SENATE COMMITTEE ON JUDICIARY

 

 

February 17, 2005                                                                                               Hearing Room 343

1:00 P.M.                                                                                                                      Tapes 38 - 39

 

MEMBERS PRESENT:         Sen. Ginny Burdick, Chair

Sen. Charles Starr, Vice-Chair

Sen. Roger Beyer

Sen. Floyd Prozanski

Sen. Charlie Ringo

Sen. Vicki Walker

Sen. Doug Whitsett

 

STAFF PRESENT:                 Joe O'Leary, Counsel

Dale Penn, Committee Assistant

 

 

MEASURES/ISSUES HEARD:

                                                Informational Meeting – Oregon’s Dispute Resolution System

                                                SB 337 – Public Hearing

                                                SB 248 – Public Hearing

                                               

 

 

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 38, A

004

Chair Burdick

Opens the subcommittee meeting at 1:13 p.m. and opens an informational meeting.

OREGON’S DISPUTE RESOLUTION SYSTEM – INFORMATIONAL MEETING

012

Bryan Johnston

Former law professor/dean/legislator.  Gives an overview of the informational meeting.

028

Honorable Susan Leeson

Retired, Associate Justice of the Oregon Supreme Court.  Discusses the State Court system, and their jurisdiction.  Points to the informational packet (EXHIBITS A – C).  Gives statistics on court case numbers.

087

Leeson

Explains the organization of the courts in Oregon by talking about Exhibit A.  Addresses what types of cases the different area courts face.

105

Leeson

Discusses Exhibit B and the court structure.

124

Leeson

Introduces information on the Federal court system, and points towards Exhibit C.

170

Leeson

Articulates a conflict between current Oregon law and federal law.

206

Johnston

Talks about the dispute resolution system.

220

Johnston

Gives a basic overview of 1970’s dispute resolution systems.

263

Johnston

Brings up the idea of litigation and how it fits into the idea of dispute resolution.

319

Johnston

Discusses the 1980’s and the new idea of arbitration.

400

Johnston

Talks about mediation, and its use in the system of dispute resolution.

451

Johnston

Summarizes the dispute resolution process.

TAPE 39, A

041

Leeson

Gives an overview of how dispute resolution is used by the court system.  Addresses the statistics of the courts and how they deal with the high number of cases.

120

Johnston

States that the legislature sits at the top of a pyramid of control over this entire system.

127

Chair Burdick

Wonders what the main reason is for a case going to trial or litigation.

130

Johnston

Replies that overconfidence in their chances of winning sends many cases to litigation; cites local examples.

141

Sen. Walker

Inquires about the term ”overconfidence” and also about our society being very litigious.

151

Johnston

Responds that there are arbitrators and judges advising the claimants about the validity and value of claims, although not all courts use them.

173

Sen. Walker

Raises the issue of why some people see the judicial system as adversarial.

183

Chair Burdick

Praises the witnesses on their presentations and asks about appealing the arbitration process.

191

Leeson

Discusses the appeal methods in the arbitration process.

201

Chair Burdick

Inquires if this process is used in labor disputes.

203

Leeson

Responds that yes, mainly it is in labor disputes, but also details where else this type of resolution process is utilized.

210

Chair Burdick

Desires advice on how the Senate Judiciary Committee can go about their jobs better and more informed.

214

Leeson

Expresses the importance in mediation systems.

247

Chair Burdick

Closes informational meeting and opens a public hearing on SB 337.

SB 337 – PUBLIC HEARING

248

Joe O’Leary

Counsel.  Describes SB 337, relating to wrongful sterilization.

263

Bob Joondeph

Director, Oregon Advocacy Center.  Testifies in support of SB 337 (EXHIBIT D).  Discusses the necessity of passing the bill.

330

Joondeph

Talks about a recent example dealing with accidental sterilization and its relationship with SB 337.

382

Joondeph

Addresses confidentiality records under state laws, and how they served as a template for SB 337.

375

Joondeph

Details the disciplinarian tactics available with the passage of SB 337.

432

Robert J. Castagna

Executive Director, Oregon Catholic Conference.  Testifies in support of SB 337.  Describes the need for protection for those who cannot protect themselves.

476

Andi Easton

Associate Director, Oregon Medical Association.  Reads testimony in opposition to SB 337 (EXHIBIT E).

TAPE 38, B

040

Easton

Continues reading testimony in opposition to SB 337.

069

Chair Burdick

Introduces testimony from Kathryn Weit and the Oregon Disabilities Commission (EXHIBITS F, G, & L).

080

Kathleen Haley

Executive Director, Board of Medical Examiners (BME).  Testifies in a neutral stance on SB 337 (EXHIBIT H).  Discusses examples of sterilization where consent was not obtained before surgery.

113

Sen. Walker

Asks how the Board disciplined the doctors in the two examples discussed earlier.

115

Haley

Responds there was no discipline after the investigation was complete.

120

Sen. Walker

Inquires as to the results of those cases.

126

Haley

Talks about the repercussions of the investigations.

131

Sen. Walker

Wonders about the redress available to the victim.

138

Haley

Outlines the BME’s process of disciplining a physician.

144

Sen. Prozanski

Inquires as to the compensation the two claimants received.

147

Haley

Responds that she does not have the information, but will get back to the committee.

148

Sen. Prozanski

Assumes the information would be available if they had a thorough investigation.

150

Haley

Reaffirms that they will get back to the committee.

153

Sen. Prozanski

Inquires as to relief given to the claimants, and if the Board will discipline a doctor based on court decisions.

160

Haley

States that the Board uses all information to arrive at their decisions.

163

Chair Burdick

Wonders about the two cases discussed, and if the doctors in both cases are the same physician.

166

Haley

Replies no, they were different people.

169

Chair Burdick

Inquires if the history of the physician goes into the response the Board will make.

175

Haley

States that there are many different things they look at before sending a response.

185

Chair Burdick

Closes the public hearing on SB 337 and opens a public hearing on SB 248.

SB 248 – PUBLIC HEARING

192

Joe O’Leary

Counsel.  Describes SB 248, relating to the power of the guardian to limit the administration of nutrition and hydration for a protected person.

199

Bob Joondeph

Summarizes testimony in support of SB 248 (EXHIBITS I & J).  Gives a background on the necessity for SB 248.

240

Joondeph

Discusses his involvement with a work group that re-wrote the guardian statutes of Oregon. 

272

Joondeph

Explains why a guardian should be able to make these types of medical decisions and how they could obtain this authority if it was in the protected person’s best interest.  Brings up the possibility of amendments.

305

Chair Burdick

Asks if the judge is a necessity in this decision.

306

Joondeph

Responds yes.

311

Tina Kitchin

Medical Director, Department of Human Services.  Submits testimony in support of SB 248 (EXHIBIT K).  Clarifies which individuals would fall under the need for guardianship.

349

Chair Burdick

Asks if they would support an amendment that Mr. Joondeph mentioned.

352

Kitchin

Responds yes.

364

Robert J. Castagna

Oregon Catholic Conference.  Testifies in support of SB 248 as printed.  Declares he has not been able to view any proposed amendment, and cannot give his support for any bill other than the current form.

398

Chair Burdick

Closes the public hearing on SB 248.

408

Chair Burdick

Adjourns the meeting at 2:35 p.m.

 

 

 

 

 

EXHIBIT SUMMARY

 

  1. Judicial Districts, Oregon, Susan Leeson, 1 p
  2. Court Structure, Susan Leeson, 1 p
  3. Courts, U.S., Susan Leeson, 1 p
  4. SB 337, written testimony, Bob Joondeph, 3 pp
  5. SB 337, written testimony, Andi Easton, 2 pp
  6. SB 337, written testimony, Kathryn Weit, 1 p
  7. SB 337, written testimony, Danielle Knight, 1 p
  8. SB 337, written testimony, Kathleen Haley, 4 pp
  9. SB 248, written testimony, Bob Joondeph, 3 pp
  10. SB 248, written testimony, Bob Joondeph, 3 pp
  11. SB 248, written testimony, Tina Kitchin, 2 pp
  12. SB 248, written testimony, Kathryn Weit, 1 p