Hon. Timothy J. Sercombe Retiring from Oregon Court of Appeals

The Honorable Timothy J. Sercombe, Judge of the Oregon Court of Appeals, has announced that he will be retiring effective July 1, 2017.

Judge Sercombe became a judge of the Oregon Court of Appeals in 2007. Before joining the Court of Appeals, he

  • practiced law with the Portland firm Kirkpatrick & Lockhart Preston Gates Ellis (1991-2007), emphasizing municipal, land use, utilities, appellate, and administrative law
  • practiced law with Eugene firm of Harrang, Long, Gary & Rudnick (1977-91)
  • served as law clerk to Oregon Supreme Court Justices Kenneth O’Connell and Berkeley Lent (1976-77)

Judge Sercombe is a member of the Oregon State Bar, Multnomah County Bar Association, and the Oregon Appellate Judges Association. He writes and speaks frequently on municipal, land use, and constitutional law.

Judge Sercombe was born in Missouri and grew up in Connecticut. He graduated from Northwestern University in Illinois (B.A. 1973) and the University of Oregon School of Law (J.D. Honors Graduate 1976). After college, he worked as a paralegal before moving to Oregon to attend law school.

Judge Sercombe is active in his church as an elder and chancel choir member and enjoys music, theater, travel, and other family activities.

2014 Oregon Appellate Court Dinner

The Clackamas County Bar Association cordially invites its members, non-members, and guests to the 2014 Oregon Supreme Court and Court of Appeals Dinner!

What:   2014 Oregon Supreme Court and Court of Appeals Dinner

When:  Thursday, October 30, 2014
             5:30 p.m. Cocktails; 7:00 p.m. Dinner
Where: Lake Oswego Country Club
20 Iron Mountain Blvd.
             Lake Oswego, OR 97034

RSVP Deadline: October 22, 2014

Menu Options
  • Roasted Beef Prime Rib
    • Whole roasted beef boneless rib, hand carved, with an Oregon Pinot Noir sauce and creamy horseradish.
  • Macadamia Nut Crusted Mahi Mahi
    • Fresh Hawaiian Mahi Mahi topped with crushed macadamia nuts and citrus beurre blanc.
  • Wild Mushroom Strudel
    • Mix of sautéed forest mushrooms, Chevre, Parmesan and aged Gouda cheeses, baked with fresh herbs and wrapped in Filo pastry with a Truffle cream sauce.
  • Delectable Dessert – Seasonal Trio

Cost per person for CCBA members and guests: ……..$48.00

Cost for non-CCBA members and guests: …………….$54.00
Please complete and return your reservation with your name, telephone number, email address, and dinner selection, and payment (Check or PayPal Confirmation No.) to:
– CCBA Court Dinner, PO Box 852, Oregon City, OR 97045
– Email RSVP: [email protected]
– Fax RSVP: 503-658-7394

Mandatory eFiling Coming to a Court Near You!

Oregon Supreme Court Chief Justice Thomas A. Balmer has approved a plan for a mandatory eFiling requirement for attorneys filing cases in Oregon’s circuit and appellate courts. The Oregon Judicial Department will circulate proposed court rules in the upcoming months for comment. The plan calls for a mandatory date of December 1, 2014 for the eleven circuit courts that currently have the eFiling component of the Oregon eCourt system, and includes a transition plan for those courts implementing the system later.

Mandatory eFiling for attorneys filing in the Court of Appeals and Supreme Court is expected to begin in the spring of 2015, following an amendment to the Oregon Rules of Appellate Procedure. Mandatory eFiling for the Oregon Tax Court will be assessed at a later date.

Click here for more information from the Oregon State Bar.

First Article Published for the 2014 Appellate Almanac!

The Executive Committee is pleased to present our members with the first article for the 2014 Appellate Almanac, a profile of the Honorable David Schuman, who recently retired from the Oregon Court of Appeals.  Danielle Lordi, a former clerk for Judge Schuman, kindly volunteered her time to author the article.

Again, if you would like the opportunity to contribute to the 2014 Appellate Almanac, please let the Executive Committee Chair know.

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 www.classroomlaw.org/donate/legal-citizen-dinner.

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.

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.