Upcoming Film Screening: The Law in These Parts

February 26, 2013

The Portland Chapter of the NLG and the Oregon Lawyer Chapter of the American Constitution Society will host a screening of the Law in These Parts

Thursday, February 28, 2013
5:30 p.m. – 7:30 p.m.
The Portland Building
1120 SW 5th Avenue, Portland, OR

This event has been approved for 2 CLE credits.
Light snacks will be provided.
No RSVP required, a small donation is encouraged.

The Law in These Parts explores the legal system during Israel’s occupation of the West Bank and Gaza. Featuring interviews with Israeli judges and lawyers, the film is a rigorous and challenging case study of one of the most enduring and controversial conflicts of our time. The New York Times noted that “[b]y keeping its focus admirably tight . . . ‘The Law in These Parts’ presents a devastating case against the occupation of the West Bank and Gaza Strip. Investigating the legal system in the occupied territories, the film is fundamentally an inquiry into Justice. It makes a forceful argument: Justice and the occupation are incompatible.” The screening will last approximately ninety minutes and will be followed by a discussion.

Persons applying for CLE credit for the event should read
Applicability of International Humanitarian Law to the Occupied Palestinian Territory before the screening.

Additional background materials include:
John Quigley, The Case for Palestine: An International Law Perspective (Duke University Press: 2005)

David Kretzmer, The Occupation of Justice, The Supreme Court of Israel and the Occupied Territories (SUNY Press: 2002)

Book review of Kretzmer book: Michael Sfard, The Human Rights Lawyer’s Existential Dilemma, 38 Israel Law Review No. 3, 154-169 (2005)

Papers from a 2012 conference at Hastings Law School on “Litigating Palestine,” 35 Hastings International and Comparative Law Review No. 1 (2012)

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Portland NLG Members Secure a Place for AMA Coalition at the Bargaining Table in the Portland Police Reform Case

February 26, 2013

On February 19, 2013, U.S. District Court Judge Michael Simon ruled that the AMA Coalition for Justice and Police Reform can participate in mediation with the City of Portland, the Department of Justice and the Portland Police Union to address a settlement agreement on police reforms. The settlement agreement arises out of a suit by the U.S. Department of Justice, which alleges that Portland Police use excessive force in interactions with people who are mentally ill, or who are perceived to be mentally ill. The AMA Coalition sought to participate in the suit on the ground that the settlement agreement reached by the City of Portland and the Department of Justice was not strong enough to effectively address problems with Portland Police use of force. In response to the AMA’s motion to intervene, Judge Simon granted the AMA coalition a seat at the negotiating table, recognizing that the AMA Coalition has done extensive community outreach and has an important perspective that should be heard. For more information, see the coverage in the Oregonian, the Portland Tribune, the Portland Mercury, and The Skanner.

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Portland NLG Student Chapter Represents Complainants Before Citizen Review Committee

February 20, 2013

The Portland NLG Student Chapter has a number of volunteers who represent individuals who wish to appeal the City’s findings in police misconduct complaints. Here, law student Dana Gross describes her experience.

Last month, I acted as an advocate for a complainant at a Citizen Review Committee (CRC) appeal from the findings in her police misconduct complaint. The City of Portland Independent Police Review division (IPR), the City body charged with handling police misconduct complaints, issued the findings. After Internal Affairs investigates, the IPR may issue a finding of either “not sustained” or “sustained.” The complainant and the officer each have the right to request an appeal to the CRC, the nine-member panel, composed, as the name suggests, of private citizens.

In my case, the complainant was an elderly woman who claimed that an officer had used excessive force against her when the officer was clearing a city block near her apartment as part of the police response to nearby Occupy Portland activities. The complainant was physically unharmed from the encounter, but it was a scary experience for her.

Over a year after the incident that led to the hearing, and three weeks after the hearing was originally scheduled, a room full of people met for the CRC Appeal Hearing at the Portland Building. Different interests were represented – the complainant with me, the NLG supervising lawyer, the complainant’s Appeals Process Advisor, and our friends in the audience; the officer with his supervisor and Police Bureau representatives; the City Attorney; Independent Police Review; the CRC members; and community members including members of Portland Copwatch. The client gave a summary of what happened, supplemented by her witness and questions from me and the NLG attorney. The police officer gave a somewhat contradictory version of what happened, supplemented by his colleagues. After questions and comments by the CRC members and public, we gave rebuttal statements.

The CRC may make one of three possible findings: (1) Exonerated – meaning the officer did not violate any bureau policy; (2) Sustained – meaning that the officer’s actions did violate bureau policy; or (3) Unproven – meaning that there is not sufficient information on which to base a firm decision. Any of these findings may be accompanied by a debriefing, meaning that the officer’s supervisors would have a conversation about different ways to handle a situation.

In this case, we were surprised and excited when the wheels of justice turned slightly. The CRC voted against affirming the IPR’s decision to exonerate the officer! Instead, the CRC found that the charge was unproven. After all the preparation, and the adrenaline, and excitement balanced by the political realities of the system, it was wonderful to receive a somewhat favorable outcome and a degree of community-recognized justice for the complainant.

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NLG Represents Albina Ministerial Alliance Coalition in Motion to Intervene Police Reform Case

January 15, 2013

Portland NLG members Ashlee Albies and Shauna Curphey have filed a motion to intervene in a federal lawsuit on behalf of the Albina Ministerial Alliance Coalition for Justice and Police Reform. The AMA Coalition seeks to intervene as a plaintiff in the in the suit brought by the U.S. Department of Justice against the City of Portland over unconstitutional conduct by the Portland Police Bureau. The motion argues that the settlement agreement failed to address concerns raised about police use of force against people of color; lacks strict restrictions on police use of Tasers and provides no formal process for court oversight once an agreement is signed, among other issues. NLG member Mark Kramer assisted with the motion.

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Portland NLG Member Mark Kramer Sues City to End Fines Against Homeless Encampment

December 13, 2012

The owners and tenants of the Right 2 Dream Too homeless camp in downtown Portland filed suit against the City of Portland on Monday, December 10, with the help of Mark Kramer, a member of the Portland NLG. Right 2 Dream opened on a plot of vacant land at the corner of Northwest Fourth Avenue and Burnside last year, with the permission of the property owners.

The City has fined the property owners $1,346 per month for violating recreational campground codes. Fines currently total approximately $10,000. The lawsuit alleges that the City unfairly designated Right 2 Dream Too as a recreational campground and asks that the City treat it like Dignity Village, a transitional housing site in Northeast Portland that isn’t subject to the same standards as a “recreational” site. State law allows two such sites in each city.

Approximately 80 to 100 homeless people take shelter at Right 2 Dream Too. They marched to City Hall following the filing of the lawsuit, to present the Complaint directly to the mayor.

The lawsuit and march received coverage on OPB, in the Oregonian and in the Portland Mercury.

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Portland NLG Comments on Portland Police/Dept. of Justice Settlement Agreement

November 14, 2012

The Portland NLG submitted the following commentary to the City Council:

Dear Mayor Adams and City Commissioners:

Thank you for the continuing opportunity to weigh in on the Department of Justice/City of Portland Settlement Agreement. We know the City and the DOJ have worked very hard on drafting and modifying this agreement, and appreciate that effort, including the most recent changes. We hope, however, that the Agreement is not final and the City will continue to consider community input. Toward that end, we highlight some additional concerns here.

USE OF FORCE

During my testimony at the City Council meeting last Thursday, Mayor Adams asked for clarification on the difference between our proposed language for the use of force policy to require “the least amount of force necessary to achieve a lawful objective” and the current language of “only the force reasonably necessary to achieve a lawful objective.” Words have tremendous practical as well as symbolic value; the “least amount of force” connotes a fundamental shift in the Bureau’s approach to use of force. The use of the term “least amount of force” rather than what is “reasonably necessary” would create a more cautious approach.

We also support the specific recommendations and analysis made by Tom Steenson related to use of force, in his letter dated November 12, 2012.

OVERSIGHT AND ACCOUNTABILITY

We support the Citizen Review Committee’s request for extending the 21-day deadline for the CRC to resolve an appeal. (Paragraph 121). As the members of the CRC testified, they are all volunteers, dedicated volunteers, but many have jobs that make this timeframe to restrictive. In addition, the NLG offers volunteer advocates for the CRC hearings, and we require three weeks notice in order to find a volunteer advocate and allow adequate preparation time. Shortening this timeframe to 21 days will make it very difficult, if not impossible, to continue to offer this service.

We continue to urge the City to define the CRC review standard of “supported by the evidence” as “preponderance of the evidence” rather than the “reasonable person” standard, which has proved to be overly deferential. (Paragraph 61). A preponderance of the evidence standard is not only more easy for the public and the CRC to understand, it would enhance the legitimacy of the review process, something the DOJ agrees is currently lacking.

We appreciate that lawsuit payout information is included in the COCL semi-annual reviews, but urge the broadening of the category of information from just “settlements” to include judgments and jury awards. (Paragraph 170.e.v.). All three of these categories are important to help identify deficiencies in policy and training, and/or issues with particular officers.

For a Better World,

J. Ashlee Albies, Co-Chair
National Lawyers Guild
Portland, Oregon Chapter

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Undocumented Youth to Press Gov. Kitzhaber for Executive Order on Immigrant Driver’s Licenses

October 26, 2012

PORTLAND—Oregon DreamActivist is demanding that Governor John Kitzhaber issue an executive order to return driver’s licenses to undocumented immigrants in the state of Oregon. The previous Democratic governor, Ted Kulongoski, took away licenses with an executive order; this governor can undo it. Four members of Oregon DreamActivist will walk from Pioneer Square in Portland to the Capitol in Salem starting on Friday to press for the freedom to drive safely on Oregon’s roads.

WHAT: Walk to demand return of Driver’s Licenses
WHEN/WHERE: Starting Oct. 26, 9AM at Pioneer Square in Portland
WHO: Oregon DreamActivist, Undocumented Families, Supporters

“I will walk for social equality and for the immediate demand to reinstate driver’s licenses for undocumented people,” said Sindy Avila, one of the walkers. “We will not stop fighting, organizing and sharing our stories until ALL of our communities are treated with dignity, respect and justice.” If one governor can take them away with an executive order, Oregon DreamActivist argues, another can give them back.

The walkers are expected to arrive at the State Capitol on October 30 at 12:00pm. Immigrant families can no longer wait while they continue to be placed at risk of racial profiling or being torn apart from their families on their way to school or work. While politicians have debated the merits of a Utah-style proposal—a driving “privilege” card that would invariably reveal the immigrant’s status to police—immigrant communities have grown more aware of the need for a real license proposal that allows them to travel safely to and from their homes and interact comfortably with law enforcement. Similarly, allowing police to recognize the matricula consular ID issued by the Mexican consulate also creates a two-tier system and prevents immigrant communities from feeling secure in their encounters with law enforcement, not to mention that many undocumented immigrants are not Mexican citizens. Safer roads will make all Oregonians secure and foster a better relationship between law enforcement and the immigrant community.

Oregon DreamActivist is launching a petition to Governor Kitzhaber through DreamActivist.org to support driver’s licenses in the state of Oregon. Please consider signing.

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