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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.
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