Author Archives: admin

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 [...]

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: [...]

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 [...]

Sample request letter to unseal a search warrant and affidavits

Sample letter to a judge requesting that a search warrant, return on the warrant and the affidavits be unsealed. This courtesy of Therese Bottomly, managing editor/news, of The Oregonian The Hon. Julie Frantz Multnomah County Courthouse 1021 S.W. Fourth Ave., Suite 312 Portland, OR 97204 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR [...]

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 [...]

Sample request letter to open an arrest warrant and affidavits

Sample letter seeking to unseal an arrest warrant and affidavits supporting arrest warrant THERESE BOTTOMLY MANAGING EDITOR/NEWS Nov. 5, 2003 IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF MULTNOMAH STATE OF OREGON, Plaintiff, v. Dean White; Luis Miguel Valenzuela; Adrian Filberto Gutierrez; Terrelle Lashaun Tucker; Jesus Ramon Gastelum; and Abraham [...]

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 [...]

Oregon Court of Appeals ruling granting access to Portland police disciplinary records

FILED: October 27, 1999 IN THE COURT OF APPEALS OF THE STATE OF OREGON CITY OF PORTLAND, a municipal corporation, Appellant, v. DAVID ANDERSON and THE OREGONIAN, Respondents. (99711-09411; CA A101699) Appeal from Circuit Court, Multnomah County. Ann Fisher, Judge pro tempore. Argued and submitted November 30, 1998. Frank Hudson, Deputy City Attorney, argued the [...]

Chapter 16: Glossary

Legal Glossary ACTION, CASE, SUIT, LAWSUIT: These words mean essentially the same thing. They refer to a legal dispute brought into court for trial. ADVERSARY SYSTEM: The system of justice in the U.S. and some other countries in which court cases are decided on the basis of evidence and arguments presented by each of the [...]

Chapter 15: Oregon’s Shield Law

Oregon’s shield law, ORS 44.510 through ORS 44.540, provides broad protection for reporters and others against compelled testimony, production of evidence and searches. This law protects people connected with, employed by or engaged in a medium of public communication, including print and broadcast media, books, periodicals, pamphlets, wire services or feature syndicates. The protection extends [...]
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