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

This wikilog article is a draft, it was not published yet.

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

COVID-19 Motions

4/6-7/20 | Instructions (REVISED) for filing a habeas case for people in jails and prisons currently unprotected against coronavirus. Tara Herivel

• Petition for writ of habeas corpus

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

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

• [[Media:Immigration_info_sheet_Oregon.pdf | Immigration information about COVID-19 from the State of Oregon, English version]

• [[Media:Immigration_info_sheet_Oregon-Spanish.pdf | 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

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

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

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

Find Your Local Court [1]

Benton County, 3/27/20 [2]

Clackamas County

• 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

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

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

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

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

Lane [3]

• 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 [4]

• 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]

• Circuit Court Update, 3/13/20

• Press Release 3/27/20

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

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

Washington County [5]

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

• Presiding Judge Order, 3/25/20

Additional Resources

[ 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