ORS 171.022, which reads, "Except as otherwise provided in the Act, an Act of the Legislative Assembly takes effect on January 1 of the year after passage of the Act."

Some bills contain a clause which specify a particular effective date. Still others may have emergency, sunset, or referendum clauses attached."

See also previous OLR Blog post on effective dates of legislation.

Self-Help Oregon Divorce (Dissolution of Marriage) Forms and Instructions

Legal Aid Services of Oregon, among others, has created Oregon Forms Help:

“This website is designed to help Oregon residents who wish to represent themselves in an uncontested divorce. Here you will find step-by-step instructions for filling out the Optional Statewide Family Law Forms prepared by the State of Oregon Judicial Branch. You will also be given step-by-step instructions for processing the forms and performing the other necessary tasks required by the court.

This website is presented by Legal Aid Services of Oregon, in collaboration with Oregon's legal aid programs.” Oregon Forms Help.

You can also find Family Law Facilitators in just about every Oregon County (click on the OJD Family Law Facilitation Programs link for a PDF list of Facilitators).

Oregon Legislature: June 2009 Updates

This story in the Statesman Journal is accompanied by a list of the bills “In the Pipeline,” “Still Brewing,” and “In Limbo or Dead”:

Measure 57 key to ending the 2009 session, Issue keeps budgets of public-safety agencies in limbo, by Peter Wong • Statesman Journal, June 21, 2009.

Landlord-Tenant Law and Legislation:

I was looking earlier today at new laws that could affect landlords and tenants. If you are tracking this current Legislative Session for changes to existing landlord-tenant law, here are some places I’ve found useful:

1) Oregonlive Bill Tracking (by bill number and keyword)
2) Cabell Enterprises (You may recognize the name from the Rental Forum columns in the Oregonian and elsewhere.)
3) Find out which bills the Governor has signed.
4) Read Oregon Laws at the Legislature’s website. The 2009 ORS will not be available until early 2010.

Some other useful Oregon Landlord-Tenant websites:
1) Landlord Study Hall
2) Beaverton Landlord-Tenant Mediation Program (other cities have programs too)
3) Gresham Landlord-Tenant and Rental Inspection Program (see also OLR Blog posts)
4) HUD-Oregon Landlord Tenant Laws

Special Education in Forest Grove, Oregon: U.S. Supreme Court

The U.S. Supreme Court case on special education in Forest Grove, Oregon, is:

Forest Grove School Dist. v. T.A., decided: 6/22/09, No. 08-305, which you can find at the Court’s opinion’s website, 2008 Term.

Religion as Defense in Child Death: Oregon Statute

Sleepy radio listeners have long muttered “WHAT hour?” at radio announcers who say, “it is 10 minutes past the hour.” (Would it be so hard to say, it is 10 minutes past 7 a.m. in San Francisco? Public radio listeners are smart enough to figure out what time it is then in Indianapolis. Radio announcers also play this game with the stock market. "The Dow Jones went up 13 points today." TO WHAT, pray tell?!)

And newspaper readers (especially lawyers and law librarians) have long muttered, “WHICH statute?” at newspaper reporters who write, “a 1999 statute ….” WHICH STATUTE?!

Recent stories in the newspapers keep saying, “a 1999 statute” changed the law in Oregon [about religion as a defense when parents withhold medical treatment from their child] without otherwise identifying WHICH statute. For the record: it is this statute:

1999 Chapter 954 (HB 2494): amended ORS 163.125 and ORS 163.555.

You will need to look at the 1997 ORS, or earlier, to see what the statute used to say. Superseded ORSs are not at the Legislature’s webpage (don't ask me why - call your state legislator). They are available in print at some public law libraries and with some subscription legal research databases. Earlier editions of the Oregon Laws are at the Legislature’s website, but you need the Chapter number to find the section you need.

For the purpose of this blog post, the previous statute, 1997 ORS 163.555(2)(b) read:

“In a prosecution for failing to provide necessary and proper medical attention, it is a defense that the medical attention was provided by treatment by prayer thought spiritual means alone by adherents of a bona fide religious denomination that relies exclusively on this form of treatment in lieu of medical attention….”

Trial in death of infant raises questions of parental rights, religious freedom,
by Steve Mayes, The Oregonian, Sunday June 21, 2009.

“…The Worthington case will be the first time anyone in Oregon has been prosecuted under a 1999 law passed in response to an extraordinary number of child deaths involving the Worthingtons' church, the Followers of Christ in Oregon City. The law eliminated religion as a defense in most cases of medical neglect….” (read full article)

Northwest Regional Legal Writing Conference in Portland - August 2009

From the Law Writing Prof Blog:

Northwest Regional Legal Writing Conference in Portland - August 28-29, 2009

“Lewis & Clark Law School and the University of Oregon School of Law are pleased to announce their joint sponsorship of the 2009 Northwest Regional Legal Writing Conference. Because of that sponsorship, the conference will have no registration fee.

The conference will begin on Friday, August 28, 2009, with an early evening reception. That reception will be at the University of Oregon's downtown Portland facility, the White Stag Building. All working sessions will take place the following day at the Lewis & Clark campus.

The conference theme will be Legal Writing in a Green World: Recycle, Reuse, Rethink.”

Elisor, Desuetude, Misprision: huh?

As is the case for any vocation or avocation, the law is filled with Words that make us go huh! in the night (but not with this huh and surely not to be confused with d’oh, unless you use the Word incorrectly while speaking to a judge in a crowded courtroom).

We’re not talking about those legal Latin words and phrases that can make even (especially) legal writing gurus, who usually favor plain speaking and writing, roll their eyes.

There are many law dictionaries in the wide world of the web and there is a new edition of Black’s Law Dictionary on the horizon (the 9th, to be precise, though I sincerely doubt it will have the impact of Beethoven’s 9th symphony).

Lately, I’ve found the online dictionary at Law dot com to be very useful:

Elisor
Desuetude
Misprision

But don’t forget, not unlike crossword puzzle judges, law judges too specify which dictionary rules: see my previous OLR blog post on Dictionaries.

Free Help (and Money) at the Beaverton (or Your) Public Library

If you remember that Abbie Hoffman’s Steal This Book was about how to get Free Stuff, and stuff for free (beg, borrow, and steal), this blog post from the Beaverton (Oregon) City Library is better, much better - and you’ll stay on the side of the angels. No stealing, please. Scrounging, yes, but stealing, no.

Right to Honest Services: 18 USC 1346

I just saw that the print edition of the National Law Journal has a cover story about 18 USC 1346:

DOJ may rein in use of 'honest services' statute: Fraud statute up for review was key to many convictions, by Lynne Marek, June 15, 2009

I can write 18 USC 1346 without even looking at the article. In fact, you could nudge me awake in the 17th hour of an 18-hour flight and whisper “right to honest services” in my ear and I’d mumble 18 USC 1346 without hesitation - and then go right back to sleep. (I know. Very sad.)

I “met” 18 USC 1346 back when I was a very, very new law librarian and worked with law professors and attorneys who were present at the birth of this statute and its annotations numbered fewer than half a dozen. Heady days! (These were the heady days of DOS and CoSy and Telnet too, to give you some, ah, perspective.)

Along with the Privacy Act of 1974, 18 USC 1346 was a statute I used more than any other when teaching federal statutory research. Back then in the 1980’s and 90’s I would tell students, keep an eye on these statutes (not that there weren’t others equally portentous).

My legal research adventures are much less heady now, but I still wonder, especially when reading news of Congress and the Courts: whatever happened to rights to honest services, thefts of intangibles, and other legal puzzles? Apparently, quite a bit, so maybe I need to catch up.

The entire text of 18 USC 1346 reads: Definition of “scheme or artifice to defraud” For the purposes of this chapter, the term “scheme or artifice to defraud” includes a scheme or artifice to deprive another of the intangible right of honest services."

A lot of room for interpretation in them thar words.

SALC Race for Justice in Portland: Battle of the Law Firms!

This is Race for Justice weekend (Saturday, June 20, 2009), to raise money for the St. Andrew Legal Clinic (SALC), which serves low-income Oregonians in family law matters.

The Race for Justice really is a challenge! It’s a battle of Oregon law firms:

1) Bronze Sneaker Traveling Trophy!
2) Prevailing Parties!
3) The Markowitz Challenge: Bragging rights are on the line!
4) The Coulter Cup Family Law Challenge!
And more!

“Making a Difference: SALC helps bridge the gap for families who do not qualify for Legal Aid and can not afford to hire a private attorney. As a result of the legal representation that SALC provides, families have increased financial security, stay off of welfare and are overall more productive members of our society. And more children also grow up in positive and safe environments as a result of SALC's intervention.

Need: The Oregon State Bar conducted a study which concluded that there is an estimated 250,000 people in Oregon who are considered the “working poor” and in desperate need of legal services. The report also stated that “more services are needed in the area of family law, particularly in child custody and domestic violence cases.” St. Andrew Legal Clinic is described as filling an important gap in services for family law cases….”

Oregon Justice Courts (and Justices of the Peace)

Cutting public sector budgets is a complex enterprise. Sometime cutting $$ out of a budget means cutting 2, 3, or 20 times the original $$ cut, e.g. when you cut a budget item and lose the matching funds or when you cut “officers of the state” positions (e.g. state police or state park rangers) and lose the revenue from licenses or law enforcement.

Sometimes it makes sense to spend money to make money, which can work in the public sector the same way this works in the private sector. For example:

Oregon has a variety of county, municipal, and justice courts. And now it has a new county justice court. Read the online Blue Book entry on justice court judges (or follow the OJD link). You can also read the state statutes on Justice Court: ORS, Chapter 51.010 et seq.

Clackamas County’s new Justice Court has a new Justice of the Peace: Oregon City attorney named Clackamas County judge, by Steve Mayes, The Oregonian, Monday June 15, 2009.

Excerpts:
“Karen Brisbin, an Oregon City criminal defense attorney, is scheduled to be sworn in today as Clackamas County Justice of the Peace.

Brisbin, 58, will oversee the county's newly formed Justice Court. She currently serves as the Sandy municipal judge and has been an attorney since 1981.

The part-time judicial position pays about $44,000 a year, and the appointee will serve through 2010. In November 2010, voters will select someone to serve a full six-year term....
...
The county estimates that within three years, the court would raise about $1.9 million a year, which would pay for traffic safety programs.” (read full article)

Oregon Council on Civil Rights

The first meeting of the Oregon Council on Civil Rights is in July 2009:

The mission of the OCCR is:

· To study and monitor the causes, effects and solutions of unlawful discrimination in Oregon;
· To consider legislative and agency proposals and actions;
· To foster communication, goodwill, cooperation and conciliation among groups interested in civil rights across the state, and between these groups and the state; and
· To advise the commissioner, and other interested state agencies or officials, on policies and procedures related to the education and enforcement of civil rights.

The 25 members of the OCCR work to advise the Commissioner and the state generally on all matters related to education about and enforcement of civil rights in Oregon, including: the administration of protected class provisions; making recommendations on new and existing civil rights protections and rulemaking to administer civil rights law most effectively; and fostering better enforcement, outreach and education efforts to aggressively fight unlawful discrimination in Oregon.

And for those who are curious about such matters, among other interesting members of the Council, is Carl Wolfson. From the bio link at the OCCR website:

“Carl Wolfson is the host of Carl and Friends, which airs weekdays from 6 to 9 a.m. on AM 620 KPOJ, Portland, Oregon’s progressive talk station.

Each day, Carl draws on his longtime comedy career, three decades of community activism and a master’s degree in political science to provide illuminating interviews with the likes of Helen Thomas, Ralph Nader, Maya Angelou, Madeleine Albright, Alan Greenspan, Paul Krugman, Ken Burns, John Dean, Jim Hightower and Tim Robbins.”

Oregon Marriage Licenses and other Vital Records (with a side of baby names)

If you get your marriage license in one Oregon county and get married in another, where can you get a certified copy of your marriage license 30 years later?

This is a slightly different question from the one I answered a little while ago: How do I find out if someone in Oregon or Washington is married? But the research is similar - and the following information also applies to Domestic Partnership records.

1) Check the Oregon county where you got your marriage license (the issuing county), not the one where the ceremony was held. Or, preferably (assuming a certain passage of time), contact the Oregon Center for Health Statistics, where you will find the Oregon's vital records office, the resting place for Oregon birth, marriage, divorce, and death records.

(You can also find a database of Oregon Baby Names at the OCHS website - who knew?)

2) After a county issues a marriage license, there is a waiting period and then the couple can get married in any county in Oregon within a certain time period (that’s why the place and date are on the license). The marriage certificate that the officiant fills out isn’t official proof of marriage. (See instructions for officiants.)

3) After recording, counties send the original marriage license to the Vital Records Office in Portland. The county of issue is where the license is recorded and no additional cross referencing is currently done.

4) In the past, there was a period of time when there was an affidavit of sorts recorded in the county of marriage when the license was recorded in the county of purchase. When counties run across these "affidavits", they might be able to certify a copy for someone, but generally in those cases, the parties are urged to get a certified copy from the state vital records or the county of purchase, instead. These affidavits are helpful when people are doing genealogical research, but would probably not be accepted as the best proof of marriage for someone wishing a certified copy for that purpose.

5) 2007 ORS 106.100 says "The county clerk who issues the marriage license shall maintain records relating to marriages licensed in the county." 2007 ORS 106.170 says "A person solemnizing a marriage shall, within 10 days after the marriage ceremony, complete the original application, license and record of marriage form and deliver the form to the county clerk who issued the marriage license."

6) Sample marriage license (aka certificate) webpages:
Washington County Marriage License Application
Multnomah County Marriage License Application
Oregon Center for Health Statistics, Vital Records

Medea in Oregon: Maternal Filicide

If recent heartbreaking events in Portland, Oregon haven’t sent those of literary or legal mind to the library or online to refresh your memory of the story of Medea (and other filicide tragedies), then you haven’t been paying attention:

1) Libraries will have multiple versions of the original tale.
2) Online ones include these (a tiny sample):
Greek myth (wikipedia)
Euripides Medea (wikipedia)
MIT Classics
Lord Byron translation
Google Books (medea)

Other articles about maternal filicide: here (search NCJRS: filicide) and here - all the more heartbreaking if you know about Broken Hearts Still Beating.

Be an Oregon Queen (or King) of SHIBA: Senior Health Insurance

In Oregon, SHIBA, for Senior Health Insurance Benefits Assistance, assists Medicare beneficiaries and those going into Medicare through all the hoops of Medicare and the options that can lower out of pocket expenses for health care. Staffed by highly trained volunteers supported by the Centers for Medicare and Medicaid Services (CMS) as well as State Department of Human Services, they are available for one on one consultation, group presentations and classes to help people make informed decisions.

To find a SHIBA volunteer in your area, call the Oregon State SHIBA Office: 1-800-772-4134.

Update to “Leaving Children Home Alone in Oregon”

See recent update (2/10/11), but also click on the Home Alone label in the sidebar or the bottom of this post.
In addition to my new Kids Home Alone in Oregon legal research guide and my rather lengthy previous post, from January 13, 2009, I add these:

1) A corrected link to the “What is the legal age for leaving a child home alone?” information at the Clackamas County Juvenile Department FAQ. This deep link changes periodically so don’t despair. Just hunt around a bit or leave a Comment here and I’ll look for the new link.

2) Oregonians, including law enforcement and DHS, are concerned with what is safe for the child, regardless of age, so make sure you check with your local social service and law enforcement offices.

3) Some local jurisdictions have their own laws about leaving kids on their own, anywhere, e.g. Portland's City Code, which reads (as of this date):

"14A.80.040 Unattended Minors in Vehicles.
It is unlawful for any person having the care and custody of a minor under 6 years of age to leave the minor unattended in a locked vehicle, or to leave the minor unattended in an unlocked vehicle for more than 15 minutes. A minor is unattended within the meaning of this Section if the oldest person with the minor is under the age of 10 years."

4) The age of the child is not always specified in laws on when children in your care can be left on their own. And, sometimes more than one law pertains to your situation, which is why you may need professional advice. For example:

Abandonment of a child: It is considered "abandonment of a child" if a parent or guardian of a child under 15 years of age deserts their child in any place with intent to abandon him or her (ORS Chapter 163).

Child Neglect :The law says a person who has custody or control of a child under 10 years of age commits the crime of child neglect in the second degree if, with criminal negligence, the person leaves the child unattended in or at any place for such a period of time as may be likely to endanger the health or welfare of such child. Child neglect in the second degree is a Class A misdemeanor (ORS Chapter 163).

There are also laws about failing to supervise a child: A person commits the offense of failing to supervise a child if the person who is the parent, lawful guardian or other person lawfully charged with the care or custody of a child under 15 years of age and the child:
a) Commits an act that brings the child within the jurisdiction of the juvenile court as a delinquent.
b) Violates a curfew law of the county or any other political subdivision, or
c) Fails to attend school as required by law (ORS Chapter 163)

5) You will need to do the research and consult an attorney if your situation isn’t clear, or might not be clear to law enforcement or DHS.
6) I’ve also updated our Legal Research Guides on Children and Babysitting. You can find these guides and other legal research guides and links at the Washington County (Oregon) Law Library website.

Oregon Legislative Bill Tracking via Oregonlive

Liz alerts me to the Oregonlive Track a Bill service. For the average Jo(e), it sure is easier to use (though not more comprehensive) than the Legislature’s (official) bill tracking webpages, though the Oregonlive service will be around only as long as Oregonlive is around, which is why librarians want governments to preserve and protect government information on government websites. This too is an imperfect system, but for different reasons - elections!

In any event, take a look at the website, OregonLive Your Government and the Track a Bill slice. Interesting and educational.

You can read more about tracking Oregon legislation from this OLR post.

Bad Drivers: Tailgaters, Rear-enders, and Self-Defense Strategies

The Oregonian’s Test Drive blog on Commuting had this article, “How to escape the scourge of the tailgater,” posted by Joseph Rose, The Oregonian June 08, 2009.

The actual statistics also match with my impressions from a while ago, when I looked at jury verdicts and rear-enders.

Those of us in front of tailgaters will recognize everyone, and all self-defense actions, described in the blog post. There is an interesting suggestion on how to cope safely with tailgaters, ones who are bad drivers and those with anger management problems:

Excerpt: ‘…Between 2003 and 2007, the last year in which data from the Oregon Department of Transportation are available, 40 percent of the 12,667 combined collisions reported in Portland, Gresham, Beaverton and Hillsboro were blamed on rear-end crashes.

Statewide, ODOT says 34 percent, or 15,117, of crashes fell under the same category during the same period.
…

...Jim Olding of Southeast Portland relies on something that admittedly might seem counterintuitive.

"Increase your own following distance," Olding said. In other words, gently slow down.

That strategy gets high marks from Kathy Heaton, an instructor with America's Driving School in Portland. In fact, it's what she teaches her students.

By doing so, you both increase the space ahead of you and take into consideration the reduced reaction of your tailgater. The increased cushion also will allow you to brake more gently and reduce the chance of the tailgater rear-ending your vehicle, Heaton said.

But increase your following distance slowly. "Don't slam on your brakes," Heaton said.

Not even a quick "Back off!" tap?

"Don't irritate them," she said. "Then you really risk a collision."’ (read full post)

iPhone Scam Alert: A Little More "Caveating" Amongst the Emptors, Please

If you haven’t heard about this iPhone Scam Alert, in the newspaper, online, from the Oregon AG’s office, and beyond, then you need to think about ratcheting up your news tracking. This scam is not the worst out there, but if you’re not hearing daily about some food or product recall or scam, then you can’t complaint about the world going to hell in a handbasket. It takes two to be scammed, and to tango. So put on your crap-detectors, slow down, and think before you play or pay.

In other words, let’s have a little more caveating out there. See FBI, Snopes, beware urban legends, and check out Recalls dot gov. But you're on the front line so Caveat Emptor.

I’ve been waiting for the perfect opportunity to use the very funny line of Tom McCarthy’s from his review of the Clancy Martin book, “How to Sell.” McCarthy’s line in his article, Art of the Deal (from the 5/17/09 NYT Book Review): “To bastardize the Latin, emptors need to sober up and exercise a little caveating over that one….” Yes, McCarthy said it in a completely different context! But the sentiment works amongst us legal types, doesn’t it?

Oregon Attorney General Opinions and Letters of Advice

Non-attorney Oregon legal researchers frequently overlook Oregon attorney-general opinions. Not every legal problem will require a search of attorney general opinions, but you don’t want to miss this research resource when it is relevant. (Other states also have AG opinions, and so does the U.S.)

There are a number of ways to find relevant AG opinions, using the Annotation volume of the ORS, an online legal research database that has the AG opinions, a citator, or by looking at the Oregon Attorney General (AG) Opinions website, which has opinions from 1997 to the present:

“The opinions fall into two broad categories, formal and informal opinions. Formal opinions are signed by the Attorney General as chief legal officer of the State and typically respond to questions concerning constitutional issues and other matters of statewide concern. Informal opinions are issued on matters less likely to impact those other than the requestor and are signed by the Chief Counsel of the Department of Justice General Counsel Division. The informal opinions can be distinguished from the formal opinions through their designation. Informal opinions appear in the subject index as, for example, 1997-1. Formal opinions appear as, for example, 8246.” (link to AG website)

Not every library has the full set of print Oregon AG Opinions. My library’s print set, for example, begins with Volume 10 (October 1920 to September 1922). Our print set of the Letters of Advice in print starts in 1983 and ends 1992. Some libraries will have the full set.

If you need Oregon AG opinions from before 1997, you'll need to look at the print versions or subscribe to a legal research database that has a full digital set. I'll keep an eye out for free online versions of the older opinions.

See also the Oregon Attorney General entry at Ballotpedia.

More Free and Low-Cost Legal Research Tools

An excellent, and fast, tutorial on free and low cost legal research tools is available from the Duke University law librarians: The Unexploded Cow’s Guide to Legal Research.

My previous posts on free and low-cost legal research are here and here (with additional imbedded links).

Prison Legal News

Even in the world of zines and social networking, there is still a kind of Periodical Underworld, which isn’t as under the world as it used to be, but it’s still not quite mainstream.

Here is an AP story that I found through Google News, about the Prison Legal News (PLN):

Ex-con's magazine focuses on advocacy, prison life, by JOHN CURRAN, May 24, 2009. Other releases of the story are here and here.

Excerpt: 'To prison inmates, he's a jailhouse lawyer made good.

To wardens, he's a thorn in the side.

To prison advocates, Paul Wright is a success story: Once a killer, then a prisoner, now a journalist with a cause. He has carved out a niche with his Prison Legal News, a self-help magazine.

The publication, known as PLN, does more than highlight mail censorship, sexual abuse by prison guards and prison overcrowding in its black-and-white pages. The nonprofit tabloid often takes on the role of prisoner advocate, going to court against states and private prison operators — and winning money, reform and public attention for prisoners.

"It's a voice from the inside, but it's a helluva lot more reasoned and balanced than you might think, even though the point of view is obvious," said Fred Cohen, coeditor of Correctional Law Reporter, a trade publication that serves prison officials. "It's advocacy, in the best sense."
….
“PLN is not fighting for cable TV or air conditioning for prisoners," said Rhonda Brownstein, legal director for the Southern Poverty Law Center, in Montgomery, Ala. "What they're fighting for is basic human rights, and the basic human rights we're talking about are the right to be free from violence by other prisoners or guards, the right to adequate medical care, adequate mental health care and the right — to an extent — to freedom of expression."

But it's the magazine that reaches deepest into prison cells and law libraries.’ (full article)

To Google Square is Human, to Bing Divine?

beSpacific reminded me to try out Google Squared, which is very interesting. I foresee it being useful for kids and parents doing homework and maybe even for medical and health related questions - maybe. I’m not so sure about legal research. I entered Oregon Legal Research, but all I got was: "Google Squared couldn't automatically build a Square about oregon legal research." Very funny, but not helpful. I'm about as Square as can be!

And then there is Bing. Only time will tell, but so far so good, especially on the Oregon Legal Research front.

Oregon Authors and Writers

It has been said that lawyers are frustrated writers. Well, so are most writers! Visit Oregon Authors, a new website that also has links to Oregon writer and reader groups.

As for law library blogs (and bloggers are writers if nothing else), there are 185 of us already, blogging professionally as law librarians (mostly).

Patent and Trademark Depository in Oregon

I bet you didn’t know there was a Patent and Trademark Depository in Oregon. Well, there is!

It’s hosted (and we thank them!) by the Lewis & Clark Boley Law Library, in SW Portland.

Another recent blog post about patent law, from beSpecific: Anatomy of a Patent Case.

New 2009 Oregon Laws

It’s hard to keep up with all the new laws coming out of Salem. Here’s a news story from KOHD News describing how Governor Kulongoski signed 24 bills into law on June 2, 2009 - just try reading those in one day!

You can find other bills signed into law at the Governor’s website.

Find other Oregon Legal Research blog posts about Legislation by clicking on keywords in the side-bar's LABELS list.

When Public Records Laws Trump HIPAA (Nebraska)

I saw this story at a May 17, 2009, PI Buzz blog post (3rd paragraph) and thought I’d blog about it here given the strong (ish) public records laws in Oregon. The link is to a Reporters Committee for Freedom of the Press post.

Excerpt: “The names of individuals buried in a state cemetery are death records, the Nebraska Supreme Court said today, ruling that they must be released in accordance with the state's open records law… . The court held that "HIPAA does not bar release of the information" and, in fact, "provides for release of information when required by state law." As the records here were death records under Nebraska law, the court said, they must be released.” (link to full post)

(HIPAA = Health Insurance Portability and Accountability Act)