45th Annual Conference

Still Crazy After All These Years 
And I would not be convicted by a jury of my peers

June 13–15

Riverhouse, Bend

Thursday, June 13

Moderator: Sara Foroshani, Hood River

Topics, Speakers and Times Subject to Change

8:00a         Oregon Public Defense Commission Meeting (adjourns 1:00 p.m.)

 Noon         Registration / Check-in

1:00p         Cartwright, Brady and Bray
                   Grant Cole, Metropolitan Public Defender, Portland

2:00           Cracking the Cartwright, Brady and Bray Vaults: Accessing Evidence that Leads to Acquittals
                   Steven J. Sherlag, Portland

“There's a difference between Brady, Cartwright, and Bray?” a perplexed judge recently asked Steven Sherlag in a hotly contested 27-count sex case. In this presentation, Steven will review various litigation strategies so the court will have the right “code” to liberate protected records and your client can have a fair shot at trial. 

3:00           Break / Door Prizes

3:15           Character, Propensity, and Gang Evidence
                   Kevin Sali, Portland 

Kevin’s talk will focus on prior acts evidence and gang evidence, with emphasis on strategies for adjusting to and taking advantage of recent changes in the law applicable to these types of evidence.

4:15           Negotiations: The Science of Persuasion
                   Laura Fine, Veneta, & Hugh Duvall, Eugene  

This presentation will survey scientifically effective methods of persuasion and review proven paths to motivating the prosecution to reconsider its objectives.

5:15          Adjourn for the day.

5:30          Welcome Reception & Fiesta Bar  — All new menu & location; open to attendees and families. Vegan & kid
                 friendly, with the microbrew on us!
                 Hosted by OCDLA Board of Directors

7:00           DEI Committee BIPOC Meetup, located in the lounge inside Currents restaurant. 

Open to attendees of color, OCDLA’s DEI committee is actively building community for defenders of color, and members look forward to forming new connections at this event. Hosted wine, sodas and desserts.

Friday, June 14

Moderator: Caleb Gray, Bend

7:45a      Continental Breakfast (included for attendees)

8:30        Legislative Update 
               Mae Lee Browning, OCDLA Legislative Director

9:00        An Autopsy of Measure 110: How Fear Mongering, Misinformation, and Bad Timing Killed  Decriminalization
               Grant Hartley, Metropolitan Public Defender 

10:00      Break / Door Prizes

10:15      Loves Me Like a Rock (of Cocaine), aka Keeping Your Client Satisfied: Defeating Possession with Intent
               Ryan Scott, Portland

If it's been a while since you've had a Boyd delivery, or maybe never had one at all, here's some arguments – some old, some new, all of them fun – to get an acquittal from the jury.

11:15      Resurrecting the Fourth Amendment
               Erin Severe, Federal Public Defender, Portland 

To resurrect: “1a : To raise from the dead : restore to life b : to bring to view again (something forgotten or lost)” Webster’s New Third Int’l Dictionary 1937 (unabridged ed 2002).  

When you may have a better suppression argument under the Fourth Amendment than under Article I, section 9, and how to litigate it for the win.

12:15p    Board Candidate Statements & President's Awards

12:30      Lunch (included for attendees) 
               Sponsored by TravelPro, Tigard

1:45       Appellate Update 
              Morgen Daniels and Kali Montague, Oregon Public Defense Commission, Appellate Division, Salem

2:45       Break / Transition to Breakouts

3:00       Board of Directors Meeting

3:00       BREAKOUTS

Breakout: Theater Games for Lawyers, Session 1

Emily Simon, Ashland • Must attend in person; no recording will be available. Choose Session 1or 2, both are identical.

Fun focus to sharpen your storytelling, direct and client communication. You will learn about flexibility and thinking on your feet! Join Emily Simon for an hour of theater games designed to help you adjust to unfamiliar or uncomfortable situations, improve your ability to think on your feet, teach tricks for keeping a conversation going, and increase your listening and empathy skills. This breakout session will be highly participatory and most importantly, fun. What could be better on a Friday afternoon then getting a wee bit outrageous, cutting loose and trying—in a very safe environment—to make connections with each other and share a few laughs as you do so. Everyone welcome, with or without theater experience!

Breakout: Felony Sentencing 101: Doing the Griddy
Alex Spinks, Public Defender of Marion County, Salem
Understanding the felony sentencing guidelines is a daunting task, but with a basic understanding of the rules you will be ready to advise clients of the likely outcomes in their case. This talk will also work as a precursor to Jess Barton's "Sentencing for Sophomores" presentation, available from OCDLA as a streaming download, which builds on these basic concepts.

Breakout: Weed Law Update 
Lee Berger, Salem
A discussion of strategy and tactics in defending cannabis criminal cases, including DUI Cannabis; unlicensed cultivation/extraction; and importing./exporting.

4:00        Break

4:15        BREAKOUTS

Breakout: How DOC Calculates Prison Sentences and Programs Available to Adult Incarcerated Individuals 
Drake Durham, Portland
Kevin Kohberger, Policy Manager, Offender Information and Sentencing Calculation Division, Oregon Dept. of Corrections
Tasha Petersen, Unit Administrator, Offender Information and Sentencing Calculation Division, Oregon Dept. of Corrections
This presentation will highlight the elements that go into calculating Oregon DOC sentences and the importance of the wording in judgments. The elements include sentence length and structure, eligibility for programs, earned time credits, crime and crime date, pre-sentence time served credits, and more.  

Breakout: Theater Games for Lawyers, Session 2
Emily Simon, Ashland • Must attend in person; no recording will be available. Choose Session 1 or 2, both are identical. 

Fun focus to sharpen your storytelling, direct and client communication. You will learn about flexibility and thinking on your feet! Join Emily Simon for an hour of theater games designed to help you adjust to unfamiliar or uncomfortable situations, improve your ability to think on your feet, teach tricks for keeping a conversation going, and increase your listening and empathy skills. This breakout session will be highly participatory and most importantly, fun. What could be better on a Friday afternoon then getting a wee bit outrageous, cutting loose and trying—in a very safe environment—to make connections with each other and share a few laughs as you do so. Everyone welcome, with or without theater experience!

Breakout: .370 and Mosman Issues
Bailey Moody, Public Defender of Marion County, Salem

5:15        Adjourn for the day. / 

Cocktail Reception – Deschutes Ballroom and the Eddy beside the river. Live music with Hillbilly Supper Club, with members Erik Eklund, Zack Mazer, and Max Wall. Hearty appetizers, no-host bar. Plus, the closing of the silent auction! Included with registration; guest tickets $25. 

Saturday, June 15

Moderator: New OCDLA President

8:00a       Hot Breakfast (included for attendees)

9:00        Si vis pacem, para bellum: Restorative Justice to Prepare for Trial
              Denny Maison, Salem, & Rachel Cunliffe, Restorative Justice Solutions, Portland 

Restorative justice expert Rachel Cunliffe and attorney Denny Maison share strategies for using restorative justice to prepare for trial.  Rachel is a restorative justice expert who is often enlisted on murder cases but can also provide valuable assistance in many "lower-level" cases where restorative justice techniques provide effective tools for better trial results.  Rachel and Denny will show how to use restorative justice techniques to prepare clients to make informed decisions that only clients can make (trial or plea, judge or jury, testify or abstain) and genuinely and effectively say the words that only clients can say ("guilty," "I didn't do it," and "I'm sorry").  These strategies save attorney time, enhance client confidence, and yield results at settlement, trial, and sentencing.

10:00       Break 

10:15      Business Meeting

• Introduce New Board Members
• Announce Juvenile Law Award Recipients & New Life Members
• Sunny Climate Raffle Drawing - Win a Trip to Kauai for Two and our CLE November 9! 

10:45     Who Says Don't Take Your Guns to Town: Second Amendment Developments and Litigation Strategies from Suppression through Sentencing
              Erik Blumenthal, Oregon Public Defense Services Appellate Division, Salem
              Henry Oostrom-Shah, Metropolitan Public Defenders, Portland

The Supreme Court’s 2022 decision in Bruen opened countless ways to assert our clients’ constitutional right to bear arms. First, we dive into the doctrinal depths. What did the Court hold in Bruen? What was the Court’s analysis and where is it headed? Second, we make the rubber hit the road. How can trial attorneys raise these constitutional challenges all the way from charging through sentencing?

11:45     ETHICS Connecting from the Center: Honing Your Creative Chops for Effective Communication 
              Emily Simon, Ashland

Every day that you do this work, you and your client are at the center of a wheel. The wheel spokes connect outward with different people you have contact with: the prosecutor, the judge, the jail guards, the probation officer, the treatment evaluator, the treatment provider, co-counsel, investigators, your “people” and your client’s “people”—to name only a few. This presentation will run through different scenarios to demonstrate how to effectively balance the conflicting objectives and obligations with these individuals and entities, while highlighting the skills needed for effective communication with each. Your approach to these conversations—and relationships—can inspire you and hone your creative chops, preserve your desire for justice, and feed your joy in this calling for years to come. For the grand finale of this year’s 45^th Annual Conference, expect an inspiring and entertaining presentation from a 45-year veteran of OCDLA who—despite the pressures and strains from the outside of the wheel—never, ever stopped loving her job. She'll show you how you can too. 

12:45p     Adjourn

2024 OCDLA Annual Conference 

Investigation Track

All CLE presentations will be recorded for purchase by those who do not register for the conference and will be made available to those who register and are unable to attend. No-shows will be asked which track of presentations they wish to receive. Packages and pricing will be determined after the conference. 

*Registered attorneys at the conference who attend investigation track presentations will need to sign in for OSB credit, and are not eligible to receive recordings of concurrent presentations happening in the ballroom.

Thursday, June 13

Noon Check in / Registration

Topics, Speakers and Times Subject to Change  

1:00p    PI BOOTCAMP / OSB credit pending

Getting Started: Reviewing discovery, creating timelines and POIs, requesting records, gathering video footage, meeting with client

Mark Robertson, Portland

This presentation will cover the basics and provide sample documents for cataloging discovery, organizing witness lists and the billing, creating a file system, and verifying addresses, plus cover the ins and outs of meeting with the client, meeting with counsel, and more; includes a handy checklist for getting a case and opening an investigation.

2:00       PI BOOTCAMP / OSB credit pending

Middle Case: Locating people, receiving and following up with records requests, writing reports, interviewing people

Steve Wilson, Portland

This presentation delves into the heart of defense investigation, gathering information through people and documents. We will explore numerous ways to locate individuals, review useful interview techniques, examine effective written reports, and wrestle with record-gathering.

3:00       Break / Door Prizes

3:15       PI BOOTCAMP

End of Case: Background on witnesses and jurors, gathering certified judgments, serving subpoenas, sentencing prep, testifying

James Comstock, Portland

We will discuss task management and execution in the months and weeks leading up to trial, along with assisting with voir dire, and knowing when and how to prepare for sentencing. We will also talk about how to testify effectively, when and how to prepare for sentencing, marketing, and building a client base. 

4:00       The Business of Private Investigation
            Panel with Mark Robertson, Steve Wilson, James Comstock

As an independent contractor, being an effective investigator is only half the battle. We also need to make a living, which means running a profitable business. We will discuss timekeeping, effective time and task management, managing billing and cash flow, client diversification and software options. 

4:45       Adjourn for the day.

Friday, June 14

8:00a    Continental Breakfast (included for attendees)

9:00      Evidence Management: Meeting the Needs of Counsel /OSB credit pending
              Mark Robertson, Portland

This presentation is intended to familiarize newer investigators with the Oregon Evidence Code. Robertson will go over the definition of evidence, including phrases such as "proponent of the evidence" or "declarant" in the context of hearsay and hearsay exceptions, and he will provide a primer regarding how best you can communicate with your attorney so they can describe what is admissible at trial and how you can better aid your attorney in lining up physical evidence, witnesses, and the admissibility of witness statements. 

10:00    Break / Door Prizes

10:15    Mitigation for Fact Investigators / OSB credit pending
              Laura Rittall, Toledo, and Carin Connell, Portland

This presentation will discuss what investigators can do to help gather mitigation records/information for a case that might not have a mitigator yet, and when your case needs one. Additional subjects covered will be differences between roles and the differences between a psychological “mitigation” report vs. a defense-created mitigation report. 

11:15    “Your Honor, Defense Calls Investigator ___”: How to Prepare for Court Appearance and How to Testify
              Steven Sherlag, Portland 
              A primer for working with attorneys at trial and testifying effectively. 

12:15p  Mentorship Speed Dating
               Moderator: James Comstock, Portland

Find a mentor, find a mentee! Using the speed dating model you will have a chance to meet many possible investigation  collaborators as you move quickly from table to table in a guided and moderated set of quick introductions.

12:45    Lunch 
              Sponsored by TravelPro, Tigard

1:45      Understanding Lived Experience in Defense Work / OSB credit pending
              Trevor Walraven, Oregon Justice Resource Center, Portland, and Terry Courtney, Portland

As defense investigators we may work with clients who face a custodial sentence.  Assisting the client with understanding how custody time works, what to expect, and how to manage expectations is an important part of defense work. Some of the topics to be covered include: appropriate terminology, ways to prepare for going away, and advocating for oneself including personal safety.

2:45       Break / Door Prizes

3:00       Tik Tok for PIs: A Collection of Tricks and Tips 
               Steve Wilson, Portland

Don't worry, there's no dancing here! This presentation will be a rapid-fire look at a couple dozen useful investigation hacks and shortcuts. Hard-earned wisdom shared from the investigation community!

4:00       Break / Transition to Breakouts

4:15       Real Life Ethical Issues
               Terry Courtney and Mary Sofia, Portland

Defense investigators often manage ethical situations both in the field and on the keyboard.  Attorneys and clients rely on investigators to “do the right thing” for their cases. But are investigation ethics the same for attorneys and investigators?  Are there realistic or unrealistic expectations about professional conduct that each has? Come explore the topic and join the discussion.

5:15       Adjourn for the day.

Saturday, June 15

8:00a   Hot Breakfast (included for attendees)

9:00      Investigator Mental Health and Concepts on How to Stay Mentally Healthy
              Samantha Schrantz, Eugene

Samantha Schrantz has been a private investigator for five years and predominantly works on state murder and child sex abuse cases, as well as federal cases. She will be discussing mental health from her own lived experience, and drawing on what she's learned from being a National Alliance on Mental Illness (NAMI) presenter, a Qualified Mental Health Associate (QMHA), and a Master's student earning her Degree in Psychology. She will discuss what she has been through, what she has learned, and how it has made her a better investigator.  

10:00    Break 

10:15     Business Meeting

• Introduce New Board Members
• Announce Juvenile Law Award Recipients and New Life Members
• Sunny Climate Raffle Drawing 

10:45    What’s Next: The Immediate Future of Investigation in Oregon
             Steve Wilson and James Comstock

11:45    Adjourn

Riverhouse on the Deschutes | 3075 Business 97, Bend, OR 97703


Rooms/Rates:
Lodge King/Double Queen – $200
Riverview King w sofa bed/Double Queen – $215
King with sofa bed & Fireplace – $215 
One-bedroom Suite – $245

A $15 resort fee will be added to each night booked and includes wi-fi, self-parking, in-room coffee, shuttle transport, spa and indoor/outdoor pool access. 


OCDLA 2024 Annual Conference Booking Link 

You must book by Thursday, May 16, 2024

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.