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

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

Contents

NEW COMMUNIQUES

Added 1/13/2021 Letter on Covid Vaccine

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

Added 11/18/2020 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

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)

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

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

Vaccine Information

OCDLA is collecting information from members and posting it here. Be sure to check Oregon Health Authority for the latest information.

Kaiser

Member Experiences with getting vaccine appointment through Kaiser
If you have contact with people in a correctional setting, you can set up a vaccination appointment. Call 800-813-2000 for more information. You might not have to be a Kaiser member. It is not known what documentation is required to show that you have contact with people in correctional settings, if any.

Call Kaiser at (877) 792-6282.  They will walk you through it. If you’ve been a patient of theirs within the last few years it goes faster. Otherwise you’ll have to get an Oregon health record number which could take one to two weeks longer. They will explain all that to you when you call, how to make sure you qualify and what to bring to prove it when you arrive. 

Public defense providers and private bar attorneys are eligible for vaccination on January 23.

Phase 1B officially begins January 23, 2021. Some local health departments and providers have made vaccines available to public defense providers ahead of that official date. You should call your local health care provider to inquire about making a vaccine appointment.

No official documentation is presently required of you and, in most cases, self-attestation is sufficient. However, some providers have been asked to show an Oregon State Bar number or card.

The Office of Public Defense Services will provide a letter verifying public defense provider work status for contracted attorneys, providers who work for a contracted entity (attorneys, support staff, etc.), or for vendors funded through non-routine expenses (investigators, interpreters, etc.).

If you would like a letter from the agency to aid in preparing for a vaccine appointment, please contact Amanda Deyerle-Olney, Amanda.Deyerle-Olney@opds.state.or.us or 971-332-1127.

If you have any other questions, please feel free to reach out to Kaysea Dahlstrom, OPDS Executive Assistant, Kaysea.R.Dahlstrom@opds.state.or.us.


Marion/Polk Counties and other areas

COVID-19 Vaccination Information and Paperwork Packet | Salem Health https://www.salemhealth.org/covid-19/covid-vaccine


The vaccine clinic is closed January 18 and January 20.


No proof of residency is required. No documentation of contact with people in correctional settings required, just your attestation when asked by the screener in the car line. Some people have been asked to show documentation and their court card has been sufficient. Do not let them turn you away because you are not a health care worker. You can fill out the paperwork ahead of time via signing up for Salem Health My Chart or print the paperwork and bring it with you.

The entrance is off Lana Ave. Just follow the long line of cars and look at the map in the website above.

After you park, there will be two lines - one for those who signed up through My Chart and those that have the paperwork with them. Next, you will show your driver's license and check in and get the vaccination card. Then you will get your vaccine. They are giving out the Pfizer vaccine.


Linn County

Some members have driven to Marion Co. Fairgrounds to be vaccinated. No questions about showing proof of residency or proof of work in Marion County. Upon arrival for the vaccines, members have been successful by stating that they go into correctional settings and residential facilities. You can try driving there and waiting in line or visiting this website: https://www.salemhealth.org/covid-19/covid-vaccine

Alternatively, see the Kaiser information above.


Multnomah County

See the Kaiser information above.

For employees at public defender offices, contact your employer for vaccines being set up through the Mult Co Health Department.


Washington County

Attorneys and PIs who have contact with people in correctional settings can get vaccinated.

Use Kaiser instructions above.


Coos County

Defense lawyers who go into correctional facilities such as the Coos County Jail or Shutter Creek Prison are being considered eligible for the Moderna vaccine currently being administered at Bay Area Hospital. Call 541-269-8111 and ask for personnel in charge of vaccine administration to find out what day/time next week more vaccinations are being performed. A one-page form must be filled out and signed. It has a question on it that asks if you can certify that you are a healthcare worker. You can put “no” or leave it blank and explain to the person administering your shot that you have contact with inmates in correctional facilities as part of your work duties. Proof such as pay stub, business card, or bar license may be helpful. Most of the local public defender office and defense consortium got their first dose January 13, and were not turned away.


Deschutes County

Sign up online through St. Charles: https://www.stcharleshealthcare.org/professionals/covid-19-vaccine-request.


Jackson & Josephine County, Rogue Valley

Asante, the hospital, is scheduling vaccines sooner than Jackson County Public Health. For Asante, call 541 789-2813 then press 2.

You can also signup online here: https://www.asante.org/covid-19/vaccine-clinic/ You will have to indicate that you work at / must visit a correctional facility to perform your job.

Criminal defense attorneys were added to group 1a but there was no guidance on where to get the vaccine. Jackson County Public Health will schedule you if you visit correctional facilities. Call Jackson Public Health, 541-774-8209 then press 4.


Lane County

Some members have driven to Marion Co. Fairgrounds to be vaccinated. No questions about showing proof of residency or proof of work in Marion County. Upon arrival for the vaccines, members have been successful by stating that they go into correctional settings and residential facilities. You can try driving there and waiting in line or visiting this website: https://www.salemhealth.org/covid-19/covid-vaccine

Alternatively, see the Kaiser information above.

Lincoln County

Lincoln Co update, Jan. 19: Vaccines for people in 1a and 75 and over are being held at the Newport Fairgrounds [Lincoln County Commons] Weds through Friday this week (Jan 20-22). Appointments are going fast.


Union County

Sign up to get the vaccine here: https://www.chdinc.org/get-vaccinated

No letter required to show that you have contact with the correctional setting, you just have to certify it.

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

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

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


03/27/20

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

Oregon Judicial Branch

Oregon Health Authority

Office of Emergency Management

Oregon State Bar COVID-19 Resources

Office of Public Defense Services COVID-19 Page

Oregon Justice Resource Center COVID-19 Page

Oregon Dept. of Justice Building Closures]

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

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

Clatsop County

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

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

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

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

Josephine County Josephine County Presiding Judge Order, 3/17/20

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

Lane [2]

Marion [3]

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

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

Washington County [4]

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