Latest News

Read the full news release here.

On February 22, Governor Brown announced that she will appoint Maurisa Gates to a vacancy created by the retirement of Judge Kathleen Dailey. Judge Gates will serve on the family law bench and her appointment is effective immediately.

Report from Judge Stephen K. Bushong 
This report was given in December 2021 and is the last court update from Judge Bushong, whose term as presiding judge ended December 31. 

Judicial Retirements
Judge Eric Bergstrom is retiring from the bench. Judge Bergstrom has been especially valuable not just in Multnomah County but around the state for resolving complex criminal trials and will be missed. Judge Kathleen Dailey retired from the bench on January 31. She will continue to work as a senior judge post-retirement. Judge Beth Allen will move to the general bench at the East County Courthouse doing hybrid family, civil and criminal cases. 

Updates to the Pandemic Response
The Omicron variant is now the predominant strain of the coronavirus in Oregon. Two-dose vaccinations without the booster have not been as effective against Omicron and another peak contagion period was expected in January.    
On December 22, then-Presiding Judge Bushong issued two new Presiding Judge Orders (PJOs) in response to the Omicron variant of the COVID-19 virus. The first order continued remote appearances in the juvenile proceedings that were scheduled to return to in-person appearances on January 3.

The second order continued the social distancing requirement for all court proceedings as authorized by an order issued by Chief Justice Martha Walters. The PJO also reinstated remote jury selection for all criminal and civil cases. These steps are necessary to minimize the risk of spreading the COVID-19 virus in light of the highly-contagious Omicron variant in order to keep the court operational and able to hold trials. The limitations associated with social distancing mean that the court will only be able to conduct a limited number of jury trials each week as long as the social distancing requirement remains in effect. The highest priority cases - criminal cases involving in-custody defendants or approaching speedy trial deadlines - use many of the available trial slots, though the court is prepared to conduct misdemeanor jury trials and civil jury trials as well. Face masks and social distancing are still required for all court proceedings. 

Social distancing limits the number of jurors that can fit in the jury assembly room. Although the jury assembly room can hold about 225 people, it can only hold about 75 with social distancing. Remote jury selection increases the number of potential jurors that can report for jury service on any given day. Thus, while the remote jury selection is comparatively unpopular with attorneys, judges, and court staff, it does allow the court to conduct more jury trials while social distancing is necessary. 

The good news: as social distancing and remote jury selection continue, lawyers, judges and court staff are getting better at it, and the process is becoming more streamlined. 

New Presiding Judge Order Re: Symptoms
Judge Bushong issued a new PJO that codifies what has already been generally in practice: anyone who has been exposed to COVID-19, or experiencing symptoms, should not come into the courthouse. People in those circumstances must get a COVID test and receive a negative test result before entering the courthouse. Marion County already had a similar PJO which has worked well. If a trial is scheduled, and someone involved in the trial has symptoms or tests positive, the trial will be postponed until that individual has tested negative.

This is intended to be a common sense policy: there’s no rigid “if you have one sneeze, stay home” rule - just pay attention to your body and be aware of the symptoms of COVID. The courthouse does not check temperatures at the door or screen individuals coming into the courthouse, so each individual is expected to be honest and comply.

A reminder to lawyers: your ethical duty of candor requires you to be truthful to the court. This applies to any reports regarding COVID exposures, symptoms or test results. Lawyers may not request a postponement of any court proceedings based on a false report regarding COVID.

Retrospective of the Court in 2021
Judge Bushong has greatly appreciated the bar’s flexibility and understanding over the challenging past year(s) in dealing with the pandemic. He expressed particular appreciation to Trial Court Administrator Barb Marcille and the court staff for quickly adjusting to the numerous changes in court procedures required to keep people safe during the pandemic. 

Transition to Presiding Judge Judith H. Matarazzo
Judge Judith Matarazzo’s first day as presiding judge was January 1. Judge Bushong’s docket was the “presiding judge’s” docket and business scheduled last year to be before the presiding judge is now being handled by Judge Matarazzo. The system is designed to make it very easy to transition to a new presiding judge. The presiding judge’s contact information (email address and telephone number) is not judge-specific. Anyone who wishes to contact the staff of Presiding Judge Matarazzo will continue to use the same telephone number and email address.

As we celebrate Black History Month in 2022, we remember the important contributions and achievements of Blacks and African Americans to our shared history. We celebrate the first Black and African Americans - the pioneers, the forerunners - who made the impossible possible, helping to claim space for Black people despite the struggles and barriers they faced. We follow in their steps and continue to advance the fight for equality and inclusion, we recognize that we are standing on the shoulders of our ancestors.  
As Black attorneys in Oregon, we build on the contributions of McCants Stewart, the first Black attorney in Oregon who was also the first to argue before the Oregon Supreme Court;  Beatrice Morrow Cannady, the first Black woman to graduate from Portland’s Northwestern College of Law; Aaron Brown, the first Black judge in the State of Oregon; Mercedes Deiz, the first Black woman to be admitted to the OSB as well as the first Black woman judge in Oregon. 

Through their actions, they shared the sentiments of Sidney Poitier, the first Black actor to break through racial barriers to win the Oscar for Best Actor: 
“Though history will accurately acknowledge my presence in those proceedings, my contribution was no more important than being at the right place at the right time, one in that series of perfect accidents from which fate fashions her grand designs. History will pinpoint me as merely a minor element in an ongoing major event, a small if necessary energy.”

The list of firsts in our legal profession in Oregon by African American and Black attorneys continues to this day and even though their names are not listed, their contributions and “necessary energy” affirms that African American and Black attorneys can excel, succeed, and thrive in a state that was purposefully designed to, at worst, exclude and oppress us and, at best, tolerate us. The lessons they pass down to us are that of courage, upliftment, and commitment. They inspire us to make our dreams and ideals a reality, they dare us to speak out, and they encourage us to be bold in seeking our liberation and the liberation of others. As Rosa Parks stated, “I would like to be remembered as a person who wanted to be free...so other people would be also free.”

The Oregon Chapter of the National Bar Association (OC-NBA), the Black lawyer bar association in Oregon, commits itself to uplifting and advancing Black attorneys and attorneys of color.  Founded in 1980 as the Association of Oregon Black Lawyers (AOBL),  in 1997, AOBL transitioned to OC-NBA. Our mission includes advancing the rule of law to ensure access to justice; upholding the honor and integrity of the legal profession; and promoting professional and social engagement opportunities among Black lawyers, law students, members of the Bar, and the Oregon Community.  

The pandemic has impacted our ability to provide a space for Black attorneys, attorneys of color, and allies to gather and socialize. This inability to provide such spaces to gather, support each other, and be in community has been hard especially as we experience both the racial reckoning following George Floyd’s murder and other high-profile cases throughout our nation involving Black and brown people, and political turmoil. And even in this moment of time filled with uncertainty, history, and in particular Black history, reminds us that we will still rise - it compels us to be resilient and recognize that our ability to heal and transcend this acute and collective trauma must be in community. 

Despite the pandemic, OC-NBA continues to be active in our community. In 2021, we held events: an outdoor social at Amalfi’s; a virtual Black Movie Trivia; Black History Month CLE; and career panels for law students. In 2022, we hope to reinvigorate our membership by continuing to find ways to provide members and the legal community opportunities to socialize and network, supporting Black law students, and once again organizing our Ebony and Ivory Gala. In the meantime, we hope to have your support for our mission and work by considering:

• Becoming a member and/or joining a committee. To join, visit  ocnbaorg.wpcomstaging.com/membership-more-to-come
• Attending or participating in one of our events 
• Partnering with us to host a social or CLE

If you have questions or would like to learn more about OC-NBA, feel free to reach out to members of our Board: Angela Addae, Valerie Colas, Kiosha Ford, Ekua A. Hackman, Hansary Laforest, Dexter Pearce, Shaina Pomerantz.

Title of article inspired by Maya Angelou’s “Still I Rise” from And Still I Rise: A Book of Poems.

[1] In 1906, Stewart represented Oliver Taylor against Star Theater of Portland after Taylor was denied seating due to his race. Stewart argued that the government should ensure black rights and combat discrimination. The Oregon Supreme Court agreed with Stewart and ruled in his client’s favor.
[2] The National Bar Association is an organization established in 1925 by Black lawyers during the time the American Bar Association would not admit African American and Black members. www.nationalbar.org
[3] Founding members were John Toran (first president), Jasper Ambers, Ken Dixson, Clifford Freeman, Monica Little, Marcia Neal, Bruce Posey, Roosevelt Robinson, and John Rodgers

Recently, Chief Criminal Judge Cheryl Albrecht reached out to the MBA Board to address an urgent concern regarding the shortfall of attorneys to represent indigent clients facing criminal charges in Multnomah County. This issue has become acute - currently there are people in jail facing criminal charges who are not being represented by an attorney, some for longer than a month. 

There are a number of things MBA members can do to help. Attorneys who have previously been certified to represented indigent clients can contact the Office of Public Defense Services (OPDS) business unit at 503.378.2478. OPDS has offered to place previously qualified attorneys immediately back into active status. Attorneys who have never been certified but have criminal experience can contact OPDS and apply for certification. Attorneys with experience in the Multnomah County criminal system can offer education and assistance to others learning local procedures and practices.

While the reasons for the shortfall are complex, and a solution will ultimately require broader reforms, the brunt is being born by people in jail cells, during a pandemic, isolated from friends and family, unable to advance their interests or ensure their rights are protected. For these people, and their families, the value of any assistance the MBA membership can offer would be immeasurable.

Today, Presiding Judge Stephen K. Bushong issued two new PJOs in response to the omicron variant of the COVID-19 virus.  The first order continues remote appearances in the juvenile proceedings that were scheduled to return to in person appearances on January 3, 2022.

The second order continues the social distancing requirement for all court proceedings as authorized by an order issued by Chief Justice Walters today.  The PJO also reinstates remote jury selection for all criminal and civil cases as soon as possible.  These steps are necessary to minimize the risk of spreading the COVID-19 virus in light of the highly-contagious omicron variant.  The limitations associated with social distancing and remote jury selection means that the court will only be able to conduct a limited number of jury trials each week during the months of January and February.  The highest priority cases—criminal cases involving in-custody defendants or approaching speedy trial deadlines—will likely use most of the available trial slots, though the court is hoping to also conduct a limited number of misdemeanor jury trials and possibly a few civil trials if there is good cause for holding a civil jury trial during the height of the pandemic.  Attorneys with civil jury trials scheduled during January and February should contact the Presiding Court for a scheduling conference to re-schedule their trials.  Attorneys who believe they can demonstrate good cause for conducting a civil jury trial during this time should contact Presiding Court for a scheduling conference.

The email address for Presiding Court is mul.presiding@ojd.state.or.us. The PJOs are available below and on the court website. 

PJO Order Continuing Remote Proceeding in Juvenile Cases

PJO Order RE Social Distancing and Remote Jury Selection

Visit www.mbabar.org/probonopledge to sign the pledge.

Thousands of low-income Oregon residents face serious legal problems. Families are losing their homes to foreclosure. Women and children are threatened by abusive relationships. People with disabilities are being unfairly denied benefits. Oregon's poverty population has grown dramatically during the recession.

Sadly, there is no correlation between the severity of a legal problem and a person's ability to pay for an attorney. In Oregon we are meeting less than 18% of the civil legal needs of the poor. Attorneys and law firms who have taken the MBA Pro Bono Pledge help fill this ever-increasing justice gap.
 

The Pro Bono Pledge effort started in 2008 and it calls on attorneys to commit to at least one pro bono matter per year. In addition, law firms are asked to adopt a written pro bono policy and to encourage participation in the individual pledge. Both firms and attorneys are asked to financially support legal service organizations. 

Pro bono attorneys make a huge impact on the lives of their clients. By taking the Pro Bono Pledge, and giving their time and money, Multnomah County lawyers are making a significant contribution to our community. To sign the 2022 Pro Bono Pledge please visit www.mbabar.org/probonopledge. You can also find other pro bono resources such as pro bono opportunities and an interactive tool to create a firm pro bono policy on the website. Together, we can make a difference.

The MBA Equality Committee invites you to sign the new Statement of Diversity Principles. Read the statement at www.mbabar.org/docs/DiversityStatement.pdf, and demonstrate your commitment to diversity by signing the statement online.

The Multnomah County Sheriff's Office will be closing the lobbies of both the Detention Center and the Inverness Jail on the following dates:

•    November 11
•    November 25
•    December 24
•    December 25
•    December 31
•    January 1, 2022

On these dates, the only way to reach adults in custody will be via Securus Video Visiting, and by traditional telephone access.

For more information, contact MCSO Facility Access at mcsoaccess@mcso.us.

On Monday, October 18, courts will be open but there will be no access to Odyssey. There will be no trial assignment, protective order dockets or ex parte. 

Online services for Oregon's circuit courts and the Oregon Tax Court, including OECI, will be unavailable from October 14 at 5:30 p.m. to October 19 at 4:00 a.m.  These services include: Online Records and Calendar Search, Oregon eCourt Case Information (OECI), Public Kiosks, OJCIN Online Bill Pay, ePayment, eCitation, Electronic Violations Bureau (eCVB), Online Juror Response Forms, and all existing reports and integrations.

Information regarding alerts, closures and COVID-19 notices

Applicants who wish to be considered by a selection committee assembled by Senator Ron Wyden and Senator Jeff Merkley should send a completed application, cover letter, and resume to elise_gaffney@wyden.senate.gov. The application may be found here. See the announcement for details.