The Jury System Works Again: Federal Jury Vindicates EPD Officer Accused of Racial Profiling

by MIKE ARNOLD, Eugene, Oregon -- Karen McCowan at the Register-Guard reported this morning that Eugene Police Ofc. Wayne Dorman was vindicated by a federal jury after an hour of deliberations regarding allegations of racial profiling.

This is another example of the civil justice system working properly. Folks can have a disagreement, in this example over race. If they cannot resolve it, they have a jury figure it out. Don't be conned by the insurance industry and special interests who claim that the the jury system is broken.

The plaintiff chose federal court over state court, which gave him a jury pool from as far south as the southern Oregon coast, as far north as Salem, and as far east as Bend. He chose this over a Lane County jury, which would have had a substantially higher percentage of potential jurors from the city of Eugene.

Consequently, this case wasn't simply the community of Eugene or Lane County deciding this dispute. It was a fair jury from a huge geographic section of the state who heard the facts and made their decision. Case closed.

by C. Michael Arnold,
Attorney at Law,
Eugene, Oregon
Arnold Law Office, LLC

Sonia Sotomayor is a right wing conservative fascist!

She is Pro-Life (Center for Reproductive Law and Policy v. Bush), pro big-business and anti-privacy (Leventhal v. Knapek), and pro-racism/anti-black (Pappas v. Giuliani)!

You can certainly pick isolated cases and say she's a supporter of just about anything, or you can honestly represent her judicial work as a whole. Beware of the talking heads and sound-bite journalism.

by C. Michael Arnold, Attorney at Law,
Eugene, Oregon Arnold Law Office, LLC

Many Oregon Insurance Arbitration Clauses Violate State Law

The link below is to a bulletin of a national insurance industry periodical. It warns insurance companies that the Oregon Insurance Commission is on the look out for violations of Oregon law regarding arbitration clauses in insurance policies.

In Oregon, an insurance policy cannot require that an insured submit to arbitration without the insured's consent. The state of Oregon has a long-time respect for the right to trial by jury. Article I, section 17 of the Oregon Constitution provides: "In all civil cases the right of Trial by Jury shall remain inviolate."

Insurance Journal: Oregon Warns Insurance Industry About Arbitration Clauses

by C. Michael Arnold, Attorney at Law,
Eugene, Oregon Arnold Law Office, LLC

Oregon's Raft and Kayak Tax Likely to Drown in Committee

According to Rep. Terry Beyer’s office (House Transportation Committee Chair), they have heard from “a lot of constituents, non-constituents, and even people from Washington” all opposed to Oregon House Bill 3447. It doesn’t sound like it’s going to even get a hearing and will thus drown in Committee.



Word about this potential boater tax travelled quickly through the Oregon and Washington online whitewater communities. Well done!

by C. Michael Arnold, Attorney at Law,
Eugene, Oregon Arnold Law Office, LLC
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This is a follow-up on last Friday's blog: Oregon's Proposed Raft and Kayak Tax



Photo: The author's dog on the Coast Fork Willamette after the author paid gas taxes but prior to paying the post-boating beer tax.

Oregon's Proposed Raft and Kayak Tax

Oregon House Bill 3447 would require Oregonians to buy nonmotorized boat permits for their rafts and kayaks.

The biennial fee would be $50 for one boat or a maximum of $300 if you own a play boat, creek boat, inflatable kayak, raft, and cat (5 or more boats is $300 total). The maximum penalty for failing to display a permit would be $90.

Apparently this is Oregon's attempt to pay for House Bill 2220, which would require check stations to examine boats for aquatic invasive species. HB 2220 doesn't provide for any funding, thus this tax on Oregon's rafters and kayakers.

Whitewater boating is not cheap to do safely. The above photo is the author's wife rafting the middle McKenzie River at higher water.

This bill would tax our family $150 after we already injected thousands of dollars into the Oregon economy purchasing all of the gear, not to mention the hundreds of dollars in gas money and the resulting gas tax traveling around Oregon to rafting destinations.

I challenge the legislature to produce any evidence of a whitewater kayak or raft ever transferring an invasive species. Ever seen a zebra mussel attached to the bottom of a creek boat? I haven't.

Oregon's whitewater boaters do more to protect our creeks and rivers than almost any other group. Visit http://www.oregonkayaking.net/ for an example of Jason Rackley's efforts.

This bill originated in the House Rules Committee. I contacted Vice-Chair Chris Edwards' (D-Eugene/Santa Clara) office and learned that it was referred to the Transportation Committee, where Terry Beyer of Springfield is the chair. This committee has until April 17th to hear all of its bills.

Please call (503-986-1412) or email Terry Beyer's office and tell them to bury this in committee. It should never see the light of day. Call Rep. Beyer's office and say, "Please stay out of our rafts and kayaks by drowning House Bill 3447!"

Click here to find your Oregon legislator.

by C. Michael Arnold, Attorney at Law,
Eugene, Oregon Arnold Law Office, LLC

DUII Arrests May Soon Be Expungible

Current law does not allow traffic arrests to be expunged like other crimes. However, a new bill that just passed the Oregon House may change that. This will protect those clients who were wrongfully arrested when no charges were filed, the case was dismissed, or a jury acquitted them at trial.

Under current law, the arrest shows up on a driving record and has hampered many people from jobs where driving is a requirement.

The Albany Democrat Herald reports: Law to Clear False DUIIs Advances

by C. Michael Arnold, Attorney at Law,
Eugene, Oregon Arnold Law Office, LLC

Justice Delayed = Justice Denied: Oregon courts to close on Fridays

As a huge insult to the separation of powers, the Oregon legislative branch is cutting funding to the judicial branch. March 13 through the end of June the courts will be closed on Fridays. Lengthy delays can be expected in civil matters such as landlord/tenant disputes, divorce, child support and child custody cases.

This means that children will not have certainty on where they will be living. Landlords won't be able to get rid of tenants who are damaging their homes. Victims of frivolous stalking and restraining orders will have a delayed chance to get a hearing, allowing abusers of the system to continue using the system to steal custody away from another parent. Taxpayers will learn firsthand the value of the justice system and the impact of justice denied.

Attorneys advising clients on the risks of trial are now having to advise clients on the chances of even getting a trial in a reasonable time. During a settlement conference last Tuesday, the settlement judge informed me and my client of an email he just received from the Chief Justice discussing the budget crunch through the end of June. We had a June date for a jury trial. With a client who has already had to endure three years of financial problems waiting for compensation, the uncertainty of actually getting a trial was worse than the uncertainty of a particular trial result. To him and his family, justice delayed any further than it has already been delayed is truly justice denied.

Oregonian article: State budget crunch prompts Oregon courthouses to close Fridays beginning March 13
Eugene Register-Guard article: Oregon courts may find savings in four-day week