Annual Conference 2022 - Back to the Future
June 23–25, 2022
Annual Conference 2022: Back to the Future!
June 23–25, 2022, Riverhouse on the Deschutes, Bend.
*To purchase the CLE Archive, click here.
_______
What’s included in the fee?
• Seminar admission (Thurs.–Sat.)
• Written material download in advance
• Thursday evening opening welcome reception
• Friday luncheon
• Friday Night Party
• Continental breakfast Friday
• Hot breakfast Saturday
• Refreshments at the breaks
• CLE credit
• Networking, relaxing, a great time!
______
Financial assistance?
Members contact OCDLA by June 13 about scholarships, payment plans or creative payment arrangements.
_______
Cancellations
Seminar cancellations made before June 17 will receive a refund less a $25 cancellation fee. Seminar cancellations made after June 17 — once material download link has been emailed — will receive a refund less a $150 cancellation/written material fee. No-show policy: Written materials are emailed in advance to all participants. Audio materials in the form of MP3 recordings will be sent to OCDLA members only; nonmembers who do not attend are ineligible to receive audio recordings or a refund.
_______
No-show Policy
Written materials are sent in advance to all participants. Audio materials in the form of MP3 recordings well be sent to OCDLA members only; nonmembers who do not attend are ineligible to receive the recordings or a refund.
_______
CLE Credit
12 general and 1 ethics credit in Oregon, Washington. For other state accreditation, call OCDLA at 541-686-8716.
June 23–25, 2022, Riverhouse on the Deschutes, Bend.
*To purchase the CLE Archive, click here.
_______
What’s included in the fee?
• Seminar admission (Thurs.–Sat.)
• Written material download in advance
• Thursday evening opening welcome reception
• Friday luncheon
• Friday Night Party
• Continental breakfast Friday
• Hot breakfast Saturday
• Refreshments at the breaks
• CLE credit
• Networking, relaxing, a great time!
______
Financial assistance?
Members contact OCDLA by June 13 about scholarships, payment plans or creative payment arrangements.
_______
Cancellations
Seminar cancellations made before June 17 will receive a refund less a $25 cancellation fee. Seminar cancellations made after June 17 — once material download link has been emailed — will receive a refund less a $150 cancellation/written material fee. No-show policy: Written materials are emailed in advance to all participants. Audio materials in the form of MP3 recordings will be sent to OCDLA members only; nonmembers who do not attend are ineligible to receive audio recordings or a refund.
_______
No-show Policy
Written materials are sent in advance to all participants. Audio materials in the form of MP3 recordings well be sent to OCDLA members only; nonmembers who do not attend are ineligible to receive the recordings or a refund.
_______
CLE Credit
12 general and 1 ethics credit in Oregon, Washington. For other state accreditation, call OCDLA at 541-686-8716.
Annual Conference 2022: Back to the Future!
June 23-25, 2022
Presenters and Topics
Noon Registration
1:00 Appellate Update
Joshua Crowther, Office of Public Defense Services
2:00 Ballot Measure 11 Release Arguments Under the Constitution
Aaron Jeffers, Public Defender of Marion County
This presentation will demonstrate how to use the analysis in Delaney v. Shobe, 218 Or 626 (1959), to frame an effective argument that the minimum bail of $50,000 is unconstitutional for individual clients. The presentation will review important case law and an example Measure 11 Pretrial Release memorandum.
2:45 Break / Door Prizes
3:00 SB 48 & Pretrial Detention
Grant Hartley, Metropolitan Public Defenders, and Brook Reinhard, Public Defense Services of Lane County
3:45 Culpable Mental States: An Appellate Update
Justice Rebecca Duncan, Oregon Supreme Court
Almost all crimes have an “actus reus” and a “mens rea,” that is, an act and an accompanying culpable mental state. But a crime may involve more than one act and more than one culpable mental state, and it is often challenging to determine what the required culpable mental state is for each act. Oregon law has, and continues, to develop in this area, and this presentation will review recent Oregon appellate decisions on the topic.
4:45 Adjourn for the day
5:00–7:00 We’re Back! Welcome Reception —open to all attendees and guests, featuring delicious hors d’oeuvres and no host bar
7:30 Continental Breakfast (included)
8:30 “Doc” Brown’s “Other Acts Evidence” Laboratory
Marc Brown, Office of Public Defense Services
Hop into the DeLorean with Marc “Doc” Brown and go back to the origins of the other acts evidence rules and then jump forward to the post-Jacksonian landscape of today.
9:30 Break / Door Prizes
9:45 Criminal Mental States in the Courtroom: Practical Applications of Owen/McKinney
Erik Blumenthal & Sara Werboff, Office of Public Defense Services
Cameron Taylor, Metropolitan Public Defense Services
This presentation will cover strategies to address and respond to the shifting criminal mental states landscape through various stages of a criminal case, including voir dire, case theory, jury instructions, preservation, and appellate arguments.
10:45 Not Cruisin' for a Bruisin': Working and Communicating with Experts
Janis Puracal, Executive Director, Forensic Justice Project
In this session, the presenter will talk about ways to find the right expert(s) and work collaboratively for better results. Attendees will learn how to find appropriate experts in the “relevant scientific community” based on the type of challenge that the defense intends to raise. For example, there are multiple ways to challenge the state’s expert testimony related to medical explanations for bruises. Attendees will learn how to distinguish between those different types of challenges and how to find appropriate experts to support pre-trial admissibility hearings and trial. Attendees will also learn best practices for communicating with experts, from retention through testimony
11:45 Lunch (included) / Annual Meeting
Sponsored by TravelPro, OCDLA’s Sunny Climate Seminar Travel Partner
• Board of Directors Candidate Statements
• Announce 2022 Juvenile Law Award Recipients
• President’s Awards
12:45 Discovering Brady Violations and Other Prosecutorial Misconduct
Ginger Mooney, Hood River
Using a 2008 Multnomah County homicide case (State v. Hickman, Multnomah County Case No. O81235225) to illustrate various Brady violations and prosecutorial misconduct issues, this presentation will also highlight the ways state actors develop information, evidence and testimony against your client without telling you. You'll also learn where to look for information helpful to your case that is in the State’s possession (even though you should not have to look or ask for it).
1:45 Ten Things I Hate about The New Restitution Bill, HB 4075
Reid Kajikawa, Public Defender Services of Lane County
A lighthearted romp through statutory changes to Oregon’s restitution framework and identify procedural, legal, and factual challenges to the State’s request for a restitution award.
2:45 Break /Transition
3:00 Breakouts/ OCDLA Board Meeting
#1 Post-conviction Relief: Litigation Strategy, Best Practices, and New Developments
Tony Bornstein, Federal Public Defenders Office, Portland
This breakout will focus on many aspects of PCR practice, including proving prejudice in ineffective assistance of counsel claims, and identifying potential claims apart from ineffective assistance. We’ll also cover new state and federal legal developments.
#2 Brady Is A Lot like DONDA 2: Big on Promise, Short on Delivery
Zach Stern, Salem
Brady, for all its virtue, suffers from a fatal flaw: it’s largely dependent upon the individual prosecutor’s ability to fully appreciate what Brady (and its progeny) require. Often, the individual prosecutor assigned to any given case fails to adhere to those obligations. That’s why we can’t rely on the state as the sole source of discovery to try our cases. Come to discuss creative ways to work your cases, outwork your opponent, and try more interesting cases.
#3 Civil Commitments 101: What Criminal Attorneys Need to Know
Carly Taylor, Metropolitan Public Defenders, Portland
Bailey Moody, Public Defender of Marion County
Civil commitment is a process in which a judge decides whether a person alleged to be mentally ill should be required to accept mental health treatment. As criminal practitioners, we should care about these proceedings because they can increase exposure to criminal liability but can also be used as a tool to mitigate culpability. As more and more of our clients experience mental health symptoms, the overlap between commitment cases and criminal charges will likely grow. Come discuss the intersection between these two areas of defense with us
4:00 Break / Transition
4:15 Breakouts
#4 Persuasive — and Punchy —Legal Writing: Tips and Techniques
Tony Bornstein, Federal Public Defenders Office, Portland
This breakout will focus on creative and persuasive writing techniques at all levels of the case.
#5 Cart-fight: Some (hopefully) practical tips on subpoenaing medical records under ORCP 55 D and State v. Cartwright
Kristen Bourgeois & Drew Flood, Metropolitan Public Defenders, Portland
Based on two young lawyers’ recent battle over medical records in Multnomah Co, this presentation will focus on practical tips for how to subpoena medical records under ORCP 55 D and State v. Cartwright. We will also discuss some contradictions in the current statutory landscape and case law. We’ll offer suggestions on how to litigate these issues in new ways moving forward.
#6 Unmindbending Mandamus: How to Diagnose a Problem that Can Be Cured by a Writ
Laura Graser, Portland
Mandamus is a powerful tool, but with limited application. Come learn when seeking a writ of mandamus in the Oregon Supreme Court has a fighting chance to help your client. If so, what do you need to do, and when do you need to do it? Short answer: a lot; immediately.
5:15 Adjourn for the day
5:30 – 6:30 First Timers Reception – If you’re new to OCDLA, or this is your first Annual Conference, this is for you! An easy way to meet fellow newcomers, OCDLA board members and heads of public defender offices / hors d’oeuvres, no-host bar.
5:45 – Friday Night Party – Live music featuring Rogue Valley's own, The Roadsters! Get ready to swing and boogie to their eclectic crowd-pleasing mix of dance, modern country, classic rock, oldies, pop and originals. The band is sponsored by Charles Vincent of Eugene—thank you, Charles! The party also features a no-host bar and food, and an annex overlooking the river with even more music and socializing! Free for conference attendees. Guest tickets additional.
SATURDAY - JUNE 25
8:00 Hot Breakfast (included)
9:00 Legislative Update
Mae Lee Browning, OCDLA Legislative Director
9:30 Mental Health Aspects of Criminal Cases
Ben Kim, Portland, & Thad Betz, Bend
Criminal cases are often intertwined with the mental health of not only the accused, but also the complainant and witnesses. This presentation explores how your client's case can benefit through all aspects of litigation.
10:30 Break / Door Prizes
10:45 Ross Shepard Award Announcement & Sunny Climate Raffle Drawing
Introduce New Board Members
Ross Shepard Lifetime Service to OCDLA Award: Ann Christian
Sunny Climate Raffle Drawing
11:00 Balancing Effective Representation with a Crushing Workload (Ethics Credit)
David Elkanich, Portland, & George Yeannakis, Special Counsel, Washington State Office of Public Defense, Seattle
Lawyers representing indigent clients today are being asked to do far more with far fewer resources. Such excessive caseloads impact a lawyer’s ethical obligations, including their ability to provide competent representation, effectively communicate with clients, and timely process cases without delay. And such excessive caseloads can be overwhelming and emotionally taxing for both younger lawyers as well as those more experienced. This panel will explore how to define an “excessive caseload,” how to analyze the ethics issues implicit in such caseloads, and how to respond to protect your clients’ interests (and your own mental health).
12:00 Adjourn
June 23-25, 2022
Presenters and Topics
THURSDAY - JUNE 23
Moderator: Dylan Potter, BendNoon Registration
1:00 Appellate Update
Joshua Crowther, Office of Public Defense Services
2:00 Ballot Measure 11 Release Arguments Under the Constitution
Aaron Jeffers, Public Defender of Marion County
This presentation will demonstrate how to use the analysis in Delaney v. Shobe, 218 Or 626 (1959), to frame an effective argument that the minimum bail of $50,000 is unconstitutional for individual clients. The presentation will review important case law and an example Measure 11 Pretrial Release memorandum.
2:45 Break / Door Prizes
3:00 SB 48 & Pretrial Detention
Grant Hartley, Metropolitan Public Defenders, and Brook Reinhard, Public Defense Services of Lane County
3:45 Culpable Mental States: An Appellate Update
Justice Rebecca Duncan, Oregon Supreme Court
Almost all crimes have an “actus reus” and a “mens rea,” that is, an act and an accompanying culpable mental state. But a crime may involve more than one act and more than one culpable mental state, and it is often challenging to determine what the required culpable mental state is for each act. Oregon law has, and continues, to develop in this area, and this presentation will review recent Oregon appellate decisions on the topic.
4:45 Adjourn for the day
5:00–7:00 We’re Back! Welcome Reception —open to all attendees and guests, featuring delicious hors d’oeuvres and no host bar
FRIDAY - JUNE 24
Moderator: Kati Dunn, Elkhorn Public Defender, Canyon City7:30 Continental Breakfast (included)
8:30 “Doc” Brown’s “Other Acts Evidence” Laboratory
Marc Brown, Office of Public Defense Services
Hop into the DeLorean with Marc “Doc” Brown and go back to the origins of the other acts evidence rules and then jump forward to the post-Jacksonian landscape of today.
9:30 Break / Door Prizes
9:45 Criminal Mental States in the Courtroom: Practical Applications of Owen/McKinney
Erik Blumenthal & Sara Werboff, Office of Public Defense Services
Cameron Taylor, Metropolitan Public Defense Services
This presentation will cover strategies to address and respond to the shifting criminal mental states landscape through various stages of a criminal case, including voir dire, case theory, jury instructions, preservation, and appellate arguments.
10:45 Not Cruisin' for a Bruisin': Working and Communicating with Experts
Janis Puracal, Executive Director, Forensic Justice Project
In this session, the presenter will talk about ways to find the right expert(s) and work collaboratively for better results. Attendees will learn how to find appropriate experts in the “relevant scientific community” based on the type of challenge that the defense intends to raise. For example, there are multiple ways to challenge the state’s expert testimony related to medical explanations for bruises. Attendees will learn how to distinguish between those different types of challenges and how to find appropriate experts to support pre-trial admissibility hearings and trial. Attendees will also learn best practices for communicating with experts, from retention through testimony
11:45 Lunch (included) / Annual Meeting
Sponsored by TravelPro, OCDLA’s Sunny Climate Seminar Travel Partner
• Board of Directors Candidate Statements
• Announce 2022 Juvenile Law Award Recipients
• President’s Awards
12:45 Discovering Brady Violations and Other Prosecutorial Misconduct
Ginger Mooney, Hood River
Using a 2008 Multnomah County homicide case (State v. Hickman, Multnomah County Case No. O81235225) to illustrate various Brady violations and prosecutorial misconduct issues, this presentation will also highlight the ways state actors develop information, evidence and testimony against your client without telling you. You'll also learn where to look for information helpful to your case that is in the State’s possession (even though you should not have to look or ask for it).
1:45 Ten Things I Hate about The New Restitution Bill, HB 4075
Reid Kajikawa, Public Defender Services of Lane County
A lighthearted romp through statutory changes to Oregon’s restitution framework and identify procedural, legal, and factual challenges to the State’s request for a restitution award.
2:45 Break /Transition
3:00 Breakouts/ OCDLA Board Meeting
#1 Post-conviction Relief: Litigation Strategy, Best Practices, and New Developments
Tony Bornstein, Federal Public Defenders Office, Portland
This breakout will focus on many aspects of PCR practice, including proving prejudice in ineffective assistance of counsel claims, and identifying potential claims apart from ineffective assistance. We’ll also cover new state and federal legal developments.
#2 Brady Is A Lot like DONDA 2: Big on Promise, Short on Delivery
Zach Stern, Salem
Brady, for all its virtue, suffers from a fatal flaw: it’s largely dependent upon the individual prosecutor’s ability to fully appreciate what Brady (and its progeny) require. Often, the individual prosecutor assigned to any given case fails to adhere to those obligations. That’s why we can’t rely on the state as the sole source of discovery to try our cases. Come to discuss creative ways to work your cases, outwork your opponent, and try more interesting cases.
#3 Civil Commitments 101: What Criminal Attorneys Need to Know
Carly Taylor, Metropolitan Public Defenders, Portland
Bailey Moody, Public Defender of Marion County
Civil commitment is a process in which a judge decides whether a person alleged to be mentally ill should be required to accept mental health treatment. As criminal practitioners, we should care about these proceedings because they can increase exposure to criminal liability but can also be used as a tool to mitigate culpability. As more and more of our clients experience mental health symptoms, the overlap between commitment cases and criminal charges will likely grow. Come discuss the intersection between these two areas of defense with us
4:00 Break / Transition
4:15 Breakouts
#4 Persuasive — and Punchy —Legal Writing: Tips and Techniques
Tony Bornstein, Federal Public Defenders Office, Portland
This breakout will focus on creative and persuasive writing techniques at all levels of the case.
#5 Cart-fight: Some (hopefully) practical tips on subpoenaing medical records under ORCP 55 D and State v. Cartwright
Kristen Bourgeois & Drew Flood, Metropolitan Public Defenders, Portland
Based on two young lawyers’ recent battle over medical records in Multnomah Co, this presentation will focus on practical tips for how to subpoena medical records under ORCP 55 D and State v. Cartwright. We will also discuss some contradictions in the current statutory landscape and case law. We’ll offer suggestions on how to litigate these issues in new ways moving forward.
#6 Unmindbending Mandamus: How to Diagnose a Problem that Can Be Cured by a Writ
Laura Graser, Portland
Mandamus is a powerful tool, but with limited application. Come learn when seeking a writ of mandamus in the Oregon Supreme Court has a fighting chance to help your client. If so, what do you need to do, and when do you need to do it? Short answer: a lot; immediately.
5:15 Adjourn for the day
5:30 – 6:30 First Timers Reception – If you’re new to OCDLA, or this is your first Annual Conference, this is for you! An easy way to meet fellow newcomers, OCDLA board members and heads of public defender offices / hors d’oeuvres, no-host bar.
5:45 – Friday Night Party – Live music featuring Rogue Valley's own, The Roadsters! Get ready to swing and boogie to their eclectic crowd-pleasing mix of dance, modern country, classic rock, oldies, pop and originals. The band is sponsored by Charles Vincent of Eugene—thank you, Charles! The party also features a no-host bar and food, and an annex overlooking the river with even more music and socializing! Free for conference attendees. Guest tickets additional.
SATURDAY - JUNE 25
8:00 Hot Breakfast (included)
9:00 Legislative Update
Mae Lee Browning, OCDLA Legislative Director
9:30 Mental Health Aspects of Criminal Cases
Ben Kim, Portland, & Thad Betz, Bend
Criminal cases are often intertwined with the mental health of not only the accused, but also the complainant and witnesses. This presentation explores how your client's case can benefit through all aspects of litigation.
10:30 Break / Door Prizes
10:45 Ross Shepard Award Announcement & Sunny Climate Raffle Drawing
Introduce New Board Members
Ross Shepard Lifetime Service to OCDLA Award: Ann Christian
Sunny Climate Raffle Drawing
11:00 Balancing Effective Representation with a Crushing Workload (Ethics Credit)
David Elkanich, Portland, & George Yeannakis, Special Counsel, Washington State Office of Public Defense, Seattle
Lawyers representing indigent clients today are being asked to do far more with far fewer resources. Such excessive caseloads impact a lawyer’s ethical obligations, including their ability to provide competent representation, effectively communicate with clients, and timely process cases without delay. And such excessive caseloads can be overwhelming and emotionally taxing for both younger lawyers as well as those more experienced. This panel will explore how to define an “excessive caseload,” how to analyze the ethics issues implicit in such caseloads, and how to respond to protect your clients’ interests (and your own mental health).
12:00 Adjourn
Riverhouse on the Deschutes | Read More
As of the deadline of May 23, lodging in our room block is full. To inquire about any cancellations, call 866-453-4480 and mention you are with the Oregon Criminal Defense Lawyers Association.
Dining: CURRENTS at the Riverhouse is the on-site restaurant. Breakfast and dinner are served daily. Reservations are required on Saturdays and Sundays and are strongly recommended on weekdays.
Alternative Lodging Options
As of May 23 these hotels report availability, some limited, so call now:
• Fairfield Inn & Suites, (541) 318-1747
• Doubletree, (541) 317-9292
• Wall Street Suites, (541) 706-9006
• My Place Hotel, (541) 213-2108
• Tetherow, (844) 431-9701
• Campfire Hotel, (541) 382-1515
• TownePlace Suites by Marriott, (541) 382-5006
• Best Western Premier Peppertree Inn, (541) 283-3360
• Courtyard by Marriott, (574) 237-7777
As of the deadline of May 23, lodging in our room block is full. To inquire about any cancellations, call 866-453-4480 and mention you are with the Oregon Criminal Defense Lawyers Association.
Dining: CURRENTS at the Riverhouse is the on-site restaurant. Breakfast and dinner are served daily. Reservations are required on Saturdays and Sundays and are strongly recommended on weekdays.
Alternative Lodging Options
As of May 23 these hotels report availability, some limited, so call now:
• Fairfield Inn & Suites, (541) 318-1747
• Doubletree, (541) 317-9292
• Wall Street Suites, (541) 706-9006
• My Place Hotel, (541) 213-2108
• Tetherow, (844) 431-9701
• Campfire Hotel, (541) 382-1515
• TownePlace Suites by Marriott, (541) 382-5006
• Best Western Premier Peppertree Inn, (541) 283-3360
• Courtyard by Marriott, (574) 237-7777
For 2023 registration, please click here or paste into your browser window: https://ocdla.my.site.com/OcdlaEvent?id=a235b00000J3bseAAB