Annual Conference 2023: Bridge to Justice
Riverhouse on the Deschutes
Thursday–Saturday, June 8–10, 2023
The 2023 Annual Conference theme, “Bridge to Justice,” highlights how hard you're working to bring justice to your clients. OCDLA is here for you, and the conference promises hard-hitting topics balanced with unparalleled unwinding with colleagues, friends and family.
Once again, we’re looking forward to a blast welcoming all attendees and guests at the Welcome Reception on Thursday. a fun party with hearty appetizers Friday night, plus our ever popular Silent Auction, a Raffle to win a trip to Maui and our Sunny Climate Seminar in November, and the presentation of the Ross Shepard Award for Lifetime Service to OCDLA to Bob Homan— congratulations and thank you, Bob!
This conference will not be streamed. The CLE presentations will be recorded for those who cannot attend.
* * * MEMBERS, PLEASE LOG IN. * * *
Early Bird Registration — Until May 30
Lawyers $355 • Nonlawyers $275
Lawyers $435 • Nonlawyers $310
Students — $25, with membership included
Standard Registration — After May 30
Lawyers $380 • Nonlawyers $300
Lawyers $460 • Nonlawyers $335
Students — $50, with membership included
Who may attend the Annual Conference?
This program is open to defense lawyers and those professionals and law students directly involved in the defense function.
What’s included in the fee?
• Seminar admission (Thurs.–Sat.)
• Written material download in advance (hard copies must be purchased separately by June 1. Use the ticket under the registration tab.)
• Thursday evening opening welcome reception
• Continental breakfast and lunch Friday
• Friday Night Cocktail Hour
• Hot breakfast Saturday
• Refreshments at the breaks
• CLE credit
• Networking, relaxing, a great time!
Members contact OCDLA by May 30 about scholarships, payment plans or creative payment arrangements.
Seminar cancellations made before June 5 will receive a refund less a $25 cancellation fee. Seminar cancellations made after June 5 — 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.
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.
Pending approval in Oregon, Washington. For other state accreditation, call OCDLA at 541-686-8716.
Annual Conference 2023: A Bridge to Justice
Thursday–Saturday, June 8–10, 2023
Program topics, speakers, and times subject to change.
Thursday June 8
Moderator: : Katherine Griffith, Deschutes Defenders
Noon Check-in/Registration — (coffee/tea)
1:00 The Oregon Galápagos: The Impending Collision Between State Law Analysis and Digital Search and Seizure
The Honorable Bronson James, Oregon Supreme Court
In this session we look at four developing areas of electronic search and seizure – geofence warrants, Google keyword warrants, border searches, and data retention. We will examine how each is developing in the federal system, and points of Oregon law where the development of each may diverge from the broader national discussion.
2:00 PDSC Update on Unrepresented Persons
Commissioners Jennifer Nash and Kristen Winemiller
2:10 Together We Can End the Registry: What Every Defense Attorney Needs to Know About Sex Offender Registration
Anna Sammons, Eugene
Jeff Turnoy, Portland
This presentation will briefly provide information regarding the deleterious effects of the program, call attention to helpful rulings from around the country, and emphasize the importance of educating DAs and judges and the importance of litigating relief issues whenever possible. Lawyers are warned not to plead out their clients to charges that will harm their right to obtain relief. The presentation will then cover ways to help clients obtain registration relief, with a pitch for encouraging eligible clients to apply, and getting you set up for greater success when taking on such cases depending upon the circumstances after conviction.
3:10 Break / Door Prizes
3:25 Time to Brush Up on Forfeiture: How Yamhill County v. Real Property Will Affect Your Practice in the Years to Come
Colin Benson, Assistant Attorney General, Department of Justice
Zack Stern, Salem
Recently, and perhaps for the first time in American history, the Oregon Court of Appeals held that Oregon’s civil forfeiture scheme violates federal Double Jeopardy. The opinion marks a radical shift in how forfeiture claims will be processed going forward. At a minimum, any forfeiture proceeding will necessarily occur as part of your criminal case. Colin Benson, an AAG at the Department of Justice, has handled civil and criminal forfeiture matters for over 15 years and frequently fields questions from legal practitioners about how to proceed with these actions. Zack Stern, definitely not an AAG at the Department of Justice, regularly handles forfeiture matters throughout Oregon. This presentation will help attendees understand the new legal landscape, some anticipated points of contention in the years to come, and (hopefully) provide you with enough information to feel comfortable approaching your next forfeiture case.
4:25 Business Record Exception: How a Ten-Minute Trick Can Make the Prosecutor's Case More Difficult (and maybe impossible) to Prove
Ryan Scott, Portland
How to keep out the records of Google, Facebook, cell-site data, location data, text messages and more with a trick that only works in Oregon.
4:55 Adjourn for the day
5–7p Summer Picnic—open to all attendees and guests, featuring BBQ burgers and dogs, summery salads, and fresh-baked fudge brownies and cookies! Vegan and kid-friendly. No-host bar, hosted ice tea and microbrew—the first keg's on us and by contribution from David McDonald of Portland!
7–8p DEI Committee BIPOC Meetup
Defenders and investigators of color are invited to attend a reception hosted by OCDLA’s DEI committee. The committee is committed to building community for defenders of color and looks forward to forming new connections at this event. Hosted wine, sodas and desserts.
Friday June 9
Moderator: : Valerie Wright, Bend
8:00 Continental Breakfast (included for attendees)
9:00 Appellate Update
Stacy Du Clos & Dave Ferry, Office of Public Defense Services
This presentation will cover major appellate decisions decided since last year’s annual conference with special focus on the following areas:
10:00 Break / Door Prizes
10:15 10:15 A Continuous and Uninterrupted Episode of Legal Education
Erik Blumenthal & Sara Werboff, Office of Public Defense Services
This CLE will help practitioners untangle criminal episodes and consecutive sentences.
11:15 Ethics Shmethics: A “Top Five” Tips to Deal with Confidentiality
David Elkanich, Portland
· Not being social on social media
· What is the client file
· How to ethically withdraw
· Lawyering “on the go”
· The risks (and rewards?) of ChatGPT
12:15 Lunch (included for attendees)
1:15 The New National Public Defense Workload Standards
Stephen Hanlon, St. Louis, MO
Joshua Krumholz, Holland & Knight, Boston | Read more
The new National Public Defense Workload Standards (NPDWS) will be produced by The RAND Corporation, the American Bar Association, the National Center for State Courts and Stephen F Hanlon in June, 2023. The NPDWS will replace the 1973 National Advisory Commission (NAC) Standards (150 felonies, 400 misdemeanors, per lawyer per year). Mr. Hanlon will discus the development of the NPDWS, their potential significance for both indigent defense and criminal legal system reform, and potential federal supplemental federal funding for state indigent defense systems to assist them in achieving compliance with the NPDWS.
2:15 CSS and Other Issues, Part 1
Annie Borton, Office of Public Defense Services
2:45 Break / Transition to Breakouts
1. The Impact of Enthusiastic Litigation: FTA Cases and the Lessons They Taught Me
Tamara Scull, Elkhorn Public Defender, Vale
Using my experiences with 3 of my own FTA cases as a jumping-off point, I'll share lessons learned and practical tips for achieving success in these often-overlooked cases. Through that lens, we'll explore effective strategies for litigating FTA cases in Oregon, and the difference that passionate legal advocacy can make. Don't miss out on this inspiring discussion of the power of enthusiastic litigation in the legal profession!
2. Introduction to Restorative Justice: An Alternative to Prosecution
Tristen Edwards, Metropolitan Public Defenders, Portland
This presentation will provide an introduction to restorative justice and the efforts to develop the practice as an alternative to prosecution in Oregon. The presentation will consist of an overview of the philosophies and practices that are central to restorative approaches to harm, background on the work being done by attorneys and restorative justice practitioners to refer cases out of the criminal legal system and into community-based restorative justice programming, and a discussion of how restorative justice shows up in defense work and how it can benefit our clients.
3. PSRB 101
Laura Fine, Veneta, and Harris Matarrazo, Portland
1. Wildlife Law Update: A path through the woods to help you hunt for good issues, trap the state, and reel in some justice for your client
Jerrett Glass, The Dalles, & Mark Kimbrell, Portland
An update on the recent changes in wildlife law that includes how to beat back administrative searches, how to protect the treaty rights of indigenous peoples from state interference, and some tips and tricks for the trail.
2. Rethinking Indigent Defense: From Triage to Fulfilling Gideon v. Wainwright
Joshua Krumholz, Boston
Mr. Krumholz will lead a discussion on efforts to break away from representations based on triage and crisis management, and toward a system that seeks to fulfill the promise articulated in Gideon v. Wainwright 60 years ago. The breakout will include a discussion on efforts made in Marion County and the potential impact of that work statewide.
3. CSS and Other Issues, Part 2
Anne Borton, Office of Public Defense Services
5:15 Adjourn for the day
5:30–6:30 First Timers Reception Is this your first Annual Conference? This reception is for you! Meet OCDLA board members and heads of public defender offices at this easy social hour before the main event. Light snacks, no-host bar—OCDLA is again hosting the first keg of microbrew!
President's Awards Presentation
Cocktail Reception for all attendees — flowing from the ballroom after the CLE to the lobby, deck and garden area and soak up the warmth and light. Light snacks before your dinner on the town. And your last chance to bid on Silent Auction items!
Saturday June 10
Moderator: Newly Elected OCDLA President
8:00 Hot breakfast (included for attendees)
9:00 Legislative Update
Mae Lee Browning, OCDLA Legislative Director
9:30 Watkins/Ramos Reversals: How and Why PCR Retrials are Different and Often Way Better for the Defense
Ryan Scott, Portland
Reversals after post-conviction relief often implicate different rules and strategies, from getting your client released to keeping out evidence.
10:30 Door Prizes / Business Meeting
11:00 Discovery and Defense Experts
Patrick Sweeney, Portland
A discussion of the law regarding defense discovery obligations. Taking that law and applying it to how you work with investigators and experts in your practice.
Riverhouse on the Deschutes | 3075 Business 97, Bend, OR 97703