Oregon Miranda Rights: State v. Gardner

Did you know that many police officers are advised and trained not to recite Miranda Warnings (see also about Ernesto Miranda) but instead to read them to the person who has been arrested? (Even if the officer can recite “Miranda Warnings” by heart, and most can, they are not infrequently advised to read them from a printed card, primarily to avoid any dispute over dropped words or phrases, however inadvertent.)

The June 30, 2010, Oregon Court of Appeals case, State v. Gardner (A139006), addresses the issue of Miranda warnings in Oregon:

See the OJD Media Release, June 30, 2010, for a summary or the full-text of the opinion.

From the Media Release: “…The officer's question to defendant regarding whether she would take a breath test was not "interrogation" for purposes of Miranda because it is part of the normal process of arrest and custody. Further, although the officer's colloquy with defendant relating to the breath test went beyond what is presented to other suspects, nothing requires a police officer to read a warning verbatim….” (Link to full Media Release or full-text opinion.)

Animal Law: Thou Shall Not Covet Exotic Pets in Oregon (and beyond)

I’m not big on buying stuff, especially stuff that eats, so am not inclined to feel acquisitive or broody when I see a cute critter, but apparently it’s a real problem in the real world (i.e. the non-bibliophile world – we apparently covet only time to read – and maybe Hood strawberries and Ranier Cherries.)

This was an interesting Oregonian story:

“Jane Hartline shifts focus from the Oregon Zoo to discouraging ownership of exotic pets, Monday, June 28, 2010:

Excerpt: 'A young woman presses her face against the glass, trying to get closer to the pretty turtles inside the exhibit at the Oregon Zoo. As she walks away, she expresses her fondness for the amphibians: "I want a turtle," she says to her companions.

"See, that's what I mean," says Jane Hartline. "I should make a sign that says, 'No, you don't want a turtle.'...
...
"The zoo gets an amazing number of calls from people who don't want their exotic pets anymore," Hartline says. "They often prove to be more than they can handle."

There's a reason cats and dogs are the most common pets, Hartline says: Over centuries of breeding, "the ones that weren't good with humans didn't make it through the gene pool."

But people seem to feel the need for unusual companions, which often aren't suitable pets. And so, the zoo gets calls from owners of pythons, capybaras, parrots and other animals not from these shores.

That's extra work for the employees, but there's something people do that's a lot worse than calling the zoo: They let the animals go....' (Link to full article.)


So, the next time you covet a cute critter, think LAW ($$ fines) and consider the GREEN (as in environment, sustainability, habitat) alternatives including VISITS (to the zoo) or SHOOTS (as in photography).

Two links from the Oregonian story:

1) Oregon Department of Fish & Wildlife (ODFW), Division 056: Importation, Possession, Confinement, Transportation And Sale Of Nonnative Wildlife

2) Odd Pet Gazette

And see the Oregon Department of Agriculture's website on Information for Animal Owners in Oregon (and their exotic pet link).

Oregon Drivers Licenses: Appealing a Suspension, Revocation, or Cancellation?

One possible answer to a frequently asked question in public law libraries: “Can I appeal my license suspension?”

(Hurrah for the web. It was a lot harder in the “old days” to find this info. (But keep in mind, that it costs a whole lot more to maintain useful government websites than it took to answer telephones and print a directory or phonebook listing.))

Oregon DMV Administrative Review

“Many people who receive a notice of suspension, revocation or cancellation from DMV are entitled to an Administrative Review. The notice you received from DMV will indicate if you are entitled to one (see below to learn how to request an Administrative Review).

If you are entitled to an Administrative Review, it is because DMV received a court document, conviction(s) or notice from another state or authority that by law requires DMV to suspend, revoke or cancel your driving privileges or identification card. DMV did not make a determination that led to your sanction....” (Link to DMV Administrative Review website.)

And, don't forget about DMV Hardship & Probationary Permits.

(You may also want to look at previous Oregon traffic law blog posts or consult an attorney who specializes in traffic law. They know all sorts of things we mere mortals will never know.)

Oregon Gutter-Cleaning Scam: Scoundrels, Swindlers, and Other People to Avoid

If you or your neighbors run into Gutter-Cleaning Man, please call the WC Sheriff to find out if he is still a Wanted Person.

"Police seek man accused of several elder abuse cases," Monday, June 28, 2010, by Nick Christensen, The Hillsboro Argus:

Excerpt: “... Police say an elderly man, who lives on the 1800 block of Elm Street, was visited by a man identifying himself as “Mike” and offering to clean the moss off his roof.

The victim agreed, and the suspect began to tear down the gutters of the home. The suspect then demanded more than $5,000 to complete the work on the home, police said.

“Mike” then drove the victim to the local bank, where the victim withdrew $5,000 and gave it to the suspect. “Mike” then vanished.

The incident was not reported to Forest Grove police until last month. Police then found a similar case where a suspect, who goes by the name of Michael Chermack, was arrested a year ago by Tigard police for a similar offense....
…
Police think he may have been doing this for up to 20 years, and using aliases including Marco Mitchell, Dino Chermack, Michael Mitchell, Marc Martinelli, Mike Reed and Dino Ristick.

Forest Grove police are asking that other victims of Chermack come forward and call 503-992-3260 to report the fraud. " (Link to full story)

Indian Arts and Crafts Act (IACA): The Perilous Business of Selling “Indian-styled” Arts & Crafts

I was looking at the Dykema law firm’s website and saw that they posted (with permission) this interesting article on the IACA:

“Little Known Statute Can Create Staggering Liability.”

(You can also link to it from the Dykema Publications webpage, but however you read it (and other articles), please, please respect and observe copyright laws before copying, which you can do only with permission unless otherwise noted. In a nutshell, the more respect for copyright law, the more free content. The more abuse ... say goodbye to free content.)

For more information on the IACA and the IACA Board, if you want to do your own research:

1) The Indian Arts and Craft Act (IACA), 25 U.S.C. § 305-305(e) (or search from the main 25 USC webpage if the direct link doesn’t work)

2) IACA Board

3) IACA Research Guide (from Northwest Justice Project)

4) Frequently Asked Questions (from the Indian Arts and Crafts Association)

5) IACA Facebook Page

For more about Indian Law: Have you ever wondered where to find the decisions of a given Indian tribe? A law librarian at the University of Washington has prepared this guide, Tribal Court Decisions: Sources

Oregon Public Records Laws and Concealed Weapon Licenses

Mail Tribune, Inc. v. Winters (A139107) (See also Court of Appeals Media Release dated 6/23/10)

Excerpt:

“The Jackson County Sheriff appeals a judgment declaring that all concealed handgun licenses issued by the Sheriff of Jackson County are public records and ordering the sheriff to disclose a list of all concealed handgun licenses issued in the county in 2006 and 2007. On de novo review, ORS 192.490(1); ORS 19.415(3) (2007),(1) we affirm, because the requested documents are public records and the sheriff failed to establish that the public records are exempt from disclosure. ORS 192.410-192.529; see Guard Publishing Co. v. Lane County School Dist., 310 Or 32, 39, 791 P2d 854 (1990) (disclosure of public records is the rule and public bodies must prove individualized bases for exemptions)….” (Link to full case.)


Previous posts on Oregon concealed weapons cases.

Link to Oregon public records laws at the DOJ website.

“The Wit, Wisdom, and Worthlessness of Law Reviews”

Gallagher Blogs on June 23, 2010, takes us to this article, which caught my eye because I comment often on how few state law school law reviews publish useful articles anymore on their own state’s laws. There was a time when you could go to them, the law reviews, for excellent case or statute histories. It’s a rare thing now. Many of the law review requests we get now are for articles written 30 years (or more) ago. (Thank heavens for our HeinOnline subscription (and their blog).)

"Law Professor Slams Law Reviews for Impracticality" …


"The Wit, Wisdom, and Worthlessness of Law Reviews," by Gerald F. Uelmen, June 2010:

Excerpt:

"... During California's legal "golden era" of the Gibson and Traynor Courts in the 1950s and '60s, law reviews were cited with increasing frequency. In a classic study of the authorities cited in California Supreme Court opinions, Stanford law professor John H. Merryman counted 164 law review citations in the court's 1970 opinions, a "sharp increase" over previous years (Merryman, "Toward a Theory of Citations," 50 S. CAL. L. REV. 381 (1977)).

I did my own count recently of the California Supreme Court opinions published during the past five years that relied on law reviews as authority: There were just six. This despite—or perhaps because of—the fact that law reviews have tripled in number since the 1970s. The 20 ABA-accredited law schools in California now publish a total of 82 law reviews. UC Berkeley's alone publishes 14, while Stanford and UC Hastings each publish 9. Both law professors seeking tenure and law students seeking employment at elite law firms eagerly fill these volumes. But who reads them now? Surely not the judges who decide the law. And not practicing lawyers either...." (Link to full article.)

And, don't forget Fred Rodell ....

Oregon Warrantless Cell Phone Searches (with a side of fried (cellular) chips)

It’s not often you hear (read) the Oregon Court of Appeals split the infinitive and use the phrase “fry the chip” in the same sentence. (See below *)

(Yes, yes, we know that it is OK to split infinitives, but that doesn't mean we can't get a little humor-mileage out of them when they pop up, so to speak, especially when frying chips.)

State v. Nix (A138483) (See also Court of Appeals Media Release dated 6/23/10)

HASELTON, P. J.

“The state appeals an order suppressing evidence discovered during a warrantless search of data contained in a cellular telephone that defendant possessed at the time of his arrest. ORS 138.060(1)(c). The state argues that the warrantless search was lawful either because of exigent circumstances or as a valid search incident to arrest. We review the trial court's order for errors of law, State v. Ehly, 317 Or 66, 75, 854 P2d 421 (1993), and conclude that the search was valid as incident to defendant's arrest. Accordingly, we reverse and remand….” (Link to full case.)


* From State v. Nix: “….Another concern was that defendant could call his service provider while in jail and direct it to remotely "fry the chip" in his cellular telephone, erasing all of the information stored on the telephone or otherwise preventing the information from being accessed….”

“Incorporating Animal Law into Private Practice”

Holly Anne Gibbons, an Oregon lawyer, has written a practical article (Introduction) on “Incorporating Animal Law into Private Practice,” in the Lewis & Clark Law School journal, Animal Law Review, volume 16, issue 2, 2010, pp. 207-211. (ALR is not free, online. Print copies of articles are available from library subscribers or online from aggregators.)

Oregon Solo Practitioners: Numbers Grow

Let’s hope a lot of them have found that a nearby county law library can help them keep costs under control with free legal research databases, conference rooms, research resources, legal research expertise, etc.

Lawyers go solo: Tough job market leads to rise in sole practitioners, small firms, Portland Business Journal, by Andy Giegerich, Friday, June 18, 2010:

Excerpt: "After graduating from Lewis & Clark Law School last year, Caryn Jones hung her own shingle.

She isn’t alone.

The recession has made legal jobs with law firms, private companies and government scarce. As a result, more laid-off lawyers and recent law school graduates are striking out on their own.

The Oregon State Bar’s sole practitioner and small law firm section has grown by nearly 20 percent this year, from 349 attorneys in 2009 to 414...." (Link to full story.)

Oregonians Asked to Speak Out on the Federal Deficit

Participate in a discussion on the federal deficit:

1) USA Budget Discussion dot org

2) For a quick review of the difference between the national debt and the national deficit, visit this U.S. Treasury website.

3) Oregonian “In My Opinion” article, from the June 21, 2010, print edition: “Here’s your chance to change the future,” by Adam Davis and Steve Buckstein.

Excerpt: “Unless we do something about it, America will be facing a fiscal train wreck over the coming decades. Driven by rising health care costs, an aging population and a habit of spending more than we are willing to pay for, our national debt is projected to reach unprecedented levels in the coming years that cannot be sustained....
...
Portland is one of six cities hosting the largest of the forums, each of which will be linked together by satellite and the Internet for a truly national conversation. We want to ensure that our city is well represented in these conversations and our community's interests are heard. Addressing the deficit will not be easy. Our nation has some hard choices to make. Everything needs to be on the table, and we need to begin discussions without preconceived solutions...." (Link to full column.)

4) An interesting Planet Money story (listen to the whole podcast if you can) I heard over the weekend that is not unrelated to the conversation about the deficit: Why GDP Matters: Compare Jamaica To Barbados

Oregon Court of Appeals: Medical Marijuana and (Concealed) Handgun Case

The Oregon Court of Appeals, June 16, 2010, case Willis V. Winters (A139875) about controlled substances and guns:

“Wollheim, P. J.

Respondent, the Jackson County Sheriff, appeals a judgment of the circuit court that ordered him to renew a concealed handgun license issued to petitioner, a medical marijuana user. The sheriff concedes that petitioner met the requirements for issuance of a concealed handgun license set forth in ORS 166.291. He nevertheless asserts that Oregon's concealed handgun licensing statutes are preempted by federal law in this instance, because "an unlawful user * * * of any controlled substance" cannot lawfully possess a firearm under 18 USC section 922(g) of the federal Gun Control Act.(1) The circuit court rejected the sheriff's preemption argument and ordered him to issue a renewal of petitioner's concealed handgun license. We agree with the circuit court's conclusion that federal law does not preempt this state's concealed handgun licensing statutes, and we therefore affirm…. “ Link to Media Releases or full-text)


Link to other Oregon Appellate Court opinions.

Oregon Corporation / Business Law: Legal Research Resources

The good news is that the number (and weight) of Oregon corporation law research resources are a fraction of what they would be in Delaware, California, and New York. The bad news is - well, the same.

Keep in mind, though, that a lot of corporation/business legal research is not state-specific and you may need to use those non-Oregon research tools of the trade, too, depending on your question(s).

Top of the Oregon list:

1) Robert McGaughy's "Oregon Corporate Law Handbook

2) OSB publications, e.g. "Advising Oregon Business” (5-volumes, loose-leaf)

3) Visit a Library. Not everything is online and not everything that is online is accessible freely (or even free) online, e.g. deep web, intranets, subscription databases of journals articles, etc. Public libraries and law libraries will have databases useful for company research and corporate, business, and nonprofit law.

4) Look for research guides on corporate law research, e.g. this Georgetown Law Center research guide

5) Blogs, e.g. corporation law blogs, including law firms that specialize in corporate law

6) Thomson-Reuters: “Business Organizations and Evidence,” the first two volumes of their Oregon Law & Practice series

Celebrate Paralegal Day, Friday, June 18, 2010

1) Visit the Oregon Paralegal Association and Pacific Northwest Paralegal Association (PNWPA) websites.

2) Celebrate with the PCC Paralegal Program, which recently earned ABA approval, the first paralegal program in the state to achieve this honor -- Congratulations!!

3) A few other paralegal websites to visit, among a cast of thousands:

a) Know: A Magazine for Paralegals and Legal Assistant/Paralegal Today magazine
b) Oregon Paralegals
c) Paralegal Schools Online
d) Inter-Alia’s Blog of the Day (July 16, 2009) featured Practical Paralegalism

Impact of Budget Cuts on Oregon Judicial Department

From the OJD Media Releases, click on “What’s New” from the drop-down menu and see the 6/14/10 link to the document:

Chief Justice Identifies Impact of Potential Budget Reductions

While you're there (at the OJD Media Releases), take a look at recently released Oregon Supreme Court and Court of Appeals opinions, too.

Editorial Cartoonists in Portland (with a side of Barney and Clyde)

The Association of American Editorial Cartoonists 2010 annual conference is going on now in Portland. Among other events, is one at Powell’s tonight at 7:30.

Comics have a funny place in my “law” world. There are some good lawyer cartoons (and wonderful cartoonists who offer them free to libraries), but one does need a break from all those funny lawyers.

Print newspaper comics readers are as possessive and as fierce about the Funny Pages as sports fans are about the Sports Pages. (The Oregonian knows this well and some of their own staffers are as devoted as their readers are to the comics.)

And, when a favorite comic gives a shout out to a new comic, one likes to take a look. Cul de Sac creator, Richard Thompson, posted to his blog an introduction to Barney and Clyde, a new comic strip about a rich man and a homeless man. This setup could easily go very wrong, but so far the touch seems light and shows promise, without treacle or snark or wince-producing scrapes.

What is Your Million Dollar Idea? (Oregon Meyer Memorial Trust)

Put your thinking caps on, brainstorm with friends over the coming weeks, think dangerously, creatively, courageously, and wisely:

Meyer Memorial Trust Million Dollar Ideas

“Meyer Memorial Trust wants to help change the contagious pessimism in Oregon and jumpstart action that again makes our state a place where ideas begin and grow. But we need your help. Tell us what you think is the most pressing issue facing Oregon that an investment of up to $1 million from MMT could provide meaningful support and leverage over the next two years. Give us your best ideas about the form that support and leverage might take by July 13, 2010...." (Link to website.)

See also:

1) Doug Stamm’s (MMT CEO) blog and post on What's your million dollar idea for Oregon?

2) Oregonian article: Meyer Memorial Trust launches public forum for million dollar ideas

Oregon Writs of Assistance

There are all kinds of writs: execution, attachment, review, mandamus, and assistance, to name a few.

The one most commonly asked about by pro se litigants is the writ of assistance. Here are some sources of information and forms:

Oregon State Sheriffs’ Association Civil Process Manual (aka "Sheriffs’ Manual")

1) Chapter 4: Provisional Process, descriptions, practice tips, and forms, e.g. motion for assistance and Order for Issuance
2) Chapter 15: Writs and Orders of Assistance, descriptions, practice tips, and forms

Depending on the your specific situation, you may also need to consult the following resources for for additional information. These may be online in some libraries but that database is available only by subscription from the Oregon State Bar. More libraries will have the print volumes than the online:

1) "Civil Pleading and Practice" and "Civil Litigation Manual" (OSB CLE Deskbooks)
2) "Creditors Rights and Remedies" (OSB CLE Deskbook)
3) "Foreclosing Security Interests" (OSB CLE Deskbook)

You may also want to consult an attorney for legal information and advice.

DISCLAIMER:

1) 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.

2) 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.

Job: Public Records Officer, University of Oregon

Public Records Officer, University of Oregon

“The Public Records Officer (PRO) is a position in the new Public Records Office that reports directly to the President and is responsible for the effective, timely and thorough compliance with the public records law and managing, processing, and completing all public records requests submitted to the University of Oregon. The PRO analyzes each request, determines where responsive records are located, and communicates with other offices to gather the responsive records. With advice as needed from the Office of the General Counsel, the PRO will determine whether records are exempt from disclosure or prohibited from being disclosed and respond to the request accordingly. Currently the university receives 125 - 150 public records requests annually....” (Link to full post or U of O HR homepage.)

Oregon Prenuptial Agreements (Contracts)

Note: I use the term "temporary" marriage below instead of “short-term” marriage because the latter is how marriages of very short duration are described and labeled in some courts. (*See below for more on “short-term” marriage in Oregon.)

Whenever someone asks why we (Americans, I presume, or maybe Oregonians) don’t have temporary or “short-term” marriage (meaning of limited duration by choice, not a marriage that lasts for a short-term), I refrain from playing the wedding-wag and saying, “what do you think a prenup is all about?”

Prenuptial agreements are about a whole lot more than money and power and can be extremely valuable marriage contracts, but if not managed seriously by each party to the marriage, I suppose they could be viewed as a back-door route to temporary marriage (e.g. in Islamic law), which may be one among other reasons they can raise some people’s blood pressure.

If you are planning to marry and are curious about prenups (curiosity is a good thing), in addition to reading some of those terrifying books, websites, and magazines on weddings, I recommend you read Nolo Press, “Prenuptial Agreements: How to Write a Fair & Lasting Contract,” 3rd ed., by Katherine Stoner & Shae Irving, J.D.

Online links to additional information about marriage and prenuptial agreements in Oregon and beyond:

1) ORS 700.108 et seq, Premarital Agreements (see also ORS Index)

2) OSB, Marriage in Oregon

3) Uniform Premarital Agreement Act (1983) and

4) Last but not least, consult a lawyer - please! Oregon State Bar Information and Referral Service and our “How to Find a Lawyer in Oregon” guide (also from the website if that link frustrates).

* For more about Oregon short-term (of limited duration) marriage, see "In re: Complaint as to the Conduct of MAGAR E. MAGAR (OSB 94-178, 94-210; SC 29172)
…
Footnote 5. Courts have applied the concept of a "short-term marriage" in the context of distributing marital assets. Broadly speaking, upon the dissolution of a short-term marriage, the "property division is a relatively simple task in the nature of a rescission." Jenks and Jenks, 294 Or 236, 242, 656 P2d 286 (1982). According to Jenks, the determination whether a marriage is "short-term" depends not upon "any specific number of months or years[,]" but, instead, upon whether "the parties' financial affairs become commingled or committed to the needs of children to the point that the parties cannot readily be restored to their premarital positions." Id. More recently, this court has stated that, whether one defines a short-term marriage by looking to duration or to the commingling of assets, "reliance solely on the concept of a 'short-term' marriage * * * will lead to analytical mistakes." Massee and Massee, 328 Or 195, 210, 970 P2d 1203 (1999) (citations omitted). Instead, the factors set out in the relevant statute, ORS 107.105(1)(f), "are the guide to the court's discretion in dividing marital property." Id. Our use of the term "short-term marriage" in this opinion should not be construed as an endorsement of that term...."

--To read Jenks v. Jenks, copy and paste this into Google Scholar:
Jenks and Jenks, 294 Or 236, 242

--To read Massee v. Massee, copy and paste this into Google Scholar:
Massee and Massee, 328 Or 195

(And don't forget this OLR blog post on those pesky engagement/wedding rings.)

Juvenile Sex Offender Bibliography: A work in progress

Some of the most difficult cases for lawyers, and social workers and judges, to resolve involve juvenile sex offenders, i.e. sex offenders who are under the age of 18 and very often under the age of 16. Work with juvenile offenders (and juvenile witnesses) is difficult under any circumstances, but sex offense criminal charges add another dimension to the complex equation.

I've been working on a juvenile sex-offender bibliography and thought I'd post here what I've found so far. I'm sure there are many other resources. These are, of course, in addition to case law and legal treatise resources.

ARTICLES and WEBSITES

· Bibliographies, Young offenders, Updated February 2010: This bibliography of recent research has been compiled from the library collection of the Australian Institute of Family Studies.

· California Coalition of Sexual Offending, bibliography

· Center for Sex Offender Management

· Center on Child Abuse and Neglect , University of Oklahoma Health Sciences Center

· Comprehensive Bibliograhy of Scholarly Research and Literature Relating to Juvenile Sex Offenders (OJJDP)

· HIPAA & Juveniles: Child Abuse and Treatment (SUNY Upstate Medical University)

· Juveniles Who Commit Sex Offenses Against Minors, Office of Juvenile Justice and Delinquency Prevention, December 2009

· Juveniles Who Have Sexually Offended: A Review of the Professional Literature, Office of Juvenile Justice and Delinquency Prevention, January 2001

· National Center on Sexual Behavior of Youth (NCSBY)

· OJJDP source-list, including “Crimes Against Children” series (or use their Publications Search engine)

· Various Office of Juvenile Justice and Delinquency Prevention (OJJDP) resources, including NCJRS searches, e.g. sex offenses or pre-2000 juvenile sex offender research (see also Practice Notes)

· “Youthful Sex Offenders” bibliography, 1970-1992 (from JSTOR)


SEX OFFENDER LEGAL RESEARCH GUIDES GENERALLY

· Criminal Justice Resources: Sex Offender Laws, by Ken Strutin, September 28, 2007 (LLRX periodically updates their research guides.)

· Periodicals: Sex Offender Law Report

· Resources And Bibliography On Female Sexual Deviance And Sexually Abusive/Criminal Behavior, Compiled by Alan Listiak, Ph.D., Revised, May 2004


RESEARCH TIPS

· Database keywords: legal, medical records, child abuse, evaluation & treatment, court of law, HIPAA regulations, child abuse, etc.
· Search engine keywords: young sex offenders bibliography law library (and variations, e.g. youthful sex offenders, juvenile sex offenders, minors sex offenses, etc.)

BOOKS

· “An American Travesty: Legal Responses to Adolescent Sexual Offending (Adolescent Development and Legal Policy),” Franklin E. Zimring (Author), University Of Chicago Press (June 30, 2004)

· "Attachment and Sexual Offending: Understanding and Applying Attachment Theory to the Treatment of Juvenile Sexual Offenders," Wiley (December 9, 2005)

· "Children and Young People Who Sexually Abuse Others: Challenges and Responses," Marcus Erooga (Editor), Helen Masson (Editor) Routledge (November 1999)

· “Cognitive-Behavioral Treatment of an Adolescent Sexual Offender With an Intellectual Disability: A Novel Application of Exposure and Response Prevention,” by Chad Shenk and Arthur Brown, III (Sage, 2007)

· “Comprehensive Mental Health Practice with Sex Offenders and Their Families," Routledge (May 24, 2006)

· "Female Sexual Abuse of Children," Michele Elliott (Editor), Guilford Press (May 2, 1994)

· "Juvenile Sex Offender,” 2nd ed., Howard E. Barbaree Phd (Editor), William L. Marshall (Editor), The Guilford Press (June 19, 2008)

· "Juvenile Sex Offenders: What the Public Needs to Know," Camille Gibson and Camille Gibson (Author); Praeger (July 30, 2008)

· "Practical Aspects of Rape Investigation: A Multidisciplinary Approach," Third Edition (Practical Aspects of Criminal & Forensic Investigations), Robert R. Hazelwood

· “Sentencing Sex Offenders (Point/Counterpoint),” David L. Hudsonor); Chelsea House Publications; 1 edition (December 30, 2008)

· "Sex Offender Laws: Failed Policies, New Directions," Dr. Richard Wright (Editor), Springer Publishing Company (March 16, 2009)

· "Social Workers' Desk Reference," Albert R. Roberts; Oxford University Press, USA; 2 edition (November 21, 2008)

· "Understanding, Assessing, and Rehabilitating Juvenile Sexual Offenders," Phil Rich EdD MSW (Author), Robert E. Longo; Wiley (May 21, 2003)

OREGON RESOURCES

Harris, Leslie J. “The Rights of Children and Adolescents,” OSB 2006 (book)

Oregon State Bar (OSB), including Problem Solvers referral service

Multnomah Bar Association (MBA) ("Youth Faces the Law: A Juvenile Rights Handbook")

Refrigerators, Cluelessness, and Assumptions (with a side of Markopolos, Madoff, & the SEC)

I loved this article by Conrad Jacoby:

“Of Refrigerators and E-Discovery,” by Conrad J. Jacoby, LLRX, April 21, 2010.

It brings to mind what Harry Markopolos had to say about the SEC (they were clueless at fraud detection, but thought they were the bomb) …and, in another context, conversations I have had with parents and computer scientists over whether their children and students, respectively, are Info Consumers or Info Producers. (Yes, one sometimes needs to be both, but an imbalance is fatal.)

Excerpt: "... Other than the lack of service technician, one of the biggest barriers to getting my refrigerator back up and running was my stunningly inaccurate understanding of how a modern household refrigerator works. In my mind, I imagined a system of flaps and thermostats to control the temperature of the air in the food compartments, along with sensors to provide feedback to the system. This made perfect sense to me, and armed with some vocabulary I had picked up from some quick Google searches, I figured I was on my way to diagnosing my ailing appliance.

A day or so later, after some much more careful research, I discovered that most of what I thought I knew about household refrigerator design was, in fact, wholly incorrect. The actual design of the appliance was radically different from what I had imagined—much simpler, actually—and all of my theories about which components were acting up bore little relation to reality. I would need a whole new approach if I wanted to effectively troubleshoot and (hopefully) repair my refrigerator...." (Link to full LLRX article.)

(A non sequitur: If you’ve never heard Billy Collins read his own poetry, you’ve missed out on a rare treat. This comes to mind, because seeing Markopolos’ name reminded me of Billy Collins’ reading of his poem, Hangover, where he repeats Marco Polo, Marco Polo. (It’s darkly hilarious, as is most of Collins’ poetry.)

Oregon Administrative Rules (OAR) Child Support Rules Commentary

Once upon a time, if you were researching Child Support Rules and wanted Commentary, you could find the documents on the agency website. But, alas, no more. The homepage refers to OAR Commentary, but you won’t find any.

You can find the archived Commentary, however, if you look at the Internet Archives (and Wayback Machine). Versions of the DHS Child Support Guidelines, with Commentary, are there. They are slow to load on my computer, but these searches in the Wayback Machine should get you there.

Option 1 (URL search): http://dcs.state.or.us/oregon_admin_rules/guidelines.htm
Option 2 (word search): Oregon child support guidelines rule commentary (this is just one possible word search)

When I used the first search, I reached these documents, with the actual Commentary:

Division of Child Support Guidelines and Rule Commentary (in effect prior to 5/12/03)
1994 Child Support Guidelines Commentary
1991 Child Support Guidelines Commentary

Now that I’ve put you through all that, and myself, I just ran a simple Google search (1994 Child Support Guidelines Commentary) and it popped right up, though you don’t get context, which you may need, especially if this will be used as authority for your case.

When all is said and done, I tend to go right to the Agency Rules Coordinators (from here, too) or the agency’s other policy staff members. They can be immensely helpful.

Small Claims Court and the Single (But Hopeful) Litigant

If you’ve never had the pleasure of chuckling over a coffee and the London Review of Books Personals ads (some also collected in this book, featured in a 2006 NPR story ), here is a Small Claims Court one. Who knew?!

“I was recently victorious in a small claims court and with my compensation cheque I’d like to take you (F to 48) on a weekend bicycling trip to the Lake District Centre Parc. This offer doesn’t include meals or alcoholic beverages. M, 53. box no: 11/01”

Law Librarian Job: University of Oregon Law School Library

Law Reference Librarian
Closes: July 16, 2010
Eugene, OR

“… The person in this position works collaboratively with three law-trained reference librarians and several student reference assistants to provide extensive reference, instructional and research services for a research-oriented law faculty and students in a technologically advanced information environment....
...
Application Deadline: Applications will be accepted until the position is filled. Applications received by July 16, 2010 will receive priority consideration. Informational interviews will be conducted at the annual meeting of the American Association of Law Libraries, July 10-13 in Denver, Colorado.

The complete announcement may be found at the University of Oregon website.

The University of Oregon is an Affirmative Action/Equal Opportunity Employment/ADA-compliant institution committed to cultural diversity."

Job Opening: Part-time Oregon County Law Library Assistant Position

The Clackamas County Law Library seeks a part-time (18 hours/week) Law Library Assistant who is available to begin employment soon after July 1. Primary responsibilities involve providing legal research and reference assistance to patrons; processing incoming print and non-print materials; and assisting the Law Librarian. Persons with strong cataloging, communication and computer skills in a legal environment are encouraged to apply.

This is a great opportunity for someone with a MLS or JD degree who seeks part-time employment. Most competitive candidates will have experience providing legal reference assistance to library patrons and have working knowledge of the cataloging and classifications system in a law library.

Law Library hours are 8:30 am - 5 pm, Monday - Friday. This position is 18 hours per week. Exact schedule to be worked out with candidate selected for the position.

For more information and to apply, go to the Clackamas County website and click on "JOBS.”

Application deadline: June 14.

Oregon Appellate Court Briefs: New Rules: Font Size and Word-Limits

If you plan to file in the Oregon Court of Appeals:

June 2, 2010, Media Release

NOTICE: EFFECTIVE JULY 1, 2010, ORAP 5.05 is amended.

For cases in the Court of Appeals in which the notice of appeal (or other initiating document) is filed on or after July 1, 2010:

1) Briefs must use 14-point type (for proportionally spaced type).
2) Opening, answering, or combined briefs shall not exceed 10,000 words and reply briefs shall not exceed 3,300 words. (These limits are intended to be roughly equivalent to 35 and 10 pages respectively, using the permissible type styles and previously acceptable 13-point type size.)
3) Briefs must include a certificate of compliance with brief length and type size requirements.

For more information, including alternative brief length limits for those without access to word processing systems and a sample of the required certificate, please visit "Temporary Amendments to ORAP 5.05 et al" (or at www.tinyurl.com/ORAPpage).

Who can, or can’t, vote for Oregon Justices of the Peace?

Forest Grove News-Times ran an interesting story about the May 2010 election for the Washington County Justice of the Peace:

"Not everyone votes in judge race: Low-key race doesn’t wind up on ballots in Hillsboro,” by Christian Gaston, The Forest Grove News-Times, May 6, 2010:

Excerpt: “…But if you live in downtown Hillsboro, chances are, you won’t see either of their names on your ballot.

That’s because of a provision in state law that says county seats like Hillsboro or Portland, can’t vote in elections to elect justices of the peace, since the circuit courts hold court in their cities....” (Link to full story, if it’s still online.)

They don’t tell you what the state law is, but we’re guessing it might be this one:

ORS 51.020 Justice of the peace districts; establishing and modifying boundaries; maximum number of districts.

(1) The county court or board of county commissioners of every county may set off and establish, or modify the boundaries of, justice of the peace districts within the county. No more than six justice of the peace districts shall be set off or established or permitted to remain in existence within any county. Except in the counties of Baker, Gilliam, Grant, Harney, Morrow, Sherman, Tillamook and Wheeler, a justice of the peace district may not include any portion of the city that is the county seat for the county or any portion of a city in which a circuit court regularly holds court. In the counties of Baker, Gilliam, Grant, Harney, Morrow, Sherman, Tillamook and Wheeler, a justice of the peace district in existence on January 15, 1998, may include any portion of the city that is the county seat for the county, or any portion of a city in which a circuit court regularly holds court, until such time as the justice court ceases to provide judicial services within the county seat or city. If the justice court ceases to provide judicial services within the county seat or city, the district that includes portions of the county seat or city shall cease to exist and may not thereafter be reestablished.

(2) At the time that the county court or board of county commissioners of a county sets off and establishes the boundaries of a justice of the peace district, the county court or board of county commissioners may require as a qualification for the office that a person serving as justice of the peace in the district be a member of the Oregon State Bar. [Amended by 1965 c.568 §5; 1995 c.658 §53; 1997 c.801 §105; 1999 c.449 §1]

Stephens-Ness Legal Forms (Oregon): New Bookstore Partner/Dealer

Arcade Book Exchange will be a Stevens-Ness Partner/Dealer for the Western Washington County (Oregon) area beginning June 1st, 2010.

Gene Horton, of Horton's Sav-On Office Supply in Forest Grove, will be retiring and closing his store on May 28th. The Arcade Book Exchange will take over the Stevens-Ness Legal Forms portion of his business.

If you have any questions please feel free to call the Arcade Book Exchange at 503-648-5821 or visit their website:

Dianna L. Francis, Owner, Arcade Book Exchange
www.arcadebookexchange.com
136 SE 3rd Ave., Ste. 300
Hillsboro, OR 97123

Oregon Statute (ORS) Annotations: The Good, the Really Good, and the Awful

Usually when one wants to “shepardize” an Oregon statute (i.e. look for subsequent cases or legal publications that have cited the statute), the results are fairly uniform whether you check the official ORS Annotations volume (print and online), Lexis-Nexis Shepard’s, or Westlaw Keycite. The results are not usually identical, but there is usually a lot of overlap and maybe a unique hit or two. But for the latest request we got 3 extremely different results for a single ORS statute, which shall not be identified for now in the interest of privacy.

1) The official ORS Annotations had 0 results - yup ZERO.
2) Shepard’s had 4 case citations (and a variety of non-case annotations).
3) Westlaw’s annotated statute (and KeyCite) has a zillion cases. (Well, not quite a zillion, but if you looked at the print ORSA volume, they covered more than 3 pages.)

There is always the “poor-man’s shepard’s," which simply means you plug your statute citation into a Oregon case law database and run with it.

Here’s the legal research lesson: Don’t let any one publisher do your research for you, especially when results seem puzzling or even just a little different from what you might have expected.

Multnomah Law Library in Portland, Oregon

The Multnomah Law Library website and phone number: 503-988-3394

“The Multnomah Law Library located in the County Court House was incorporated in 1890 as a subscription library by a group of Multnomah County lawyers. Today it is a non-profit corporation on contract to the County to provide law library service for the County's legal community, and officials. It is also open to the general public….” (Link to website, click on “Law Library” tab, and find history, hours, etc.)

Link to the Multnomah Bar Association.

Mrs. Bedsworth Tackles the Hospital Clowns - and Wins

Mrs. Bedsworth goes on a Hospital “Sign this Form Before We Even Talk To You” Rampage, as told by Justice Bedsworth in Criminal Waste of Space column in the OC Lawyer Magazine:

Send in the Clowns, June 2010:

Excerpt: "... After awhile, I just stopped reading them. Like most people, I want fast treatment more than I want a good forum, so I now skim the form and sign it. Someday an unscrupulous dentist will probably hold a quitclaim on my house.

My wife, on the other hand, approaches arbitration agreements the same way she approaches snakes she comes across hiking in the canyons: She is determined only one of them will come out alive, and utterly convinced her bite is worse than theirs.

Kelly takes no prisoners. She not only refuses to arbitrate, she demands a jury trial before a panel of plaintiffs’ attorneys. She crosses out provisions in the form, writes in her own, adds codicils and appendices, and pretty much agrees to nothing other than her willingness to stop suing when the doctor proves he is out of money and has no solvent living relatives.

When it comes to arbitration agreements, Kelly is not so much an attorney as a flame-thrower...." (Link to full article in the OC Lawyer Magazine.)