The Classroom Law Project Celebrates Jake Tanzer

The Classroom Law Project has chosen Jake Tanzer to receive the 2014 Jonathan U. Newman Legal Citizen of the Year Award.  In celebration of Mr. Tanzer, an award dinner will be held April 23, 2014 at The Governor Hotel.

For information on attending, please see the formal announcement.

To sign up, please visit

Governor Appoints Chris Garrett to Court of Appeals

On December 24, 2013, Governor Kitzhaber announced the appointment of Christopher L. Garrett to fill the upcoming vacancy on the Court of Appeals created by the retirement of the Honorable David Schuman.
Mr. Garrett received his Bachelor of Arts from Reed College and his Juris Doctorate from the University of Chicago Law School. After graduating from law school, he worked as an attorney with Simpson Thacher & Bartlett in New York and served as a law clerk to the Honorable Dennis Jacobs of the United States Court of Appeals for the Second Circuit before returning to Oregon in 2002. Since his return, he has worked as a business litigator at Perkins Coie LLP with an emphasis in antitrust, employment, trade secret actions, and election and political law. In addition to his law practice, Mr. Garrett has served in the Oregon State House of Representatives since 2009. During his legislative service, Mr. Garrett has held a number of leadership roles including serving as Speaker Pro Tempore, Chair of the House Committee on Rules, Co-Chair of the Joint Committee on Public Safety, Vice-Chair of the House Committee on Judiciary, Co-Chair of the House Committee on Redistricting, and as a member of the Joint Interim Committee on Justice System Revenues. In addition to his legislative service, Mr. Garrett has participated in a number of community and volunteer organizations including serving on the board of the Oregon Lawyers Against Hunger and as a volunteer with the Classroom Law Project.

A Note from the Chair

Eight years ago, the Appellate Practice Section’s Executive Committee published the first Oregon Appellate Almanac.  Then-Chair, Keith Garza, crafted a 323-page tome filled with wisdom and insight collected from Oregon’s most renowned appellate practitioners and judges.  Well, times have changed…
But hopefully not too much!  This year, the Executive Committee seeks to transform the Oregon Appellate Almanac into an online publication.  Like its six predecessors, Volume 7 of the almanac will serve appellate lawyers and judges by retaining key elements, such as case law summaries, court calendars, statistics, profiles, and articles that improve the practice of appellate law in Oregon.  The new format will foster efficient access to that valuable information.  The section will notify section members when new articles are published, and members can access the articles on the section’s website as soon as they become available.
On behalf of the Executive Committee, I hope that Oregon’s valued appellate practitioners and judges find the new format useful.  I also hope that the format will encourage section members to submit articles for this and future almanacs.  Thank you for bearing with us as we make this important transition.  And have an “Appealing” New Year!
If you wish to have an article published on the Appellate Practice Section website, or as part of the 2014 or future Appellate Almanacs, please contact the section’s current Chair.  Also, please visit the section’s website, which contains submission and publication guidelines to facilitate article editing and submission.

Governor Appoints New Judges to Court of Appeals

On October 17, 2013, Governor Kitzhaber announced the appointment of Joel S. DeVore, Erin C. Lagesen, and Douglas L. Tookey to fill three new positions on the Oregon Court of Appeals created by the passage of House Bill 4026 in 2012.

Mr. DeVore received his Bachelor of Arts degree in Politics from Antioch College and his Juris Doctorate from the University of Oregon. He began his legal career as a law clerk for Judge Tom Young on the Oregon Court of Appeals and has been in private practice since 1983, first in Pendleton at the law firm of Mautz Hallman, and now in Eugene at the law firm of Luvaas Cobb. Mr. DeVore practices civil litigation with an emphasis in appellate work. He also handles repair cases for the Professional Liability Fund and serves as legal counsel to the Eugene and Corvallis School Districts. He is a frequent writer and speaker on civil litigation issues and has served as a Lawyer Representative on the Ninth Circuit Judicial Conference. Before law school, Mr. DeVore served as an Ombudsperson for the city of Anchorage, Alaska.

Ms. Lagesen received her Bachelor of Arts in English and Mathematics from Williams College, her Master of Science in Mathematics from the University of Oregon, and her Master of Education from Harvard University. She taught math at Milwaukie High School before receiving her law degree from Willamette University College of Law. After law school, Ms. Lagesen clerked for Judge Susan Graber on the U.S. Court of Appeals for the Ninth Circuit and worked as a litigation associate at Stoel Rives. In 2004, she joined the Appellate Division of the Oregon Department of Justice, where she has handled hundreds of appeals of civil, criminal, and administrative cases in state and federal court. She recently worked on a team that handled a case in the United State Supreme Court. She also is an appellate lawyer representative to the Ninth Circuit Judicial Conference, member and past chair of the executive committee of the Oregon State Bar Constitutional Law section, and a coach of the Franklin High School constitutional law team, which is part of the “We the People” program of the Classroom Law Project. Ms. Lagesen was born and raised in Portland, and is a graduate of Wilson High School.

Mr. Tookey received his Bachelor of Arts degree in English from the University of Chicago, his Juris Doctorate from Cornell Law School, and his LL.M. from the National University of Singapore. After law school, he served as a law clerk for Judge Edward W. Nottingham on the U.S. District Court for the District of Colorado and then for Judge Emilio M. Garza on the U.S. Court of Appeals for the Fifth Circuit. He worked as an environmental law attorney in private practice in Washington D.C. and then spent over a decade working on a variety of projects to improve access to justice and respect for the rule of law in developing countries, including Fulbright Scholarships in Singapore and Kazakhstan; serving as an observer to elections in Kyrgyzstan, Tajikistan, and Ukraine; and serving as a United States Department of State Office of Citizen Exchanges and Dickinson College Fellow on managing environmental resources in the Middle East. In 2006, he joined the Office of Legislative Counsel for the Oregon Legislative Assembly where he serves as counsel to the 90 members of the Legislature and provides written legal opinions, writes laws, and reviews agency rules, with an emphasis on environmental law and natural resources. Mr. Tookey is an active mentor to law students and works with high school students through the Classroom Law Project and the Imprint Program.

New Oregon Appellate Filing Fees Effective October 1, 2013

The Oregon appellate courts’ appellate filing fees have changed:

Civil Appeals and Judicial Review (ORS 21.010)

  • Appellant (or Cross-Appellant) Fee $373
  • Petitioner (or Cross-Petitioner) Fee $373
  • Respondent Fee $373

Original Jurisdiction Mandamus, Habeas Corpus, and Quo Warranto Proceedings (ORS 21.010(5))

  • Plaintiff or Petitioner $373
  • Defendant or Respondent $373

Motions in Civil Appeal or Judicial Review 

  • Motion to Dismiss – Filing (by Respondent) $50
  • Motion to Dismiss – Response/Answer $50
  • Motion to Determine Jurisdiction – Filing $50
  • Motion to Determine Jurisdiction – Response/Answer $50
  • Motion to Continue or Extend Time – Filing $50
  • Motion to Continue or Extend Time – Response/Answer $50
Please consult the Oregon Judicial Department’s website for additional fee information.

Appellate Practice Section’s Annual Bench/Bar CLE and Social

Join your colleagues and Oregon’s appellate judges at Bridgeport Brewery for the Appellate Practice Section’s Annual Bench/Bar CLE and Social.
Monday, October 28, 2013
Bridgeport Brewing
1313 NW Marshall, Portland, Oregon
4:15-5:15 CLE: The Appellate Commissioner’s Role and Changes at the Court of Appeals.
Featuring: Honorable Rick Haselton, Chief Judge, Oregon Court of Appeals and
James W. Nass, Appellate Commissioner, Oregon Court of Appeals
5:15-7:15 – Appetizers and Beverages.
Featuring: Beer and wine generously hosted by Schwabe Williamson & Wyatt and Tonkon Torp, LLP
Registration details below:

Register by October 18, 2013
Mail registration form and check for $25 payable to Oregon State Bar to:
Meagan Flynn
1200 NW Naito Pkwy, suite 690
Portland, OR 97209
Sign me up for the Appellate Practice Section CLE & Social on October 28, 2013!
Name: _________________________________________
OSB#: ____________________________________
If you have questions, contact Meagan Flynn [email protected]


Presented Jointly by

Tuesday, October 1, 2013 – 4:00pm – 6:00pm

Standard Insurance

900 SW Fifth Avenue Basement Auditorium

Portland, OR

  • Jeffrey C. Dobbins, Professor of Law, Willamette University College of Law; Former Law Clerk to U.S. Supreme Court Justice John Paul Stevens
  • William Funk, Robert E. Jones Professor of Advocacy and Ethics, Lewis & Clark Law School; Author,Introduction to American Constitutional Structure
  • Scott L. Nelson, Attorney, Public Citizen Litigation Group; Former Law Clerk to Justice Byron R. White; Supreme Court Practitioner
And moderated by:
  • Jay Austin, Senior Attorney and Director, Endangered Environmental Laws Program, Environmental Law Institute; Board Member, Oregon Lawyer Chapter of the American Constitution Society.
Please join us to hear our distinguished panel dissect the Court’s decisions from this past term, debate the direction of the Court in the upcoming term, and provide their views on what this means to lawyers and lay people alike.  Scott L. Nelson, a litigation attorney specializing in civil appellate practice, brings experience practicing before the U.S. Supreme Court.  Jeffrey C. Dobbins has taught Federal Courts and Appellate Procedure at Willamette University’s College of Law for seven years and has published several articles on those subjects.  William Funk has written and lectured extensively on the structure of the Constitution.  This panel will be moderated by Jay Austin.
RSVP here
CLE credit of 2.0 hours is pending.
Complimentary refreshments will be provided.

Appellate Legislation Introduced

Three bills have been introduced before the Oregon Legislature that may be of interest to section members:

  • Senate Bill 50Relating to trial court jurisdiction after notice of appeal has been filed; declaring an emergency.
  • House Bill 2451Relating to judges; declaring an emergency.
  • House Bill 2562Relating to courts; declaring an emergency.
As always, the section welcomes comments from members and nonmembers.

Upcoming Brown Bag CLE


The OSB Appellate Practice Section is holding a brown bag CLE on Thursday, Feb. 28, 2013, 12:00-1:30 pm, in downtown Portland.
What Just Happened?
A Review of Significant 2012 Oregon Appellate Decisions
This panel on important 2012 decisions from our state appellate courts will feature Supreme Court Justice Virginia Linder, Court of Appeals Judge Rex Armstrong, Oregon Deputy Solicitor General Michael Casper, and Willamette Law Professor Jeff Dobbins. The speakers will identify and discuss key decisions from both appellate courts, covering a range of topics.
When:   Thursday, Feb. 28, 12:00-1:30 pm
Where:  Tonkon Torp, LLP
              888 S.W. Fifth Ave., 16th Floor
              Portland, OR
Why:     Cookies, coffee, and water provided, and feel free to bring your lunch.  Also, 1.5 general 
             MCLE credits (pending).
Cost:     $20 for Appellate Section members and $25 for non-members
Questions? Email: [email protected] or [email protected]
Register Today!

To register, print this message, fill in the name and bar number of the person attending, and send with a check for $20 (Appellate Practice Section members) or $25 (nonmembers), payable to “Oregon State Bar” to: Derek Green, Davis Wright Tremaine LLP, 1300 S.W. 5th Ave., Suite 2400, Portland OR, 97201.
Name of person(s) attending, : _________________________________________________________________
Bar number(s): ______________________________
Number of Appellate Practice Section member(s):  ____________