Category Archives: Rulings & Formal Opinions

Open Oregon

Cameras in courts rule — UTCR3.180

Uniform Trial Court Rule 3.180 (Cameras in courts) Click on UTCR3-180 to get full rule on “public access coverage” that means cameras in courtrooms.

Court of Appeals: Concealed handgun permits are public records

The Oregon Court of Appeals has ruled that concealed weapons permits are public records, affirming a Jackson County Circuit Court ruling in a case brought by the Medford Mail Tribune. See the ruling here: Appeals Court On Weapons Permits (pdf file)

Open Oregon

Jackson County District Attorney orders school district to release names, responses of residents who commented on health curriculum

Jackson County, Oregon District Attorney’s Office Mark Huddleston District Attorney To: Cathy Noah and Tim Gerking Fax: 776-4376 772-7249 Subject: public records petition Date: December 2, 2005 Ms. Noah and Mr. Gerking: This letter constitutes my order in response to Ms. Noah’s public records petition requesting that I review the Medford School District’s (District) denial [...]

Open Oregon

Multnomah District Attorney rules attorney-client privilege doesn’t apply to factual information

Lawyer-client privilege doesn’t apply to pure facts The Multnomah County district attorney has ordered a public agency, the Portland Development Commission, to release purely factual information gathered by an attorney (the agency had cited attorney-client privilege). If an agency asserts attorney-client privilege to withhold fact-finding reports from the public, you might want to reference this [...]

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Josephine County judge rules teacher resignation agreement is public

Judge rules resignation agreements public A Josephine County judge ruled in June 2005 that the Three Rivers School District must make public a resignation agreement in which the board paid $10,000 to an instructor who was later barred from teaching in Oregon. The judge said just because an item is placed in a teacher’s personnel [...]

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Oregon Court of Appeals rules Portland Police disciplinary records in Kendra James case are open

FILED: June 1, 2005 IN THE COURT OF APPEALS OF THE STATE OF OREGON CITY OF PORTLAND, an Oregon municipal corporation, Appellant, v. OREGONIAN PUBLISHING COMPANY, Respondent. 0310-11712; A124262 Appeal from Circuit Court, Multnomah County. Michael C. Zusman, Judge pro tempore. Argued and submitted February 1, 2005. Harry Auerbach argued the cause for appellant. On [...]

Open Oregon

Marion Judge orders SAIF to turn over records

orr JUDGE ORDERS SAIF TO ANSWER QUESTIONS, TURN OVER RECORDS 07/03/2004 ====================================================================== THE OREGONIAN Copyright (c) 2004, The Oregonian Publishing Company Saturday, July 3, 2004 EDITION: SUNRISE SECTION: LOCAL STORIES PAGE: D03 LENGTH: 56 lines HEADLINE: JUDGE ORDERS SAIF TO ANSWER QUESTIONS, TURN OVER RECORDS BYLINE: JANIE HAR – The Oregonian DATELINE: SALEM TEXT: Summary: [...]

Open Oregon

Portland City Attorney opinion on how Fire Bureau is not covered by HIPAA

This is a legal opinion from the Portland City Attorney’s Office explaining why HIPAA does not apply to the Portland Fire Bureau. In sum, it says that because the fire bureau is not engaged in a transaction involving fees and health care service, it is not a covered entity. This is important because some fire [...]

Open Oregon

Several courts have ruled that defendants’ mental health reports are public

Rulings opening mental health reports in criminal trials The Oregonian has won rulings in three Oregon counties (Multnomah, Tillamook and Lincoln) that mental health reports ordered by the court to determine the competency of a defendant to stand trial are public under the open courts provisions of the state Constitution. Here is one such ruling [...]

Open Oregon

District attorneys in Baker County and Clackamas County order disclosure of notices of tort claims

Baker County District Attorney orders school district to disclose tort claim records Matthew B. Shirtcliff, District Attorney for Baker County Court House 1995 Third Street – Suite 320 Baker City, Oregon 97814 Main office: (5431) 523-8205 Support Enforcement: (541) 523-6414 FAX: (541) 523-3913 Public Records Disclosure Request Order On January 8, 2003 Baker City Herald [...]

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