Grandparents Raising Grandchildren Event (Washington County, Oregon)

Washington County has brought back this needed and very popular event:

Grandparents Raising Grandchildren Event

“…The activities will be held on Thursday, May 14, 2010, from 9:00 a.m. to 2:00 p.m. at Beaverton Foursquare Church, 13565 SW Walker Road in Beaverton. "We wanted to provide a relaxed event while providing top-rate speakers and a resource fair. And the event, including lunch, is free," says Letourneau.

Speakers include:

1) Mark Kramer, a family law attorney, who will address legal trends for grandparent/third party rights

2) Julie McCloud, Crime Prevention Officer, Washington Co. Sheriff's Office, Your Grandchild and Cyberspace

3) Jacci Jones, Youth Contact, and Katrina Miller, Morrison Child & Family Services, Communication in Parenting the Second Time Around

4) Leslie Congleton, Legacy Caregiver Services & Wellspring Yoga, Self Care: Reflect, Reconnect & Relax!...” (Link to full media release.)

HALT, CLEAR, and Job Security

"HALT (Help Abolish Legal Tyranny) - an Organization of Americans for Legal Reform, Inc. was founded in 1978 ...." (link to HALT)

Here is another reason why there will always be work for people who work on the web, in whatever capacity.

1) In December 2009, HALT became CLEAR, or so we were told. We then proceeded to change links on our research guides, etc.

2) But wait! CLEAR is no more and HALT is going back to HALT. (Here’s one explanation, though I’m sure there are others.)

Personally, I prefer HALT, so apart from having to blog about this again (and placing an update on the old posting) and change a lot of research guides, it’s overall a good decision.

Oregon Pottery Extravaganza!

In a periodic break from legal research, I remind you of the upcoming:

Oregon Ceramics Showcase: April 30, May 1 and 2, at the Oregon Convention Center

If you've never been to the Ceramics Showcase (aka "pottery show"), GO!

It’s an extraordinary all-volunteer effort. The potters have kept this amazing event free for many years, by their own sweat and toil.

Take your kids, a date, or just make a day of it with family and friends.

Today (4/27) Last Day to Register for May 18, 2010, Oregon Election

Ballots will soon be mailed. If you don’t get yours, or want to check your registration, contact your county election office.

Yes, you can check online to make sure you are registered to vote. Link to the Elections Division.

Oregon Traffic Law: Flashing Yellow Arrow Signals

Washington County has put up a terrific 3-minute video on how to navigate a flashing yellow arrow traffic signal.

Visit the Washington County Oregon YouTube website to view it.

Previous post on flashing yellow arrows.

Truth, Lies, Polygraphs, Constitutional Rights, Bernie Madoff (and the Oregon Court of Appeals)

Whew. The same week I’ve been thoroughly absorbed by the, what I can truly call thrilling, Harry Markopolos book, “No One Would Listen,” about Markopolos’ 8-year battle to get the SEC and others to listen to his warnings about Bernie Madoff, I bring you these two stories:

1) The April 22, 2010, OPB broadcast of The April 18th edition of Philosophy Talk on Lies Faces, Feelings, and Lies (blog post on the program). The April 18, 2010, program had guest Paul Ekman, author of "Telling Lies: Clues to Deceit in the Marketplace, Politics, and Marriage."

Professor Ekman teaches (free, online) a one-hour program on reading micro-expressions - and more!

2) And, on April 21, there was this Oregon Court of Appeals case: In the Matter of R. C., a Child. Department of Human Services, Petitioner-Respondent, v. K. L.R., Appellant. Brewer, C. J.

Excerpt from April 21, 2010, Media Release (or link to full case): "Mother appeals from a dispositional order in this juvenile case that requires that she complete a polygraph test. Parents stipulated to dependency jurisdiction over their child, a three-month-old who suffered multiple unexplained injuries. As part of the dispositional order, the trial court included a provision that each parent complete a polygraph test. The court explained that, if the parents were asked by the polygraph examiner how the injuries occurred "and they remain silent, then I guess the inference is whatever it is that the court can draw or the polygraph examiner can draw." Mother objected to the provision on the ground that it violated her right not to incriminate herself pursuant to the Fifth Amendment to the United States Constitution. Held: Requiring an admission of abuse as a condition of family reunification violates a parent's Fifth Amendment rights;...." (Link to 4/21/10 Media Release or full case.)

(OPB Radio airs Philosophy Talk on Thursdays, from 8-9 p.m.)

Oregon Legislature and Redistricting

If it’s Census time, is redistricting far behind?

The Oregon Legislature has created a Redistricting website that has lots of useful info.

Make Your Facebook Account Private

1) iLibrarian has a post on how to make your Facebook account private. They link to the Wired How-To website, which has many other useful tips.

2) All Facebook dot com has additional information on Facebook privacy.

Oregon Court Captions: New Law

For those who missed this:

The Oregon Law Practice Management website post about the new rules on captions:

Comply with Court Captions or Risk Rejection:

Excerpt: “Oregon courts are increasingly frustrated by the failure of practitioners to comply with the captioning requirements imposed by HB 2287.

Effective October 1, 2009, ORS 21.110(7) requires that civil pleading or first appearance motion captions include a statement of the amount claimed in the prayer for the action. This requirement applies to cases with a claim of $50,000 or more….” (Link to full post.)

Oregon Traffic Law: Research Your Way Out of a Speed Trap

Another story (see the 4/16/10 one about the erroneous safety corridor designation) about a driver who does the research - and finds out that posted speed limit has been wrong since 1980.

Oregonian story: "Driver fights her way out of Milwaukie speed trap”, April 18, 2010:

Excerpt: “…Miles said she couldn't believe she was going much faster than 35 mph, and she was right. The citation said she was doing 37. But what really caught her eye was the posted speed listed on the ticket -- 25 mph. Miles had never noticed that the stretch of King Road between 44th and 53rd avenues was posted as 25 mph.

At her first court date, she became suspicious when others were there for speeding tickets in the same area. She went home, did some research and discovered the city had posted the wrong speed limit signs in that section since 1980.

The city eventually found Miles guilty of speeding but issued no fine. Miles, however, wasn't satisfied and appealed the ruling to Clackamas County Circuit Court….." (Link to full story or Google: Oregonian milwaukie speed trap)

Oregon Election, May 18, 2010

I don’t mean to depress you, but it’s almost Election Time again. Oh boy. May elections are primaries, with the usual array of ballot measures, so check in with your county’s election office (e.g. Washington County May 18, 2010 Voter Pamphlet).

You can also see info on statewide candidates and measures: visit the Oregon Elections Division.

Measure 68 and Measure 69 will be on the ballot.

The November 2010 election may prove to be more exciting than the May election, though “exciting” is not a threshold for voting. The right to vote is one that is fought for with blood, even if one drifts off while reading the ballot.

Primaries are important too, so vote. If you vote then you can complain. If you don’t vote, no one wants to hear you complain.

Oregon Supreme Court Defines the Word “Tampers”

Legislators and judges, among others (e.g. Humpty Dumpty in “Through the Looking Glass”), have the right to define words, assuming there is a need for them to do so.

Court clarifies the definition of "tampers" as it is used in ORS 164.345(1):

State of Oregon v. Terry Dean Schoen, (TC 04494) (CA A129669) (SC S057652)

From the OJD 4/15/10 Media Release:

“On review from the Court of Appeals in an appeal from Baker County Circuit Court, Warner Wasley, Senior Judge. 229 Or App 427, 211 P3d 948 (2009). The decision of the Court of Appeals is reversed. The judgment of the circuit court is reversed, and the case is remanded to the circuit court for further proceedings. Opinion of the Court by Justice Thomas A. Balmer.

Today, the Oregon Supreme Court held that the word "tampers," as used in the third-degree criminal mischief statute, requires conduct that alters, rearranges, or changes property….” (Link to Media Release.)

Link to full case.

Oregon April 2010 Medical Marijuana in the Workplace Case

The Media Release says “Cases decided April 15, 2010.” The case itself says "Filed April 14, 2010." Both are referring to this case:

Emerald Steel Fabricators, Inc., v. Bureau of Labor and Industries, (BOLI 3004) (CA A130422) (SC S056265)

From the April 15, 2010, Media Release:

Excerpt: "On review from the decision of the Court of Appeals on judicial review of the revised order on reconsideration of the Bureau of Labor and Industries. The decision of the Court of Appeals and the revised order on reconsideration of the Commissioner of the Bureau of Labor and Industries are reversed. Opinion of the Court by Justice Rives Kistler. Justice Martha Walters filed a dissenting opinion, in which Justice Robert D. Durham joined.

The Oregon Supreme Court held that Oregon's employment discrimination laws do not require an employer to accommodate an employee's use of medical marijuana if the employee is currently engaged in the use of that drug and the employer takes an adverse employment action against the employee because of that use...." (Link to Media Release.)

(Link to full text of case.)

Oregon Traffic Law: Safety Corridor Designations and Traffic Ticket Legal Research

What if you get a traffic ticket and it’s based on the police officer’s wrong assumption about the law?

It never hurts to do a little legal research, and in this case, the homework was to make sure everyone got their facts straight: the statute AND the validity of the alleged “safety corridor designation.”

The Oregonian story: "Inflated traffic fines in unofficial safety corridor in Portland may yield refunds," by Joseph Rose, The Oregonian, April 13, 2010

Excerpt: “Jaemes (sic) Gruelle admits he was guilty of having a heavy foot on that rainy January night, doing 62 in a 45-mph zone on Northeast Portland's Marine Drive.

Still, Gruelle, a regular commuter on the tricky road hugging the Columbia River, had a major gripe about the ticket that the traffic cop handed him. It said he was caught in a "safety corridor," which added $90 to the $160 fine.

He questioned the officer. "He told me that he had been writing this same ticket for 10 years," Gruelle said.

Indeed, for the past decade, Portland police say officers have automatically jacked up fines against an untold number of drivers caught speeding on Marine Drive, assuming that it was a state-designated safety corridor.

One problem: It's not.

And now the mayor is calling for refunds." (Link to full story.)

Re-Search Tips:

1) If the link above doesn't work, you can find the Oregonian story faster from Google than from the Oregon Live website search engine: Just type some variation on this search into your search engine of choice: Oregonian marine drive traffic safety corridor gruelle

2) You can find related stories with a Google search, using these search terms (and others, as you wish): marine drive traffic safety corridor

FDR’s Supreme Court: Terry Gross Interview with Jeff Shesol

We just heard that Terry Gross’s April 13th, 2010, interview with Jeff Shesol, author of “Supreme Power: Franklin Roosevelt vs. the Supreme Court” was highly entertaining and educational (a team that is hard to beat).

Those of us in the OPB “listening area” can hear it tonight at 7 p.m.

Or, link to the transcript and podcast of Fresh Air, “FDR's Losing Battle To Pack The Supreme Court”.

Safe Disposal of Prescription Medications

There are safe ways to dispose of prescription (and probably some non-prescription ones) medications:

Do Not Flush, Do Not Pour!

1) From the FDA: How to Dispose of Unused Medicines

2) From SMARxTDisposal

3) From White House Drug Policy dot com

Electing Judges: Caperton v. Massey Coal Company

Massey Energy Company was in the news back in 2009, if you recall, in this U.S. Supreme Court case, which you can be sure that everyone who votes for, against, or rails about having to vote for or against, state judges will be interested in reading:

Caperton v. Massey Coal Co., U.S. Supreme Court, No. 08–22, June 8, 2009

See also:

1) Brennan Center for Justice

2) Wikipedia entry

3) An Oregon view: Judicial campaigns: Your honor, are you biased?, by Rick Attig, The Oregonian, Sunday June 14, 2009.

For more information about Oregon judicial elections, visit the Oregon Judicial Department and the Oregon Blue Book. You can also use a search engine and some of all of these keywords: judges, judicial, judiciary, election, selection, voting, campaign - and don’t forget to include the word Oregon.

Free Legal Information: “Oregon Consumer Rights in Tough Times” Program (Open to Public)

On Saturday, May 8th, the Oregon State Bar (OSB) Civil Rights Section and the Consumer Law Section and will be presenting:

"Consumer Rights in Tough Times: Foreclosures, Garnishment, Debt Collection, Credit, & Consumer Protection."

Learn about your legal rights as a consumer during tough economic times. Topics will include:

1) Home loan modification options and what to do if you're facing foreclosure
2) Rights of tenants in rental properties facing foreclosure
3) How to protect your public assistance check (for example, unemployment or SSI) from garnishment
4) Debt collection practices: what's legal and what's not?
5) Consumer scams: what to watch for
6) Credit reporting issues

DATE: Saturday, May 8th
TIME: 1:00 - 4:30pm
PLACE: Saints Peter & Paul Episcopal Church (8147 Southeast Pine Street; Portland, Oregon 97215 (at at SE 82nd & Ash, between Burnside & Stark))
Tri-Met Line 72

Oregon Governor: 2010 State of the State Address

If you weren’t invited to the Oregon Governor’s State of the State address (and most of us weren’t, so don’t feel bad) and would like to know what was said in the speech, it is posted in full at the Governor’s website.

If that direct link doesn’t work, go to the Governor’s homepage and look for speeches.

Oregon 2010 SB 1046 (Psychologists prescribing drugs)

2010 SB 1046 (HTML or PDF) has been vetoed by the Governor. You can read the veto message at the Governor’s website.

“Relating to prescriptive authority for licensed psychologists; creating new provisions; amending ORS 675.085 and 677.265; and declaring an emergency.

Whereas the Legislative Assembly finds that it is in the public's best interest to provide greater access to the full range of mental health treatments; and

Whereas doctoral clinical psychologists desire to expand their scope of practice to provide a greater range of mental health treatment options; and

Whereas the Legislative Assembly finds that doctoral clinical psychologists with appropriate training should be permitted to prescribe drugs to patients; now, therefore, … " (read full law: 2010 SB 1046 (HTML or PDF)

50th Anniversary of “To Kill a Mockingbird”

This year marks the 50th anniversary of the publication of Harper Lee’s “To Kill a Mockingbird.”

What can one say? A remarkable book, indeed.

1) Wikipedia, To Kill a Mockingbird

2) SparkNotes Summary of To Kill a Mockingbird

3) IMDB To Kill a Mockingbird

Spousal Support and “The Feminine Mistake”: A Gift that Keeps on Giving

County law librarians work with a lot of family law attorneys and pro se litigants contending with family law issues (marriage, divorce, custody, support). Not a small percentage of them have questions about spousal support (and subsequent modification). If your practice (or your life) hasn’t been such that you keep up with the law on this subject on a regular basis, you’ll need to do some research in the primary sources (starting with your state’s "Digest," usually), the secondary sources (e.g. treatises and periodicals), and in your state’s legal practice research resources.

(I highly recommend a West "Digest" Topic (e.g. Divorce or Husband and Wife) search for starters and make sure you read the Scope Notes.)

Lately, though, every time I hear a summary of the facts for these cases, I think of the book “The Feminine Mistake.”

“The Feminine Mistake” is a book (not a state of mind or evolution), and no, it’s not the Feminine Mystique, by Betty Friedan. “The Feminine Mistake” is also not just for women. The lessons it contains are worth thinking about, by everyone, whether you agree with the author or not. (But I predict there will be a lot of "I told you so" responses in the author's future - and mine. I told you so.)

Reviews and Commentary:

1) Huffington Post, March 2007 (author speaks out)

2) Salon, April 2007, by Joan Walsh

3) Amazon reviews

4) For more reviews and commentary, Google (or other search engine of your choice) these words: feminine mistake book (and limit your search to articles in the past year to see how the book has “aged.”)

Lawyers and Oregon Writers: Terroir Creative Writing Festival

It has been said that lawyers are frustrated writers. (This can also be said about most writers.) For those of you seeking your inner scribe (contrast with those seeking their inner inventor at Da Vinci Days):

TERROIR CREATIVE WRITING FESTIVAL

A day of workshops, lectures and readings brings writers together in McMinnville, May 1, 2010

The Terroir Creative Writing Festival, a full day of workshops, readings and book signings, will take place from 8 a.m. to 6:30 p.m. Saturday, May 1, at the McMinnville Community Center, 600 N.E. Evans St. in McMinnville.

Sponsored by the Arts Alliance of Yamhill County:

“Meet nationally acclaimed Oregon writers.
Ursula K. Le Guin, Molly Gloss, Larry Colton, Carlos Reyes and others

Share your passion for words and books.
Attend workshops, talks, readings and book signings

Learn more about your craft.
Fiction, poetry, memoir and bookbinding

Terroir (terr whah) refers to the site- and region-specific characteristics of a wine. Climate, soil and landscape define the wine grapes’ character. Like the vines that line the hillsides of Yamhill County, our words take on the qualities of place, growing rich in the soils of life experiences.” (Link to Festival website and registration information: Arts Alliance website.)

Justice Bedsworth Looks (askance) Upon the Entertainment Value of the Internet (and Legal Memos)

When legal memos are one and the same with the “content” of the Internet, is there any hope for the future?

"Cats, Frogs, and [don’t spam me please*] Women," by Justice William W. Bedsworth:

Excerpt: “Sitting on the library table in my chambers is a memorandum from the Judicial Council entitled, “Information for Implementing New Rules of Court Regarding Public Access to Judicial Administrative Records.” It is, sadly, not the page-turner its title would lead you to expect….

…So here we are well into 2010, the material scares me and bores me at the same time, the rest of the class is way ahead of me, and the cute girls in the class think I’m stupid. It’s junior year Algebra II all over again.

The simple fact is I am NOT a Twenty-First Century guy. I was good at the Twentieth Century, and positively rocked on some Nineteenth Century stuff.(5) But now we’re hip deep in the Twenty-First Century and I can feel the email piranha nipping at my ankles with their razor-sharp online video teeth….” (link to full April 2010 CWS post)


*Judicious use of words in one’s online posts keeps one’s spam levels to a dull roar.

Bull Elks, Bag Limits, and the Oregon Supreme Court

In case you were wondering (and you were, weren’t you), the Oregon Supreme Court on April 1, 2010, decided:

State of Oregon v. Benson L. Hogevoll (SC S057014)

From the Oregon Supreme Court, April 1, 2010, Media Release:

"Today, the Oregon Supreme Court held that a hunter had "exceeded the bag limit for coast bull elk" when he took possession of the bodies of two elk, only one of which he had intentionally shot and killed. The Court rejected the hunter's contention that, for purposes of the fish and wildlife rules, a "bag limit" is a limit on the number of animals a hunter kills..." (Link to full Media Release or full case.)

Government Comics Repository (online, yet): Who Knew?

Did you know there was a repository for government comics? I sure didn’t, but others did, including some law librarians. It doesn’t surprise me that such a repository exists, and someone should let Mr. Mankoff know (if he doesn’t already), but not everyone has my idea of a dream job, which is to be head honcho in a Comics Library (aka the Funny (Biblio) Farm). I’m still working on a secret identity, but might stick with my previous choice of Miss Knowitalia (from Cul de Sac, an excellent cartoon).

See the Law Librarian Blog post from April 1, 2010 (but no joke, at least not entirely). The link to the repository is priceless.

Excerpt: "...Did you know that the University of Nebraska-Lincoln maintains an online collection of government comics? Me neither so a big hat tip to Free Government Information. My favorite, so far, is Johnny Gets the Word. It's supposed to be about STDs but I'm in a Johnny Westlaw frame of mind at the moment...." (Link to full LLB post.)

Lawsuit Climate Change?

“Chamber of Commerce Releases 2010 Lawsuit Climate Survey

The U.S. Chamber of Commerce’s Institute for Legal Reform (ILR) released 2010 Lawsuit Climate Survey which ranks the states with the best and worst legal climates for business. According to the survey, the states with the worst legal climates are California (46th), Alabama (47th), Mississippi (48th), Louisiana (49th), and West Virginia (50th)….” (Link to full blog post.)

More about Chambers of Commerce (not to be confused with the Better Business Bureau - neither of which is a government entity).

(Thank you to the Law Librarian Blog for the lead.)

Oregon 2010 HB 3686 (Religious dress in schools): Update

Governor Kulongoski signed 2010 HB 3686 on April 1, 2010:

1) Press release from the Oregon Legislature.

2) Signing Statement / Letter (from the Governor’s Legislative Action website).