The 2020 Oregon Appellate Almanac is live!

Just under the wire, our 2020 Oregon Appellate Almanac has something for everyone.  It exemplifies the description on the Almanac’s cover: “A Collection of Highly Specific Scholarship, Exuberant Wordplay, and Fond Memories.”  You can read it (and all previous volumes of the Almanac) on our Almanac page.  Please send your comments, questions, and submissions for the 2021 Appellate Almanac to the editor at [email protected].

Enjoy!

Oregon Appellate Courts Amend Rules of Appellate Procedure, Effective Jan 1

The Oregon Supreme Court and Oregon Court of Appeals have approved a package of permanent amendments to the Oregon Rules of Appellate Procedure (ORAP).  The amendments, which were prepared by the ORAP Committee, will become effective January 1, 2021.

The Chief Justice Order / Chief Judge Order adopting those amendments is available online at:

https://www.courts.oregon.gov/courts/appellate/rules/Pages/orap.aspx  (“CJO 20-042/CJO 20-05 Order Adopting Permanent Amendments to ORAP”)

and at:

https://www.courts.oregon.gov/publications/other/Pages/misc.aspx  (“Adoption of Amendments to the Oregon Rules of Appellate Procedure (Advance Sheets 25)”)

A clean version of the ORAPs incorporating those amendments will be posted in December.

For questions, please contact the ORAP Committee at [email protected].

APS Business Mtg, State of the Courts Update, and CLE on Hans Linde: Nov 5

The Appellate Practice Section invites you to attend remotely their 2020 Annual Business Meeting, State of the Courts Update and CLE.

Note:  Voting for the business meeting will occur online before the meeting.  For more information, see this post TK.

Date and Time: Thursday, November 5, 2020, 3-5 p.m.

Webinar format (login instructions will be sent the day before the program).

Agenda:

  • Annual Business Meeting
  • State of the Courts Update by Chief Justice Walters and Chief Judge Egan
  • Panel Discussion: “First Things First: The Legacy of Justice Linde and State Constitutionalism”

*1.25-hour CLE credit will be requested.

The program is free, but registration is required. Click here to register. Participants must register by noon on Wednesday, November 4 in order to receive the meeting link.

PLEASE NOTE: Information for participating in the Annual Meeting portion of the event is posted on our website here.

For questions related to the meeting link please contact Derek Green, [email protected].

For registration questions please contact the OSB CLE Service Center at (503) 431-6413 or [email protected]

Appellate Practice Section 2020 Annual Meeting Notice

The annual meeting of the OSB Appellate Section will be conducted via electronic ballot. The survey will remain open until Wednesday, November 4 and space for write-in nominations will be provided. To place your vote on the 2021 Executive Committee slate, follow this link: https://www.surveymonkey.com/r/2021AppellatePracticeSlate.

We will announce the results of the vote at the sections CLE program on November 5 at 3:00 pm. To register for the CLE, “First Things First: The Legacy of Justice Hans Linde and State Constitutionalism,” click here.

Officers

Terms ending December 31, 2021

  • Chair: Beth Cupani
  • Chair-Elect: Nadia Dahab
  • Past-Chair: Christine Moore
  • Secretary: Nora Coon
  • Treasurer: Anna Joyce

Members-at-Large

Terms ending December 31, 2022

  • Jason Specht
  • Anit Jindal
  • Tiffany Keast
  • Nathan Robert Morales

Members previously elected to the executive committee and continuing through December 31, 2021, include:

  • Jason Weber
  • Robert Koch
  • E Nani Apo
  • Ivan Resendiz Gutierrez
  • Renata A. Gowie
  • Laura Graser
  • Alycia N. Sykora
  • Jeffrey Armistead

If you would like to request accommodations for a bar meeting or event, please contact Natalie Batiste at [email protected] as soon as possible but no later than 48 hours before the scheduled event.

Partial Closure of Oregon Appellate Courts and Tax Court for Mon, Sept 14

Chief Justice Martha Walters has entered CJO 20-037 directing that the Oregon Supreme Court, Oregon Court of Appeals, and Oregon Tax Court be partially closed on Monday, September 14, due to continuing air quality issues in Salem.

The order provides in part:

1.This order applies to the described court operations in the Supreme Court, the Court of Appeals, the Tax Court, and OSCA (Salem locations only), on September 14, 2020.

 

2.The courts are closed, within the meaning of ORS 1.060(3) and ORS 174.120(2), for the following purposes: staffing public counters, answering telephones, and filing documents. This closure has no impact to eFiling systems, remote access to case records, or issuance of decisions.

 

3.This order documents the effect that the partial closure described in paragraph 2 has on any statutory time limitation that applies to any filing on September 14, 2020, regardless of the manner of submission.

 

4.The following previously scheduled events shall proceed as planned, to be conducted via remote means, within the meaning of Chief Justice Order 20-016, paragraph 1.e.:

 

a.Tax Court case management conferences.

 

5.This order is not a court closure for employees of the Oregon Supreme Court, Court of Appeals, Tax Court, and OSCA (Salem locations only) who are authorized to work remotely or onsite.

The partial closing is noted on the Supreme Court’s webpage at https://www.courts.oregon.gov/courts/appellate/supreme/Pages/default.aspx and should be posted by Monday morning on the OJD’s “2020 Fire Information and Court Operations ” page:  https://www.courts.oregon.gov/courts/Pages/2020FireInfo.aspx

Partial Closure of Oregon Appellate Courts and Tax Court for Fri Sept 11

Chief Justice Martha Walters has entered CJO 20-036 directing that the Oregon Supreme Court, Oregon Court of Appeals, and Oregon Tax Court be partially closed on Friday, September 11, due to air quality issues in Salem.

The order provides in part:

1. This order applies to the described court operations in the Supreme Court, the Court of Appeals, the Tax Court, and OSCA, on September 11, 2020.

2. The courts are closed, within the meaning of ORS 1.060(3) and ORS 174.120(2), for the following purposes: staffing public counters, answering telephones, and filing documents. This closure has no impact to eFiling systems, remote access to case records, or issuance of decisions.

3. This order documents the effect that the partial closure described in paragraph 2 has on any statutory time limitation that applies to any filing on September 11, 2020, regardless of the manner of submission.

4. The following previously scheduled events shall proceed as planned, to be conducted via remote means, within the meaning of Chief Justice Order 20-016, paragraph 1.e.:

a. Court of Appeals oral arguments.

5. This order is not a court closure for employees of the Oregon Supreme Court, Court of Appeals, Tax Court, and OSCA who are authorized to work remotely.

The partial closing is posted on the OJD’s “2020 Fire Information and Court Operations” page:  https://www.courts.oregon.gov/courts/Pages/2020FireInfo.aspx

Another Partial Closure of Oregon Appellate Courts and Tax Court for Thur, Sept 10

Chief Justice Martha Walters has entered CJO 20-035 directing that the Oregon Supreme Court, Oregon Court of Appeals, and Oregon Tax Court be partially closed on Thursday, September 10, due to air quality issues in Salem.

The order provides in part:

  1. This order applies to the described court operations in the Supreme Court, the Court of Appeals, and the Tax Court, on September 10, 2020.
  2. The courts are closed, within the meaning of ORS 1.060(3) and ORS 174.120(2), for the following purposes: staffing public counters, answering telephones, and filing documents. This closure has no impact to eFiling systems, remote access to case records, or issuance of decisions.
  3. This order documents the effect that the partial closure described in paragraph 2 has on any statutory time limitation that applies to any filing on September 10, 2020, regardless of the manner of submission.
  4. This order is not a court closure for employees of the Oregon Supreme Court, Court of Appeals, Tax Court, or Appellate Court Records Section who are authorized to work remotely.

The closing is currently reflected in the “alerts and emergency closures” box on the OJD webpage:  https://www.courts.oregon.gov/Pages/default.aspx

Partial Closure of Oregon Appellate Courts and Tax Court for Wed, Sept 9

Chief Justice Martha Walters has entered CJO 20-034 directing that the Oregon Supreme Court, Oregon Court of Appeals, Oregon Tax Court, and Oregon State Court Administrator’s Office be partially closed on Wednesday, Sept 9, due to air quality issues in Salem.

The order provides in part:

  1. This order applies to the described court operations in the Supreme Court, the Court of Appeals, the Tax Court, and OSCA, on September 9, 2020.
  2. The courts are closed, within the meaning of ORS 1.060(3) and ORS 174.120(2), for the following purposes: Staffing public counters, answering telephones, and filing documents. This closure has no impact to eFiling systems or remote access to case records.
  3. This order documents the effect that the partial closure described in paragraph 2 has on any statutory time limitation that applies to any filing on September 9, 2020,regardless of the manner of submission.
  4. The following previously scheduled events shall proceed as planned, to be conducted via remote means, within the meaning of Chief Justice Order 20-016,paragraph 1.e.:
    1. Supreme Court conference and public meeting;
    2.  Court of Appeals oral arguments; and
    3.  Tax Court case management conferences.
  5. This order is not a court closure for employees of the Oregon Supreme Court, Court of Appeals, Tax Court, and OSCA who are authorized to work remotely.

The closing is currently reflected in the “alerts and emergency closures” box on the OJD webpage:  https://www.courts.oregon.gov/Pages/default.aspx

ORAP Committee Seeks Proposals to Amend Oregon Rules of Appellate Procedure by Jan 1

SUMMARY:  The ORAP Committee seeks proposals to amend the Oregon Rules of Appellate Procedure.  Please email your proposals to [email protected] by January 1, 2020.

BACKGROUND:  The Supreme Court and Court of Appeals have authority to enact rules of procedure. See ORS 2.120; ORS 2.560(2). The Chief Justice and Chief Judge created the ORAP Committee to aid the courts in creating and modifying those rules.

The committee meets in even numbered years, and so it will convene in 2020. The basic process is:

• Late Winter / Spring (approx. Feb – May): Committee prepares a package of proposed amendments.

• Summer (approx. July-Aug): The proposed amendments are published and opened for public comment.

• Fall (approx. Sept-Oct): The committee reviews the comments and makes any final modifications.

• Late fall (approx. Nov): The finalized package of amendments is submitted to the appellate courts for their review and approval.

The approved amendments will become effective on January 1, 2021.

For more information, please see the committee’s webpage at

https://www.courts.oregon.gov/courts/appellate/rules/Pages/orap-committee.aspx