The Domestic Violence Clinic is seeking help from men who want to support the clinic's work. The campaign is titled "Help Wanted! 1000 Men." Through this campaign, the clinic hopes to raise public awareness about its work and at least $10,000 to supplement government grants that fund the operation. Men who wish to participate are asked to send a $10 donation and have their name listed in a newspaper ad which will run in The Register Guard on Mother's Day.

The Domestic Violence Clinic represents victims of domestic violence in restraining order and stalking order cases. Third year law students at the University of Oregon School of Law work under the supervision of clinic director, Ann Kneeland, and staff attorneys at Lane County Legal Aid Service. The clinic, which began in 1998, assists about 400 clients each year.

• "Help Wanted! 1000 Men" contribution form
• More information about the Domestic Violence Clinic

  

Thanks to McKenzie River Broadcastingtingting

On Tuesday, September 21, 2004, United Way volunteers from McKenzie River Broadcasting came to our office and spent a sunny, fall afternoon pruning, landscaping, and beautifying the grounds outside our building during United Way's annual Day of Caring.

Each year, United Way volunteers offer their time and help to United Way agencies. This is the second year that staff from McKenzie River Broadcasting ("Magic 94.5" and "New Country 93") have come to help us. We so much appreciate their efforts.

Thanks to Dennis, Michelle, Dick and Yaz (not shown) for your cheerful energy and unselfish contributions to assist our programs. It was great to have you here!

  

Alice Plymell honored by Lane County seniors

For many years, Eugene attorney Alice Plymell has volunteered her time and expertise to help clients at Lane County Legal Aid, Law and Advocacy Center, and Senior Law Service. Alice has been practicing law in Lane County since 1963, and she was one of the first women lawyers to practice in Eugene. She seems always willing to take time out of her own practice to help others. Alice has been an inspiration to many of us, and we are proud to recognize her.

She was born on a farm north of Ontario, Oregon and went to Cal State in Sacramento and then to UO law school where she graduated in 1963. Alice herself is physically disabled. She made up her mind in 8^th grade that she would be a lawyer because she felt this was something she could do with her physical disability. She was interested in the challenge, and she stuck with it. There were only 3 women practicing in Lane County when she started out.

Alice is still going strong! On May 16, 2004, the Lane County Coalition of Senior Programs honored Alice as one of ten inspirational people over age 60 who are actively involved in work, community and volunteer projects and who exemplify the theme, "Aging Well, Living Well." In a ceremony at the Campbell Senior Center in Eugene celebrating Older Americans Month, the Coalition unveiled a special poster featuring photos of this diverse and interesting group and reflecting the many faces of Older Americans in Lane County. Related documents: May is Older Americans Month - Aging Well, Living Well -- The press release from the Lane County Coalition of Senior Programs (April 29, 2004) Open Doors -- Alice is featured in this article about the significance of the Americans with Disabilities Act (Oregon State Bar Bulletin, April 2001)

CLICK HERE FOR FULL SIZE IMAGE

  

Stop Violence Against Women Project Four Year Report

In August, 2004, the Domestic Violence Clinic and the Stop Violence Against Women Project at Lane County Legal Aid Service began their fifth year of operation. Legal Aid operates the Domestic Violence Clinic in cooperation with the University of Oregon School of Law. Third year law students provide courtroom representation to Legal Aid clients in sexual assault and domestic violences cases. Staff attorney Ann Kneeland has been appointed Director of the Clinic this year. Ann teaches the classroom component of the Clinic at the law school and, with the help of our other attorneys, supervises the work of the students at Legal Aid and in their court appearances.

The Stop Violence Against Women Project has issued its Four Year Report which details the progress and accomplishments of the program. The purpose of the report is to share information about this innovative civil legal services project designed to provide appropriate legal support and advocacy for victims of domestic violence and sexual abuse. Victim-service organizations, attorneys and the local law school collaborated to establish the successful Stop Violence Against Women Project which provides comprehensive legal and lay advocacy services for victims, educates new lawyers, and participates in a coordinated community effort to address domestic violence and sexual assault. Case statistics support our tremendous success in representing abused individuals and their children in contested hearings and trials. This report describes the services provided to clients by students, advocates, and attorneys; a history of the project and how it has met with unexpected challenges; our clinical model; and clinical training program. It also discusses how the needs of victims of sexual assault outside an intimate partner relationship differ from those of domestic violence and how the needs of both groups can be addressed.

For more information on the Domestic Violence Clinic and the Stop Violence Against Women Project, visit our Domestic Violence Programs webpage.

  

In Memory of Michael Arola

We were saddened by the recent death of Eugene attorney Michael Arola. For many years, Mike generously volunteered his time to help low income people through Lane County Legal Aid and Lane County Law and Advocacy Center. He will be greatly missed.

A gift from Mike's lawfirm, Hershner Hunter Andrews Neill & Smith LLP, has been used to establish the Michael Arola Memorial Pro Bono Fund, a portion of which was used to redecorate one of our intake offices as a memorial to Mike. This office is used by volunteer lawyers, law students and our staff to meet with persons seeking our help with their legal problems. It is a wonderful tribute to Mike.

We are grateful to Mike and to the firm for the help they have given us, and we are touched by this memorial.

CLICK HERE FOR PHOTOS

  

U.S. District Court Issues Favorable Decision in Hull v. Barnhart

In February 2002, the Social Security Administration suspended Edith Hull's SSI benefits and ordered her to repay past benefits on the grounds that she was a "fleeing felon" because there was an outstanding1995 Nevada arrest warrant arising out of a dispute with her former employer in Nevada. Ms. Hull had moved to Oregon from Nevada several months before the warrant was issued. She had no knowledge of the warrant and had never been contacted or sought by Nevada authorities about the charges. She argued that she was not "fleeing" prosecution. On June 23, 2004, U.S. District Court Judge Garr M. King agreed. He issued a decision finding that Social Security improperly suspended Ms. Hull's SSI benefits on the grounds that she was a "fleeing felon." Hull v. Barnhart, Case No. 03-6282-KI (D. Or., Jun. 23, 2004).

This is only the second federal court decision in the country interpreting the "fleeing felon" law which was enacted by Congress in 1996 and which applies to the SSI, food stamp, TANF and housing assistance programs. According to the law, a person is ineligible for SSI if they are fleeing to avoid felony prosecution, fleeing to avoid confinement after sentencing on a felony, or violating a condition of probation or parole.

The Social Security Administration argued that a person is "fleeing" anytime there is an active felony warrant, even if there is no evidence of intent to flee or if the state is not willing to extradite. Judge King disagreed, noting that the regulations implementing the law required a finding by the court that Ms. Hull was fleeing. Because there was no evidence of such a finding, he held that her benefits were improperly suspended.

Although the law was passed in 1996, it was not immediately implemented. As of July, 2004, over 158,000 SSI recipients had been identified under this provision. In 2001, Congress extended the provision to most veterans' benefits, and has enacted a similar restriction which will apply to Social Security benefits (to take effect in January, 2005).

The following documents in Hull v. Barnhart are available:

• Opinion by U.S. District Court Judge Garr M. King
• Plaintiff's Memorandum in Support of Petition for Judicial Review
• Defendant's Brief
• Plaintiff's Reply Brief

Ms. Hull was represented by Jim Kocher, a staff attorney at Lane County Legal Aid Service.

  

Law and Advocacy Center Complaints Prompt LIPA Investigation

Prompted by complaints from Lane County Law and Advocacy Center (LCLAC) and community members, a state investigation has revealed that Lane Individual Practice Association (LIPA) has violated state and federal rules and regulations in providing medical benefits to Lane County members of the Oregon Health Plan.

LIPA is a private for-profit corporation which administers the Oregon Health Plan to every Lane County client in managed care.  For years, alarm has grown in our community over widespread allegations of LIPA's improper denials and sometimes abusive treatment of disabled OHP clients and their providers.  Finally,  leading a group of dozens of concerned community members, Lane County Law and Advocacy Center took action.

This group compiled an impressive and disturbing list of instances of alleged LIPA wrongdoing andpresented these accounts to both state and federal oversight authorities and pressed the authorities to investigate.  The state, with considerable encouragement from the federal government and key interested state and federal legislators, agreed to do so.

The state has now produced a preliminary report of its investigation, which finds that LIPA has committed serious violations of its contract with the state, of state rules, and of federal regulations.  In several key areas, though, both the state's investigation and its preliminary report have fallen short.  The federal oversight authorities have yet to weigh in.

LCLAC and its concerned community allies will continue to insist on nothing less than a full accounting of LIPA's actions and effective implementation of strong remedies to insure that LIPA is  faithful to the public responsibilities with which the people have entrusted it.  The present and future health of thousands of poor and disabled Lane County citizens is at stake. 

The following documents are available:

• Preliminary Report -- Investigation of Lane Independent Practice Association
• "State finds insurance company broke rules" (The Register-Guard, May 27, 2004)
• "Misplaced priorities: State report faults LIPA for mistreating clients" (The Register-Guard, May 29, 2004)
• "State probes health company" (The Register-Guard, Apr 16, 2004)

Tim Baxter is the staff attorney at LCLAC who worked with community members to compile and investigate the complaints which prompted the state to launch its investigation.

 

Melissa Mona Receives Bandiero Award

Human rights activist, Melissa Mona, received the prestigious Emilio Bandiero Award from the Oregon Law Students' Public Interest Fund at its annual benefit auction and celebration on February 27, 2004. The award was presented to Melissa by U.S. District Court Judge Ann Aiken before a packed house of law students, faculty and community supporters at the University of Oregon School of Law.

Melissa is a member of the staff at the Lane County Law and Advocacy Center. She serves on the Whitebird Board of Directors, the Lane County Law Library Committee, the Break the Chains prisoner support group, the Eugene Homeless Initiative and was formerly a member of the Eugene Human Rights Commission. In her spare time, she is studying Spanish (she is already fluent in English, French, and Ogalala Lakota - and reads and writes Arabic!). She has devoted countless hours and energy to supporting human rights, promoting equal justice and seeking freedom for political prisoners, including Native American leader Leonard Peltier. The Bandiero award is given annually for outstanding service in public interest law.

 

Summary of 2003 Legislation Unless otherwise specified, the new laws passed by the 2003 Oregon legislature become effective on 1/01/04. Here is a guide to some of the changes affecting legal services clients: Administrative Law HB 2526 (Ch. 75) (effective 5/22/03) -- replaces the Hearing Officer Panel with the Office of Administrative Hearings (OAH) and changes hearings officers into administrative law judges SB 17 (Ch. 254) -- prohibits discrimination by state agencies against persons with disabilities Child Abuse HB 2050 (Ch. 191) -- mandatory child abuse reporters (including attorneys) must report if they are aware that a child is being allowed to enter or remain in a place where methamphetamines are being manufactured Child Support HB 2711 (Ch. 421) -- provisions related to collection of child support by collection agencies on behalf of the State Dept of Justice HB 2141 (Ch. 373) -- authorizes a single writ of garnishment for two or more judgments for past-due child support owed by the same judgment debtor (e.g. where a man owes child support to more than one woman) HB 2111 (Ch. 419) -- child support modifications may be retroactive to the date of service -- credit against arrears if child with obligor or for retroactive Social Security or veteran's benefits paid to the child HB 2110 (Ch. 572) -- child support credit if child receives Social Security or veteran's benefits HB 2095 (Ch. 637) -- requires child support order to require health insurance with certain exceptions -- notice and enforcement provisions HB 2277 (Ch. 116) -- requires litigants to notify the court/administrator of existing support orders and pending support cases Civil Procedure HB 2646 (Ch. 576) -- complete revision of Oregon laws governing judgments in all civil actions and criminal actions -- all judgments must be either general, limited, or supplemental judgments -- provisions regarding captions, appeals, money judgments, and renewal SB 42 (Ch. 228) -- provides that statutes of limitations and procedural statutes that refer to year(s) mean calendar year(s) SB 41 (Ch. 393) -- attorney fees may be recovered under void or unenforceable contract HB 2305 (Ch. 86) (effective 5/24/03) -- re subpoenas for medical records -- changes ORCP 55 H to comply with HIPAA ORCP 43 B -- imposes a continuing duty on parties to supplement discovery responses ORCP 47 C -- requires motions for summary judgment to be filed and served at least 60 days before trial (changed from 45 days) UTCR 7.060 (effective 8/1/03) -- requires an ADA accommodation request to be made at least 4 days prior to a proceeding -- specifies procedure for request UTCR 7.070 and 7.080 (effective 8/1/03) -- requires a request for foreign language interpreter to be made at least 4 days prior to a proceeding -- specifies procedure Consumer Law SB 159 (Ch. 359) -- enacts new regulations concerning payday loans HB 2061 (Ch. 79) -- minor revisions to exemptions statute HB 2274 (ch. 85) -- revises garnishment statutes and procedures HB 3316 (Ch. 312) -- allows merchants to verify identity of (credit or debit) cardholder but prohibits merchants from writing information on transaction form Domestic Relations HB 2177 (Ch. 292) (effective 6/11/03) -- prohibits stalking order against corrections/parole/probation officers by inmates and others HB 3015 (Ch. 380) (effective 6/16/03) -- confidentiality of social security numbers in domestic relations cases and child support orders -- numbers not to be listed in petitions and other court documents SB 801 (Ch. 414) -- provides an automatic financial restraining order upon filing and service of petition in domestic relations cases Elder/Disabled Abuse SB 37 (Ch. 257) -- allows guardian or guardian ad litem to file petition under EAPA (Elderly and Disabled Person Abuse Prevention Act) SB 118 (Ch. 264) -- expands definition of abuse to include sexual comments or conduct that threatens significant physical or emotional harm -- renames EAPA as the "Elderly Persons and Persons with Disabilities Abuse Prevention Act" (EPPDAPA???) SB 119 ( Ch. 265) -- authorizes attorney general and district attorneys to investigate physical or financial abuse of elderly/disabled HB 2449 (Ch. 211) -- allows treble damages for abuse of elderly/disabled Landlord and Tenant HB 2765 (Ch. 378) -- provides that housing discrimination may be shown by disparate impact -- allows victims of domestic violence to change locks or terminate rental agreement without penalty -- new provisions re drug and alcohol free housing -- adds reckless endangering and false information on rental application as grounds for 24 hour termination notice -- new provisions re stipulated agreements in eviction cases SB 908 (Ch. 658) -- provisions re manufactured home tenancies -- applies Unlawful Trade Practice Act to MH landlords who reject purchasers of tenants' MHs -- provisions re abandoned MHs Military Service Protections HB 3601 (Ch. 387) (effective 6/16/03) -- protections for Oregon residents called up for active military duty -- allows early termination of rental agreements, limits creditors to 6% interest, authorizes court to stay eviction proceedings, allows service members to seek relief from financial obligations, requires employers to give a leave of absence, provides for continued health plan coverage in certain circumstances Public Assistance HB 3629 (Ch. 663) -- allows DHS to issue warrant for overpayment of public assistance or food stamps if not repaid within 30 days HB 2156 (Ch. 638) -- authorizes DHS to record a request for notice of any transfer or encumbrance of real property in which a recipient of public assistance holds or owns an interest

 

New Housing Law Resources on our Website

A new interactive index of the Oregon landlord-tenant act and eviction procedures is one of the features on a new webpage of housing law resources on the Civil Clinic portion of our website. The new webpage has sections on Oregon landlord-tenant law, subsidized housing programs, fair housing, legal services backup centers (National Housing Law Project and Bazelon Center for Mental Health), and contact information for housing agencies.

The indexes to the landlord-tenant act (ORS Chapter 90) and eviction procedure (ORS Chapter 105) are linked so that you view any of the statutes by clicking on the statute number or description. Although the statutes have been available online for several years, there was no index to individual statutes and no easy way to find a particular statute if you did not already know the specific ORS number.

The webpage also contains extensive links to specific landlord-tenant information from the Lane County Legal Aid Service, the Oregon State Bar, Legal Aid Services of Oregon, and the Bazelon Center.

 

Governor Kulongoski Praises Legal Aid

"Lawyers who work for Legal Aid are the keepers of Oregon's tradition of tolerance and fair dealing - a tradition that is as much a part of our quality of life as the coast, mountains and high desert. We're all better off when the light of social justice is brought to families whose stories are invisible - and whose ability to fight back, without help, is a pipe dream." Oregon Governor Ted Kulongoski March 7, 2003

 

Kids First: Safe Alternatives Center

Kids First is a community program that provides on-site supervision of parenting time in a safe, neutral setting. This service is geared toward low income families affected by domestic violence and is staffed primarily by trained community volunteers. The program is a partnership of Lane County Legal Aid Service and the Marriage & Family Therapy specialization, University of Oregon, College of Education.

CLICK HERE FOR MORE INFORMATION ABOUT KIDS FIRST

 

U.S. Supreme Court strikes down gay sex ban

 

US Supreme Court decisions in Michigan affirmative action cases

Gratz v. Bollinger -- The University of Michigan's use of race in its freshman admissions policy violates the equal protection clause because it is not narrowly tailored to achieve diversity.

Grutter v. Bollinger -- Michigan Law School's use of race in admissions decisions to further a compelling interest in obtaining the educational benefits that flow from a diverse student body is not prohibited by the equal protection clause.

 

New Child Support Guidelines and Calculator

 

US Supreme Court upholds IOLTA programs

The IOLTA programs use interest earned from short-term trust accounts that lawyers use to hold clients' money. The court held that the practice was not unconstitutional because the client does not lose anything. Justice Stevens pointed to ''the dramatic success of these programs in serving the compelling interest in providing legal services to literally millions of needy Americans."

Walter Dellinger, the attorney who defended the programs, said the court's ruling is ''hugely important for legal services for the poor, preserving more than $200 million a year in funding for everything from tax assistance for the elderly to access to health care to custody disputes."

In his dissent, Justice Antonin Scalia said the court seemed to be embracing a new concept. He called it ''the Robin Hood Taking, in which the government's exaction of wealth from those who own it is so cleverly achieved, and the object of the government's larcenous beneficence is so highly favored by the courts (taking from the rich to give to indigent defendants) that the normal rules of the Constitution protecting private property are suspended."

The Brown case involved a challenge by a conservative legal foundation against the Washington state IOLTA program. The April 2003 Bar News of the Washington State Bar Association features a follow-up article, If You're So Smart, Why Aren't You Running Legal Services? A Challenge to Its Critics by Lindsay Thompson.

 

NEWSPAPER ARTICLES CHRONICLE DEVASTATING BUDGET CUTS

Drug costs kick poor off transplant list  (3/31/03) Help with prescription drugs on the way for county's seniors  (3/31/03) Thousands could lose health coverage (3/24/03) Man who lost drug coverage suffers seizure   (3/14/03) Shortfall has neediest facing 'bare-bones' health coverage   (3/8/03) State looks at suicide of patient, loss of drug aid   (3/7/03) Prescription help is out there for those in need   (3/5/03) Private solution to public problem: Rx Project seeks donors to help those who lost drug coverage   (3/5/03) One budget down, one more to go   (3/5/03) Deal prevents medical aid cuts   (3/1/03) Plan seeks to plug budget hole   (3/1/03) State of Hunger: Leaders seek to eliminate Oregon 'shame'   (2/28/03) Budget deal raids reserve accounts   (2/28/03) List of state cuts in services   (2/28/03) Pilot project calls for `radical restructuring'   (2/28/03) The human face of crisis: Lane County people brace for loss of Oregon Health Plan benefits   (2/28/03) Health plan a leader no more   (2/17/03) House passes one bailout bill as hole grows   (2/13/03) Human Services struggles to cut budget fast enough   (2/12/03) A care package: House Budget Committee approves a $15.5 million medical bailout   (2/11/03) Measure's failure sets stage for lawyers   (2/4/03) Cuts to balance state's books will turn lives upside-down   (1/31/03) Legislators allow new cuts to kick in   (1/30/03) Suicides of mentally ill facing cuts scrutinized   (1/24/03) State postpones the eviction of about 100 disabled people   (1/18/03) State warns elderly of cuts   (1/18/03) Groups suing to save services   (1/17/03) Suit fights care-home evictions   (1/09/03) Hundreds protest cuts in safety net   (1/09/03) State cuts off aid checks to disabled   (1/08/03)

 

Legal Aid Services of Oregon Launches Website (12/09/02)

Located in Portland, Oregon with branch offices throughout the state, LASO provides legal aid services to thousands of Oregonians each year. It is one of the three legal services programs in Oregon which is funded by the national Legal Services Corporation. The other two are Lane County Legal Aid Service in Eugene and Marion-Polk Legal Aid Service in Salem.

Click here for our interactive map of Oregon legal services offices.

 

Columnist Spotlights Need for Pro Bono Legal Services (7/30/02)

In his column titled "Poor in need of legal aid" Welch points out that "ordinary folks can't waltz into a courtroom and have any hope of dealing with the complicated process, much less of getting justice." Welch quotes from an Oregon legal needs report in 2000 which showed that "in less than one in five cases did such people get the legal help they needed."

Welch goes on to discuss the role of the private bar in providing pro bono legal assistance to the poor.

 

Supreme Court Rules Against Disability Applicant (7/30/02)

In the case of Barnhart v. Walton, the United States Supreme Court recently ruled against a man who tried to go back to work while waiting for Social Security and Supplemental Security Income disability benefits.

Cleveland B. Walton suffered from severe mental illness involving both schizophrenia and depression which caused him to lose his job as a teacher. After 11 months, he was able to work as a cashier. The Social Security Administration (SSA) denied benefits to him because his "inability" to engage in substantial gainful activity lasted only 11 months.

The Fourth Circuit Court of Appeals ruled in Walton's favor because, prior to his return to work, his "inability" would have been "expected" to last 12 months and because his work counted as part of a 9-month trial work period during which persons "entitled" to Title II benefits may work without loss of benefits.

On March 27, 2002, the US Supreme Court ruled against Cleveland Walton. In an opinion by Justice Breyer, the Court held that an applicant who returns to work within 12 months is not eligible for benefits and that such work cannot be considered a trial work period. In doing so, the Court overruled the 4th, 6th, 7th, 8th and 10th Circuits.

It often takes over a year for a person to be awarded disability benefits, and many persons attempt to return to work either because they are destitute or because they would simply rather work if possible. The Court's decision will discourage persons from attempting to work and will penalize those who do. It also encourages SSA to delay disability decisions for more than a year. Although the Court acknowledged these points, they nonetheless held that the Agency's interpretation of the statute was permissible. (Click here for an analysis critical of the decision)

 

Kids First Open House (4/6/02)

Kids First: Safe Alternatives Center hosted an open house on April 5 at their beautiful new home located in the former Whitaker School building. Kids First is a community program which provides on-site supervision of parenting time in a safe, neutral setting. This service is geared toward low income families affected by domestic violence and is staffed primarily by trained community volunteers. The program is a partnership of Lane County Legal Aid Service and the Marriage & Family Therapy specialization, University of Oregon, College of Education. Congratulations to Caroline, Lisa and all the volunteers who have contributed so much to create this wonderful program!

7/30/02 Update -- Lisa has left Kids First, and Megan Thompson has taken her place as the volunteer coordinator. Thanks to Lisa and welcome to Megan!
(Click here for more information about Kids First: Safe Alternatives Center)
(Click here for a slide show of the open house)

 

US Supreme Court upholds public housing drug eviction law (4/4/02)

On March 26, 2002, the US Supreme Court ruled that a public housing tenant may be evicted if any family member or guest is caught using illegal drugs -- even if the tenant was unaware of the drug use. In a unanimous 8-0 opinion by Chief Justice Rehnquist (Judge Breyer did not participate), Department of Housing and Urban Development v. Rucker, the Court upheld the federal government's "one strike and you're out" drug policy for low-income housing projects.

The case originated in 1998 with a federal lawsuit by four evicted public housing tenants from Oakland, California, including Pearlie Rucker, 63, a great-grandmother whose mentally disabled daughter was arrested for crack cocaine possession near their apartment complex. Rucker and the other former tenants argued that the "one strike and you're out" law, passed by Congress and signed by President Reagan in 1988, was not intended to punish tenants who had no knowledge of the drug activity. A federal appeals court agreed with the tenants last year.

The law applies to 1.2 million low-income families in public housing and also to those who receive HUD subsidies to rent from private landlords. In numerous cases around the country, tenant representatives have attacked the law as unfair because it allows innocent tenants to be evicted. The law does, however, allow a housing authority to exercise discretion in deciding whether or not to evict innocent family members. In fact, Oakland officials eventually permitted Pearlie Rucker to remain in her apartment once her daughter had been removed.

 

City and County codes are online (4/4/02)

Recent revisions to the City of Eugene website and the Lane County website have added new features and information. Both the City Code and the Lane Code are now online. The City website also has extensive information about low-cost housing alternatives, including a list of subsidized housing resources (for low income, elderly and disabled individuals and families) and information about the city's First Time Home Buyers Assistance Program.

 

Register-Guard features Senior Law Service (12/01/01)

On December 1, 2001, the Eugene Register-Guard featured an article about our Senior Law Service. The article highlights the work of the program which is partially funded by the United Way.

Senior Law Service was created in 1974 by U.S. Sen. Ron Wyden, then a University of Oregon law student. It is now part of Lane County Law and Advocacy Center. Under the direction of Program Coordinator Jean Beachdel and Senior Staff Attorney Steve Skipton, and with the help of 100 attorney and community volunteers, many of who are seniors themselves, Senior Law Service provided assistance to over 1,000 Lane County seniors last year.

Report on Families Who Leave Public Assistance (2/10/01)

The Center for the Study of Women in Society (CSWS) has released a two volume report of its recent study of Oregon families who left public assistance from 1998 to 2000.

CSWS is a multidisciplinary research center founded at the University of Oregon in 1983, which generates, supports and disseminates research on gender and on all aspects of women's lives. The report, titled "Oregon Families Who Left Temporary Assistance to Needy Families (TANF) or Food Stamps" is available on the CSWS website.

New Self-Help Resources on Our Website (12/22/00)

We've been making some changes! Our website has a new look and lots of new features.

The Online Law Library has been reorganized so that self-help materials are easier to find, and many new materials have been added --

• Social Security and SSI disability regulations and pamphlets
• Oregon family law court forms for dissolutions, legal separation of marriage, unmarried parents (child custody), modification and enforcement
• Oregon child support guidelines and worksheets
• Oregon Rules of Civil Procedure
• Uniform Trial Court Rules
• Oregon Administrative Procedures Act
• Federal Register

Our Links page has been reorganized and updated, and a new section on Domestic Violence Resources has been added.

October Open House is a Success

On Wednesday afternoon, October 18, our programs hosted an open house which lasted from 4:00 p.m. until 6:30 - as the sun was starting to fade on our patio. In attendance were many of our partners in service to the community, local political and government leaders, media and special guest, Oregon Attorney General Hardy Myers.

(CLICK HERE FOR THE FULL STORY AND A SLIDE SHOW OF PHOTOS)

Domestic Violence Clinic Report

Addressing a Survivors's Legal Needs in a Holistic Manner is a report on the Domestic Violence Clinic at Lane County Legal Aid Service, in collaboration with the University of Oregon School of Law, Womenspace and SASS (Sexual Assault Support Services). Authored by Marlene Drescher and Cheryl O'Neill, the purpose of this report is to share information about an innovative civil legal services project designed to provide appropriate legal support for victims of intimate violence. Victim-service organizations, attorneys and the local law school have partnered to establish a successful new Domestic Violence Clinic that provides comprehensive legal and lay advocacy services, educates new lawyers, and utilizes a wealth of community and university resources. Case statistics support our tremendous success in representing an unprecedented number of abused individuals and their children in contested hearings and trials. This report will describe our clinical model, particularly the practice of connecting clients with legal representation and advocacy. It will also outline our clinical training program.

Legal Aid Settles Fair Housing Case (8/21/00)

Lane County Legal Aid Service recently settled a Fair Housing case against a Eugene landlord on behalf of a Eugene woman who was denied a 1-bedroom apartment because she had an 11-year-old daughter. Federal law prohibits housing discrimination based on your race, color, national origin, religion, sex, family status, or disability. As part of the settlement, the landlord paid $5,000.00 to our client.

Our client, who had recently been homeless and was staying with a relative temporarily, contacted a Eugene landlord for a 2-bedroom apartment. When the landlord said she did not have any 2-bedroom units available, the client asked about a 1-bedroom apartment. The landlord asked about the age of her child and indicated that our client could not rent a 1-bedroom unit with a child of that age.Working with Tina Eoff at the Second Chance Renter's Program at St. Vincent de Paul, our client contacted the Fair Housing Council of Oregon, which conducted tests that showed that the apartment manager provided different information about unit availability to testers with children and testers without children. With Legal Aid's assistance, she filed a complaint with HUD, alleging the landlord discriminated against her on the basis of familial status by refusing to rent to her and by providing her with false information about the availability of a rental unit. In addition to payment to our client, the landlord agreed to participate in fair housing training, to display information about fair housing laws and to submit reports to HUD. (Information about filing housing discrimination complaints is available online.

OSU Extension Service Publishes Report on Poverty in Oregon (8/21/00)

In spite of a healthy economy and low unemployment, Oregon's  poverty rate in 1998 was slightly above 13 percent.  More than 400,000 Oregonians had incomes below the federal poverty line of $16,700 for a family of four.  Twenty percent of children under age five in Oregon -- that's one out of every five Oregon children -- live in poverty. In January, 2000, the Oregon State University Extension Service published an excellent report on poverty in Oregon which is available on the internet. The five part report examines:   What it means to be poor   What causes poverty?   Who are the poor?   Who's doing what?   What does the future hold? Each part consists of several stories which put faces to these stastistics.  One of the people profiled is Tina Eoff, who established the Second Chance Renter's Rehabilitation Program in Eugene.  Second Chance, operated by St. Vincent de Paul,  offers an 8 week program designed to teach homeless people how to obtain and maintain housing, and how to overcome barriers such as poor credit or rental history, criminal histories, etc.

 

Legal Aid Receives United Way Grant to Establish Supervised Visitation Program (7/20/00)

In June, the United Way of Lane County granted Legal Aid $15,100 seed money for a supervised visitation program. The purpose of the program is to give Legal Aid clients, who have been ordered by the court to allow supervised visitation with their children, a professional and safe place for the visitation. Marlene Drescher, the Supervisor of our Domestic Violence Clinic, was the initial organizer and will oversee the program. There is an equal partner in this enterprise -- the College of Education at the University of Oregon. Professor Jeff Todahl, Ph.D. has been a key organizer/planner.

The program will provide a type of service which currently is available only to families under the supervision of the State Office for Services to Children and Families. For this new program, supervision will be by trained professionals. Prior to using the service, interviews will be done separately with both parents, and meaningful guidelines for the visitations will be set up. This program will be a great assistance to judges who issue the orders for supervised parenting time. Soon, this program will provide a first class site for parents to visit their children. Assuming the eventual success of the program, staffing will increase, and more members of our community will be able to access this service. We hope this is the beginning of an important service to the community for years to come. We are grateful that United Way gave us the opportunity to build this new program.

Student Loan Information and Forms Online (7/20/00) 

The Office of Student Financial Assistance of the U.S. Department of Education has developed a very helpful and comprehensive website for student loan information. The site is very well-organized and offers resources for students, parents, and student loan professionals.In addition to information, there are online application forms for student aid (FAFSA -- Free Application for Federal Student Aid), consolidation loans, and deferment and forebearance of repayment. The site also has three online calculators to determine financial need, compare various repayment plans, and to estimate payments for consolidation loans.

Sorenson Class Action Update (7/20/00)

Attorneys from Lane County Law and Advocacy Center continue to monitor post-settlement compliance by the state and federal defendants in the 1994 class action lawsuit, Sorenson v. Concannon. The suit was filed by attorneys from Lane County Law and Advocacy Center and other Oregon legal aid attorneys on behalf of everyone who applies for Social Security disability benefits.  As a result of the settlement, the state and federal governments have agreed to make key changes in the process for evaluating Social Security and SSI (Supplemental Security Income) disability claims.

Pursuant to the settlement approved by U.S. District Judge Robert E. Jones on February 10, 1999, state and federal employees began training in June, 1999.  Although the defendants agreed to make changes in the disability evaluation process in order to settle the case, the federal defendants have appealed the award of attorney fees to plaintiffs' attorneys.

In 1998, 62 percent of more than 28,000 disability claims were rejected.  Statistics showed that more than half the Oregonians who appealed their rejected claims were later awarded benefits.   As a result, thousands of Oregonians who cannot work because of debilitating injuries and diseases have had to wait as long as two years to receive disability payments. The plaintiffs alleged that state examiners failed to properly evaluate nonmeasurable pain and to properly consider the opinions of the applicant's primary doctor, instead relying on physicians who are paid a small fee to look over the records to routinely deny legitimate claims.

New Law targets Sweepstakes Scams (5/11/00)

It's illegal for sweepstakes companies to tell you that "YOU'VE ALREADY WON!" unless you have in fact won something! The Deceptive Mail Prevention and Enforcement Act, which took effect on April 13, 2000, is a measure designed to protect people, especially the elderly, from sweepstakes scams. The Act imposes various requirements on sweepstakes, skill contests, facsimile