FAMILY LAW
EXECUTIVE COMMITTEE MEETING
Tuesday, October 8, 2002
In Attendance:
- Commissioner Susan Bradford
- Karma Dixon
- Steve Gunn
- Commissioner Scott Hadley
- Brent Johns, Louise Knauer
- Randy Ludlow
- Russ Minas
- Connie Mower (by phone)
- Stewart Ralphs
- Kellie Williams
Excused:
1. Minutes. The minutes for September 10 should reflect
that Louise was excused. With that change, Kellie made a motion to accept
the September 10 minutes, which was seconded by Randy. The minutes were
approved.
2. Budget/Section Finances. Louise will check with the
Bar to see what is covered by the section dues, and what may have changed
to reduce the money available for gifts. Kellie made a motion that Louise
speak with Arnold to discover the cause of any change, and that they look
at the past 6 years. Brent seconded, and the motion passed. Stewart noted
that we have deliberately kept monthly CLE costs low, so as not to make
money, and that more money should be made at the annual seminar.
3. Subcommittees
a. CLE. Karma will follow up with Howard on coordination
of CLE to be held in the upcoming year. Stewart suggested that civility
be included in all of the presentations, if possible.
Stewart thanked Kellie and Susan for completing responses for the Executive
Committee for the NLCLE.
b. Legislative Committee. Stewart reported that the
Child and Family Standing Committee made a recommendation that protective
orders for a child be filed in juvenile court which would require that
a parent file in juvenile court on behalf of a child and in District
Court for a protective order as a spouse. The juvenile court procedure
will mirror those presently in place in the District Court for cohabitant
abuse. Mandatory communication will be required where there are pending
actions in the District and juvenile courts. Mandatory certification
will be eliminated
On the issue of custody evaluations, the Standing Committee has recommended
two things: first, that evaluators do an Pre-Report Evaluation Summary
for the purposes of settlement at pre-trial and (2) if settlement does
not occur at pre-trial, the evaluator will do their full report and
prepare a Summary of Report which makes it easier for attorneys and
the bench to find information in the report. Commissioner Hadley added
that the Pre-Report Evaluation Summary would not be retained in the
court file.
Lori volunteered to clean up the visitation statute for custodial parents.
Karma reported on a few of the ORS proposals for legislation.
Stewart reported that the Domestic Violence Advisory Council will be
proposing a bill that protective orders not be consolidated into divorce
actions.
The bill regarding visitation enforcement will be run again by Jim
Ferrin.
The AG’s office has a grant to establish safe houses for transfer
of children for parent time. It is the Violence Against Women Grant
and the person working with the grant at the AG’s office is Tracey
Tabet
c. Annual Seminar. Kellie indicated that the committee
had determined that the presenters need to be more than just informative.
Presenters should be entertaining in order to draw section members.
It was suggested that a session dealing with pro se persons would be
helpful. Kate Toomey was suggested as a possible presenter because more
Bar complaints are filed against family law practitioners than other
areas of the law. Family Feud as presented by Commissioner Evans and
Dillon was a real success. Vale Hale could possibly present a form of
her Boot Camp.
Steve Gunn was appointed as a member of Annual Bar meeting committee.
d. Membership. Stewart will follow up with Judge Nehring
e. Procedural Rule Changes Subcommittee. Stewart reminded
everyone that Ellen had requested that the Executive Committee review
the Rules changes. Karma, Lori, Stewart, Russ and Steve were appointed
to serve on a subcommittee. Russ suggested that the Rules should include
some authorization for use of the present family worksheet.
4. “And Justice For All”. Further discussion
of a donation to “And Justice For All” was tabled until we
have a better handle on the finances.
5. Other business. Stewart discussed the current situation
with the Child Support Guideline Committee. The Committee is to make a
recommendation every 4 years regarding the guidelines. A company, PSI,
was hired to promulgate a new set of guidelines based on current economic
data. Although the company has provided the requested information, the
Committee has not been able to make a recommendation to the Legislature
because not enough members have attended the meeting to make the recommendation.
Thee Committee has tabled further action until new members have been appointed.
That means there will be no recommendation in 2003. All guidelines proposed
by PSI include the first $250 of medical expenses for children as part
of the child support, therefore, there would be no reimbursement unless
the out-of-pocket medical expenses exceed $250.
|
