Nov 30, 2011

B is for Briefs: How to Find Oregon Appellate Court Briefs

We need to update our “How to Find Oregon Appellate Court Briefs” guide.  You can find the "latest" version in our document list (under B for Briefs).

(We're also updating our NOT Online list so feel free to check that out. (That one is under N for NOT in that same documents list.))

Let us know if you find any errors or omissions - thank you!

Oregon Administrative Rules, OAR Bulletin, and the Oregon Documents Repository

Oregon Administrative Rules (OAR):

1) Current Oregon Administrative Rules (OAR) are online and in print at many libraries.

2) Superseded OARs: Some are online from subscription databases.  (See also, the NOT ONLINE list of Oregon legal research resources.)

3) Superseded editions of the OAR are also in print, but only a few libraries have archives all the way back in time.


1) The current OAR Bulletin is online at the Secretary of State’s office (but gaps may exist).  Those gaps may be filled at the State Library’s Oregon Documents Repository

NOTE: The print OAR Bulletin ceased publication at the end of 2009.

2) Archives does maintain the original filings and users can request copies of specific sections through their reference room as needed.

Oregon Jury Verdicts: Statistics, Reports, Research


If you are searching for the jury verdict in a single case and want to know more than "who won?":

1) You'll need to see the case file, which is sometimes available via OJIN or you will need to visit the courthouse where the trial took place, or both if the case file is not on OJIN or is too old to still be at the courthouse.

2) If you have lots and lots of money, there are a number of court document searching services; they will search for you or you can buy access to their databases.  In time, some of this data will be available through publicly accessible online court services, but they will still likely cost money.

If you are searching for aggregate data or reports on Oregon jury verdicts:

1) Check with the court, e.g. the Trial Court Administrator in the Circuit Court, if you want to know if jury verdict reports and statistics are compiled regularly.

2) Check with OJD if you are searching jury verdicts statewide.

3) Check with the county’s law library to find out if anyone is collecting and compiling the data locally.

4) The Washington County Law Library collects Washington County Circuit Court Personal Injury Jury Verdict data (since 1982).  A lot of those reports will soon be on the Law Library’s website.

5) “Jury Verdicts Northwest” is a print monthly subscription publication, and an online database, and includes data from Multnomah, Clackamas, Washington and other Oregon counties.  Some law libraries will subscribe to either or both the print or the online.

Nov 28, 2011

State Court Budget Cuts and Access to Justice

We may have 3 equal branches of government, but the Legislative Branch decides how much money each branch gets – and voters get to decide who the legislators are:

"Critics Say Budget Cuts for Courts Risk Rights," by Jon Schwartz, NYT, November 26, 2011:

'...“The justice system’s funding has been decreasing in constant dollars for at least two decades,” said David Boies, co-chairman of a commission formed by the American Bar Association to study court budget issues. “We are now at the point where funding failures are not merely causing inconvenience, annoyances and burdens; the current funding failures are resulting in the failure to deliver basic justice.”....'  [Link to full article.]

Multnomah Co.Circuit Court: Free CLE: Proposed Supplemental Rules

"Free 1 hour CLE (Portland) - Friday Dec. 2, 2011 at noon at Multnomah County Circuit Court.

OWLS and OMLA members - there will be a FREE CLE next Friday to discuss/explain the new Multnomah County Circuit Court Supplementary Rules which go into effect on February 1, 2012.  The CLE is on December 2nd at noon in courtroom 208 (presiding court) of the Multnomah County courthouse in downtown Portland.

You can read the DRAFT proposed rules (the new rules are 2.011, 7.011, and 7.015)."

If you wish to attend, please contact the Multnomah Bar Association.

Nov 25, 2011

Careers for Lawyers Inside and Outside the Law

Yes, Virginia, lawyers can follow their bliss.

I noticed a reference to the Portland Law Collective and it got me thinking about the law students and lawyers I have worked with over the past 25 years, and my own musings over “what can one do with a law degree?”

The list is endless – and exciting:

Not everyone is cut out for an investment bank, a big law firm with carpets, views, and free vending machines, a courtroom, 2 a.m. phone calls from the police or a client, for drug court, for a hospital-bedside visit with an abused child, or for the halls of academe - the classroom, the clinic, the law library, or the dean’s office.

There are a zillion other things you can “do” with a law degree.  Just about every profession, every field of interest, every business has a job that could benefit from someone with legal training.

Careers in the law:

Law school admissions and career services websites are a good place to begin when searching for useful information and links on law jobs:

A few links:

Free “Law School” (via CALI) - or a Cure for Insomnia?

Do you have what it takes not only to enjoy law school classes, but not to fall asleep when you hear someone talk about indebitatus assumptsit, a conditional devise, malum in se, expiation, scienter, asportation, or chattel paper?

(It gets worse: You have to read statutes drafted by legislators and decisions written by judges. Torture, indeed, unless of course you are a budding Clarence Darrow or David Boies.)

If you want to learn a little about the law, try some free online seminars, from:

You can also give this Oregon “Statute of Insomniacs” a whirl (there are many others where this came from - so don't despair):

ORS 87.025 "Priority of perfected liens; right to sell improvements separately from land; notice to mortgagee; list of materials or supplies. (1) A lien created under ORS 87.010 (2) or (6) and perfected under ORS 87.035 upon any lot or parcel of land shall be preferred to any lien, mortgage or other encumbrance which attached to the land after or was unrecorded at the time of commencement of the improvement.

(2) Except as provided in subsections (3) and (6) of this section, a lien created under ORS 87.010 (1), (4) or (5) and perfected under ORS 87.035 upon any improvement shall be preferred to all prior liens, mortgages or other encumbrances upon the land upon which the improvement was constructed. To enforce such lien the improvement may be sold separately from the land; and the purchaser may remove the improvement within a reasonable time thereafter, not to exceed 30 days, upon the payment to the owner of the land of a reasonable rent for its use from the date of its purchase to the time of removal. If such removal is prevented by legal proceedings, the 30 days shall not begin to run until the final determination of such proceedings in the court of first resort or the appellate court if appeal is taken.

(3) No lien for materials or supplies shall have priority over any recorded mortgage or trust deed on either the land or improvement unless the person furnishing the material or supplies, not later than eight days, not including Saturdays, Sundays and other holidays as defined in ORS 187.010, after the date of delivery of material or supplies for which a lien may be claimed delivers to the mortgagee either a copy of the notice given to the owner under ORS 87.021 to protect the right to claim a lien on the material or supplies or a notice in any form that provides substantially the same information as the form set forth in ORS 87.023...."  [Link to ORS.]

Nov 23, 2011

Oregon Governor Kitzhaber Halts “Voluntary” Execution

Oregon Governor John Kitzhaber issued a November 22, 2011, statement, about why he halted the execution of the death row inmate who asked that all his death penalty appeals cease and that the state proceed with his execution.


Nov 22, 2011

Equal Protection: Library Closures Found to be Unlawful (U.K.)

This is a decision from a U.K. High Court.


Excerpt: "... Campaigners attempting to stop the closure of their local libraries won a surprise victory in the high court on Wednesday when a judge ruled that the decision to axe services in Gloucestershire and Somerset was unlawful and should be quashed.

In his judgment on a judicial review brought by campaigners in the two counties, Judge Martin McKenna found that local authorities had failed to comply with their public sector equality duties when pushing through the closures...."  [Link to full story.]

Nov 21, 2011

Who Owns the Road, the Street, the Highway?

We sometimes get this type of question:

Where can I find the laws governing the allowed size (height, weight, length, etc.) of trucks using the roads and streets in the county (or city or state)?

Imagine when there were no roads (how old are you!?), when there were only a few roads, when roads weren’t paved, when the people who owned the road could charge you any toll to allow you to pass – or not allow you to pass at all, remember, imagine ….  When either no one had jurisdiction over the roadways (and you lost a lot of wheels and limbs and livestock and horses) or when only private owners did and disputes were resolved in court, by handshake, or by gunfire.We now have laws (as if you didn’t already know that!) about those roads, many of which are public, so:

The answer to “Who Owns the Road?” will depend in part on who has jurisdiction over that specific road.

1) I would start with the jurisdiction’s code, e.g. a city or county code

2) For example, if it is a road over which Washington County has jurisdiction, or the State of Oregon, you might look at the Washington County Code or call the Washington County Land Use & Transportation department to find out if they or the state has jurisdiction.

3) If it is possible that the road is privately owned, you'll want to check property records to find out who the owner is.  You can find out that at the Washington County Assessor's office.

4) There may also be general state statutes that apply to how a road is used.  You would find those in the Oregon Revised Statutes (ORS).

5) Sometimes cities and states have interstate highways going through their borders; if so, you would also need to look at federal statutes and regulations.

Good luck with your research - and happy trails!

Oregon Legal Research: It’s Not All Online

It will be many years before you can do all your legal research online all the time.

Librarians get daily requests for documents that aren't online or are behind firewalls or are available only to subscribers of particular databases.

You can find a "Not Online" guide for Oregon legal researchers at the Washington County Law Library Document Index website.

We update it frequently and readers should feel free to alert us to corrections and additions.

Online Legal Research Databases in Oregon County Law Libraries

There are many free, publicly accessible, legal research databases in Oregon County Law Libraries.  We update the Oregon County Law Libraries Legal Research Databases directory at least twice a year.

It’s called the "Oregon County Law Libraries Legal Research Database Grid," and you can find it at the Oregon Resources webpage of the Washington County Law Library.

Oregon Legislative History: How and Where (but not why)

If you need to know the legislative history of an Oregon statute, please remember:

You need to know something about how a bill becomes a law.  The Citizen’s Guide at the Oregon Legislature’s website will help you with that.

You then need to know HOW to compile a legislative history.  I've blogged about Oregon legislative history research guides, but run a new search to find updated links.  For example, on Google, search using words like these: oregon legislative history research.

But remember, Not Everything is Online! (You can find a "Not Online" guide at the Washington County Law Library Document Index website.)

1) From 1971 to 1995, Legislative Minutes and Exhibits were microfilmed.  The microfilm isn’t complete, and won’t include many other documents that are required when you need to compile a thorough legislative history, but it is still a very useful research resource.

2) From 1995 – 2007: Legislative tracings and minutes are on the Oregon State Archives website.  Legislative bills, session law, and some calendars are on the Legislature’s website.

3) Oregon Legislative Hearing Minutes do not exist after the 2007 Legislative Session. (See also this blog post.)

4) From 2009 to the present, you will find tape logs and audio files at the Oregon Archives website. You will also find the audio files at the Legislature’s website.

5) Exhibits from pre-1995 Legislative Sessions are not online.  You will need to go to Salem to find them, either the State Archives or the Legislature, depending on how far back you are researching.

Note: Most people have never compiled a legislative history.  In fact, many legislators don’t know how to compile legislative histories.  I know because I’ve gotten calls from former legislators who need help finding legislative history documents. But don’t despair.  Law and government documents librarians are happy to show them and you how to do this research!

Can Laypersons Ordained Online Officiate at Weddings?

Some stories just catch your eye – from Justia Verdict (via Law in the News):


"In the second of a two-part series of columns raising questions about the legal effect of online ordination, Justia columnist and Hofstra law professor Joanna Grossman discusses whether persons who are ordained only by an online ministry, with no prerequisites for ordination but the payment of a fee, can legally perform marriages. Such online ministries include the Pastafarians (who belong to the Church of the Flying Spaghetti Monster), the Church of Body Modification, the Universal Life Church, and others. Grossman points out that in some states, such ordinations mean nothing, and thus, marriages performed by such “ministers” will not be valid...." [Link to full article.]

Other eye-catching legal news links from Lewis & Clark’s Law in the News.

(If you're wondering if your own marriage ceremony was lawfully performed, you might also want to check the Oregon Revised Statutes (ORS))

Speak Out to Your Oregon State and Federal Legislators


Now that you’ve found out who your state and federal legislative representatives are, let them know.

You can speak out in writing, remotely, or at a legislative hearing.

But don’t forget that you vote for other representatives, from other branches of government, including judges, the Secretary of State, your county District Attorney, and lots of local government representatives, councils, mayors, etc.

Nov 17, 2011

“How to Die in Oregon” and “Hot Coffee, the Movie” (Documentaries)

If you’re looking to buy or borrow a DVD copy of either “How to Die in Oregon” or “Hot Coffee, the Movie,” please check the documentary’s website for ordering and availability information.

In the fullness of time, public libraries will have these DVDs in their collections, but documentary and independent film distribution business models are different from mainstream movie rollouts.


You can also check your own library’s catalog or use Worldcat dot org for a wider, though imperfect, library catalog check.

Research note: You can research the Oregon Death with Dignity Act online.  The state's webpage URLs change occasionally so I recommend you use a search engine, e.g. Google, to search "oregon death with dignity" act or law

Nov 14, 2011

Oregon Commission on Public Safety

The next scheduled meeting for the Oregon Commission on Public Safety’s is November 21, 2011, in Portland (at a location yet to be determined).

The December meeting is scheduled for December 5th, 2011, in Salem.

Link to Commission’s website for updated information.

Nov 11, 2011

Apply to Oregon Law School Nonprofit Clinic for Free Assessment

Deadline, Nov. 30, 2011.

Who qualifies?: Through the University of Oregon Law School clinic, nonprofits (budget size $50k to $1m) in Eugene, Springfield and surrounding rural areas (within 1.5 hours from Eugene) can apply.


Electronic Recording of Conversations

Here is some additional information on our previous “right to record” blog posts.

From The Newsroom Law Blog, May 2, 2011 by Elizabeth Spainhour:

Girl Geeks Rule! “Women in Computing” Conference in Portland

The Grace Hopper Celebration of Women in Computing is at the Oregon Convention Center this week, Nov. 9-12, 2011.

Women and Girl Geeks Rule!

Consumer Law Resources for Older Adults

The National Consumer Law Center (NCLC) has a webpage with “Brochures for Older Consumers.”  It’s an excellent list of resources.

There is one brochure called INTERNET RESOURCES: Helpful Consumer and Elder Law Web Sites that is particular useful, especially for librarians seeking to find that One Resource that might help the distraught person standing at the reference desk who has a unique problem not otherwise covered by the usual list of referrals and resources.

Grandparent Visitation Laws

The Oregonian published an interesting AP article describing grandparent visitation law and practice around the country.


This is a complex area of law.  While everyone is welcome in the law library to research the subject and their specific question, we recommend you consult with a family law attorney in your state.

For legal advice you may want to contact the Oregon State Bar Information and Referral Service for the names of attorneys in your area; call their referral service at 503-684-3763 or 1-800-452-7636.


OREGON LEGAL RESEARCH BLOG: DISCLAIMERS and REGRETS


Disclaimer: 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.

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.

Copyrighted State Legal Forms can Protect Consumers

While most government documents are in the public domain, not all of them are.  Here’s a story about some copyrighted state legal forms and the state (Montana) that sued a company that violated that copyright.  The defendants were charging someone lots of money for the forms – when state residents could have used the forms for no charge at all in their own court cases.

This happens in Oregon, too.  Before buying legal forms online, find out if there are any free, official Oregon legal forms available.  You can ask at the Oregon State Bar, at an Oregon county law library, or you can post the question to L-net.

"State Law Library of Montana Wins Legal Forms Case," by Judy Meadows, State Law Library of Montana

Montana Supreme Court’s Commission on Self-Represented Litigants (the Commission) and Montana Legal Services Association have spent years developing, reviewing, editing and approving legal forms that are easy to understand and compliant with state law. These forms are then posted on the State Law Library of Montana’s website, as well as on MontanaLawHelp. The purpose of the forms is to help people access the legal redress they are seeking, and to get on with their lives. These are almost universally low income Montanans who cannot afford attorneys.

These forms have been registered with the United States Copyright Office. On each page of each form is language stating that the forms cannot be used by commercial entities, and providing the copyright notice...." [Read full story on pp. 4-5, SCCLL News, vol. 37, no. 3, Fall 2011]




Disclaimer: 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.

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.

Is a “Violation” a “Lesser Included Offense" in Oregon?

State v. Swanson (SC S059135)


On November 10, 2011, the Oregon Supreme Court issued the following:

Excerpt:

On review from the Court of Appeals in an appeal from the Josephine County Circuit Court, Pat Wolke, Judge. 237 Or App 508, 240 P3d 63 (2010)….

Today, the Oregon Supreme Court rejected a criminal defendant's claim that the so-called lesser-included offense statute, ORS 136.465, allows juries to consider violations that are necessarily included in the crime with which a criminal defendant is charged. In so holding, the Court affirmed the similar decision of the Court of Appeals.

The case arose in defendant David Lee Swanson's trial on a misdemeanor charge -- reckless driving. Defendant asked the court to instruct the jury on the elements of a violation -- careless driving -- on the theory that the latter offense was a lesser-included offense….
In a unanimous opinion authored by Justice Virginia L. Linder, the Oregon Supreme Court agreed with the Court of Appeals that ORS 136.465 pertains only to "crimes," as that term is defined at ORS 161.515, and affirmed. The Court considered defendant's argument that the statute uses the word "crime" in a broader, historical sense that would include violations. It observed that defendant's argument resolved into two propositions: (1) that, when ORS 136.465 was originally enacted, the term "crime" included offenses that were punishable only by fines and that therefore would be denominated today as "violations;" and (2) that original scope of ORS 136.465 was unaffected by the more recently enacted definition of the term "crime" that appears at ORS 161.515….” [Link to full case.]

Free Legal Forms Templates (NOT fill-in-the-blank forms!)

We're beginning to compile a list of free, online, legal formatting templates.

NOTE: this is NOT a list  of "fill in the blank" legal action-specific forms.  These are very simple forms templates, with field and line number formatting, that a litigant and lawyer could use to draft their own legal documents when specialized, sometimes expensive legal forms software is unavailable.

You still need to research the law!

We’ll add to this list as we learn about more options, but it’s a start:

1) Open Office: type “legal templates” into the search box, which might just lead you to this url.

2) If you have MS Word 2007, 2003, or other MS Office version, go to the MS Office homepage and type “legal” into the search box.

3) California County Law Library: Instructions on How to Create a Template (This is for CALIFORNIA forms, not Oregon!  There is no equivalent guide in Oregon, yet.)

And, please, don't forget about the Oregon Legal Forms Pyramid!




Disclaimer: 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.

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.


Please note that we are only able to provide guidance for legal research. For legal advice you may want to contact the Oregon State Bar Lawyer Information and Referral Service. The first in-office consultation with an attorney referred through is $35 or less. More information is online: http://www.osbar.org/public/

I recommend you also check with an attorney. 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 (http://www.osbar.org/public)

Nov 7, 2011

Free Federal Court Opinions in FDsys

Find free U.S. court opinions at the FDsys website.  This is a pilot project and not yet fully populated, but take a look:


Reported on in:

Sherman Alexie on Honesty and Trust and Young Readers

This article is making the rounds of the librarian community and I thought it might interest some of my readers, many of whom are parents or writers.

June 2011 article by Sherman Alexie, in the Wall Street Journal:

Oregon Patent & Trademark Depository Leaving the Lewis & Clark (Boley) Law Library


The Oregon government documents, public, and academic library communities are discussing options for hosting this library service elsewhere in the state.

You can find other U.S. Patent & Trademark Resource Centers at the USPTO website.

Nov 4, 2011

Developing a Law Firm Social Media Policy

KCLL Klues, the King County (Washington) Law Library blog has this post from 10/31/11.  It has links to useful resources and sample policies, all of which may be helpful to lawyers and law firm librarians.


I posted a little while ago on the related subject of blog Comment policies on public library websites.

Justice Bedsworth and the Kindness of Lawyer Mentors

Only a few people have that gift that can make people laugh and cry at the same time: Mark Twain, Molly Ivins, and others.  Sometimes I think we can include on that list California appellate court's:



Federal District Court Judge David O. Carter and I were rookies together in the Orange County District Attorney’s Office. Dave was a decorated war hero who ran marathons and I was an overweight ex-college ballplayer. Other than that, we had nothing in common.
....
I’ve thought of that exchange a lot this fall. Erwin Chemerinsky, who is impossible to say “No” to, has me teaching an appellate advocacy seminar at UCI Law. I spend three hours a week now trying to map the locations of appellate Scylla and Charybdis to 2L’s and 3L’s. Three hours a week trying to save them from having to live—personally or vicariously—Dave Carter’s two-week misdemeanor thrashing.
….
I had them in chambers last week and was going through a file, identifying the documents for them....

No one did that for me when I was in law school. So when Judge Frank Briseno, then a felony trial deputy in the DA’s Office, gave me my first felony to try, and asked me to take note of a quirk in the information, I couldn’t find it. Not the quirk, the information.

Frank watched me fumble through the file a couple times, then smiled gently and softly said, “You don’t know what an information looks like, do you?”

“No,” I stammered. I’d only tried misdemeanors.

Like my students, I was a bright kid, but I had no experience. I was so wet behind the ears you could have grown rice on my neck....” [Link to Justice Bedsworth’s November 2011 column.]

Nov 3, 2011

Oregon Small Claims Court Forms

Oregon Small Claims Court forms (including updates) are available at the OJD Uniform Trial Court Rules (UTCR) website.

Additional Oregon Small Claims Court information is available through many or possibly all of the Oregon Circuit Court websites and at county justice courts. (Note: Not all counties have Justice Courts.)

Law libraries and public libraries may have additional information on Small Claims Court, including books, articles, websites, and a recommendation that you visit the Small Claims Court where you will be filing your case so you can see what happens in Real Life.

Be prepared.  Arrive early.  Good things may happen.

Legal Rights and Legal Answers for Young Oregonians

My boyfriend is 15 and I’m 17 …” and variations on the theme.

Sometimes the only thing to do is to “Ask a Lawyer.” Sometimes, you can read all the books, read all the statutes, ask all your friends, and you still don’t have an answer.

The Oregon State Bar has a program called Problem Solvers for people ages 11 to 17. They offer free, confidential 30 minute legal consultations. You can contact them:

Hours: 8 am to 5 pm Monday-Friday
Phone: 503-684-3763 or toll-free in Oregon at 800-452-7636


The Multnomah County Bar Association has another excellent resource for young people:

Of course, if you’re interested in learning how to research the law, ask a law library and a law librarian!

Superseded Oregon Revised Statutes (ORS) Digitization Project: Update


We have scanned 1953 through 1975.  (We have indexed through 1967.)

Recent budget cuts may slow us down, but my goal remains to complete this project and make these images available on a publicly accessible database.  We also hope to make a microfilm archive copy.

Stay tuned – and if you need a digital image of one of these old statutes, contact us at the Washington County (Oregon) Law Library.

For superseded Oregon Revised Statutes (ORS) already online, you can visit Oregonlaws dot org where you will find this link to the 1997-2005 ORS.