Resources for Defenders Responding to the COVID-19 Crisis in Oregon

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by: Admin@ocdla.org • March 27, 2020 • no comments

Orders from the Chief Justice

3/10/2022 Chief Justice letter regarding updates to Covid-19 policies in court

3/10/2022 Chief Justice Order lifting vaccine requirement

3/9/2022 New CJO revising and generally lifting mask requirements in the Oregon state courts

12/21/2021 New CJO Extending Presiding Judge Authority re Social Distance Guidelines

9/7/2021 New CJO Updating Social Distance Requirements in State Courts

8/13/21 New CJO Requiring Masks in State Courts

7/30/21 Chief Justice Order Certain Mask Reinstatements

7/30/21 Letter from Chief Justice Walters

06/28/21 Chief Justice Order Establishing Updated Directives Related to Court Operations

03/31/21 Chief Justice Order imposing updated restrictions on court operations. Check the County section below for updated presiding judicial orders for certain counties. OCDLA welcomes submissions from members to help keep this page updated.

Added 1/13/2021 Letter on Covid Vaccine

Added 12/22/2020 Letter from Chief Justice to Oregon Bar

Added 11/18/2020 CJO 20-047 Chief Justice Order imposing in-person restrictions on court operations during statewide 'freeze.'

Added 10/30/2020 Chief Justice Order Regarding the use of face coverings in the Oregon State Courts

• Letter from Chief Justice Walters regarding new Face Coverings order

Added 10/20/2020 Chief Justice Order extending statutory time periods and time requirements in DUII diversions. Related to Oregon Laws 2020, chapter 12, section 6, which became effective on June 30, 2020 (HB 4212)

• https://olis.oregonlegislature.gov/liz/2020S1/Downloads/MeasureDocument/HB4212/Enrolled

Added 9/25/2020 Joint statement to Governor Brown to safely reduce Oregon's prison population.

Added 8/4/2020 Letter from Chief Justice Walters Regarding OJD Remote Hearings Workgroup

7/31/2020 Letter from Chief Justice Walters to Bar Members Regarding Covid Court Operations

07/23/20 Covid Notice From Courts / Letter to Chief Justice Martha Walters From the OCDLA Juvenile Committee

07/21/20 CJO 20-029 Approving Out-of-Cycle Amendment of UTCR 21.090(4), facilitating e-filing of notarized documents

07/21/20 CJO 20-028 Directing or Permitting Appearances at Arraignment by Remote Means

07/21/20 CJO 20-027 Extending Statutory Time Periods and Time Requirements to Certain Tax Appeals

07/16/20 County Covid Testing Resources, compiled by the Oregon Justice Resource Center for formerly incarcerated Oregonians and their households.

06/30/2020 Oregon Supreme Court Order Regarding 2020 Bar Exam

06/02/2020 Letter advocating a safe plan transitioning prisoners out of prison

05/15/2020 Chief Judge Order Imposing "Level 2" AND "Level 3" Restrictions on Court Operations

04/27/2020 Chief Judge Order Amending Order 20-03, Procedural Changes to Court of Appeals

04/20/2020 Letter to Oregon State Bar, Chief Justice Walters

04/15/2020 Covid Crisis Line - 503-329-9740 – for incarcerated folks in Oregon & Washington, Beyond These Walls

04/10/20 State Hospital memo announcing increased admissions during Covid-19

• Office of Administrative Hearings memo extending restrictions on in-person hearings through end of May

4/7/2020 Chief Justice Walters' Order Requiring Scheduling of Habeas Corpus Hearings during Level 3 Restrictions

Vaccine Information

Be sure to check Oregon Health Authority for the latest information.

COVID-19 Motions

Trial Court Addresses

8/14/20 Complete, updated packet with instructions, forms and petitions for habeas pro se filing, Tara Herivel

6/16/20 Demurrer to elevated Theft I charge based on Covid-19, Matthew Watkins

5/07/20 -- Updated Covid-19 instructions, forms and habeas petitions to initiate case and get counsel appointed, Tara Herivel

• Updated Instructions for Habeas Pro Se Filing

• Blank Covid-19 Habeas Petition

• Blank forms - affidavit of eligibility, motion for appointment of counsel, and habeas statute

• Petition for writ habeas corpus, non Covid-19

• Motion for disqualification of a judge

• Affidavit in support of disqualification of to disqualify a judge

• Proposed order to disqualify a judge

4/16/20 NACDL provided affidavit from Brie Williams, MD, for use in application for release from custody, dated 3/27/2020

4/14/20 | Memorandum re: Right to counsel for in-custody clients during Covid-19, OPDS

4/1/20 | Covid-19 Release Motion - Murder Case This motion addresses the factors to be considered for release under ORS 135.240. Though particular to a murder case, the framework is applicable to any case. There is a Supplemental Memorandum that explains why a Release Hearing should be conducted now regardless of the fact that a Request for a Release Hearing ordinarily is made at arraignment and the defendant has previously waived the right to a Release Hearing. The documentary attachments are available on request to andysimrin@oregonappeals.net. Andy Simrin

• Supplemental Memo if release hearing waived

CDC Inmate Release Prep Sheet

03/24/20 | Defendant’s Motion for Release | Tara Herivel

03/21/20 | Draft Motion for Review of Detention | Lisa Hay

03/20/20 | Template for a Motion to Challenge the Continued Pretrial Confinement of at-risk Clients | NAPD/NACDL

03/20/20 | Emergency Motion for Signature Bond | NAPD/NACDL

03/20/20 | Motion to Release on Personal Bond | NAPD/NACDL

03/20/20 | Release Motion | NAPD/NACDL

03/19/20 | Motion for Recognizance and Release Memo | Update as the numbers have gotten worse

03/17/20 | Motion to Continue | US District Court Middle District Tennessee

03/16/20 | Law in the Time of Corona: Federal Defense Edition | Stephen R. Sady

Member Communication

03/31/20

• OCDLA Legislative Director Letter to Members - Updates and Resources

03/27/20

• | Amended Chief Justice Order 20-006 restricting court hearings and operations 3/27/20

• Press Release Accompanying Amended Order

• Order related to CJ’s Amended Order authorizing suspension or waiver of fees

• Order related to CJ’s Amended Order regarding electronic signatures

• Letter to our Members

• | OCDLA Legislative Director Update

• | Co-Chairs' Letter of Recommendations, Interim Special Joint Committee on Coronavirus Response

Community Organization Letters

OCDLA signed on to the following letters with ACLU, Disability Rights Oregon, Oregon Justice Resource Center, and Sponsors:

3/23/20 Community Organizations Joint Letter to Chief Justice Martha Walters

3/19/20 Community Organizations Joint Letter to Governor Kate Brown

3/17/20 Community Organizations Joint Letter to Oregon District Attorneys

3/17/20 Community Organizations Joint Letter to Oregon State Sheriffs Association

3/16/20 Community Organizations Joint Letter to Colette Peters, Oregon Dept. of Corrections

3/15/20 Community Organizations Joint Letter to Washington County Sheriff Pat Garrett and District Attorney Kevin Barton

Oregon Agency COVID-19 Communications

Governor Brown COVID-19 Page

Governor Brown Executive Orders Page

Added Feb 5, 2021 Oregon State Hospital Expedited Admissions Memo

• Immigration information about COVID-19 from the State of Oregon, English version

• Immigration information about COVID-19 from the State of Oregon, Spanish version

Oregon Judicial Branch

Oregon Health Authority

Office of Emergency Management

Oregon State Bar COVID-19 Resources

Office of Public Defense Services COVID-19 Page

• OPDS Letter to Providers 3/19/20

Oregon Justice Resource Center COVID-19 Page

Oregon Dept. of Justice Building Closures]

• Dept. of Corrections Visitations Policy 3/12/20

DMV asking law enforcement discretion

Department of Corrections

Oregon Justice Resource Center's Tracking Covid in Oregon Prisons Tool

Or. Dept. of Corrections Covid-19 Response Page, click here for updates

ODOC Covid-19 Tracking Tool

Prison Employee Tests Positive, Oregonian 4/1/2020

Juvenile Law

Oregon Youth Authority

National Juvenile Defender Center

ABA Tips on Conducting Remote Hearings in Child Welfare Cases

Supporting children and teens in foster care during the global COVID-19 crisis.

5/1/2020 New DHS guidance regarding visits for parents/relatives and children/young adults.

3/27/20 Letter from Children's Bureau Addressing Issues Related to Courts and Visitation

Joint Statement—Guidelines for Separated Parents during COVID-19 from Association of Family and Conciliation Courts and American Academy of Matrimonial Lawyers

State Family Law Advisory Committee Information for Parents Sharing Custody during COVID-19

03/24/20 DHS Guidance for Contact in Permanency Work/COVID-19

• SFLAC Guidelines for Parents Sharing Custody During COVID-19 Pandemic

• DHS Guidelines Regarding Visits for Parents/Relatives and Children/Young Adults 4.3.20

Successful Video Visits With Young Children

8 Tips For Keeping Kids Engaged During Phone Or Video Calls

Five Tips to Make the Most of Video Chats

List of books to read and record for your child. Consider in family law cases suggesting that people record themselves reading a book (see the list for ideas) to the child and then give the child the book and the recording, or send a video. This is what United Through Reading does.

County Actions and Official Web Links

View all current statewide judicial orders and information regarding COVID-19

Trial Court Addresses

Find Your Local Court [1]

Baker County, 3/27/20 Amended Order of Level 3 Restrictions, 3/27/20

Benton County, 3/27/20 Benton County Circuit Court Modified Court Operations

Clackamas County

• Presiding Judge Order 9/10/21

• Presiding Judge Order 6/28/21

• Presiding Judge Order 3/24/21

• Presiding Judge Order 1/22/21

• Clackamas News Release January 2021

• Presiding Judge Order 11/23/2020

• News Release, November 2020

• New Presiding Judge Order 11/9/2020

• Presiding Judge Order 10/07/2020

• Presiding Judge Order 04/27/20

• Presiding Judge Order 4/20/20

• Expanded precautions at the jail, Sheriff's Office memo, 4/3/20

• Presiding Judge Order of Level 3 Restrictions, 3/30/20

• News Release, 3/30/20

Clatsop County

• Presiding judicial order regarding visitation in juvenile dependency, 4/2/2020

• General Order of Level 3 Restrictions, 3/17/20

• Clatsop Letter preceding Order

Deschutes County Central Oregon SOS - help for Central Oregon employers and employees

• Amended Order of Level 3 Restrictions, 3/27/20

• Press Release on Amended Order

Douglas County Presiding Judge Order suspending SLR 1.151, 3/17/20

• Order of restrictions for criminal cases and FEDs, 3/17/20

• Amended order of restrictions for criminal cases and FEDs, 3/17/20

• Order restricting attorneys to appear by telephone, 3/17/20

• Order restricting operation of treatment courts, 3/17/20

• COVID-19 Impact on Social Services in Douglas County, 4/7/20

• Douglas County Service Provider Services Update as of April 10, 2020

Grant County Grant County Is Still Open for Business, accessed 4/2/20

Hood River Hood River COVID-19 Resources

Jackson County Jackson County Court Protocol, 3/13/20

• Medford & Jackson County Southern Oregon Strong

Jefferson and Crook Counties Presiding Judge Order, 4/17/20

Josephine County

Presiding Judge Order Updated Directives re Court Operations, 8/25/21

Josephine County Presiding Judge Order, 3/17/20

Klamath County Klamath County COVID-19 Guidance (Chamber of Commerce)

Lane [2]

• Lane County Covid 19 Operations 3/12/2021

• Lane County Covid 19 Operations 9/30/2020

• Lane County Covid 19 Operations 6/16/2020

• Lane County Information

• Presiding Judge Order, 3/20/20

• Order after CJO 20-006 Amended order, 4/1/20

• Lane Co. circuit court Covid-19 Management Plan, 4/1/20

Marion [3]

• Presiding Judge Order adoptin CJO 21-035 implementing updated social distancing court operations Sept. 7, 2021

• Presiding Judge Order adopting CJO 20-047 statewide "freeze" through Dec. 2, 2020

• Presiding Judge Order adopting CJO-016 and CJO 20-045 implementing provisions through March 31, 2021

• Presiding Judge Order adopting CJO-016 implementing provisions through March 31, 2021

• Presiding Judge Order regarding Salem Keizer school district and Covid-19, 10/30/2020

• Presiding Judge Order as to Juvenile Proceedings, 3/20/20

• Presiding Judge Order, 3/20/20

Multnomah County [ https://www.courts.oregon.gov/courts/multnomah/Pages/default.aspx]

• New PJO extending Covid-19 Transition, 08/26/21

• Multnomah County Presiding Judge Order requiring masks in court facilities extending through September 6, 2021, 07/29/21

• Mult. County Court Information Sheet, 04/10/20

• New PJO for criminal hearings, 04/10/20

• New PJO for family law hearings, 04/10/20

• New PJO for civil hearings, 04/10/20

• COVID-19 Court Update, 04/03/20

• Press Release 3/27/20

• Presiding Judge order vacating warrant, issues citations in lieu, 03/17/20

• Circuit Court Update, 3/13/20

Tillamook County Press Release, 3/17/20

Umatilla County [ https://www.opb.org/news/article/umatilla-county-oregon-suspends-habeas-corpus-hearings-coronavirus/ Habeas Corpus Hearings Suspended, 4/1/20 ]

Union and Wallowa Counties Court Notification

• Presiding Judge Order October 21, 2020

• Union County COVID-19 Updates and Resources, Chamber of Commerce

Washington County [4]

• New emails for attorney communication during COVID-19, 04/06/20

• Presiding Judge order continuing Level 3 Restrictions, 03/30/2020

• Order - In custody appearances, temporary suspension of SLR 6.011, 3/25/20

Yamhill County Jan.24, 2021: Here is the status of jury trials in Yamhill County per our PJ Easterday as of January 25, 2021

Most Jury Trials postponed through March 12, 2021: Most jury trials will remain suspended through at least March 12, 2021. Jury trials may still proceed where a statutory or constitutional right is implicated or if the Presiding Judge finds good cause upon motion of a party or by the court.

Yamhill County is currently at the Extreme Risk Covid-19 level pursuant to Executive Order 20-66. Oregon Supreme Court Chief Justice Order(CJO) 20-047, “Order Imposing In-Person Restrictions on Court Operations During Statewide ‘Freeze,’” is currently in effect. The court is following the Chief Justice Order. The restrictions on conducting jury trials will remain in effect until the CJO 20-047 is terminated. At that time jury trials will resume two weeks following the lifting of the CJO’s restrictions.

Additional Resources

From Dan Bouck, Umpqua Valley Public Defender,

Oregon Health Authority Medical Isolation and Quarantine Bench Book, 2019

"I was just appointed on a medical commitment case. Client tested positive for COVID and doesn’t like the idea of being forced into quarantine. The rules are very similar to a civil commitment case. It is very likely we will start seeing these cases all over the state. The court gave me a copy of the bench book for these hearings."

04/15/2020 Covid Crisis Line - 503-329-9740 – for incarcerated folks in Oregon & Washington, Beyond These Walls

[ https://www.intherooms.com/home/ In the Rooms, an online addiction recovery community]

Updates from Sen. Michael Dembrow

Portland Police Response

Portland Police Community FAQ

03/31/20 | Free online sources of legal research: "Legal Research in the Time of Covid-19, Pt 1: General Legal Resources," courtesy of Lee Van Duzer (Mr.), Law Librarian, Washington County Law Library

03/31/20 Free online sources of legal research: "Legal Research in the Time of Covid-19, Pt 2: Covid-19 Legal Resources," courtesy of Lee Van Duzer (Mr.), Law Librarian, Washington County Law Library

03/27/20 Hundreds of former DOJ officials and federal judges urge President Trump to commute sentences and create emergency advisory group to respond to COVID-19 challenges

3/24/20 Civil rights action against Columbia County Jail

3/25/20 Report on Mar 25 Oregon Youth Authority Conference Call

Tips for Online Court Procedures for Defense Attorneys, Texas Indigent Defense Commission PowerPoint | Courtesy, Marc Brown, OPDS

Low/No-Cost Technology Options for Virtual Participation and Contact, Courtesy, Amy Miller, YRJ

Attorneys Speak Out About Prisoners' Phone Records |

Statement re Kathleen Correll, 3/27/20

3/13/20 Message from Norman Reimer, Executive Director, NACDL

Message from Nina Ginberg, NACDL President

3/11/20 Statement from the Federal Defender of Oregon

Other State Court Orders

04/03/20 Massachusetts Supreme Court ordering any defendant who is eligible for bail and not charged with violent or serious offense be released from custody due to COVID-19

03/22/20 Supreme Court of New Jersey Response

03/20/20 Supreme Court of Washington

03/16/20 Supreme Court of the State of Hawaii Response

Federal Resources

Bureau of Prisons' Coronavirus Page

Federal Defender Coronavirus Resource Page