State of Oregon Law Library Legal Research Blog

Map of Oregon 1921

On September 27, 2021, Governor Kate Brown signed Oregon’s new congressional and legislative district bills. Oregon gained a seat in the United States House of Representatives, rising from five to six representatives.

Unless there are successful challenges, the maps will be Oregon’s districts for the next ten years. To ensure that potential candidates have enough time to declare their candidacy and campaign, legal proceedings regarding the legislative district maps and the congressional district map can only last until January 31, 2022 and February 7, 2022, respectively.

You can view the congressional districts map, Oregon house district map, and Oregon senate district map on the Legislature's website.

Redistricting Process
Redistricting is the process of drawing geographic boundaries for voting districts. Redistricting determines who appears on your ballot, where you can vote, and ensures that each vote is equally important – ideally, each voting district has the same number of people so that each vote counts. To the end, after the decade’s United States Census is completed, Oregon’s Legislative Assembly redraws congressional and legislative districts. 

Not every state legislature redraws district lines -- some states require commissions to redraw district lines. For example, the bipartisan Washington State Redistricting Commission creates congressional and legislative district maps. Here in Oregon, People Not Politicians proposed an initiative petition that, if passed, would create an independent commission to decide the lines in Oregon. 

State Legislative Districts

The Legislative Assembly must submit its plan for state legislative districts by July 1 – although, this year the Oregon Supreme Court granted them an extension because the COVID-19 pandemic delayed the release of United States Census data. If the plan becomes law, petitioners can challenge it in the Oregon Supreme Court. If the court agrees with the petitioner's challenge, the Secretary of State corrects the plan and resubmits it to the court for review. This year, petitioners challenging the plans must file by October 25, 2021. (10/26 Update: Two groups filed lawsuits objecting to the new state House and Senate districts drawn by the Legislature.)

If the legislature failed to pass a plan, then the Oregon Secretary of State would create one. Petitioners could then appeal the process in the Oregon Supreme Court.

US Congressional Districts

Petitioners must file any objections to the Oregon Legislature's US congressional district map by October 12, 2021. If there are objections, a five-judge panel, chosen by the Oregon Chief Justice, reviews them and can make changes to the map if needed. (10/12 Update: Several Oregon Republicans challenged the congressional district plan on October 11, citing gerrymandering.)

The panel would review plan submissions and could create its own if the legislative assembly did not pass one or the governor vetoed it. As with the State Legislative districts, the Oregon Supreme Court hears appeals and reviews corrections of the plan.

Further Resources
If you are interested in learning more about Oregon’s redistricting process, here are some resources to help you get started.

Redistricting

• Congressional Research Service, "Partisan Gerrymandering: Supreme Court Provides Guidance on Standing and Maintains Legal Status Quo," last modified July 2, 2018.
• Congressional Research Service, "Supreme Court October Term 2019: A Review of Selected Major Rulings," last modified September 4, 2020.
• Laura Royden and Michael Li, Extreme Maps (New York: Brennan Center for Justice, 2017).
• Legislative Policy and Research Office, “Redistricting Background Brief,” last modified May 13, 2020.
• Law Library of Congress (U.S.), Global Legal Research Directorate, "Apportionment Methods For National Legislatures," 2005.
• Norman R. Williams, “Legislative Redistricting in Oregon: A Primer,” Oregon State Bar Bulletin, February/March (2011), Oregon State Bar.
• Oregon Legislature, “Oregon Redistricting,” last accessed October 6, 2021.

Selected Legal Materials

You can find caselaw using Fastcase, a legal database available to all Oregonians.    

• Chief Justice Order, No. 21-045.
• Oregon Constitution, Article IV, Section 6.
• Oregon Laws 2021, Chapter 419.
• Oregon Revised Statutes 2019, Chapter 188.
• United States Constitution, 14th Amendment.

Image Credit: Oregon Map, Collier's New Encyclopedia, Public domain, via Wikimedia Commons

For Rent Sign" by pvn_images is licensed under CC BY-SA 2.0

Oregon’s COVID-19 eviction freeze ended on June 30. However, the Centers for Disease Control and Prevention (CDC) has extended the federal eviction moratorium until July 31, 2021, to those who qualify. To see if this extension applies to you, you will need to complete this form, and then give it to your landlord. Please note that the foreclosure moratorium remains unchanged and in effect in Oregon until September 30, 2021.

If the CDC moratorium does not apply to you, the ending of Oregon's freeze means rent must be paid for July and going forward. If you are unable to pay, there is a program to assist with rent, the Oregon Emergency Rental Assistance Program (OERAP). The OERAP helps pay for up to 12 months back rent (utilities other than phone and renter's insurance can also be covered) and 3 months of rent going forward. This program is open to all Oregonians, regardless of citizenship status. Additionally, OERAP may be able to pay upcoming rent for homeless individuals who are starting a new rental lease. The OERAP website also has a section for landlords to understand the rules. 

The Oregon legislature recently passed two bills to address the end of the eviction freeze that provide some additional support for those that cannot pay: Senate Bill (SB) 278 and Senate Bill (SB) 282. SB 278 allows for a 60-day extension on evictions for those that qualify for the OERAP. You must show proof of OERAP application to your landlord in order to qualify for the 60-day grace period. SB 282 extends the grace period to pay back rent accrued from April 1, 2020, through June 30, 2021; whether or not you qualify for the OERAP, this back rent will not need to be paid until February 28, 2022. Tenants cannot be evicted for this back pay until March 1, 2022. Landlords also cannot charge fees for back rent from this time, and your credit history cannot be affected.

These laws are in place due to COVID-19 and may change in the future. The Oregon State Bar is currently offering free consultations on the OERAP program, through their lawyer referral program, make sure to mention the program when you call. If you need further legal assistance, please refer to our A to Z Legal Aid LibGuide.  

Additional Resources

• The Oregon State Bar has a video and extensive FAQ section on these new rules.
• The Rental and Housing Assistance agency has a landlord and tenant resource page on the current eviction rules and a legal resource page for housing-related issues during COVID-19.
• City of Portland landlord and tenant resource page.
• Multnomah county has expanded the extension for those within the county who apply to OERAP to a 90-day grace period. Check your county of residence to see if additional protections have been enacted. (updated 7/9)
• The Oregon courts website has eviction-related court forms for both landlord and tenant, including rights. 
• 211 Info (or by calling 211) has information on several other rental assistance programs.
• Legal Aid Services of Oregon has an extensive help section on various housing topics.

In response to the COVID-19 pandemic and an unprecedented wildfire season, a large number of Executive Orders have been issued this year. 

The Executive Orders are listed on the governor's website in PDF format.  The individual PDFs are not searchable which can make tracking the changes difficult. With so many people trying to understand the impact of these orders, we created a new digital collection that is both searchable and indexed by subject. 

Additional digital collections available from the State of Oregon Law Library include Oregon appellate court opinions and Oregon Attorney General public records orders.

Judge Amy Coney Barrett and President Trump, after Barrett's nomination to the U.S. Supreme Court.

U.S. Supreme Court nominee, Judge Amy Coney Barrett, testified before the Senate Judiciary Committee this week. While we wait for the Senate Judiciary Committee to vote on her nomination, here are some resources to help you learn more about Judge Barrett.

Biography

Judge Amy Coney Barrett was born in 1972 in New Orleans. She received her B.A in English Literature from Rhodes College in 1994. In 1997, she graduated from Norte Dame Law School. 

After graduation, Judge Barrett clerked for Judge Laurence H. Silberman at the District of Columbia Circuit, U.S. Court of Appeals. In 1999, she went on to clerk for Justice Antonin Scalia at the United States Supreme Court. From there, Judge Barrett went into private practice, working for 3 years at Miller, Cassidy, Larroca & Lewin. Then Judge Barrett transitioned to academia, joining George Washington University Law School as an associate professor and John M. Olin Fellow in Law. In 2002, she became a professor of law at Notre Dame Law School.

Judge Barrett joined the U.S. Court of Appeals for the 7th Circuit in 2017. The Senate Judiciary Committee will vote on her nomination to the Supreme Court on October 22nd. After this, the entire Senate will vote.

Finding Aids

Law Library of Congress, Nominations Pending for the U.S. Supreme Court.

•    Books, articles, decisions, and congressional materials related to Judge Barrett.

Georgetown Law Library, Supreme Court Nominations Research Guide.

•    Discussion of how the U.S. Supreme Court nomination process works. It also includes biographies of Judge Barrett, her speeches, and other materials.

Congressional Research Service, Judge Amy Coney Barrett: Selected Primary Material.

•    Detailed list of Judge Amy Coney Barrett’s opinions and law review articles, as well as press releases and congressional materials.

Photo Credit: The White House/Shealah Craighead / Public domain. Wikipedia Commons.
 

Good Morning! 

The Oregon Supreme court will hear arguments on two lawyer discipline cases today. The Oregon Supreme Court is the final authority when it comes to regulating attorneys in Oregon. Today they take up that responsibility and hear two appeals from the disciplinary board. 

You can check out a summary of the cases and read the briefs here:

In Re: Gary B. Bertoni - S064820

In Re: Lisa D. T. Klemp - S064893

You can also watch the arguments live online or watch recordings of the arguments later here:

http://www.courts.oregon.gov/Supreme/pages/webcasting.aspx

Remember if you ever have a problem with your own lawyer the Oregon State Bar is ready to hear your complaint and help.

Happy Constitution Day! On September 17, we celebrate the signing of the United States Constitution. Here at the State of Oregon Law Library, we have an unexpected connection to one of the signers – Charles Cotesworth Pinckney of South Carolina.

SOLL has a large collection of rare and historic law books, primarily from early America and the British Isles. One of these, Reports of Cases Concerning the Revenue, Argued and Determined (dated 1776), bears a strikingly similar signature!

Charles Cotesworth Pinckney – not to be confused with his second cousin and fellow-Constitution signer Charles Pinckney – “was an influential member of the constitutional convention of 1787, advocating the counting of all slaves as a basis of representation and opposing the abolition of the slave trade. He opposed as ‘impracticable’ the election of representative by popular vote, and also opposed the payment of senators, who, he thought, should be men of wealth. Subsequently Pinckney bore a prominent part in securing the ratification of the Federal constitution in the South Carolina convention called for that purpose in 1788 and in framing the South Carolina State Constitution in the convention of 1790.” (Encyclopædia britannica, 1911, p. 616)

In the new U.S. government, Pinckney succeeded James Monroe as minister to France, and was involved in the diplomatic incident known as the XYZ Affair, where French agents tried to ask for bribes. According to popular legend, Pinckney vehemently rebuffed them with the response, “No! No! Not a sixpence!” 

Pinckney went on to become the Federalist candidate for Vice President in 1800, and for President in 1804 and 1808, with all campaigns bein unsuccessful. According to the National Archives, “For the rest of his life, Pinckney engaged in legal practice, served at times in the legislature, and engaged in philanthropic activities” – perhaps occasionally using this very book. 

-Carin Yavorcik, Technical Services Librarian 

Editor's Note: This post was originally published in September 2017 and has been updated with links and photos for accuracy and comprehensiveness on 9/13/2021

References

The Encyclopædia Britannica (11th ed., Vol. XXI). (1911). Cambridge, Eng.: Cambridge University Press.

The Founding Fathers: South Carolina. (2016, September 29). Retrieved September 18, 2017, from https://www.archives.gov/founding-docs/founding-fathers-south-carolina

Monday will mark Oregon's 130th Labor Day. On February 21st, 1887Oregon was the first state to pass a law recognizing Labor Day. 

 African American's significant contributions to the labor movement are a sometimes overlooked part of labor history. It is important to recognize the roll of race in the labor rights movement and its connections with the civil rights movement. 

There is perhaps no more admirable person in American labor history who exemplifies this vital connection than Asa Phillip Randolph. 

A. Philip Randolph was born in 1889 in Florida the second son of a methodist minister and a seamstress. After some years as a active member of the socialist party and a anti-war figure he was invited in 1925 to lead a labor union representing the all black Brotherhood of Sleeping Car Porters. He continued to advance the interests of American workers and the civil rights of African Americans until his death on May 16th 1979. A high point in his work was his chairmanship of the 1963 march on Washington famouse for the speech by Dr. Martin Luther King. He was among the first to promote mass movements and demonstrations to fight for labor and civil rights. His pioneering work shapes the civil rights and labor movements to this day.

His work fighting discrimination in the federal government and protecting workers is a example for all Oregonians. This labor day check out the story of his admirable life. 

• May 17th 1979 Obituary
• For jobs and freedom : selected speeches and writings of A. Philip Randolph
• Papers; Library of Congress

The recent executive order banning immigration from 7 countries has drawn challenges from the blocked entrants and their supporters. Legal representatives have rushed to airports across the country to offer representation to the stranded travelers. 

The State of Oregon Law Library has a number of books that cover immigration law. Our books cover all levels of expertise. The NOLO book Immigration Made Easy is aimed at non-lawyers with no experience. We also have more sophisticated books such as Steel on Immigration and Frangoman on Immigration Fundamentals. 

Our book Removal Defense is a practice manual like Oregon's own Bar Books. It gives practical advice to the immigration practitioner. While we only have this one volume the Immigrant Legal Resource Center publishes a number of useful immigration law practice manuals. 

There are also a number of resources on the web for researching immigration law. The Georgetown Law School immigration guide is a good start to finding these resources.

A common research topic for astute legal practitioners is current legislation. The Oregon Revised Statutes only come out every other year and savvy lawyers keep a weather eye on new bills coming up as well as recently passed legislation.

As the election season rolls on it's also important for voters of all kinds to get information on legislation that passed and bills that didn't. The well informed voter will want to know how their legislature voted on last session's controversial bill even if it never became law.

SOLL has a number of official print resources that cover these laws and bills. You can look up legislation in the Oregon Laws and review votes in the Senate and House Journals. However these books, though they cover every act of the state legislature since Oregon's time as a territory, can be difficult and inconvenient to use. It is often essential for the researcher to look to Oregon's online resources.

The Oregon Legislature maintains the Oregon Legislative Information System (OLIS). This system contains bills and laws from the Oregon legislature going back to 2007. It is a rich source of information, especially in more recent sessions. You can find recordings of floor and committee sessions, committee reports and vote counts. However this system can also be hard to search. In particular searches by legislature are difficult.

A excellent free source for this kind of information is the Sunlight Foundation's website OpenStates. This website is a flexible and useful resource to research the actions of the legislature in Oregon, and around the country. You can find your legislature and see how she voted recently. You can also find various recent bills and laws and check the votes for them and read the text of the bills. Combined with the detail of OLIS these form a powerful tool to research your legislature this election season! 

EXCELSIOR Oregon!