logo

https://www.mbabar.org/

Latest News

Latest News


219 Posts found
Previous • Page 16 of 22 • Next
Posted on: Aug 12, 2019

Governor Kate Brown announced on August 12 that she will appoint Angela Franco Lucero to the Multnomah County Circuit Court. Ms. Lucero fills the vacancy created by Judge Kenneth R. Walker's recent retirement. Her appointment is effective immediately. Read the full news release.

Posted on: Jul 30, 2019

Here in Oregon, where the number of people aged 65 and older is projected to exceed 750,000 by the year 2020, few of our duties are more important than protecting elderly clients from financial abuse. The National Council on Aging points out that, whereas most younger people fall prey to scams using sophisticated anonymous technology, elder financial abuse still occurs via face-to-face or phone-based manipulation from a trusted person or someone who maneuvers their way in. And many cases go unreported every year. It is here, in identifying the warning signs of elder financial abuse, where bankers and lawyers can really step up to protect their clients.

Lawyers are mandatory reporters of elder abuse. ORS 124.050(9). You may be surprised to learn that bankers are not. Oregon recently made certain securities professionals mandatory reporters—but the statute exempts “financial institutions” including banks, credit unions and trust companies. Under ORS 124.115, bankers are permissive reporters.

So, why are bankers great partners in looking out for your elderly clients? Like attorneys, bankers are in positions of familiarity with their clients: they know their patterns, habits, and preferences with regard to their financial instruments. They occupy a place where they can easily spot disruption in those patterns, which is often a telltale sign of abuse.

Let’s look at a sample scenario. Your client, Dany, has been coming to you for periodic updates to her estate plan. She always comes alone, and she rarely makes changes beyond what is necessary. Recently, she came in for a meeting and brought a new “friend,” Jon. Soon, Jon is speaking up and making suggestions about amending Dany’s will. This is a change in the pattern of the relationship, which should raise a red flag for the attorney. Meanwhile, over at the bank, Dany breaks a longstanding pattern of regular and incremental cash withdrawals and begins to empty her accounts. This change in a pattern of behavior should be a red flag for Dany’s banker. The bank may even choose to delay a distribution to her if it suspects financial abuse (permitted under ORS 124.115). Both her attorney and her banker are well-positioned to recognize these warning signs because they know what their client’s typical behavior is. They are the best defense against such abuse to ensure that their clients are taken care of into the future.

Kali Jensen is a Trust Officer with Columbia Trust Company, an affiliate of Columbia Bank. Kali is a member of the Oregon State Bar. She can be reached at kjensen@columbiatrustcompany.com or 503.279.3155.

Posted on: Jul 30, 2019

 

In the sixth grade, A.C. Figueroa- Estacio moved from the Philippines to Merced, California. On her first day at a new school, in a new country, she stood and introduced herself to her new classmates. In accented English, she told the other kids her name and where she was from. The one thing any middle schooler wants to do is fit in, so it came as a shock when one little boy asked, “Are you an illegal alien?”

It is as though in that moment Figueroa-Estacio said to herself, I’ll show you. She kept her head down, working hard to get good grades and do the right things. When others doubted that she would be able to gain admission to UCLA, she used that as inspiration, too. The work paid off. She was named valedictorian of her high school class; she went on to study at UCLA. There, nobody made her feel like an outsider. She enjoyed spending time with other intelligent, driven people, and learning new concepts. She majored in political science and minored in North African and Middle Eastern studies.

Figueroa-Estacio moved to Oregon to attend Lewis & Clark Law School. Having interned at a media entertainment company in college, she thought entertainment law or intellectual property law may be her calling. But then she took a course on employment discrimination taught by Professor Juliet Strumpf. Her inclusive approach taught students to look at the employee’s perspective in disputes with management. This led Figueroa-Estacio to explore work in employment law. 

Figueroa-Estacio has worked at the Dolan Law Group since her 2L year. At this majority-female employment law firm, Figueroa-Estacio receives mentorship and is entrusted with substantial matters. Her firm also encouraged her involvement in the YLS CLE Committee. 

Former committee chair and current YLS Board Director Nyika Corbett says that Figueroa-Estacio “brings a fresh, thoughtful perspective to our committee, and she’s a great team player.” Figueroa-Estacio prides herself on selecting speakers from a variety of backgrounds, including plaintiff - side and solo practitioners. She is working on an access to justice CLE program about litigating on a budget. This program will offer suggestions to young lawyers who want to represent clients with modest means in a cost-effective way.

“The YLS has offered many opportunities to meet other lawyers while engaging in meaningful and interesting committee work,” she says. The YLS appreciates Figueroa-Estacio’s contributions and looks forward to seeing her around the bar for many years to come.

Posted on: Jul 24, 2019

Persistent gender inequity in the legal profession can’t be attributed exclusively to straight-up sexism; part of the explanation is our field’s failure to accommodate parenthood. Even as family roles have become more flexible and LGBTQ families are more common, women still tend to be deeply engaged in the unpaid caregiving work of the family, whether that’s childcare, caring for an aging parent, or supporting a loved one with an illness or disability. As I talked with other lawyer-caregivers in preparation for this article, I heard that for many of us, the closest we can come to “work/life balance” is when neither our employers or our children are satisfied; when we feel we are equally underperforming in both our work and home realms; “balance” is the mid-point in a perpetual tug of war.

In a career track that seems to demand an all-or-nothing commitment, the simple reality is that we are often forced to choose, and as a result, our profession is losing too many talented women. Contrary to gender equity gains in other fields, the legal profession as a whole is becoming more dominated by white men, especially at the top.

  • The ABA plans to release a report this summer documenting a mass exodus of mid-career women from the legal profession.1
  • Women have represented half of graduating law school classes for two decades, but still make up just 20 percent of equity partners in law firms.2 Women of color are 24 percent of associates but only eight percent of partner track attorneys.
  • Women law firm partners are paid an astonishing 53 percent less than their male counterparts; a wage gap that has grown from 32 percent in 2010.3 A recent ABA study indicates that women lawyers of color report even more signifi cant pay equity barriers as compared to white women.4

During my year as MBA President, I want to focus on how we can make our profession more accommodating of the caregiving responsibilities that most of us navigate outside of our workdays. Most people have children (86% of women ages 40-44 are mothers),5 but even people without children may need to care for an aging parent, or a family member with an illness or disability. “Caregiving” encompasses all of these manifestations of the unpaid labor of love that consumes our lives outside of work.

“Begin from the proposition that we cannot survive, as individuals

or as a nation, without caring for one another.”

-Anne-Marie Slaughter6

1. Retaining Parents Makes Good Economic Sense
As many of us can attest, mothers are kick-ass workers - we are organized, we are unflappable, we are perpetually willing to challenge assumptions about the volume of what can be accomplished in a day. When you understand children, you understand people, and that emotional intelligence is an asset in the workplace. Parents are also valuable because they are generally in their mid-career prime. They are the pipeline to leadership. It’s both healthy and economical for an organization or firm to retain staff who are experienced, but not close to retirement. Research also shows that gender-diverse work settings tend to be more productive and to have healthier workplace cultures. Finally, turnover is costly.

2. Changing Economic Realities
I have three children, ages 6, 10, and 16. When the oldest (my stepson) was six and I was pregnant with our daughter, my husband and I bought a big house with my mom and her partner, who has been involved with my family for 40+ years.

My husband and I both work about 35 hours per week and I worked half-time for a few years when our kids were young. With the two live-in grandmas, and our reasonable schedules, I am grateful for the family time that we have. But, the absence of work schedule stress tends to correlate with the presence of financial stress. Group living and free childcare has allowed us to make ends meet with a nonprofit salary, but at times, just barely.

What really worries me, however, is that my journey as a young public interest lawyer raising a family was likely much easier than what’s in store for newer lawyers and those without the family resources that I’ve leaned on.

New lawyers are entering the profession with an unprecedented amount of educational debt. Meanwhile, the rising costs of housing, childcare, and health insurance outpace salaries, especially in nonprofit and public defender positions or solo practice. These economic hurdles impact access to justice because public interest careers are less viable across the board, and even further out of reach for lawyers who reflect the diversity and life experiences of the clients that they serve.

All of these challenges - the financial stress and the demands of parenting - are made worse by the fact that we don’t talk about them. We worry about reprisals at work if we disclose how consuming our parenting obligations are, and we worry about maintaining a façade of prosperity in a culture where one’s professional appearance and reputation is predicated on the trappings of wealth.

3. What Can be Done?
This fall, the MBA, in partnership with OWLS, will release a survey aimed at gauging the current workplace climate for lawyers who have caregiving obligations at home. We’ll ask about the practical realities (not just aspirational policies) around family leave, flexible schedules, part-time work, vacation, and expectations of working outside of regular business hours. We hope that the results of this survey will help inform career choices and provide leverage to lawyers who want to advocate for improved practices in their workplaces.

Researchers have established that “slapping an alternative work schedules policy onto organizations designed around overwork does not work.”7 Without new models, such efforts only lead to “flexibility stigma” (which yields undesirable assignments) and “schedule creep,” (or full-time work for part-time pay). We need creative shifts in how our workplaces are structured and incentivized. In the meantime, whether we’re mothers, fathers, or caretakers for elderly parents or a loved one with a disability, we can start by being transparent and unapologetic about our caregiving roles. If we value this work and we applaud one another, we can help raise the stature of caregiving and prove that we, as caregivers, are a worthy investment for our employers as well as our families.
 


1 ABA Commission on Women in the Profession: bit.ly/aba_commission
2 2018 National Association of Women Lawyers Survey on Retention and Promotion of Women in Law Firms: bit.ly/nawl_survey
3 Joan C. Williams and Marina Multhaup, “What the Partner Pay Gap Tells Us About Bias,” National Law Journal, 2016: bit.ly/national_law_journal
4 ABA Bias Interrupters Project: bit.ly/bias_interrupters
5 Claire Cain Miller, “Th e US Fertility Rate is Down, Yet More Women are Mothers,” NY Times, 2018: bit.ly/the_upshot_article
6 Anne-Marie Slaughter, “Th e Failure of the Phrase ‘Work-Life Balance,’” The Atlantic, 2015: bit.ly/work_life_balance_article
7 Joan Williams, “Don’t Leave When You Leave,” Huff Post, 2106: bit.ly/dont_leave

 

Posted on: Jul 12, 2019

The Draft Supplementary Local Rules for the Fourth Judicial District are available for review and comment. If approved, the rules will become effective on February 1, 2020. These rules will be submitted to the State Court Administrator on September 1, 2019. Comments or questions about these proposed changes may be sent to MUL.Public.Information@ojd.state.or.us

Posted on: Jun 28, 2019

This April, the Clackamas County Expungement Clinic celebrated its fifth anniversary. In 2014, the Clackamas County Bar Association (CCBA) and Legal Aid Services of Oregon (LASO) collaborated to design a clinic model that would serve the needs of both clients and volunteer attorneys in helping low-income clients in Clackamas County complete expungement paperwork. When the Clackamas County Expungement Clinic held its first clinic, only eight people signed up, and four showed. Now entering its fifth year, the Expungement Clinic operates every other month, and has provided services to 251 clients thanks to the dedication of 60 attorneys who have donated over 450 hours of their time. More than ever, with rising homelessness and unemployment in the greater Portland metropolitan area, programs like the Expungement Clinic provide an essential service by helping to alleviate barriers to housing and employment. 

As Erin White, LASO Staff Attorney and Pro Bono Coordinator, explained, clients are first screened to ensure they are eligible to participate in the clinic. LASO then runs a background check on each client ahead of time to assist the volunteer attorney in advising the client whether their convictions may be expunged (or “set aside” as it is technically called in Oregon). If the client is eligible for expungement, the attorney assists in completing the relevant paperwork. The clinic also provides notary services and on-site fingerprinting, which the client must fi le with the court along with the client’s motion, affidavit, and order.
Although not everyone who walks in the door at the clinic is eligible for expungement, according to Tom Noble, an attorney in private practice who helped launch the clinic (and volunteers regularly), many clients find peace of mind in knowing their eligibility status. “The information that someone isn’t eligible is even helpful in some cases so that we can advise the client when they will be eligible.”

According to White, the attorney volunteers come from a variety of backgrounds, including solo practitioners, new attorneys, and attorneys who specialize in criminal defense. To volunteer with the clinic, an attorney does not need to have expungement experience. LASO offers trainings, often attorneys pair up at the clinic to meet with clients, and there are on-site mentors at the clinic to help. Furthermore, LASO’s pro bono projects, including the expungement clinic, are OSB-certified programs and provide professional liability coverage to otherwise uninsured volunteers actively licensed in Oregon.

If you are interested in serving as a volunteer attorney at an upcoming Clackamas County Expungement Clinic, please contact Erin White at 503.224.4086 or Erin.White@lasoregon.org. Those interested in receiving services and/or participating in an upcoming clinic to have convictions expunged should contact the Portland Regional Office of LASO at 503.224.4086 for more information on registration. The clinic does not accept walk-ins.

LASO would like to extend a special thanks to J. Rion Bourgeois, John Haub, Nancy Hochman, James Keddis, Maria Keddis, Lisa Miller, Thomas Noble, Ben Pirie, Bruce (William) Shepley, and the Hon. Jill Tanner for volunteering at four or more expungement clinics over the last two years.

Posted on: Jun 26, 2019

It is easy to abide by a commitment to professionalism when counsel on the other side shares that commitment. But what do we do when faced with unprofessional, even abusive, behavior? How do we maintain our professionalism?

At some point in your career - perhaps, unfortunately, at many points - you will encounter an unprofessional lawyer. We think mainly of such attorneys as litigation opponents, but unprofessional behavior can occur in any practice context. There are some usual suspects when it comes to unprofessional behavior. 

There is the bully, who attacks you at every turn and believes that every issue is a battle. This lawyer will condescend and belittle you, and may even personally insult you or your client. 

There is the lawyer whose default answer in every circumstance is to disagree with you, even if your proposal may benefit his or her client. Such lawyers are incapable of making concessions, often because they think that conceding a point is a sign of weakness.

And there is, for lack of a better word, the liar. This is the lawyer who misrepresents the facts or the law to the court. This is the lawyer who follows up your phone calls with an email or letter mischaracterizing what was said. This is the lawyer who conveniently forgets commitments made to meet a deadline.

Although we cannot control how other lawyers behave, we can control how we respond to such tactics. Here are some suggestions:
In addition to being inconsistent with professionalism, responding in kind is not effective. While it is difficult to resist and can be exhilarating to jump into such a battle, ignore the impulse. The difficult lawyer is trying to distract you from effectively representing your client. No matter what that lawyer does, stay focused on your objective. Let the difficult lawyer waste time and money on hostile and unproductive acts. As the saying goes, never wrestle with a pig - you both get dirty and the pig likes it.

Remember to stay cool. The difficult lawyer is trying to rattle your cage and throw you off track. These lawyers love it when you take the bait because now you are on their playing field. Stay civil at all times. Continue to extend courtesies as you would to any other lawyer. If the lawyer will not cooperate in setting a deposition, for example, send a nice letter and give a reasonable time to respond. Advise that if he does not respond in a timely manner, you will schedule the deposition anyway, and follow through. When these lawyers make lengthy statements or interruptions during depositions, sometimes at high volume, wait for them to stop, ask them if they are through, and then go on as if the interruption had never occurred.

If you are dealing with a difficult lawyer, there is a good chance that at some point the court may be asked to intervene. Therefore, document your attempts at cooperation. Remember, whatever you put in writing is likely to be read by a judge, so keep it professional. As an aside, I resolved early in my career to become even more cordial when corresponding with difficult opponents. I confess that I enjoyed the fact that this seemed to irritate them considerably. 

Remember that all of the time you spend arguing with or focusing on the difficult lawyer is time spent on issues that, in the end, will not likely win the case or close the transaction. If you are before the court because of your opponent’s unprofessional behavior you may be tempted to tell the judge everything the other lawyer is doing to obstruct the case. Resist the temptation. Inevitably, the court will get tired of all the squabbling. The judge will have neither time nor patience to figure out who is doing what and may take a dim view of everyone in the case, including you.

Along with maintaining your focus, it is important to set limits. Stick by the rules and demonstrate you know what you are doing. The rules are boundaries that help contain very difficult opposing attorneys. Tell them what you are going to do and then just do it. No gamesmanship. You must follow through to be taken seriously.

Remaining professional in the face of misbehavior is not weakness. As Sun Tzu wrote: “It is more important to out-think your enemy than to out-fight him.” In fact, remaining professional and focused on the real objective is the best way to achieve your client’s goals. Keep that in mind when an unprofessional lawyer tries to push your buttons.

The Corner Office is a recurring feature of the Multnomah Lawyer and is intended to promote the discussion of professionalism taking place among lawyers in our community and elsewhere. While The Corner Office cannot promise to answer every question submitted, its intent is to respond to questions that raise interesting professionalism concerns and issues. Please send your questions to mba@mbabar.org and indicate that you would like The Corner Office to answer your question. Questions may be submitted anonymously.

Posted on: Jun 24, 2019


Dear Expert:
I am trying to settle into my career as a lawyer, but I am feeling overwhelmed by the stress of my new responsibilities and find myself worrying all the time that I am not living up to expectations or cut out for this job. Is this the right career for me?
- Anxious Associate


Dear Anxious,
The responsibilities inherent in our profession are draining and anxiety-provoking, even to the most experienced attorneys. Taking on those responsibilities as a newer associate is bound to bring up feelings of unworthiness and fear, on top of the stress of learning a new profession and trying to make a good impression on supervisors and clients. What you are feeling is completely normal in the first few years of practice, and for many of us, throughout a legal career. However, even if it is normal, it is still important to take care of yourself. Mental health issues are prevalent in the legal profession (you have probably seen many articles recently about the 2017 report on lawyer well-being and Oregon’s newest CLE requirement). Even if you don’t think you have diagnosable depression or anxiety, these tips can help you manage your stress and get the support you need to thrive.

Don’t Forget About Your Friends, Family and Hobbies
I know it’s like a broken record, but work-life balance really is essential if you want to survive in a career as intense as the law. It can be especially hard for younger associates but set boundaries and do your best to stick to them. It’s okay to stretch them every once in awhile, but do it on your own terms. In your off time, make sure you have some activities that have nothing to do with the law, and leave your work emails alone. Re-connect with your non-lawyer friends, get involved in a recreational sports league, go on a hike, play with your kids, read a novel, paint a picture - anything that turns off your lawyer brain for a little while. Sometimes this profession makes us feel like we have to be on all the time, and involved in everything, but that isn’t practical for most of us. Figure out which professional activities are the most important to you, and then spend the rest of your quality time on fun and relaxation. You are worth it.

Reach Out to Your Peers
Most newer attorneys are probably experiencing something similar. It’s hard to transition into being a practicing attorney. Try to connect with the other associates at your firm who might understand what you are going through. If you aren’t comfortable admitting to co-workers that you’re struggling, attend YLS social events or join a YLS committee. This will give you a safe place to vent about your stress with people who understand, but in an environment that won’t impact your job directly.

Reach Out to Your Supervisors
If you are really struggling, reach out to a senior associate or partner in your firm you feel is willing to support you. If you are honest about what it is you are struggling with (and have some ideas about changes in the environment that will help you), chances are they will be willing to help. Most of our supervisors want us to succeed - that’s why they hired us in the first place - and they have all been where we are. They don’t know you need help unless you tell them. If you don’t have anyone at your firm you are comfortable speaking honestly with, reach out to a trusted law professor or mentor, and then consider the suggestions below.

Reach Out to the OAAP
The Oregon Attorney Assistance Program is staffed by attorney counselors who have a JD as well as counseling credentials. Their services are free and completely confidential for all members of the Oregon legal community. The OAAP can help with serious mental health issues and substance abuse, and also with career counseling, managing grief, or just checking in on where you are and where you want to go. They are available one-on-one, but also facilitate a variety of groups to help with career transitions, substance abuse recovery, grief management, anxiety/depression, and other topics. If you are questioning your career choice, struggling with mental health or substance use, or just not sure what you need, an OAAP counselor can point you in the right direction.

Think About the Future
If you are reading through this list and feel like there is no way you can bring up any of your concerns in your current work environment, maybe it isn’t the best environment for you to develop your career. That doesn’t mean you shouldn’t be a lawyer - it just means maybe you should be a lawyer somewhere else. Think about what it is you are not getting from your current job and what that ideal job looks like. Then, put a plan in place to get there. It probably won’t happen overnight, but sometimes knowing that you are actively working toward something better can help you get through where you are right now. Being a lawyer does not have to mean being miserable, over-worked, and undervalued.

Seek Professional Help
Talk to your primary care physician about what you are experiencing. If you are dealing with depression or anxiety, you might benefit greatly from therapy and/or medication. Don’t be ashamed if that is what helps you. There are innumerable well-respected attorneys who are successful specifically because they have developed the support structure they need to manage their stress or mental health issues, through therapy, medication, and other support systems. 

You can only be a good advocate for your clients if you are also taking care of yourself. It’s okay to value your own well-being, and doing so will help you maintain a long and successful career. Most of all, remember you aren’t alone no matter how much it might feel like you are. It’s doubtful any attorney out there hasn’t gone through a time of self-doubt, burn-out, heightened anxiety, or depression. If you reach out for help, you might find one or two people who will just be uncomfortable about it, but you will find many more willing to open up about their own struggles and help you get the support you need. If at the end of the day you decide lawyering is not for you, that’s okay too, but you worked too hard to get here to give up out of fear, or because you are not in a supportive environment. There are a lot of different ways to practice law - do what you need to do to find the one that works for you! 

Posted on: Jun 18, 2019

Alysha Van Zante’s path to law school is a little different than most. Alysha originally wanted to go to medical school and started her undergraduate career as chemistry major. She soon discovered that while she liked the problem solving, critical thinking and interpersonal relationships in the medical field, she did not like the sight of blood and seeing patients in pain. Alysha opted for a different path that required similar skills; Alysha graduated summa cum laude from the University of Idaho, where she earned a Bachelor of Science degree in economics and a Bachelor of Arts degree in international studies and Spanish. She then went on to attend law school at Lewis & Clark, where she graduated cum laude and was a member and article editor of the Lewis & Clark Law Review. Alysha has worked at McEwen Gisvold LLP since August 2018, where she focuses on business and real estate litigation. 

A partner at Alysha’s firm who was a previous YLS board member told her what a great experience he had with the YLS and encouraged her to get involved. Alysha joined the YLS CLE Committee in the middle of this committee year and has already been very involved in planning seminars. She helped to plan a Wills and Trusts seminar in April which featured professors from each of the three Oregon law schools. She also helped to plan a recent CLE on real estate contracts. 

Alysha has really enjoyed her experience with the YLS so far and would encourage any new attorney to become involved. She has found the YLS to be a great networking tool because she has met attorneys from a wide variety of practice areas. Alysha has also enjoyed participating in the service days put on by the YLS Service to the Public Committee. She recently volunteered for service days at the Humane Society and at the Children’s Healing Art Project. These activities have offered her the opportunity to learn more about nonprofit organizations in our community.

In her spare time, Alysha likes to spend time with family and friends. She enjoys exploring all that Oregon has to offer, including the beaches, mountain, breweries, and the great restaurant scene. She also volunteers as an advisor to the education department of her college sorority.

Posted on: Jun 13, 2019

Presiding Judge’s Report and Courthouse Update – Presiding Judge Stephen Bushong and Barbara Marcille, Trial Court Administrator

Judicial Appointments/Updates
New judges Amy Baggio and Heidi Moawad have begun their appointments and will be rotating through several dockets in their first six months on the bench. Judge Karin Immergut’s appointment to the federal bench has not yet been confirmed by the Senate; confirmation is still expected to occur shortly after Congress reconvenes.

Calendaring/Email 
The court converted its calendar and email systems from Lotus Notes to Microsoft Outlook during the month of May. The conversion generally should not have been evident to practitioners; however, during the migration some listserv emails may have looked slightly different or got caught in spam filters. The court asks for patience - as with any software change there may be some unexpected issues. The conversion is being completed statewide. Multnomah County was the last county to complete the move to Outlook calendars and email. Due to the number of staff and judges in Multnomah County, the migration was completed in multiple waves, with the last Lotus Notes users converted to Outlook on May 28.

SLR Updates
Judge Bushong requested input from the bar on any changes, updates, or amendments. Feedback on the SLRs was directed to Barbara Marcille and Judge Bushong last month. In addition to bar input, judges and court staff are reviewing and making suggestions to make the SLRs more user-friendly. The family law bench is looking at a more extensive update. Any SLR changes requested by the court must be submitted to the UTCR Committee for approval and then approved by the Chief Justice. Once all approvals have been made, the updated SLRs will take effect February 1, 2020. In general, the UTCR Committee will approve requested SLRs as long as they comply with Oregon statutes, UTCRs, and case law.

Reminder
Lawyers appearing at ex parte seeking a temporary restraining order should bring the motion, supporting declarations, and proposed order to Room 204 before the ex parte hearing if possible.
This gives the judge an opportunity to review the materials before the hearing. TRO motions may be heard by the Presiding Judge or assigned to another judge for an immediate hearing, depending on the circumstances. 

Criminal Law 
Chief Criminal Judge Cheryl Albrecht has updated misdemeanor procedures from arraignment to trial; the updated procedures are posted on the court’s website. In addition, procedures for complying with
ORS 3.014, which requires certain violations and misdemeanors to be heard in the East County Courthouse and, in some instances, transferred to the downtown courthouse, are posted on the court’s website. 

East County Courthouse
The East County Courthouse (ECC), located at the corner of 185th and Stark, is available for civil trials of four days or less starting on Monday of the first full week of any month. A judge will be assigned to cover civil trials at the ECC, and enough jurors are summoned during that week for civil trials. The ECC is a state-of-the-art facility that features large, easily accessible courtrooms. Free parking is available at the courthouse for attorneys, parties, witnesses and others; the ECC is also just one block from the MAX line. Misdemeanor trials, traffic violations, restraining order hearings, and other court proceedings already occur at the ECC on a regular basis. Family law judges also regularly rotate to the ECC to hear family law matters.

New Courthouse Funding
The Legislative Assembly is considering the court’s request for the $9.3 million needed to move to the new courthouse and purchase the final pieces of technology and furniture needed to make the courthouse functional. Eight point five million of the funds will come from the sale of bonds, not from the general fund, so this request is not competing with school funding and other requests for general fund dollars. Judge Nan Waller and Trial Court Administrator Barbara Marcille have been working with the legislature to secure that funding. Most legislators have expressed interest in the improved access to justice and programming that the new courthouse will provide, so we are cautiously optimistic that this final funding request for the new courthouse will be approved this session. Judge Bushong notes that, although he will be the Presiding Judge when the new courthouse opens, Judge Waller, Barb Marcille, the MBA, and others deserve the credit for making the new courthouse a reality.

Court Activities
It has been five years since the court went live with the Odyssey case management system and the elimination of paper case files. To recognize the huge change successfully completed and to look ahead to the transition to the new courthouse, on May 10 the court held a “Back to the Future” themed celebration for staff and judges. The conversion to Odyssey took place in May 2014, and the move to the new courthouse will take place in or around May 2020.


Previous • Page 16 of 22 • Next

© Multnomah Bar Association 2025. All Rights Reserved.
Site by Cascade 2018