HOUSE COMMITTEE ON JUDICIARY

 

 

June 19, 2003 Hearing Room 357

1:00 p.m. Tapes  223 - 224

 

MEMBERS PRESENT:            Rep. Max Williams, Chair

Rep. Robert Ackerman, Vice-Chair

Rep. Gordon Anderson, Vice-Chair

Rep. Jeff Barker

Rep. Bob Jenson

Rep. Jerry Krummel

Rep. Greg Macpherson

Rep. Floyd Prozanski

Rep. Lane Shetterly

 

STAFF PRESENT:                  Bill Taylor,  Counsel

Nancy Massee, Committee Assistant

 

MEASURE/ISSUES HEARD:            HB 2759 Work Session

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

TAPE 223, A

003

Chair Williams

Calls the meeting to order at 1:12 p.m.  Opens work session on HB 2759.

HB 2759 WORK SESSION

013

Chair Williams

Comments on interest groups and committees working with addressing the court funding issues.

036

Bill Taylor

Committee Counsel. Explains HB 2759 which eliminates legislative policy and intent that judges of circuit court need adequate court services to assist courts in exercising jurisdiction over family and family-related matters. Discusses amendments to be considered, -2, -9, -18, -19, -21, -22, -23, -24, and -25 (EXHIBITS  A-I). 

077

Chair Williams

Comments on amendments.

099

Doug Bray

Trial Court Administrator, Multnomah County. Introduces Susan Klosterman and Judge Dale Koch. Mentions that the Oregon State Bar will speak to the -21 amendments.

124

Bray

Discusses the -2 amendments which adjust all fees. Speaks to the -9 amendments and the -18 amendments.

208

Bray

Explains the -21 amendments. Discusses the -22 amendments.

258

Bray

Continues discussing the -22 amendments.  Explains the -24 amendments.  Explains how -25 amendments change how violations are handled in fee schedules.

381

Rep. Jenson

Asks about the -2 amendments.

387

Bray

Responds on the public safety budget.

407

Rep. Jenson

Asks about the -18 amendments. 

TAPE 224, A

011

Rep. Barker

Asks about the Brown vs. Multnomah County case.

013

Bray

Discusses the case.

029

Rep. Barker

Asks about refund of filing fees.

038

Bray

Responds on 15-day period for filing for refund.

045

Rep. Krummel

Refers to the -22 amendments and asks about a concern of creating loss of access to the court.

055

Bray

Says that is a serious concern.

063

Rep. Krummel

Asks if a series of motions are filed, can there be a daily cost.

078

Chair Williams

Explains how papers are handled in a process with multiple filings.

126

Judge Koch

Multnomah County Circuit Court.  Testifies in support of HB 2759 and gives example of how multiple filings can be processed.

150

Rep. Krummel

Discusses court fees.

168

Vice Chair Ackerman

Asks if types of fees have been considered for certain proceedings.

178

Bray

Agrees that those proceedings may support a fee.

191

Vice Chair Ackerman

Wonders if the committee should pursue these alternative funding methods.

200

Bray

Answers that they have tried to come up with other funding for a revenue basis.

207

Vice Chair Ackerman

Refers to -21 amendments. Wonders if agricultural committee needs the current mediation program.

218

Bray

Defers to the Oregon State Bar and Oregon Legal Services to address that issue.

238

Vice Chair Ackerman

Asks about the -22 amendments and elimination of fees.

241

Bray

Talks about those proceedings.

271

Rep. Macpherson

Asks about costs of civil litigation in business.

282

Bray

Responds that the filing fee is $167; the jury trial fee is $175; and the court trial fee is $75.

295

Rep. Macpherson

Asks about cost of range of service that the courts deliver.

310

Judge Koch

Comments on the court fees  and describes difficulty in sorting out cases by type.

322

Rep. Macpherson

Asks if there has been any analysis done regarding the court cost and attorney fees.

334

Bray

Replies that it is difficult to attach a specific fee to a type of case.

352

Rep. Macpherson

Asks about the dispute resolution process.

363

Bray

Says that he is not prepared to answer that question.

369

Rep. Prozanski

Refers to the -22 amendments, Section 9, page 8. 

419

Judge Koch

Answers there is a fee for the filing of a motion and that fee is for filing a response.

434

Rep. Prozanski

Asks if there is an issue for certain individuals to be able to bring their enforcement actions forward.

441

Judge Koch

Answers that the fee for that motion is $45 and can be waived or deferred with a judgment entered against the responding party.

TAPE 223, B

010

Rep. Prozanski

Asks if judges across the state will be willing to defer the fee.

020

Judge Koch

Responds on enforcement obligations.

035

Rep. Prozanski

Asks when jury trial fee is due; is it when trial is set or when they initially file.

036

Bray

Answers due at the time trial is set.

039

Rep. Prozanski

Asks how much will be collected under Section 9, page 8 of the -22 amendments.

044

Klossman

Believes approximately $1.5 million.

059

Michael Mason

Confederated Tribes of the Warm Springs Reservation/Chair, Legal Aid Services of Oregon. Testifies in support of the -2 amendments and the -21 amendments. Describes how offices would have to be closed without this bill.

168

Bob Oleson

Oregon State Bar. Testifies in support of HB 2759 and the amendments.

183

Jim Markee

Oregon Collectors Association and Mortgage Lenders Association. Describes work group that worked on fees. Supports HB 2759 and amendments.

247

Vice Chair Ackerman

Asks what type of mediation is being done through the Department of Agriculture.

252

Mason

Answers that it is a wide range of legal cases. Does not know who does the mediation.

266

Vice Chair Ackerman

Asks if there is a “means” test. Wonders if we are subsidizing people who can pay.

269

Mason

Says he does not believe there is a “means” test and that it is family farmers using the service.

274

Vice Chair Ackerman

Asks about filing fees for summary judgment proceedings. Asks if they have discussed a fee structure for these proceedings.

283

Olson

Answers that there has been a lot of discussion about different ways to generate money.

291

Susan Grabe

Oregon State Bar. Testifies on HB 2759 and says that issue came up, but there was resistance to the idea so they did not pursue it.

300

Vice Chair Ackerman

Inquires who opposed it.

303

Grabe

Answers practitioners and court staff. Says they thought it would be difficult to track fees on motions.

316

Chair Williams

Comments that early next week there will be another work session on this bill and then the bill will be referred to Ways and Means.

332

Rep. Prozanski

Asks about a consolidated amendment.

336

Chair Williams

Says that there will be one consolidated amendment to vote on. 

367

Vice Chair Ackerman

Comments on issues raised for additional funds.

380

Chair Williams

Asks Vice Chair Ackerman to work with Mr. Mason on his amendment. Closes the work session on HB 2759. Adjourns the meeting at 2:32 p.m.

 

 

EXHIBIT SUMMARY

 

A – HB 2759, -2 amendments, submitted by staff, dated 3/20/03, 75 pgs.

B – HB 2759, -9 amendments, submitted by staff, dated 5/6/03, 3 pgs.

C – HB 2759, -18 amendments, submitted by staff, dated 6/13/03, 2 pgs.

D – HB 2759, -19 amendments, submitted by staff, dated 6/13/03, 3 pgs.

E – HB 2759, -21 amendments, submitted by staff, dated 6/13/03, 7 pgs.

F – HB 2759, -22 amendments, submitted by staff, dated 6/13/03, 11 pgs.

G – HB 2759, -23 amendments, submitted by staff, dated 6/13/03, 1 pg.

H – HB 2759, -24 amendments, submitted by staff, dated 6/16/03, 4 pgs.

I – HB 2759, -25 amendments, submitted by staff, dated 6/18/03, 4 pgs.