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Posted on: Aug 6, 2020

The opening of the new Multnomah County Central Courthouse has been postponed to Monday, October 5, due to pandemic-related construction delays.  

The historic courthouse on Southwest Fourth Avenue will now be open for business August 19-21 and closed September 30-October 2 for the physical move. Matters previously set at the new location for August and September will need to be rescheduled. 

Posted on: Aug 4, 2020

“Slow ride,
Take it easy”


On June 19, Multnomah County entered “Phase 1” reopening from the COVID-19 state of emergency declared by Governor Brown. Under a Chief Justice Order (CJO) issued by Oregon Supreme Court Chief Justice Martha Walters, approval of the county’s “Phase 1” reopening plan meant that Multnomah County Circuit Court moved from Level 3 restrictions to Level 2 restrictions. Under Level 2 restrictions, the court is allowed to conduct more proceedings than it had been conducting under Level 3.

This does not mean that the court suddenly reopened for “business as usual” as before the pandemic. Instead, the resumption of court services is going to be, as in the Foghat song quoted above, a “slow ride” due to staff limitations, budget cuts, and health concerns. Exactly what additional services will be allowed will be specified in a series of Presiding Judge Orders (PJOs). Lawyers should consult the PJOs - which are posted on the court and MBA websites - to learn the details.

In summary, court operations under Level 2 restrictions have and will resume in two stages. During the period June 22 to August 18 - before the move to the new courthouse - all of our courthouses will continue to be fairly quiet. Most judges and staff will continue to work from home. Most court proceedings will continue to be postponed. The “essential proceedings” that have been held under Level 3 restrictions will continue to be held. A few additional proceedings will be held, but many proceedings will continue to be postponed. After we reopen in the new Central Courthouse on August 24, we will still be subject to Level 2 restrictions, but the layout, technology, and additional space in the Central Courthouse may allow us to conduct a few more court proceedings than we can handle in the old courthouse. However, this will be another “slow ride” to resuming operations because we will continue to limit the number of people in the courthouse and comply with physical distancing requirements as we adjust to the new facility.

The combination of four factors will continue to limit the court’s ability to conduct court proceedings in all areas - civil, criminal, family, juvenile, probate - during the period June 22 through August 18. Those factors are:

  • Jury trials and social distancing. Social distancing will be required for all court proceedings under Level 2 restrictions. Our court is one of the few courts in the nation to conduct jury trials during the COVID-19 pandemic. Under Oregon law, an in-custody criminal defendant must be brought to trial within 60 days after being taken into custody. That period can be extended twice for good cause, but after that, the defendant must be brought to trial or released. Some defendants are released, but we’ve held trials where the court has concluded that release puts the victim or the public at risk. It takes up to seven courtrooms to conduct jury selection and trial while complying with social distancing requirements.
  • Budget reductions/furloughs. The judicial branch was forced to cut expenses immediately due to revenue shortfalls caused by the COVID-19 pandemic. Ten downtown referees and about 40 other critical court employees have been furloughed during the months of June and July. As a result, the court simply does not have enough staff to do all the work we would like to be doing.
  • Backlog of civil motion hearings. Civil motion hearings were delayed under Level 3 restrictions until June 1. The court decided to “catch up” on the backlog of hearings right away, scheduling all the delayed matters for remote hearings in June. It took a substantial commitment of judicial and staff resources to get these hearings back on track.
  • The move. The court will be closed August 19-21 for the move. We’ll reopen in the new courthouse on August 24. Moving an organization of this size and complexity into a brand-new facility would be a challenge in “ordinary” times. It is especially challenging during a pandemic. Court resources and staff that would otherwise be used for court business are devoted to planning and preparing for the move.

The combination of the above factors makes it impossible for this court to conduct all the proceedings that might be allowed under the CJO. Please be patient. Do not expect us to be able to do everything right away. Instead, as Foghat suggests, just “take it easy.”

Endnote.  The English rock band Foghat formed in 1971.  Its hit song “Slow Ride” is on the band’s 1975 album Fool for the City.  Attending his first “major” rock concert, a teenager named Steve Bushong saw Foghat perform the song live at the Civic Center in Saginaw, Michigan in the mid-1970s. 

Posted on: Jul 28, 2020

Multnomah County has now moved into Phase One reopening, which means that Multnomah County Circuit Court is operating under Level 2 restrictions. Level 2 restrictions means that we can now hear Category 2 and 3 essential proceedings in the Family Law Department, which are:

  • Immediate Danger motions and hearings
  • Writ of Assistance motions 
  • Protective Orders motions and hearings
  • Pre- and Post-Judgment Status Quo (motions and hearings)
  • Enforcement of Parenting Time motions and hearings
  • Temporary Relief motions and hearings

If you want to have any other matters heard while Level 2 restrictions are in place, you must file a motion electronically to request the matter be heard, explaining the urgency and necessity of the matter being heard now. Those motions go to Chief Family Law Judge Svetkey, who will grant such a motion only if she can determine that the proceeding is urgent, can be conducted remotely (or with sufficient social distancing if in person), reasonable precautions are available to protect the health of the participants (including court staff and interpreters), and there is sufficient court staff and judges available to conduct the hearing.

Under Level 2 restrictions, the Family Law Department will continue to have two judges available each day for Protective Order applications and hearings. Those judges will also serve as ex parte judges to sign orders for the types of cases set forth above. Please note that an Order to Show Cause for a modification proceeding can be signed at ex parte, but the hearing date will be after January 1, 2021. Similarly, all dissolution trials will not resume until after January 1, 2021: if your case is retained, the retained judge’s staff will contact you to reset the trial. If the case is on Trial Assignment, you will be given a trial date that is after January 1, 2021.

Trial Assignment resumed June 1, and hearings on Category 2 and 3 essential proceedings will be sent out for hearing on the next day. Motions for Special Set can be filed electronically and will be routed to Judge Svetkey for signature. Stipulated Orders and Judgments may be submitted for processing. Adoptions will be processed. Finally, Motions for Appointment of an Attorney for the Child will be routed to either Judge Svetkey or the retained judge for signature.

If you began a trial prior to the imposition of Level 3 restrictions, and your trial can be completed remotely in one day (or less), your case can be scheduled before January 1, 2021. If any party objects to finishing the trial remotely, that party has the burden of persuading the trial judge that the prejudice of the remote appearance outweighs the compelling health and safety reasons to finish the trial remotely. Of course, the parties can always stipulate to finishing the matter after January 1, 2021.

While the Family Law Department is excited to be able to hear more types of cases, please understand that we are nowhere close to normal operations. Normal operations require multiple staff to process and enter documents into the court file, but both social distancing requirements and budget reductions/furloughs will prevent us from being fully staffed for the near future. Social distancing requirements also mean that it is likely that all cases will continue to be heard remotely via telephone.

Posted on: Jul 28, 2020

Chief Justice Walters has reached out to the Oregon legal community and is asking us to pull together in this time of need to help our court system by either donating disposable masks or making masks that can be used in courthouses around the state. Guidelines for making your own face masks can be found here. Read the Multnomah County Presiding Judge Order regarding face coverings in court facilities. If you have masks to donate, you may drop them off at the OADC office, 147 SE 102nd Ave, Portland, OR 97216.

Posted on: Jul 27, 2020

Carmen Maria Sylvester was the first African American woman hired by the Portland Police Bureau (PPB) in 1973. Sylvester withstood both racism and sexism from the public and a few of her fellow officers. Sylvester’s response? “I just told them I wasn’t going anywhere. I had babies to take care of, and I made clear to them that they couldn’t embarrass me or force me out.”

Sylvester worked patrol and did stints as a District Officer in the North and East precincts. She took a year’s leave to complete her Associate Degree with Portland Community College (PCC). When she returned to work, she was assigned to the Traffic Division and she eventually joined the “Officer Friendly” program. She worked with kindergarten through sixth grade students.

Sylvester believes that the best police officers are people who have had actual life experiences. “It helps, when dealing with members of the public, to know what it feels like to have a past-due utility bill,” she says. She recounted several instances in which citizens called the police for help - not because they were crime victims - but simply because they didn’t know who else to call. 

What does law enforcement need today? Sylvester believes there are two broad categories: First, Oregonians need to understand this state’s history. The anger and protests are not just about recent events, but instead reflect 400 years of history and a lot of unresolved injustices. Next, we need good people “with real life experiences” in law enforcement. Young people contemplating a career in law enforcement today should do so, Sylvester believes, if they have “a desire to help people.” That’s because being a police officer is not just about investigating crime; it’s about being a civil servant and helping people, often during their darkest hours.

Forty-six years after she began her work with PPB, Sylvester is still on the job protecting federal courthouses in downtown Portland. In 2017, Sylvester was tapped for a special assignment: she was asked to swear in Danielle Outlaw, PPB’s first female African American Police Chief.

The Carmen M. Sylvester PCC Criminal Justice Scholarship was named to honor Sylvester’s courage in blazing a trail with PPB, both as an African American and a woman. It also reflects her belief that the best officers are those who, like many PCC students, have real-life experiences and who are committed to helping their communities. A donation to this fund will directly help defray tuition expenses for criminal justice students committed to supporting diversity in the criminal justice system. Our goal is to raise enough money to endow the fund so that it will exist in perpetuity. This is a positive way to help support the next generation, to improve our criminal justice system, and to begin to heal the wounds of the past. Contributions may be mailed to: PCC Foundation, P.O. Box 19000, Portland, OR, 97280 (in the memo, please include “Carmen M. Sylvester Scholarship), or online at www.pcc.edu/give (choose “other” in the fi rst drop down designation, then type into that fi eld “Carmen M. Sylvester scholarship”).

Posted on: Jul 21, 2020

Presiding Judge Stephen Bushong and Trial Court Administrator Barbara Marcille Presiding Judge Orders and Level 2 Restrictions
The Multnomah County Circuit Court began moving to Level 2 restrictions on June 22. The presiding judge has issued Presiding Judge Orders (PJOs) describing the operations that will be conducted until the move into the new courthouse. The PJOs for juvenile, family and probate cases will remain in effect until the Level 2 restrictions are lifted. The PJOs for civil and criminal cases cover the first phase of Level 2 operations through August 3 and may be extended.

On June 1, the circuit court began hearing civil motions and used the month of June to effectively catch up on the motions backlog from the previous ten weeks, with most parties appearing remotely via teleconference.

Civil jury trials may be scheduled after August 1, but as long as the court is required to maintain social distancing for all court proceedings, it is unlikely that civil jury trials will be able to be held. Our court is one of the few courts in the nation to have actually held a jury trial during the pandemic, and we’ve learned through experience that it takes up to eight courtrooms to select a jury and conduct a single trial while maintaining the required social distancing. With the distancing needs, we’ve determined that we are able to handle no more than two to three jury trials per week because of the number of courtrooms and other resources required for each trial. Those trial slots will likely be used for criminal cases with in-custody defendants facing statutory or constitutional speedy trial deadlines. As a result, it is unlikely that many - if any - civil jury trials will be held until the social distancing requirements are lifted. The most recent Chief Justice Order (CJO) imposing Level 2 restrictions authorizes - but does not require - the court to resume landlord/tenant dockets after July 1, to the extent permitted under the moratorium on evictions. The Multnomah County Circuit Court intends to resume the landlord/tenant docket on August 3 for those matters permitted under the moratorium.

In-custody criminal matters remain the primary criminal proceedings being held on-site at the courthouse. Presiding call, ex parte, and misdemeanor criminal proceedings court (CPC) are being held telephonically. Criminal pleas for defendants that are out of custody are being taken remotely. The criminal sentencing for convicted murderer Jeremy Christian was held on-site at the courthouse during June and required multiple courtrooms for distancing. Some of the witness statements were made in the courthouse and others were given via videoconference. Due to the very limited capacity for seating in the courthouse, the sentencing was streamed online for public viewing.

The Justice Center has been heavily damaged and is not currently accessible to the general public. Arraignment proceedings held at the Justice Center are available online through live stream links posted on the court’s website.

Budget Updates
The judicial branch was asked to implement temporary but immediate measures to reduce expenses for the state. The circuit courts throughout the state implemented one day court closures in the months of May, June, and July. The cost-savings in our jurisdiction also included furloughs for approximately 40 court staff including 10 downtown hearings referees, 10 judicial clerks, and other personnel that are being furloughed through July. These are temporary furloughs, not permanent layoffs. Many matters ordinarily heard by our court’s hearings referees have not been authorized to be held under the pandemic operations restrictions; those matters that do need to be held are being presided over by circuit judges in the referees’ absence. The court needs a full staff back at work, whether remotely or onsite, in order to resume more services and proceedings for the public and recover from the accumulation of filings over the past several months. We anticipate that further information regarding the budget will be available following the special legislative session.

All state courthouses were ordered to be closed on Friday, July 17, for another statewide furlough.

New Courthouse Opening August 24
Due to pandemic-related delays, the opening of the new Central Courthouse is postponed to August 24. The last day of business at the Fourth Avenue courthouse is Tuesday, August 18, and then the historic courthouse will be closed August 19-21 for the move. The new Multnomah County Central Courthouse opens on August 24 at 1200 SW First Avenue.

Dockets have been updated to reflect these changes. The court thanks you for your patience during this time.

While the new building is spectacular and fully functional, we anticipate that the first weeks of operation will be especially challenging. As you can imagine, our move preparations have been constantly interrupted by the events of the last several months, and on top of that we are opening with an entirely new set of criteria for operating the courthouse. The new building was designed to prioritize access and efficiency for court patrons, but many of those features - such as touch-screen kiosks and public service counters without glass barriers - need retrofitting to reduce contact points during the pandemic. The public elevators in our new 17-story building are very fast, but we now have social distancing capacity limitations that will impact movement of people through the facility. The building’s jury spaces, conference rooms, courtrooms, and all the office areas have restrictions for how they can be used. We haven’t been able to offer tours or provide orientations to prepare lawyers or even our own staff and judges. Nevertheless, the new Central Courthouse in downtown Portland is opening for business at last.

A Sad Goodbye
Our friend and colleague Shelley Keller passed away unexpectedly on June 15. Shelley joined our court as a pro tem judge and hearings referee in January 2018. She worked in the Multnomah County courthouses for two decades, as both a public defense attorney and a deputy district attorney prior to becoming a referee. The new courthouse won’t be quite right without Shelley in it.

Posted on: Jul 17, 2020

The last few months have been challenging - without much notice, we had to drastically change our daily routines and interactions. Words such as “pandemic,” “social distancing,” “self-isolation” became a part of our everyday conversations in addition to the barrage of emails and articles containing the word “unprecedented” in describing the times of COVID-19. 

At first, many believed that the coronavirus was an “equalizer,” a non-discriminating virus. However, Black, indigenous, and communities of color are bearing the brunt of the COVID-19 pandemic’s health and economic impact. The coronavirus has magnified the prior inequities that existed as a result of another pandemic: racism. Unfortunately, coronavirus and racism are dangerously too similar, and together they are a lethal combination to Black and brown people. Coronavirus, just like racism, (1) allows those who have not experienced it or been affected by it to ignore and disbelieve its existence; (2) vilifies the victim and further blames them for being a victim; and (3) discharges any sense of collective responsibility to address it, but instead puts the burden on the victim, often with no power or support, to seek redress on their own.

Then, amidst the sudden and drastic changes to our lives due to COVID-19, we were horrifically reminded of how deadly and evil the pandemic of racism was. In dread and dismay, we watched the life of George Floyd, a Black man, being taken from him without any regard. While a white police officer knelt on his neck for eight minutes and forty-six seconds, George Floyd pled and cried, “I can’t breathe.” Those were also the dying words of Eric Garner in 2014 when a police officer held him in a chokehold. This excruciating racial pain once again reminded the Black community that Black lives are not valued; Black lives don’t matter.

Now, I say these words feeling the full weight and sting of them. As a Black person, I have had my own experiences of not belonging, not being valued, and fearing for my safety. Whether it was as a college student witnessing a white supremacist group protesting on my campus because they believed that the university admitted too many students of color or as an attorney being called the “N-word” as I walked back from the courthouse, those are just a couple of examples of what being Black is - it is to be seen only by the color of your skin with the most negative stereotypes attributed to it.

In the days and weeks that have followed George Floyd’s murder, there have been local and national protests demanding justice, equality, and the end to police brutality. In many ways, the current demonstrations parallel the protests against racial injustices and state sanctioned violence going as far back as the post-Civil War days in the 1870s to the uprisings in 1943, 1965, 1968, 1992, 2014, and so forth. These protests are more than just about George Floyd or the recent killings of Ahmaud Arbery and Breonna Taylor. These protests are rooted in the long history of racial violence and inequality and are a referendum on the inadequacies of our democracy. A democracy that has extolled that “[we] are all created equal” but continues to treat Black people, indigenous people, and people of color unequally, as less than in every aspect of society.

As much as I have felt hurt and heartbroken over these tragedies and the many more that continue to happen, such as Tony McDade and Rayshard Brooks, I am also hopeful that transformative change is possible. Today’s demonstrations are markedly interracial. Public opinions about the need for police accountability are changing. There is a re-examination of statues in the likeness of, and buildings named after, individuals with racist pasts to determine whether they truly exemplify our values and ideals. In some cases, the statues have been removed or the buildings have been renamed. In other cases, where the statues and building names remain, the full story of the individual is included to provide the proper context. Our racial and cultural history is complex and, oftentimes, contradictory. But we must grapple with it if we are to stand for equality for all.

In addition, many organizations and law firms observed June 19 or Juneteenth - also known as “Freedom Day” or our nation’s “Second Independence.” Juneteenth commemorates June 19, 1865, when the enslaved in Galveston, Texas, finally learned of their freedom and began their struggle for equal rights. This was two months after the end of the Civil War and more than two years after the Emancipation Proclamation. Moreover, many national and state organizations, including the MBA, have issued statements of solidarity with the Black community and a commitment to racial justice.

Yet, there is still more to do. Statements of solidarity are important gestures, but they are only the first steps. As MBA President, I commit to amplifying the voices of those who are marginalized and are unheard. I am committed to creating an environment of belonging where the differences of individuals are valued. As a member of this legal community, I ask for your help in fighting against racial and other injustices. We do not know how long COVID-19 will be with us, but we know that institutional and structural racism have existed for decades. The movement to end them will be long and arduous. And the fight for equality, inclusion, and belonging require resilience. Resilience to engage in difficult and painful conversations about race, racism, oppression, and white privilege. Resilience to acknowledge and hold space for the deep pain and trauma that people of color have experienced and the pain from unpeeling the layers of our complicity. We must listen to and center the experiences of Black, indigenous, and people of color (BIPOC).1 Both individually and collectively, we must take responsibility for doing the work of being anti-racist.
 


1 The term BIPOC stands for Black, Indigenous, People of Color. It is used to acknowledge that not all people of color face the same level of injustice and oppression. By specifically naming Black and Indigenous communities it highlights that these communities face different, and often more severe, forms of oppression and erasure.

Posted on: Jun 15, 2020

On June 11 and 12, Presiding Judge Stephen Bushong issued these orders pertaining to Multnomah County Circuit Court proceedings under Level 2 restrictions:

Posted on: Jun 4, 2020

Dear friends and colleagues, 

Words are not enough to express the heavy sadness that we feel at this moment. It is the sadness from grieving for another senseless death. This time, the death of George Floyd, a Black man killed by law enforcement. 

Unfortunately, there have been countless others, such as Breonna Taylor and Ahmaud Arbery, who have experienced similar racially-motivated injustices in our nation, in our state, and in our city. 

And, last week, twelve hours before George Floyd’s death, the anti-blackness that permeates our society was highlighted by the video documenting Christian Cooper’s encounter with a white woman in Central Park. In response to his simple request that she follow the park rules about leashing her dog, she called the police and informed them that an “African American” man was threatening her. That this woman of privilege understood that she could use the police to control and possibly harm Christian Cooper, a Black man, is disgusting, but it is an appalling reality for Black people. 

Similar events have happened in our state and in our city. As lawyers and judges, we should be very concerned that Black members of our community - colleagues, friends, family, neighbors, clients - are not safe mentally, emotionally, or physically. The pictures in the local news, the focus on the destruction of property in downtown, and the failure to act to address the root causes demonstrate that the lives of Black people continue not to be valued and that our community has much work to do.

Our hearts should be heavy, indeed.

We acknowledge the pain, anguish, and frustration that a tragedy like this creates for all of us, in particular the Black community and other communities of color. This is our problem. As an association, we must stand against racism and oppression. We must stand against injustice. We must not remain silent. Silence kills, as we were reminded by the officers who remained silent as their colleague kneeled on George Floyd’s neck while George Floyd pleaded for his life. 

Let us not ask for our lives to go back to “normal;" the normal before the uprisings in our city and across the nation, the normal before COVID-19. That normal has allowed racism and inequality to permeate our daily lives and go unchecked - inequality that was further compounded by the virus and that resulted in the virus disproportionately impacting communities of color. We denounce the violence and destruction in our city and those who would detract from the message of the protesters. Property lost or destroyed, no matter how significant, can and will be recovered and rebuilt. But no matter how hard we work, we cannot breathe life back into George Floyd, Breonna Taylor, Ahmaud Arbery or other victims.

As an association, let us lift the voices of peaceful protest and change. Let us stand in solidarity with all who denounce acts of racial injustice and police brutality and who challenge the systemic challenges and biases experienced by many in our community. 

We further commit ourselves to equity, diversity, inclusion and belonging, and ask our members and our community to engage in meaningful conversations and actions toward racial justice.  

We will actively engage with the statewide diverse and affinity bars to support them and their work. We encourage you to read statements being issued by the statewide diverse and affinity bars: 

OCNBA
OMLA
OAPABA
OWLS
SABA-Oregon
OGALLA
Oregon Supreme Court

With question or comments, email mba@mbabar.org. MBA President Valerie Colas can be reached here.

Sincerely,
The Multnomah Bar Association Board of Directors

Resources:
Learn more and commit to being antiracist - National Museum of African American History and Culture, Talking About Race
Sign the MBA Statement of Diversity Principles - Statement | Sign here

Posted on: May 29, 2020

Am I the only one scratching my head right now and wondering “why are we paying for all of this expensive downtown office space, when it turns out that our attorneys and staff are perfectly capable of working relatively efficiently from home?” Or, “how will my firm, and our clients, survive COVID-19 and mandatory stay at home orders?” Those are some of the candid thoughts that have been shared at the MBA’s Midsized Firm Partner Roundtable meetings. 

For several years now, managing partners of midsized law firms (firms with 5-19 lawyers) have been meeting to discuss issues of importance to our firms. The group used to meet three or four times per year. In past years, we have discussed real estate - buying or leasing, succession and transition planning, generational differences (millennials vs. boomers), technology, and malpractice/excess coverage issues. For the past few years, my firm has hosted the roundtable, and we usually have eight to 12 participants per meeting. Our discussions tend to be organic and free flowing. Then again, we are a bunch of lawyers, and don’t seem to have much trouble finding topics to explore. The members of the roundtable also have access to a listserv.

With the recent outbreak of the Coronavirus/COVID-19 pandemic, the roundtable has transitioned to virtual meetings, via Zoom. Our attendance has blossomed, with over 20 partners joining our first virtual meeting. Now that we are several weeks into our new reality, some of the topics we discussed at the first meeting seem rather quaint. Our first virtual meeting was March 20. That was the Friday before Governor Brown issued her “Stay Home, Stay Alive” order. While some firms had begun transitioning to remote work, many of us were still working somewhat regular hours in our offices. As the crisis has evolved, so have the topics we are discussing.

The roundtable offers the group the opportunity to share ideas about how to manage our way through this current crisis. Topics have included remote access technology, mail delivery services, preserving staff and attorney morale, and COVID-19 related legislation. The participants in our roundtable come from a variety of practice areas - business, litigation, IP, employment, family law, real estate, and banking. We haven’t gotten too deep into longer term questions - like my question about real estate. But I suspect that issue will be on our agenda when we return to “normal,” whenever that happens. During these uncertain times, my impression is that having a group of similarly situated colleagues is particularly helpful. 

Our roundtable has, for the time being, decided to keep meeting on a regular basis. Meetings are for whoever is available, and currently take place on Fridays, from 10-11 a.m. Kathy Modie manages the listserv, and we are happy to add new members to our Friday virtual roundtables. Feel free to contact Kathy at kathy@mbabar.org to be added to our listserv and roundtable. Hopefully this continues to be an avenue to share our experiences and some helpful ideas for managing our way through this difficult and unprecedented time.


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