Latest News

Governor Kate Brown has announced candidates for vacancies on the Oregon Supreme Court and the Oregon Court of Appeals. Governor Brown invites attorneys and members of the public to comment on the candidates. Comments may be submitted to Dustin Buehler at 503.378.6246 or dustin.e.buehler@oregon.gov and are appreciated by end of October. See the news release for details.

With fall approaching, many of us have hoped we would return to some semblance of normalcy. That day has yet to come. We continue to grapple with decisions on when and how to safely return to social activities. For instance, because of the Delta variant and new county restrictions, we may have to rethink the format of, or postpone the long-awaited annual Absolutely Social event, where MBA members network and support the Oregon Food Bank. With the pandemic, it feels like we are hiking a volcano - with every two steps we advance, we fall one step back again.

Dealing with this uncertainty can be hard. I, for one, struggle with uncertainty. Like many lawyers, I feel the need to be in control. The best example in my personal life is my desire to read spoilers while watching a suspenseful TV show or movie. I tell myself that this helps me see the foreshadowing better and appreciate the artistic touches that might be missed during the first viewing. But let’s be real - it is a byproduct of my strong desire to comfortably know what happens next.

The pandemic has required us to live with uncertainty. There can be upsides to this, such as compelling our community to embrace technology to work better and stay in touch. Yet, at times, I feel burnt out from needing to constantly deal with changes - the fear of the unknown and the fear of making mistakes. My patience runs thin as a result. I am sure I am not alone in these feelings. The reason I share this is that we should not shy away from acknowledging our vulnerabilities. I have been fortunate during this pandemic. Both my significant other and I kept our jobs and were able to work remotely. We remain healthy, and we traveled. Yet, even with these privileges, the past 18 months took a toll on my mental health. No one has been immune from the trauma and grief, whether it affects you directly or indirectly.

The additional challenges posed by the pandemic compounded our profession’s already-stressful and demanding work environment. After all, our job is to worry on behalf of our clients and those who need recourse in the law. And for the caregiving members of our profession, besides client needs, family and caregiving needs also demand their attention. Balancing work and our personal lives can be overwhelming.

Now, before you think this article is about doom and gloom, I wanted to share what has rejuvenated me over the past month. First, I took some needed time off. Not everyone, though, feels they can do that. For managers, I encourage you to demonstrate healthy boundaries and understand the need to make sure those you manage feel safe - both physically and mentally. Allowing mental health days is crucial. After all, we do our best work when we feel our best.

Second, I have had the privilege of meeting our new committee chairs as we plan for this year. It has been invigorating to hear new ways to reach out to our members through our committee work, and I am really looking forward to our program year. Please refer to page 11 to meet this year’s committee chairs. I thank each committee chair and member for their service, along with our wonderful staff. Social connection matters. If you have spare capacity, I encourage you find ways to stay involved in the community. Our committees remain welcome to new members.

Just a year ago, during her presidency, Valerie Colas reminded us to have empathy and compassion for ourselves and others during this time. Those words still ring true today. Be kind to others. Avoid compassion fatigue if possible. Acknowledge that people are hurting.Also, acknowledge that others may be in different parts of the recovery process. Everyone we interact with is likely facing challenges of their own, and our ability to be understanding will help us all get through these current and future challenges. Most importantly, take care of yourself.

Read the full news release here.

On August 31, Governor Brown announced that she will appoint Jenna Plank to a vacancy created by the retirement of Judge Leslie Roberts and will appoint Chanpone Sinlapasai to a vacancy created by the retirement of Judge Angel Lopez. Both appointments are effective immediately.

On August 26, Presiding Judge Stephen K. Bushong issued a Presiding Judge Order (PJO) extending current pandemic-related court practices through October. Based on recent developments in the COVID-19 pandemic, Judge Bushong concluded that the protective face covering requirement and the limitations on court proceedings imposed during the Transition Period of June 30 through September 6 should be extended through October 31. 

PJO 2101-00000 is effective immediately.

On August 20, Governor Brown announced that she is accepting applications to fill two judicial vacancies on the Oregon Court of Appeals, created by the planned retirements of Judge Joel DeVore and Judge Rex Armstrong. The governor thanked Judge DeVore and Judge Armstrong for their dedicated judicial service. Both retirements are effective December 31.
  
The process for filling these Court of Appeals vacancies will be separate from the process used by the governor’s office to fill the previously announced Oregon Supreme Court vacancy. Individuals interested in applying for both a Supreme Court position and a position on the Court of Appeals must submit separate application forms, one for each process.

Governor Brown fills judicial vacancies based on merit. She encourages applications from lawyers with a wide variety of backgrounds and experiences.

The deadline to apply is September 8. See the news release for details.

On August 9, Governor Brown announced that she is accepting applications to fill a vacancy on the Oregon Supreme Court created by the upcoming retirement of Justice Lynn Nakamoto. The governor thanked Justice Nakamoto for her dedicated judicial service. The retirement of Justice Nakamoto is effective December 31, and the appointee will begin service immediately thereafter.

The deadline to apply is August 30. See the news release for details.

Note: In order to be considered, applicants must also participate in the MBA pro tem screening process.

• Please visit our Courts page for information about the process and links to application materials.
• Submit both the MBA and OJD applications to Pamela Hubbs for the Judicial Screening Committee's review.
• Your application materials should be submitted to the MBA as soon as possible and your appointment must be approved by the Oregon Supreme Court.

The positions are posted here:
https://oregon.wd5.myworkdayjobs.com/en-US/SOR_External_Career_Site/job/Portland--Judicial--Multnomah-County-Circuit-Court/Hearings-Referee--Juvenile-Hearings-Referee-_REQ-69641

About the Juvenile Hearings Referee Position
Multnomah County Circuit Court is hiring two (2) Juvenile Hearings Referees for its Juvenile Court which is part of the larger Family Court. The Juvenile Court Referee position is authorized by Oregon statue at ORS 419A.150.  The purpose of the position is to perform certain work of the circuit court judges assigned to the Juvenile Court, with a de novo appeal right to the circuit court available when the employee is not sitting as a Circuit Court Judge pro tem. 
Typical job duties include, but are not limited to, the tasks listed below. Assigned tasks may be changed to accommodate workload and organizational needs.

• • Review extensive court reports detailing the planning developed by caseworkers with the Oregon Department of Human Services and Juvenile Court Counselors. 
  • Research relevant case law and statutes.
  • Conduct 8-10 dependency review and permanency hearings per day,
  • Handle either dependency preliminary hearings or delinquency detention hearings one to two afternoons per week.
  • Prepare form orders and judgments for scheduled hearings.
  • Advise participants at hearings of their rights.
  • Define and determine the issues to be litigated. 
  • Hear witness testimony and identifies other evidence considered (such as reports). 
  • Handle pre-trial settlement conferences for Dependency and Termination of Parental rights trials, make evidentiary rulings, write findings of fact and conclusion of law; impose dispositions. Review large volumes of exhibits as part of each dependency and termination case.

In delinquency cases, determine whether or not youth committed the law violation, and decide the appropriate disposition and necessary treatment, if any.  Consider probation, detention, placement outside the home, commitment to a correctional or non-correctional facility, and treatment options in light of youth’s circumstances.
In dependency cases, determine whether or not the child is in imminent risk of serious injury and if so, whether the family home, foster care, or other community placement is best for the child. Issue opinions, orders, and judgments for children and families involved in the juvenile dependency system.
About the Multnomah County Circuit Court:
The 4th Judicial District is the largest in the State of Oregon. The Multnomah Circuit Court includes over 320 staff, 5 juvenile referees, 10 downtown hearings referees, and 38 elected judges working in four courtroom facilities in Multnomah County.
The Juvenile Court hears cases involving children under the age of 18.  Matters include dependency, delinquency, family law, and criminal cases.
Additional information:
The Multnomah Bar Association (MBA) provides detailed information about applying to become a new Judge pro tempore. You may find this useful to determine whether you qualify. 

First round interviews will take place August 30, August 31, or September 1. The second-round interviews will take place September 9. These are firm dates; please ensure you are available during these times.

I still remember one of the first Multnomah Bar Association events I attended when I moved back to Portland to practice law. We were at the downtown Kells location, with the downstairs room packed full of lawyers dressed in suits and dresses. At first, I felt overwhelmed by the constant chatter and the crowd. There were so many unfamiliar faces. Then I specifically remember Valerie Colas, at the time on the board of the Young Lawyers Section, introducing herself to me and during our chat, she encouraged me to get involved with the YLS. To this day, I remember her warmth and the genuine connection I felt from her, the MBA staff, and other members.

Much has changed in our world since that memory. Thanks to Valerie’s leadership as president, we were able to adapt quickly to the unchartered territories brought forth by the pandemic that put a pause to in-person events like the above. Like many companies and organizations, the MBA pivoted to virtual events to support and connect with our members over the past year. Personally, Ibenefited greatly from the MBA Midsized Firm Partner Roundtable meetings, where I learned how other firms were navigating changing environments and keeping employees engaged.

We live in uncertain and perilous times. Even with the protection of vaccines, the aftershocks of COVID-19 are here to stay. Various inequities in our society, highlighted by the pandemic, remain unresolved. It is disheartening how COVID-19 disproportionally put people of color at greater risk, as they are more likely to live in crowded conditions and work in service jobs that cannot be done remotely, among other factors. Even for those fortunate to work remotely, COVID-19 challenged our mental health. Parents were further strained trying to juggle work along with childcare and remote schooling (which, thanks to the hard work of former president Sarah Radcliffe, we have been learning more from the Working Caregivers Legal Profession Survey conducted by the MBA and OWLS). It is important for our community to recognize the challenges faced by various demographics to strengthen our professionalism and empathy.

Together, we must learn how to embrace our societal changes to move forward and build our community. For instance, an unresolved topic is how to safely “reopen” or conduct in-person events. Not everyone is comfortable or ready yet. As we continue to adapt to the “new normal,” our profession will need to learn how to incorporate our virtual world with our physical world. The pandemic has demonstrated that we as lawyers can conduct a fair number of events virtually. Many started to question - do we really need allthat facetime? Of course, it can be harder to develop camaraderie virtually. Yet, the upside to virtual events is that they level the playingfield by providing opportunities to individuals who otherwise could not participate. These individuals might include parents with young children who need the flexibility offered by virtual meetings or individuals with longer commutes. Sometimes, virtual meetings - done right and with intention - can provide more opportunities for members to meet new individuals through breakout rooms, instead of the default to sticking to the same group of people at an event (which I have been guilty of doing). Suffice to say, even when the pandemic is over, a mix of virtual meetings and events should continue to allow that flexibility and inclusivity. Do not worry though, I am still very much hoping the MBA can safely start hosting in-person events soon.

Indeed, it is my hope that all members find the MBA to be as welcoming a community as it has been to me, regardless of the format. More than ever, we strive for innovative approaches, fresh ideas, and strong voices. That is why this year I will be hosting a Virtual Listening Session every month in which you can ask me any questions about the MBA, share any concerns or suggestions you have, or just have someone to chat with. These chats will occur on the third Wednesday of every month, from 2 to 3 p.m., with the first one happening on September 15. If you prefer meeting one-on-one or in person, please do not hesitate to contact me regarding how the MBA can improve or better provide value to its members. In return, I promise to engage in mindful listening, accept feedback with grace, and follow through. I hope to see you virtually during one of my chats and I hope in person in the near future.

Draft Supplementary Local Rules for the Fourth Judicial District are available here for your review and comments. The rules will be submitted to the State Court Administrator on September 1, 2021. If approved, the rules become effective on February 1, 2022. Please direct questions and comments to MUL.Public.Information@ojd.state.or.us.

Presiding Judge Stephen Bushong has issued PJO 2101-00000 regarding the mode of proceedings for certain court proceedings during the court's defined Transition and Post-Pandemic periods, and a separate PJO 2101-00000 regarding the continued wearing of facial coverings in public spaces. These orders are effective immediately.

Read a summary here.