Laws in the news

• Title 1 Courts of record; court officers; juries

• County judge Selander retires 

  Lake Oswego Review - Dec 17, 2009

  “... Kulongoski will fill this vacancy by appoint­ment based on merit. He encourages applica­tions from lawyers with a wide variety of backgrounds and experiences. ORS 3.041 and 3.050 provide the statutory require­ments for the posi­tion of circuit court judge. ...”

  See: ORS 2007 § 3.041, ORS 2007 § 3.050
• Pretexting, Legal Ethics and Social Networking Sites 

  LLRX.com / Ken Strutin - Oct 5, 2009

  “Facebook, MySpace and other Social Networking Sites (SNS) are rich sources of incriminating, exculpating, impeaching and mitigating evidence.1 Yet, investiga­tions that lead legal professionals into SNS raise ques­tions about the ethical implica­tions of surreptitious research. ...”

  See: ORS 2007 § 9.527
• Jury Duty: We’re walking, we’re walking … we’re summoned, we’re summoned! 

  Oregon Legal Research / Laura Orr - Sep 3, 2008

  “I’m not the only one who found this story (also in the Oregonian, print on 8/30/08) interesting – see Jack Bog’s Blog post (and Com­ments). And this is not the first jury-duty story I’ve read recently about jurors in Oregon not showing up, and what happens when they don’t. ...”

  See: ORS 2007 § 10.235
•  

• Title 2 Procedure in civil proceedings

• Accidents that Result in Property Damage 

  Oregon Bike Law / Ray Thomas - Jan 12, 2010

  “. . . Few bicyclists are willing to go to small claims court to advocate for themselves. Unfortunately, this means that riders frequently grudgingly accept “low ball” offers to settle prop­erty damage claims. One tool that does exist for bicyclists is a law that gives a victim a negotiating edge. ORS 20.080 provides . . .”

  See: ORS 2009 § 20.080
• Personal injury lawsuits are not abused in Oregon 

  Mail Tribune / Loren Sawyer - Nov 29, 2009

  “Dennis Powers' guest opinion about per­sonal injury lawsuits in the Mail Tribune Nov. 22, reveals a slanted view, ignoring the body of law currently on the books which controls the very problems he wants to "fix." My best guess would be that I tried over 3,000 cases as a circuit judge in Jackson and other Oregon counties for more than 40 years. ...”

  See: ORS 2007 § 20.105
• What to do with a "small" claim? 

  Dwyer, Williams & Potter, LLP / Arne Cherkoss - Sep 9, 2009

  “Sometimes the value of a case is small enough that it really doesn’t make economic sense to hire a lawyer. For example, imagine a scenario wherein someone damages your car, and the repair cost is $3,000. ... The Oregon Legislature enacted ORS 20.080 to assist people in Oregon in just these types of situa­tions. ...”

  See: ORS 2007 § 20.080
• New Case Law – Spousal Support Amount and Disability Income 

  The Oregon Divorce Blog - Aug 24, 2009

  “On August 5, 2009, the Court of Appeals ruled in the case of Morales and Morales, in which the court modifies the trial court’s ruling with respect to spousal support based upon the wife’s ap­peal. Husband and Wife married when he was 22 and she was 17. Their marriage lasted for over 35 years. ...”

  See: ORS 2007 § 25.010
• New Case Law – an Oregon divorce lawyer’s take on why NOT to harass your spouse post separation (and a few other issues) 

  The Oregon Divorce Blog - Mar 16, 2009

  “... This case is also interesting for the attorney fee award against wife. ... While we are a no fault divorce state, the court can and will consider con­duct under ORS 20.075 (1) and ORS 20.075(2)in determining if a spouse should pay the other’s fees. ”

  See: ORS 2007 § 20.075
•  

• Title 3 Remedies and special actions and proceedings

• Personal injury lawsuits are not abused in Oregon 

  Mail Tribune / Loren Sawyer - Nov 29, 2009

  “Dennis Powers' guest opinion about per­sonal injury lawsuits in the Mail Tribune Nov. 22, reveals a slanted view, ignoring the body of law currently on the books which controls the very problems he wants to "fix." My best guess would be that I tried over 3,000 cases as a circuit judge in Jackson and other Oregon counties for more than 40 years. ...”

  See: ORS 2007 § 31.730
• Oregon Supreme Court Accepts Certified Question on Split-Recovery Statute 

  California Punitive Damages Blog - Oct 27, 2009

  “In a pre­vi­ous post we reported that the Ninth Circuit had certified the following ques­tion to the Oregon Supreme Court: When a jury has returned a verdict that includes an award of punitive damages under Oregon law...”

  See: ORS 2007 § 31.735
• Defamation Issues for Blogs 

  Oregon Intellectual Property Law / Kenan Farrell - Oct 25, 2009

  “Consider the following scenarios: You’re out surfing the internet one day and come across a false and damaging state­ment that someone has written about you on their blog or website. Maybe you’re the one writing a scathing review about a new hit movie, including unsavory stories about its lead actress. ...”

  See: ORS 2007 § 31.200, ORS 2007 § 31.210, ORS 2007 § 31.205, ORS 2007 § 31.215, ORS 2007 § 31.220, ORS 2007 § 31.225
• New Case Law: Attorney Fees – Arbitration vs. Appeal 

  The Oregon Divorce Blog / Stephens Margolin, P.C. - Mar 22, 2008

  “On March 19, 2008, the Oregon Court of Appeals, in Ornelas and Ornelas, explained the difference between awarding attorney fees in arbitra­tion ap­peals and ap­peals to the court of ap­peals. ...”

  See: ORS 2007 § 36.425, ORS 2007 § 36.405
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• Title 7 Corporations and partnerships

• From deadlock to dissolution: divorcing the Oregon LLC 

  (Un)Common Sense Lawyer - Dec 19, 2009

  “An all too-common hypothetical: friends doing business don’t plan for deadlock and the business dissolves as a result...”

  See: ORS 2007 § 63.661
•  

• Title 9 Mortgages and liens

• Rights of Tenants in Foreclosed Property 

  Kohloff & Welch - Dec 14, 2009

  “After August 2009, Senate Bill 952 allows that ... A purchaser of foreclosed prop­erty must give addi­tional notice to tenants living on the prop­erty when the purchaser intends to take pos­ses­sion of the prop­erty. ...”

  See: ORS 2007 § 86.745, ORS 2007 § 86.755
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• Title 10 Property rights and transactions

• Clackamas County, state agencies, tribes work to protect sacred sites 

  Hillsboro Argus - Oct 17, 2009

  “Discovered remains must be reported to the Oregon State Police, the State Historic Preserva­tion Office and the state Commission on Indian Services. ORS ...”

  See: ORS 2007 § 97.740
•  

• Title 11 Domestic relations

• Oregon Dissolution Jurisdiction: “Residency” vs. “Domicile” 

  Oregon State Bar Family Law Newsletter / Lawrence D. Gorin - Feb 1, 2010

  “Although the text of ORS 107.075 appears clear and unambiguous . . . case law tells us that the critical jurisdic­tional factor . . . is "domicile", not "residency". . . .”

  See: ORS 2009 § 107.075
• Who can get a restraining order? 

  The Oregon Divorce Blog / Stephens Margolin, P.C. - Sep 25, 2009

  “Oregon’s “Family Abuse Preven­tion Act” is intended to protect victims of domestic violence and allows victims of recent abuse to obtain protec­tion from an abuser. There is a lot of misin­for­ma­­tion about restraining orders, how to get a restraining order, who can get a restraining order, and what you need to show to get one. ...”

  See: ORS 2007 § 107.705
• New Case Law – Paternity 

  The Oregon Divorce Blog / Stephens Margolin, P.C. - Jul 22, 2009

  “On July 15, 2009, the Court of Appeals ruled in the case of Shineovich and Kemp, in which the Peti­tioner challenged the constitu­tionality of tow statutes under which a married man is deemed to be the legal parent of children born to his wife. ...”

  See: ORS 2007 § 109.243
• New Case Law – Lump Sum Spousal Support 

  The Oregon Divorce Blog - Apr 30, 2009

  “On April 15, 2009, the Court of Appeals ruled in the case of McLauchlan and McLauchlan. Husband ap­pealed from the trial court’s ruling in his divorce with regard to the division of prop­erty and the award of spousal support to his ex-wife. ...”

  See: ORS 2007 § 107.105
• Child Support Modification in the new economy 

  The Oregon Divorce Blog - Mar 31, 2009

  “In Oregon, child support modifica­tions are governed by Oregon Revised Statute 107.135. A modifica­tion can be instituted via a filing in the circuit court in the county in which the original order was made or by requesting a review through the Depart­ment of Justice. ...”

  See: ORS 2007 § 107.135
• New Case Law – Taking the kids back from Grandma 

  The Oregon Divorce Blog - Mar 1, 2009

  “On February 25, 2009, the Oregon Court of Appeals published an opinion in Nguyen and Nguyen. The case is an ap­peal from a custody award to grandparents. The child’s mother ap­pealed the trial court’s award... ORS 109.119 provides the require­ments that a non-biological parent, such as a grandparent must meet in order to be awarded custody. ”

  See: ORS 2007 § 109.119
• Can I get custody of my child now if he or she is in danger? 

  The Oregon Divorce Blog - Aug 12, 2008

  “...[W]hat do you do if a child is in danger now, and a full evidentiary hearing is months away? Oregon courts provide for an emergency remedy if a child is in immediate danger of harm.”

  See: ORS 2007 § 107.097, ORS 2007 § 107.139
• New Case Law: Division of trust interest 

  The Oregon Divorce Blog - Apr 23, 2008

  “With many types of assets, it is relatively easy to predict what a court will do (the marital home, retire­ment accounts where there are kids, etc.) In our experience, divorcing couples have more difficulty reaching an agree­ment on the division of inherited prop­erty and trust prop­erty. ...”

  See: ORS 2007 § 107.105
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• Title 12 Probate law

• Oregon Department of Revenue Reverses Position on Transfers Within 3 Years of Death 

  Family-Owned Business Blog - Sep 11, 2009

  “Following is a quote from the website of the Oregon Depart­ment of Revenue. In the 2006 Oregon Inheritance Tax Return instruc­tions (Rev. 8-06) for gross estate (page 1, left column), we stated the gross estate includes “...all transfers of prop­erty made by the decedent within the three-year period ending on the date of death.”...”

  See: ORS 2007 § 118.160, ORS 2007 § 118.007
•  

• Title 13 Protective proceedings; powers of attorney; trusts

• Pet Talk: How to ensure a future for your pet in the case of your death or disability 

  The Oregonian / Monique Balas - Dec 13, 2010

  “A pet trust is a legal docu­ment that authorizes a per­son to take custody of funds set aside for someone's pets in the case of the owner's death or disability.”

  See: ORS 2009 § 130.185
•  

• Title 14 Procedure in criminal matters generally

• Citizen-initiated citations 

  Sellwood/Westmoreland Blog - OregonLive.com - May 14, 2009

  “Would it be possible for ordinary citizens to cite a driver for failing to stop at a red light? Eric Bryant, an attorney who has successfully filed citizen-initiated cita­tions, seems to think so. ...”

  See: ORS 2007 § 153.058
• Yes, Virginia, You CAN Make a Citizen’s Arrest in Oregon: Who Knew? 

  Laura Orr / Oregon Legal Research - Sep 3, 2008

  “Another hitherto little noticed sec­tion of the ORS (see also the Jury "Duty" post about ORS 10.235): this time, it’s ORS 153.058, Initia­tion of viola­tion pro­ceed­ing by private party. ...”

  See: ORS 2007 § 153.058
• New campaign to bring motorists to justice 

  BikePortland.org / Jonathan Maus - Jan 4, 2006

  “...[W]ithout requiring any change in law or policy, Oregon bicyclists already have the legal tools to initiate pros­e­cu­­tion of traffic law breakers. Oregon law allows a citizen to initiate traffic viola­tion pros­e­cu­­tions in state court, AND to have police help...”

  See: ORS 2007 § 153.058
•  

• Title 16 Crimes and punishments

• A Supreme Court issue? 

  Mail Tribune / Damian Mann - Jul 27

  “Jackson County Sheriff Mike Winters ap­pealed to the U.S. Supreme Court Tuesday in his latest bid to block the issuance of a concealed handgun license to a Gold Hill medical marijuana patient. . . .”

  See: ORS 2009 § 166.291
• Hearing wraps up in strip search case 

  McMinnville News-Register / Hannah Hoffman - Sep 29, 2010

  “Public defender Paula Lawrence filed mo­tions alleging the juvenile depart­ment had broken the rules with regard to three of her juvenile clients. . . . Lawrence cited Oregon Revised Statute 169.770 as grounds.”

  See: ORS 2009 § 169.770
• Oregon Laws to Limit Adult Content from Minors Rejected 

  Anime News Network - Sep 21, 2010

  “The U.S. Court of Appeals for the Ninth Circuit, which represents the western region of the country, has struck down two Oregon laws on the furnishing of obscenity to mi­nors on Monday.”

  See: ORS 2009 § 167.054, ORS 2009 § 167.057
• Pepper spray is OK to fend off human or bear attacks 

  Mail Tribune - Jun 26, 2010

  “Richard, we sincerely hope you and your girl will never face attack by either human or bear. However, in the event that you should face an attack . . .”

  See: ORS 2009 § 161.205
• Court: Pot cardholder can carry gun 

  Mail Tribune / Damian Mann - Jun 17, 2010

  “The Oregon Court of Appeals agreed with a lower court Wednesday that Sheriff Mike Winters' denial of a concealed handgun license to a medical marijuana cardholder wasn't supported by law. . . .”

  See: ORS 2009 § 166.291
• Social gaming question posed to Cave Junction electorate 

  Illinois Valley News - May 12, 2010

  “. . . Oregon Revised Statute 167.121 enables mu­nic­i­pal­i­ties to allow and regulate social gaming within their jurisdic­tions. As such, the ques­tion being posed to Cave Junc­tion voters on the ballot is a simple one. . . .”

  See: ORS 2009 § 167.121
• Guns prohibited on campus 

  PSU Daily Vanguard / Virginia Vickery - Feb 19, 2010

  “Rule may contradict state law, campus en­force­­ment policies vague. ”

  See: ORS 2009 § 166.170, ORS 2009 § 166.370, ORS 2009 § 166.291, ORS 2009 § 166.292
• City social gaming rules vary 

  Illinois Valley News / Scott Jorgensen - Dec 23, 2009

  “Early next year, the Cave Junc­tion City Council might consider allowing citizens to vote on allowing social gaming — bingo, lotto, raffles or Monte Carlo events — to occur within city limits. ... The state grants mu­nic­i­pal­i­ties authority to regulate those activities under Oregon Revised Statute 167.121. ...”

  See: ORS 2007 § 167.121
• Will the “stripper mobile” run afoul of local laws? 

  KATU News / Dan Tilkin - Dec 22, 2009

  “Sin City banned the ‘stripper mobile’ so its promoter is taking his show on a na­tionwide tour. One stop: Portland. Because of Oregon’s lax public indecency laws, promoter Larry Beard of Déjà Vu Showgirls is targeting the city of Portland for full-nude exposure...”

  See: ORS 2007 § 163.465
• Oregon Supreme Court: ORS 162.325: Hindrance of Prosecution and Juvenile Proceedings 

  Oregon Legal Research / Laura Orr - Dec 16, 2009

  “The OJD December 10, 2009, Media Release gives a summary of this case (other Media Releases). ...”

  See: ORS 2007 § 162.325
• Oregon City boy refused medical help before his death 

  Clackamas Review / Matthew Graham - Dec 8, 2009

  “... The Beagleys de­fense argues that even if the state is right in asserting that parents have a duty to provide medical care to a child, Oregon law does not state that it is an ex­plic­it characteristic of crim­i­nally neg­li­gent hom­i­cide. In their mo­tions, de­fense attorneys for the two point to other statutes concerning mur­der and sec­ond-de­gree manslaughter, which ex­plic­itly say can be caused by “neglect or maltreat­ment.” ...”

  See: ORS 2007 § 163.145, ORS 2007 § 163.125
• Adrian man sent back to mental hospital 

  Ontario Argus Observer - Ontario,OR,USA - Nov 11, 2009

  “According to Oregon Revised Statute 161.360: A defendant “may be found incapacitated if, as a result of mental disease or defect,” and he or she is unable ...”

  See: ORS 2007 § 161.360
• Controversial laws cause questions about school, state procedures 

  Western Oregon Journal / Erin Higgins - Nov 2, 2009

  “The arrest of Jeffrey L. Maxwell, 30, covered in the "Western Oregon Journal" on Wednesday, Feb. 4, 2009, has re-ignited the sparks of an on-going na­tional controversy concerning pos­ses­sion of firearms on university campuses. ...”

  See: ORS 2007 § 166.370
• ORS 164.887 Declared Unconstitutional (Borowski): But Read the Fine Print 

  Laura Orr / Oregon Legal Research - Oct 28, 2009

  “One of the toughest lessons on the law for non-attorneys is that The Law is not black and white and that searching for The Law, or The Answer, in the texts of statutes and constitu­tions is only the beginning of the research adventure. ...”

  See: ORS 2007 § 164.887
• Abuse of pets linked to abuse in families 

  The Oregonian - Oct 20, 2009

  “Oregon, by the way, was the first state to recognize this link, enacting ORS 167.320 in 2003. The statute provides for increased penalties if someone ...”

  See: ORS 2007 § 167.320
• Oregon University System sued over campus handgun policy 

  Oregon Daily Emerald - Oct 17, 2009

  “The suit was brought forth last month by the Oregon Firearms Educa­tional ... who is licensed under ORS 166.291 and 166.292 to carry a concealed handgun. ...”

  See: ORS 2007 § 166.291, ORS 2007 § 166.292
• DA details charges against driver 

  BikePortland.org / Jonathan Maus - Aug 20, 2009

  “I just got off the phone with the Multnomah County District Attorney’s office, where the case of Johnny Eschweiler (the driver in Friday’s road rage incident) is being processed. ...”

  See: ORS 2007 § 163.175, ORS 2007 § 163.185
• Criminalizing sit and lie conduct is not rational 

  Old Town Neighborhood Blog - OregonLive.com - Jun 28, 2009

  “The city just doesn't seem to learn. It let the de facto downtown, govern­ment, i.e., Portland Business Alliance (PBA), craft and draft the anti-homeless ordinance known as "sit and lie." ...”

  See: ORS 2007 § 166.025
• Religion as Defense in Child Death: Oregon Statute 

  Laura Orr / Oregon Legal Research - Jun 22, 2009

  “Recent stories in the newspapers keep saying, “a 1999 statute” changed the law in Oregon [about religion as a de­fense when parents withhold medical treat­ment from their child] without otherwise identifying WHICH statute...”

  See: ORS 2007 § 163.125, ORS 2007 § 163.555
•  

• Title 17 State legislative department and laws

• ORS 164.887 Declared Unconstitutional (Borowski): But Read the Fine Print 

  Laura Orr / Oregon Legal Research - Oct 28, 2009

  “One of the toughest lessons on the law for non-attorneys is that The Law is not black and white and that searching for The Law, or The Answer, in the texts of statutes and constitu­­tions is only the beginning of the research adventure. ...”

  See: ORS 2007 § 174.040
• Where is the 2009 ORS? Hold Your Oregon Horses... 

  Laura Orr / Oregon Legal Research - May 12, 2009

  “This is the time of year when we start getting ques­tions from people wanting the 2009 Oregon statutes or laws. This is also the time of year when we explain...”

  See: ORS 2007 § 171.022
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• Title 18 Executive branch; organization

• Portland and the Joint Terrorism Task Force 

  BlueOregon / Chris Lowe - Dec 17, 2010

  “Do the condi­tions, require­ments and powers of the JTTF(s) under the so-called USA-PATRIOT Act and other relevant federal law require or potentially require PPB participants to violate ORS 181.575, or other rights and liberties under the U.S. and Oregon constitu­tions?”

  See: ORS 2009 § 181.575
• Portland human rights group denounces Ariz. law 

  KATU - Apr 27, 2010

  “. . . This is a stark contrast to Oregon law. Oregon Revised Statute 181 makes it illegal for law en­force­­ment agencies to devote time or resources to "detecting . . .”

  See: ORS 2009 § 181.850
• Local law enforcement backs away from punitive 287g programs 

  Facing South - Oct 9, 2009

  “Most recently, two localities in Massachusetts and Middlesex County, NJ, have dropped their controversial agree­ments with the federal govern­ment...policies like Hawaii's HB2140 which protects undocu­mented victims of crime or the 2007 Oregon Revised Statutes 181.850, which prevents local police from using agency resources to pursue immigrants whose only crime is being out of status, will help protect the right of public safety for all communities...”

  See: ORS 2007 § 181.850
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• Title 19 Miscellaneous matters related to government and public affairs

• Court of Appeals Sends Back Mac Urban Growth Plan 

  McMinnville News-Register / Nicole Montesano - Jul 16

  “The state Land Conserva­tion and Develop­ment Commission failed to apply state law properly when it upheld McMinnville’s proposed Urban Growth Boundary and Expansion Plan, the state Court of Appeals ruled this week. . . .”

  See: ORS 2009 § 197.298
• Talent council may have violated law concerning city manager's contract 

  Mail Tribune / Tony Boom - May 22

  “A group of Talent residents, including former City Councilwoman Darby Stricker, is investigating whether City Manager Jay Henry's contract is valid. They say changes were made to Henry's contract during two executive sessions in September that violated public meetings laws. . . .”

  See: ORS 2009 § 192.660
• Weldon may file second public records lawsuit 

  Lebanon Express / Emily Mentzer - May 18

  “Councilor Ray Weldon may file an­oth­er lawsuit against the city. . . . “I didn’t ask you to summarize the in­for­ma­­tion I requested; I asked for the docu­ments themselves,” Weldon states in his letter to Hitt. . . .”

  See: ORS 2009 § 192.423
• Smith resigns as public works director in Joseph 

  Wallowa County Cheiftain / Elane Dickenson - Feb 10

  “The city cited Oregon Revised Statute 192.660(2)(b), which deals with “dismissal, discip­line or complaint against a public employee,” as justifica­tion for . . .”

  See: ORS 2009 § 192.660
• Prineville running out of water 

  Oregon Business - Dec 3, 2010

  “Oregon Revised Statute 197.712 requires cities to develop a plan to supply enough wa­ter to feed their entire urban growth boundary. In Prineville, that amounts to an­oth­er 36,000 people . . .”

  See: ORS 2009 § 197.712
• The John Hall investigation; four months later and no info 

  PSU Daily Vanguard / Corie Charnley - May 27, 2010

  “It has been over four months since Professor John Hall publicly accused a student of being an FBI informant during an economics lecture. . . .”

  See: ORS 2009 § 192.501
• Portland police union files grievance over public contract negotiations 

  Oregonian / Maxine Bernstein - Mar 22, 2010

  “The Portland police union filed a grievance Monday against the city for pushing to hold negotia­tions on its contract in public. . . . Under Oregon Revised Statute 192.660 (3), labor negotia­tions shall be con­ducted in open meetings . . .”

  See: ORS 2009 § 192.660
• Neither side budges in water tug of war 

  South County Spotlight / Erica Nyberg - Jan 28, 2010

  “. . . St. Helens City Administrator Chad Olsen said that the PUD’s applica­tion circumvents an analysis of each utility’s ability to serve its customers within urban growth boundaries under the terms of Oregon Revised Statute 195, which defines urban service agree­ments. . . .”

  See: ORS 2009 § 195.060, ORS 2009 § 195.065, ORS 2009 § 195.070
• Social Media for Large Private Institutions and Government: The Commonality, Confusion and Conflict 

  Swider Medeiros Haver LLP Blog / Martin Medeiros - Nov 30, 2009

  “The so called Web 2.0 . . . has brought great change in our society: the disrup­tion, if not marginaliza­tion, of the tradi­tional print periodicals; a growing importance in intellectual prop­erty; and the rapid efficiency of in­for­ma­­tion flow. But, it also has complexities that must be attended to and not overlooked by its ease of use and entertaining value.”

  See: ORS 2009 § 192.410, ORS 2009 § 192.420, ORS 2009 § 192.001, ORS 2009 § 192.610, ORS 2009 § 192.501, ORS 2009 § 192.640
•  

• Title 19 Miscellaneous matters related to government

• DA orders police to release Taser camera video 

  KVAL News - Dec 11, 2009

  “A video captured by the Taser a Eugene police of­fi­cer used to shock a Chinese student in September is a public record and not exempt from public disclosure, the district attorney ruled on Friday. ...”

  See: ORS 2007 § 192.410, ORS 2007 § 192.502
• Comment: Public was given short shrift by commissioners 

  The Daily Astorian - Oct 17, 2009

  “The same ORS is used across Oregon. The Superintendent of NWRESD has already addressed this issue factually. In addi­tion 17 accounts were completely ...”

  See: ORS 2007 § 192.660
• Legislature should resist chipping away at access 

  The Oregonian / Tim Gleason - Mar 7, 2009

  “The Oregon Legislature has the opportunity to make a stand in support of the state's Public Records Law when it considers the long list of bills introduced in this session that would exempt in­for­ma­­tion from public access. ...”

  See: ORS 2007 § 192.501, ORS 2007 § 192.410
•  

• Title 21 Cities

• Rights of Tenants in Foreclosed Property 

  Kohloff & Welch - Dec 14, 2009

  “After August 2009, Senate Bill 952 allows that ... A purchaser of foreclosed prop­erty must give addi­­tional notice to tenants living on the prop­erty when the purchaser intends to take pos­ses­sion of the prop­erty. ...”

  See: ORS 2007 § 223.523
•  

• Title 22 Public officers and employees

• Imagine that 

  Mail Tribune - Jun 30, 2010

  “The Oregon Republican Party, which apparently is unfamiliar with the novel idea of charging people to attend fundraisers, raised a ruckus, alleging that the event violates ORS 244.040. . . .”

  See: ORS 2009 § 244.040
• What is 'confidential' in state government? 

  Mail Tribune / Jack Duggan - Jun 27, 2010

  “The Oregon Republican Party's Greg Leo said a Democratic party fundraiser violates Oregon Revised Statute 244.040 "prohibiting public officials from seeking . . .”

  See: ORS 2009 § 244.040
• Oregon Republicans charge Dems with ethics violation 

  Ashland Daily Tidings / John Darling - Jun 23, 2010

  “Oregon Republicans have accused state Democratic leaders, including Rep. Peter Buckley of Ashland, of an ethics viola­tion over a fundraising luncheon, a charge Buckley dismisses as "po­lit­i­cal games." . . .”

  See: ORS 2009 § 244.040
•  

• Title 23 Elections

• Since You Asked: Sheriff ran far ahead of write-in ballots 

  Mail Tribune - Nov 20, 2010

  “. . . we're happy to inform you that Mickey Mouse and Donald Duck continue to receive votes in races of all sorts. . . . As for the write-ins for sheriff, state law says write-in ballots will be tabulated only if it would make a difference in the outcome.”

  See: ORS 2009 § 254.500
• OSP sergeant added to Measure 74 complaint 

  Mail Tribune / Damian Mann - Oct 31, 2010

  “The law en­force­­ment officials are alleged to have violated Oregon Revised Statute 260.432, which excludes public officials from promoting or opposing any measure or candidate as part of their official duties.”

  See: ORS 2009 § 260.432
• Sheriff's complaint dismissed — Election law violation denied 

  Illinois Valley News / Scott Jorgensen - Apr 7, 2010

  “... might have been in viola­tion of Oregon Revised Statute 260.432. It states that a public employee “may not promote or oppose a candidate while on the job ...”

  See: ORS 2009 § 260.432
• Elections complaint by mayoral candidate leads to criminal investigation 

  Mail Tribune / Tony Boom - Mar 28, 2010

  “. . . Though Hamilton would not give details, he said the investiga­tion revolves around Oregon Revised Statute 260.665 Subsec­tion 2. The statute covers undue influence to affect registra­tion, voting, candidacy . . .”

  See: ORS 2009 § 260.665
• Complaint filed in recall campaign 

  Baker City Herald - Oct 21, 2009

  “A Baker City man has sent a letter to the Oregon Elec­tions Division alleging that former City Manager Steve Brocato and a current city employee, Shannon Regan, violated state law by twice signing peti­tions in the City Council recall campaign. ... Dielman contends that Brocato and Regan violated ORS 260.555(4). ”

  See: ORS 2007 § 260.555
•  

• Title 28 Public financial administration

• County considers publishing salaries 

  The Register-Guard / Matt Cooper - Dec 6, 2010

  “Responding to a citizen’s repeated requests for transparency, Lane County might start publicizing the name and salary of each county employee. But that poses privacy concerns that could put the county at odds with its own workers, an official said.”

  See: ORS 2009 § 294.250
• Lane County Government Posts Revenue and Expense Data Online 

  KEZI TV / Laura Schwander - Jan 25, 2010

  “In order to meet the reporting require­ments of Oregon Revised Statute 294.250, Lane County Govern­ment is re­quired to make its expenditures and revenues over $100 available to the public. The county already provides this in­for­ma­­tion, but now it wants to make it easier for the public to access it by posting it on­­line. . . .”

  See: ORS 2009 § 294.250
•  

• Title 30 Education and culture

• Moral Teachings 

  OPB / Kate McMahon - Oct 11, 2010

  “Marilyn Shannon said today that Oregon law requires schools to teach morality. During the show she was unclear on which law mandates that . . . , but after the show she sent us this reference.”

  See: ORS 2009 § 336.067
• Freedom of the press is first for a reason 

  The Broadside Online / Don Iler - Mar 4, 2010

  “. . . Oregon has gone even further to guarantee the freedom of student press with Oregon revised statute 351.649, which permits student publica­tions to control their content without in­ter­fer­ence from the ad­min­is­tra­­tion. . . .”

  See: ORS 2009 § 351.649
• Clackamas County, state agencies, tribes work to protect sacred sites 

  Hillsboro Argus - Oct 17, 2009

  “Discovered remains must be reported to the Oregon State Police, the State Historic Preserva­­tion Office and the state Commission on Indian Services. ORS ...”

  See: ORS 2007 § 358.905
• Representative Thatcher: School audit needed 

  Oregon Catalyst - Oct 17, 2009

  “Representatives from the WESD, the Confedera­tion of Oregon School Administrators ... (ORS 327.137). The Audits Division can con­duct financial audits but not ...”

  See: ORS 2007 § 327.137
• Oregon already bans religious attire in public schools: SB 786 Update 

  Baltimore Muslim Examiner / J. Samia Mair - Jul 16, 2009

  “The title to my earlier article on Oregon’s SB 786 "Move over France: Oregon wants to ban teachers from wearing hijabs in public schools” should really read: “Move over France: Oregon wants to continue to ban teachers from wearing hijabs in public schools.” ...”

  See: ORS 2007 § 342.655, ORS 2007 § 342.650
• A one-sentence Oregon law allows athletes to change schools, play now 

  The Oregonian / Nick Daschel - Mar 2, 2009

  “This year's tourna­ment is replete with high-profile players who have changed schools during the past year. Yet it's not that unusual for girls basketball, or many other sports in Oregon. Because of a 1983 law, Oregon is one of the na­tion's friendliest states for high school transfer students when it comes to athletic eligibility -- although that wasn't the intent of the man who wrote the bill. ...”

  See: ORS 2007 § 339.450
• Memo # 007-2008-2009 Shortened School Year Procedure 

  Oregon Dept. of Education - Dec 18, 2008

  “As you are aware, the State Board of Educa­tion has es­tab­lished educa­tional standards that each district must imple­ment. In order to qualify for State School Funds, school districts are re­quired under Oregon Revised Statute (ORS) 327.103 to maintain a "standard school"...”

  See: ORS 2007 § 327.006, ORS 2007 § 327.103
•  

• Title 31 Highways, roads, bridges and ferries

• Editorial: It's not a 'throughway' 

  The Register-Guard - Jun 5

  “We’re not judges. We’re not even lawyers. But the lawsuit filed earlier this spring by opponents of the extension of Lane Transit District’s rapid-bus service into west Eugene looks like a near-last-gasp at­tempt to derail the much-needed project. . . .”

  See: ORS 2009 § 374.010
• Clackamas County, state agencies, tribes work to protect sacred sites 

  Hillsboro Argus - Oct 17, 2009

  “Discovered remains must be reported to the Oregon State Police, the State Historic Preserva­­­tion Office and the state Commission on Indian Services. ORS ...”

  See: ORS 2007 § 390.235
•  

• Title 34 Human services; juvenile code; corrections

• Mandatory Child Abuse Reporting 

  The Single Mom's Law School Experience / Lisa - Mar 27, 2010

  “One thing we do not think about as law students, is that once we pass the bar we become "of­fi­cers of the court." One of these responsibilities that this carries is the fact that you are a mandatory child abuse reporter. . . .”

  See: ORS 2009 § 419B.010, ORS 2009 § 419B.025, ORS 2009 § 419B.015
•  

• Title 35 Mental health and developmental disabilities;

• The Olmstead Decision: Oregon’s Plan for Community Integration and Recovery 

  Mental Health Association of Portland » Blog - Oct 15, 2009

  “The Community Mental Health Housing Fund was created by the 1999 Legislature from the sale of Dammasch and is codified in Oregon Revised Statute (ORS 426.502-426.508). The statute directs 70 percent of interest earned to community ...”

  See: ORS 2007 § 426.502, ORS 2007 § 426.508, ORS 2007 § 426.504, ORS 2007 § 426.506
•  

• Title 36 Public health and safety

• Constipated Sewer Payments Finally Gets [sic] the Flush 

  Commisioner Randy Leanard's Blog - Jul 7, 2010

  “The Oregon Revised Statute (ORS) 454.225 recognizes the difficulties that may arise when recovering delinquent balances for this type of account. . . .”

  See: ORS 2009 § 454.225
• Central Oregon homeless count rises 7 percent 

  KTVZ / Mackenzie Wilson - Mar 18, 2010

  “. . . Oregon Revised Statute 458.528 designates Oregon's Housing and Community Services (OHCS) as an administering agency for homelessness policies. OHCS provides the Homeless Leadership Coali­tion with the count instruc­tions and surveys. . . .”

  See: ORS 2009 § 458.528
• City social gaming rules vary 

  Illinois Valley News / Scott Jorgensen - Dec 23, 2009

  “Early next year, the Cave Junc­­tion City Council might consider allowing citizens to vote on allowing social gaming — bingo, lotto, raffles or Monte Carlo events — to occur within city limits. ... The state grants mu­nic­i­pal­i­ties authority to regulate those activities under Oregon Revised Statute 167.121. ...”

  See: ORS 2007 § 464.420
• When disabled parking disables the disabled 

  The Oregonian - Oct 14, 2009

  “... similar situa­tion happened to me at the WinCo on 102nd Ave., Portland, Oregon. ... doesn't seem to understand what is needed to comply with ORS 447.233. ...”

  See: ORS 2007 § 447.233
•  

• Title 37 Alcoholic liquors; controlled substances; drugs

• Blue Ribbon for Baker 

  Baker City Herald - Jul 22, 2010

  “For an agency that writes press releases to tout its sales of high-end booze, the Oregon Liquor Control Commission’s newfound concern about people who brew beer or make wine in their garage, with no inten­tion of selling their wares, strikes us as passing strange. And preposterous. . . .”

  See: ORS 2009 § 471.403
• Blast from the past 

  Mail Tribune - Jul 16, 2010

  “Home brewers and winemakers are foaming over the recent news that competi­tions for makers of homemade beer and wine are illegal under an obscure Oregon law that hasn't been enforced in decades. . . .”

  See: ORS 2009 § 471.403
• Ruling creates brew-haha 

  Mail Tribune / Damian Mann - Jul 13, 2010

  “An Oregon Liquor Control Commission decision to enforce a dormant law has put the kibosh on home-brew beer or wine contests and makes it illegal to transport your own fer­menta­tion to a friend's house. . . .”

  See: ORS 2009 § 471.403
• No green zone 

  PSU Daily Vanguard / Virginia Vickery - Feb 11, 2010

  “Students unable to use medical marijuana on campus”

  See: ORS 2009 § 475.316
•  

• Title 38 Protection from fire

• Self-serve gasoline restriction has a long history 

  Mail Tribune - Jul 27, 2010

  “There are actually multiple barriers to self-service gas sta­tions in Oregon (and that doesn't even include the people who just don't like the smell of gas on their hands). . . .”

  See: ORS 2009 § 480.315
•  

• Title 41 Wildlife

• Cops draft bear policy 

  Umpqua Post / Alex Powers - Aug 11, 2010

  “At least one bear was sighted rummaging through garbage or prowling Ranch ... Under Oregon Revised Statute 498.012, an animal that causes prop­erty damage ...”

  See: ORS 2009 § 498.012
• Bear killed in WB 

  Umpqua Post / Alex Powers - Jun 9, 2010

  “A Douglas County sheriff’s deputy shot and killed a black bear Monday that had been reported prowling around homes and tipping over garbage cans in the Winchester Bay area for the past week. State wildlife authorities tried for days to trap the young bear. . . .”

  See: ORS 2009 § 498.012
• Robo Elk enters battle against poachers 

  KPIC.com - Oct 29, 2009

  “State police use decoy elk, deer, antelope, bear, turkey and other animals to put hunters to the test, and some take the bait: In 2008, the occupants of 90 vehicles stopped and fired illegally at a wildlife decoy. But state police suspect more and more would-be poachers are aware of the program and take more time to watch the decoys for mo­tion. ...”

  See: ORS 2007 § 496.996
• Bears are back in Reedsport, looking for food 

  Coos Bay World - Oct 15, 2009

  “Under Oregon Revised Statute 498.012, any animal that causes prop­erty damage can be deemed a public nuisance and killed. “A fed bear is a dead bear,” ...”

  See: ORS 2007 § 498.012
•  

• Title 45 Water resources: irrigation, drainage, flood control, reclamation

• Court may keep Oregon Water Resources Department out of KBRA negotiations 

  Siskiyou Daily News / David Smith - Jan 5, 2010

  “...Rietmann had filed a complaint, requesting that the court bar the OWRD from further participating in negotia­tions and from signing the docu­ment without first publicly disclosing all records of the confidential negotia­tions that have pre­vi­ously taken place. ...”

  See: ORS 2007 § 539.310, ORS 2007 § 539.010
• Water Rights Lawsuit Targets Secret Water Negotiations  

  Water for Life / Helen Moore - Dec 11, 2009

  “... Water for Life and a half-dozen individual irrigators have filed suit against the Oregon Water Resources Depart­ment and its Director for denying public access to the Tribal wa­ter rights negotia­tions surrounding the Klamath Basin Restora­tion Agree­ment in viola­tion of Oregon law (ORS 539.310 et seq.). ...”

  See: ORS 2007 § 539.310
•  

• Title 46 Agriculture

• Fairgrounds deal vote preceded by protests 

  The Hillboro Argus / Kurt Eckert - Mar 5, 2010

  “Booster spokesper­son Tom Black contends administrators are at­tempting to directly circumvent Oregon Revised Statute 565.230 . . .”

  See: ORS 2009 § 565.230
•  

• Title 48 Animals

• East Multnomah County organic farmer is found guilty on one count in 2010 dog-killing 

  The Oregonian / Steve Beaven - Jan 28

  “The dispute started nearly two years ago, when David Shonk complained that Jeff Freeland's dog -- a gray husky named Yukon -- wandered onto Shonk's farm and attacked his chickens. ”

  See: ORS 2009 § 609.150
• Dog issues persist in Selma 

  Illinois Valley News / Scott Jorgensen - Apr 14, 2010

  “Since a horse and unborn foal in Selma were killed by a pack of dogs on March 26, there have been at least two other reported complaints re­gard­ing similar incidents. . . . There are a series of statutes under Oregon law that codify the responsibilities of dog owners. . . .”

  See: ORS 2009 § 609.095, ORS 2009 § 609.100, ORS 2009 § 609.060, ORS 2009 § 609.140, ORS 2009 § 609.150
•  

• Title 50 Trade regulations and practices

• Confusing, Deceptive, Fraudulent & Suspicious Solicitations 

  Wilsonville Neighborhood Blog - OregonLive.com - Feb 11, 2008

  “Today I received a letter from Assumed Business Name Renewal Service of Salem. It was warning me that my business name was about to expire and that I needed to pay $100 to renew it to comply with ORS 648. ...”

  See: ORS 2007 § 648.017
•  

• Title 51 Labor and employment; unlawful discrimination

• Oregon minimum wage won't change in 2010 

  KTVZ.com - Sep 16, 2009

  “PORTLAND- Oregon Labor Commissioner Brad Avakian announced Wednesday that the state's min­i­mum wage will remain $8.40 next year. Due to a dec­line of 1.48% in the Consumer Price Index (CPI) from August 2008 to August 2009...”

  See: ORS 2007 § 653.025
•  

• Title 52 Occupations and professions

• Oregon Revised Statute error/correction: 2007 ORS 680.505 

  Laura Orr / Oregon Legal Research - May 23, 2008

  “The print 2007 ORS has a printing error affecting §ORS 680.505. The on­­line version or the ORS has been corrected. Legislative Counsel has a PDF docu­ment with the correct text that can be inserted into the 21-volume print set. ...”

  See: ORS 2007 § 680.505
•  

• Title 56 Insurance

• Oregon Proposes Rules for Producers, Crop Insurance Claims Adjusters 

  KGW.com / AP - Dec 3, 2009

  “The Oregon Insurance Division has proposed new insurance licensing rules to, among other things, charge agencies a fee for the cost of crim­i­nal records checks, as wells as to es­tab­lishe new require­ments for crop insurance claims adjusters. ...”

  See: ORS 2007 § 744.535
• Oregon: Hearing scheduled to repeal obsolete reg 

  Workers Comp Forum - Oct 12, 2009

  “... by the member insurers on Oregon workers' compensa­tion insurance polices. ... cover only the cost of workers' compensa­tion benefits, ORS 737.320 (3). ...”

  See: ORS 2007 § 737.320
•  

• Title 59 Oregon vehicle code

• Unanswered questions on Sellwood Bridge fee 

  Clackamas Review / Eric Hofeld - Feb 9

  “The ordinance cited Oregon Revised Statute (ORS) 801.041 as authority for this ac­tion. However, a careful read of ORS 801.041 reveals . . .”

  See: ORS 2009 § 801.041
• NDPD column: Officers often see violators of state's new cell ... 

  Newberg Graphic / Huntley Miller - Jan 29

  “Oregon's cell phone law requires the use of a hands-free accessory while using a mobile communica­tion device and operating a vehicle . . .”

  See: ORS 2009 § 811.507
• Helmet needed to answer bike lane question 

  The Oregonian / Joseph Rose - Nov 1, 2010

  “Last week, I breezed through what I considered a yawner of a ques­tion: Can a motorist move into a bike lane when approaching an intersec­tion to make a right turn?”

  See: ORS 2009 § 811.440
• Yes, you can be pulled over for talking on your cell phone the ... 

  Lincoln County News - Oct 4, 2010

  “. . . unlike the seat belt law under which you have to doing something else wrong in order to be pulled over, talking on a cell phone without a bluetooth or ear piece WILL put flashing lights in your rear-view mirror for that viola­tion alone.”

  See: ORS 2009 § 811.507
• An Overview of Oregon DUII 

  Paul Galm Law - Aug 24, 2010

  “In the United States, drunk driving is al­ways illegal. In Oregon, the crim­i­nal charge is known as Driving Under the Influence of Intoxicants (DUII). . . .”

  See: ORS 2009 § 813.010, ORS 2009 § 813.410, ORS 2009 § 813.450
• Is carrying someone on your bike illegal? 

  BikePortland.org / Jonathon Maus - Apr 26, 2010

  “Back in February, Portlander Ken Southerland got a ticket for at­tempting to give a friend a ride on the back rack of his bicycle. . . .”

  See: ORS 2009 § 814.460
• Does Oregon's new cell phone law apply to people on bikes? 

  BikePortland.org / Jonathon Maus - Feb 9, 2010

  “Since Oregon enacted their new cell phone law on January 1st, many people have asked me if it applies to people riding bicycles. . . .”

  See: ORS 2009 § 814.400, ORS 2009 § 811.507
• Judge: Woman hit in unpainted bike lane is not protected by law 

  BikePortland.org / Jonathon Maus - Dec 18, 2009

  “... For guidance [the judge] looked to ORS 811.060 which states 'bicycle lane’ means that part of a highway, adjacent to the roadway, designated by official signs or markings...' ...”

  See: ORS 2007 § 811.050, ORS 2007 § 811.060, ORS 2007 § 801.160
• Oregon and Washington DUI sentencing - Diversion v. Deferred Prosecution 

  Oregon DUI Lawyer Blog / Andrew Elliott - Dec 3, 2009

  “... Where Oregon has diversion, Washington has deferred pros­e­cu­­tion. ... Both of these systems have strengths and weaknesses from a public policy point of view. ...”

  See: ORS 2007 § 813.170
• Bicyclist should have let cars pass 

  Mail Tribune - Medford,OR,USA - Nov 9, 2009

  “Oregon Revised Statute 811.425, the failure of a slower driver to yield to an ... they may be creating a hazard behind them due to uphill and/or twisting, ...”

  See: ORS 2007 § 811.425
• Who Let the Dogs Out? 

  Oregon Bike Law / Ray Thomas - Nov 2, 2009

  “It is important to remember that Oregon Revised Statute (ORS) 814.430, the law that provides bicyclists with a right to the roadway, specifically extends to bicyclists the right to take the entire traffic lane in order to avoid animal hazards ...”

  See: ORS 2007 § 814.430
• Car-Doored Again? Part 1: The Law Is On Your Side! 

  Oregon Bike Law / Ray Thomas - Oct 28, 2009

  “It is al­ways a pleasure to find out that the law is in our favor when bicyclists have a conflict on the road with motorists. Usually, conflicts relate to the ques­tion of who has the right to the same space at the same time. ...”

  See: ORS 2007 § 811.490
• Willamette Week: Woman sues for over $100,000 after dooring incident 

  BikePortland.org / Jonathon Maus - Jul 10, 2009

  “...In Oregon, there is a law (ORS 811.490) that specifically prohibits opening a car door unless it is “reasonably safe to do so.” Local bike lawyer Ray Thomas has written an article on this topic where he states that, 'Fortunately, this is one of those areas where the law is on the side of the bicycle rider.'”

  See: ORS 2007 § 811.490
• New campaign to bring motorists to justice 

  BikePortland.org / Jonathan Maus - Jan 4, 2006

  “...[W]ithout requiring any change in law or policy, Oregon bicyclists already have the legal tools to initiate pros­e­cu­­­tion of traffic law breakers. Oregon law allows a citizen to initiate traffic viola­­tion pros­e­cu­­­tions in state court, AND to have police help...”

  See: ORS 2007 § 810.410, ORS 2007 § 811.490, ORS 2007 § 811.280, ORS 2007 § 811.350, ORS 2007 § 811.050
•  

• Title 61 Small watercraft

• Allow quiet, clean four-stroke motors on Waldo Lake 

  Oregonian / Rob DeHarpport - Nov 28, 2009

  “The Oregon State Marine Board should rule to "modify" gas powered motor usage on Waldo Lake, the modifica­tion/compromise would eventually allow only clean, quiet, modern four stroke and fuel injected motors. A common sense modifica­tion/decision such as this would allow the handicapped and physically challenged to continue safe naviga­tion on this Oregon treasure. ...”

  See: ORS 2007 § 830.195, ORS 2007 § 830.175
•