Lane County takes over where Governor Kate Brown left off. During Governor Brown's last few months in office, she granted clemency to 17 persons on Oregon's death row. She issued an order that created a path for nearly 7,000 Oregonians to seek reinstatement of their suspended driver's licenses and removes the associated fines and fees worth approximately $1.8 million. That was after she commuted 1,204 sentences who demonstrated growth in rehabilitation, and removed 47,144 convictions of possession of marijuana forgiving $14million in fines and fees.

Earlier in 2022 Brown released 953 convicted felons including 70 that committed crimes as juveniles including murder. She justified these orders as being in response to legislation such as SB 2013 (2019) that narrows the definition of aggravated murder. Has the Oregon legislature gone too far?

Now counties are feeling empowered to ignore the constitutional obligation under Article I, Section 43 (5) directing the District Attorney to provide remedy by due course of law for violation of a right. Lane County District Attorney, Patricia W. Perlow, is responding to claims saying victims have no rights.

Perlow writes, “This letter is to inform you that your case has been dismissed due to the lack of resources at the District Attorney's Office.” She sites recruitment and retention issues and backlog of cases from Covid-19. Perlow goes on to say, “As a consequence, and effective immediately, the District Attorney's Office will be dismissing and not filing criminal charges in the foreseeable future on the following offenses:

• All misdemeanor and non-prison eligible Class C property-crimes (e.g. theft 1, 2, and 3, identity theft, unauthorized use of a vehicle, burglary 2, etc);
• Driving while suspended'
• Failure to register as a sex offender;
• Disorderly conduct 1 & 2;
• All possession of a controlled substance charges;
• Delivery of controlled substances charges that are non-prison eligible;
• Criminal trespass 2; and
• Criminal mischief 2 & 3.”

A D V E R T I S E M E N T

A D V E R T I S E M E N T

Criminal investigators are sworn police officers that give investigative and trial assistance to Oregon State prosecutors and district attorneys. District attorneys have an obligation to determine whether the case has any merit in review of relevant statutory and case law. Offenses against property are defined in Oregon Revised Statutes Chapter 164 and penalties in Chapter 161. Courts and district attorneys don't have the authority to ignore victim rights. Refusing the case does not nullify the act, but it will attract predators to their county.

Some of the bills introduced into this 2023 legislative session may aggregate the issues Lane County is experiencing. Perlow doesn't say they have a funding issue, only staffing issues. One bill that has support of the Oregon State Bar is SB 306, which will modify statutes to allow for non-attorney associate members of the Oregon State Bar to practice law in certain scope of practice. However, the Oregon Trial Lawyers Association went on record opposing the adding of a class of legal practitioners who have not gone to law school or passed the bar. “It is modeled after a program in Washington state that was a failure and discontinued due to lack of interest.” They continue, “If the legislature decides to proceed with this program, we should make sure that Oregonians who might benefit from this type of legal service have rigorous consumer Protection…. This new type of practitioner can make a mistake as consequential as a mistake made by a lawyer... That means that harm caused by their negligence would be borne by their client. From a consumer protection perspective this makes absolutely no sense.” The bill is scheduled for a Work Session February 2.

After the Lane County DA issued her statement of no workers to develop cases, Lane County Circuit Judge Jay McAlpin submitted testimony on SB 235 to increase the number of circuit court judges by seven, one for Lane County.

Senator James Manning Jr. (D-Eugene) introduced SB 689, which directs the Oregon Criminal Justice Commission to create a pilot grant program funding three coalitions for the creation of nonpolice responses to minor instances of crime. The program is geared towards responding to 9-1-1 or nonemergency police calls. The bill removes the pursuit of justice from the police force putting it in the hands of nonprofit organizations and county governments. It provides authority to address the commission of crimes of theft, trespass, littering, prostitution, possession of controlled substance or illegal drugs, interfering with public transportation, and an attempt to commit a crime providing services in a proactive manner. All the bills passed in the past several legislative sessions have been to reform police aggressiveness and would not apply to this second level of enforcement.

Some other bills introduced that may help or hinder counties in work load issues:

• HB 2400 authorizes the court to issue order requiring person to appear upon failure to appear on Class E violation citation, and to issue arrest warrant upon further failure to appear.
• HB 2525 creates a crime of retail theft in the second degree as a Class B misdemeanor if value is less than $500, Class A misdemeanor if value if between $500 and $1,000, Class C felony if more than $1,000. Retailers may bring the case in any county the merchandise is sold.
• SB 311 increases statute of limitations for action for false claims from three years to five years. Work session scheduled for January 31.
• SB 618 establishes procedure for charging aggravated version of offense when defendant commits felony while wearing body armor. Public hearing scheduled January 31.
• SB 664 creates a crime of threatening to commit a terroristic act as a Class C felony.
• HB 2131 establishes process by which person may file notice of intent to pursue post-conviction relief in order to commence proceeding and, if eligible, obtain appointed attorney.
• HB 2133 requires district attorney offices to develop victims' rights form and to provide form to all victims upon initiation of prosecution.
• HB2134 directs Department of Public Safety Standards and Training to establish training program for deputy district attorneys.
• SB 697 modifies process for setting aside convictions and guilty except for insanity judgments. Eliminates requirement that person submit fingerprint card with application. Eliminates ability of district attorney to object to motion. Provides that dismissal of traffic violation citation may not be set aside. Authorizes court to waive remaining fines and fees upon entry of order.

--Donna Bleiler

Post Date: 2023-02-01 02:56:50

Last Update: 2023-02-02 07:55:35