Annual Family Law Update 2014

Transcription

1 Annual Family Law Update 2014 Hon. Maureen McKnight Chief Family Court Judge for Multnomah County Thomas Bittner Schulte, Anderson, Downes, Aronson & Bittner Gary Zimmer Zimmer Family Law ecourt Presentation by Daniel Parr Multnomah Bar Association Continuing Legal Education Seminar March 12, 2014

2 3/11/2014 Oregon Judicial Department Oregon ecourt Community Partner Update Multnomah Circuit Court Presentation Outline Oregon ecourt Vision and Background Statewide Roll Out Approach Access to Case Information Changes You Need to Be Aware Of What s Next After Go Live 2 1

3 3/11/2014 The Vision Oregon ecourt Oregon ecourt will give courts and judges the tools they need to provide just, prompt, and safe resolution of civil disputes; to improve public safety and the quality of life in our communities; and to improve the lives of children and families in crisis. Better Access Better Information Better Outcomes 3 The Past: A Brief History Oregon ecourt OJD Strategic Plan discussed need for court automation in 2001 Started Oregon ecourt discussion with OJD Technology Committee in 2004 Launched Oregon ecourt in 2008 after legislative acceptance of business case and funding provided; included completion of Appellate Strategy modified in 2010 to a single solution provider (SSP) approach: Tyler Technologies / Odyssey 4 2

4 3/11/2014 SSP Approach Oregon ecourt Case Access Oregon ecourt Portal efilings epayments Statistics Oregon ecourt Decision Support Session Works Clerks / Judges Case Management Content Management Financial Management Jury Management Integration Framework 5 Tyler Technologies Oregon ecourt $300 Million Public Corporation Over 2,000 employees Solely focused on public sector software Clients in all 50 states, Canada, United Kingdom Top 200 Software Companies worldwide Tyler is the largest publicly traded corporation in the US solely dedicated to the public sector. Close to 500 personnel dedicated to Courts & Justice. Over 30 years in the Courts solutions marketplace. 98% client retention rate. 100% success rate on complex court implementations. 3

5 3/11/2014 Qualifications Oregon ecourt > The most widely deployed case management application in the US. > Nine statewide Implementations + many of the largest urban courts. Miami-Dade Florida Dallas Texas Wayne Detroit, Michigan Broward Ft. Lauderdale, FL Clark Las Vegas, NV Tarrant Ft. Worth, Texas Minnesota Statewide Statewide New Hampshire Indiana Statewide New Mexico Statewide North Dakota Statewide South Dakota Statewide Oregon ecourt Rollout Approach Oregon ecourt Year 1 Year 2 Years 3-5 Phase 1: Pilot Prove the Solution Yamhill Phase 2: Early Adopters Prove the Implementation Crook/Jefferson & Linn Jackson Phase 3: Full Rollout Velocity Clatsop, Columbia, Tillamook Benton, Polk Multnomah Douglas, Josephine, Marion and on

6 3/11/2014 Rollout By Quarter Oregon ecourt Quarter st Jackson (March) 2 nd Yamhill (June) 3 rd 4 th Crook Jefferson Linn (December) Clatsop Columbia Tillamook (August) Benton Polk (January) Multnomah (May) Douglas Josephine Marion Lane Lincoln Deschutes Klamath Lake Coos Curry Hood River Wasco Gilliam Wheeler Sherman Clackamas Washington Tax Court Morrow Umatilla Wallowa Union Grant Harney Baker Malheur 9 Implementation Process Oregon ecourt Preparation Implementation Go Live End User Training: Begins March 17, 2014 approximately 1/3 of staff in training at any given time until implementation on May 12, 2014 Court schedule during training Go Live: Manual processes begin up to a week prior to go live All new data entry into the Odyssey System over weekend of May 10 th, 2014 Monday, May 12, 2014 Go Live w/odyssey (no more OJIN for local court) 10 5

7 3/11/2014 Access To Case Information Oregon ecourt Difference between OJIN and OECI Odyssey is a party based, paper on demand system OJIN OnLine OJIN OnLine subscribers have Internet access to case records Subscription gives access to the current OJIN Case Management System and the new Oregon ecourt Case Information (OECI) System OJIN OnLine is a paid subscription service unless you are a public agency Documents are not available at this time (cont.) 11 Access To Case Information (cont.) Oregon ecourt Courthouse Public Access Terminals: Free access to both OJIN and OECI systems Public documents are viewable on nonconfidential case types Court Records / Information Counters: Physically go to the courthouse and request to see a pre Odyssey case file 12 6

8 3/11/2014 OJIN / OECI Availability Oregon ecourt Approximately three (3) to (5) business days prior to a court going live with Oregon ecourt, public access to case information for that court through OJIN will be suspended for a period of up to two weeks This is necessary for two reasons (cont.) 13 OJIN / OECI Availability (cont.) Oregon ecourt Data in the OJIN system will be converted into Odyssey. This will take approximately 2 3 days Once all of the data has been converted and backloaded, teams from the Salem administrative divisions, Tyler Technologies, and local court staff check and validate that the correct data has been loaded and is accessible in OECI. Process takes up to 10 business days Other courts information remains available in OJIN and OECI 14 7

9 3/11/2014 Oregon ecourt Subscription User Name and Password When Yamhill County Circuit Court went live in June 2012, subscribers were given a temporary password to OECI. If you did not see or forgot the temporary password, a new one can be requested. Contact the OJD Help Desk at It is recommended that you use your OJIN OnLine password for OECI access. 15 Access to Confidential Case Types Oregon ecourt The OECI system does not automatically give attorneys of record access to their juvenile and mental health case types Even if you had access in OJIN All OJIN subscribers that had access to juvenile or mental health cases were sent a new Restricted Access Request form If it has been lost or misplaced, another form can be requested through OJIN OnLine Services (cont.) 16 8

10 3/11/2014 Access to Confidential Case Types (cont.) Oregon ecourt Request form by calling or ing: OJIN.Online@ojd.state.or.us Submit form to OJIN.Online@ojd.state.or.us. Once reviewed and approved by the State Court Administrator (SCA) you will have access to all cases in which you are the attorney of record Regardless of case type If you believe you need access to all juvenile and/or mental health cases that you are not the attorney of record on, include detailed information why this is needed 17 Oregon ecourt Requesting OJIN / OECI OnLine Access If an attorney or agency does not have an active OJIN / OECI subscription Request an account through the OJIN Online home page by clicking on Sign Up under Quick Links:

11 3/11/2014 Displayed Information on OECI Oregon ecourt Case Number Case Caption Case Type / File Date / Court Location Party and Attorney Information (only year of birth will show no month or day) Charges Disposition(s) Events / Hearings and comments related to the event or hearing Financial Summary 19 Oregon ecourt Remote Electronic Access to Documents Oregon Judicial Department is reviewing options for providing online access to public documents through the OECI system First available to designated government users in 2014 and then members of the OSB in late

12 3/11/2014 Training Oregon ecourt Oregon ecourt Case Information (OECI) system is user friendly and easy to navigate A Quick Reference Guide and Frequently Asked Questions are available on the OJIN OnLine web site 21 Two Systems: OJIN and OECI Oregon ecourt OJIN circuit court case information for courts who have NOT migrated to Oregon ecourt OECI circuit court case information for courts who HAVE migrated to Oregon ecourt You will need to use your OJIN OnLine subscription to access circuit court case information for both systems or use the Public Access Terminals at the court. Once a court implements Oregon ecourt, their name will be added to the drop down list of available courts in OECI 22 11

13 3/11/2014 Notices Oregon ecourt Once a court is live with Oregon ecourt attorneys will receive electronic notification of hearings, trials, and judgment entry The electronic notice will only be sent to the address on file with the Oregon State Bar (OSB) Be sure it is up to date To change your address you must submit the change to the OSB, not to the court 23 Supplementary Local Rule 24 Oregon ecourt SLR Chapter 24 will become effective prior to Oregon ecourt implementation in your local circuit court At a minimum it will: Designate electronic documents filed with the court, or those documents manually imaged by the court, as the official court record; Allow the court to electronically sign documents; Prohibit combined motions and orders; (cont.) 24 12

14 3/11/2014 Supplementary Local Rule 24 (cont.) Oregon ecourt Allow Stipulated and Ex Parte Orders and judgments to be submitted electronically when efiling is available; Relieve parties in domestic relations proceedings involving child support from the obligation of having to submit an extra copy of the proposed judgment for the Department of Justice, Division of Child Support; and, Relieve parties from the requirement under UTCR of having to submit conforming cards in probate matters. 25 File and Serve efiling Oregon ecourt File and Serve is a product of the Odyssey system used for electronically filing documents Some case / document exceptions No ability to initiate a criminal or juvenile delinquency case subsequent filings in criminal and juvenile delinquency acceptable Cannot accept proposed orders or requests for fee waivers / deferrals (cont.) 26 13

15 3/11/2014 File and Serve efiling (cont.) Oregon ecourt Available in: Yamhill, Crook, Jefferson, Linn, Jackson, Clatsop, Columbia and Tillamook will be available in Benton and Polk by March 1, Registration and training is required prior to using the system; available online Following each courts Oregon ecourt implementation: 30 business days after your local circuit court goes live a Pilot Attorney firm will begin to efile 15 business days after the pilot has begun, efiling will be available for all attorneys OJD will provide a presentation to both the pilot firm and local attorneys on the File and Serve (efiling) system 27 Case Numbering Oregon ecourt The case numbering system in the Oregon ecourt system is a statewide uniform system Case numbers are assigned in chronological order throughout the state Cases converted from OJIN to Odyssey will retain their OJIN case number Felonies and misdemeanors have the same schema, there is no differentiation in the case number (e.g. 13CR#####) 28 14

16 3/11/2014 Case Categories Oregon ecourt Cases will fall under one of four broad case categories in OECI Criminal, Civil, Family, and Probate Biggest Change Juvenile Delinquency cases fall under Criminal Juvenile Dependency cases fall under Family 29 Dockets / Calendars Oregon ecourt Court calendars continue to be available on OJD s web page: lendars/pages/index.aspx Three options: OJIN Circuit Court Calendars courts who have NOT migrated to Oregon ecourt Oregon ecourt Circuit Court Calendars courts that HAVE migrated Custom Oregon Court Calendars courts who produce a custom calendar 30 15

17 3/11/2014 Oregon ecourt Calendars Oregon ecourt Allows the user to select a county then narrow their search to select a calendar for a specific attorney, a case number, a judicial officer, a party or defendant name, or for a date range Expand / limit search to one or more of the four main case categories: Criminal, Civil, Family, or Probate (cont.) 31 Oregon ecourt Calendars (cont.) Oregon ecourt Results can be sorted: Case number, defendant, hearing type, judicial officer, plaintiff, or date and time OJIN OnLine subscribers: Calendars on OECI include hot links to the register of actions for that case 32 16

18 3/11/2014 What s Next? Oregon ecourt Integration: We are still working on some partner integration issues (i.e. DMV, DOC, etc.) esignatures: Currently available for local court use on violations, orders, and judgments Jury Component: Anticipated in late 2014 E Filing for Self represented: Future component TBD 33 Demonstration Oregon ecourt Accessing Oregon ecourt Case Information (OECI) System Calendar Functionality Accessing Documents 34 17

19 3/11/2014 Contact Information Oregon ecourt OREGON JUDICIAL DEPARTMENT Office of Education, Training, and Outreach 1163 State St Salem, OR

20 OREGON ecourt INFORMATION FOR ATTORNEYS, GOVERNMENT AGENCIES & COMMUNITY PARTNERS Oregon ecourt will give courts and judges the tools they need to provide just, prompt, and safe resolution of civil disputes; to improve public safety and the quality of life in our communities; and to improve the lives of children and families in crisis. Better Access Better Information Better Outcomes Oregon ecourt went live in the Yamhill County Circuit Court on Monday, June 4, Yamhill County Circuit Court served as the pilot court for the implementation of the Tyler Technologies Odyssey product, better known to the public as Oregon ecourt Case Information (OECI). The role of the pilot court was to prove the solution. Crook, Jefferson, Linn, and Jackson County Circuit Courts were early adopter courts. Linn, Crook, and Jefferson County Circuit Courts went live with Odyssey on Monday, December 10, Jackson County Circuit Court went live on Monday, March 11, The role of the early adopter courts was to prove the implementation before it is rolled out to all courts statewide. This involved testing and fixing issues prior to installation in other courts. As a result, not all components are installed at go-live. Some changes or revisions may be made to the system based on the experience of the pilot and early adopters and additional implementations. During this time, the patience of our users and business partners is greatly appreciated. We have now entered the statewide rollout phase with Clatsop, Columbia, and Tillamook Circuit Courts going live August The remaining Oregon Circuit Courts are in the process of transitioning from OJIN to Oregon ecourt. During this transition period (now through June 2016) you will find case information in OJIN for all courts that have not transitioned to Oregon ecourt. As courts move to Oregon ecourt their information will be found in OECI (Oregon ecourt Case Information System). On the following page you will find the statewide ecourt rollout schedule for the remaining courts. Page 1 of 10

21 Quarter st 1 Jackson (March) Benton Polk (January) Lane Lincoln Washington Tax Court nd 2 Yamhill (June) Multnomah (May) Deschutes Klamath Lake Morrow Umatilla Wallowa Union Grant Harney Baker Malheur rd 3 Clatsop Columbia Tillamook (August) Coos Curry Hood River Wasco Gilliam Wheeler Sherman th 4 Crook Jefferson Linn (December) Douglas Josephine Marion Clackamas Accessing Court Information: OJIN OnLine: OJIN OnLine subscribers have Internet access to case information. This subscription service gives access to the OJIN Case Management System and the new Oregon ecourt Case Information (OECI) system. Currently Yamhill, Linn, Crook, Jefferson, Jackson, Clatsop, Columbia, and Tillamook County Circuit Court Case Information can be found in the OECI system. Polk and Benton Circuit Court information will be available in the OECI system on January 27, Documents are not available for viewing at this time through OJIIN OnLine. OJIN OnLine is a paid subscription service unless you are a public agency. For additional information on subscription service go to: Courthouse Public Access Terminals: Free access to both OJIN and the OECI system. Public documents are viewable on non-confidential case types for cases added in ODYSSEY. Court Records/Information Counters: Physically go to the courthouse and request to see a pre-odyssey case file. For the first week after Go Live in your court if you wish to Page 2 of 10

22 see a document filed in the Oregon ecourt Case Information System you will need to ask for a copy at the courthouse window. Public Terminals at the courthouse should be able to access public documents in the Oregon ecourt Case Information System one week after Go Live in your court. Subscription (OJIN Online/OECI) User Name & Password: When Yamhill County Circuit Court went live in June 2012, OJIN OnLine subscribers were given a temporary password to OECI. If a user did not see the temporary password, or forgot the password, they can request a new temporary password from the OJD Help Desk by calling Once you have received your temporary password, follow the below instructions to change your password in OECI. It is recommended that you use your same OJIN OnLine password for OECI access. Log in to the OECI Click on the My Account Link on the navigation menu (the black bar located at the top of the page on the left) and select change my password. Access to Confidential Case Types: In OECI you will not automatically have access to all the case types you had access to in OJIN. The Oregon ecourt Case Information (OECI) system does not automatically give attorneys of record access to juvenile and mental health case types even if you had access to them in OJIN. Any current OJIN Online subscriber that has access to juvenile or mental health cases was sent a new Restricted Access Request form to complete. If you misplaced this request form you can request another one by calling or by ing OJIN.Online@ojd.state.or.us. Upon completing the form it OJIN.Online@ojd.state.or.us. Once the steps associated with this request are completed, and upon approval of the State Court Administrator, you will have access to all cases in which you are the attorney of record regardless of case type. If you believe you need access to juvenile or mental health cases that you are not the attorney of record on, you will need to include that information in your request and detail specifically why you need this access. These requests will be reviewed by the State Court Administrator and you will be notified of the decision. If you wish to have access to all your cases, regardless of case type, you should complete this process immediately. If an attorney or agency does not have an active OJIN Online subscription, a request for an account can be made by using the sign up link on the OJIN Online home page: Page 3 of 10

23 Minimum Computer Requirements to Access OJIN Online: Training: A current subscription to OJIN Online A PC-compatible computer running Windows XP or higher An Internet Service Provider (ISP) One of the following web browsers Internet Explorer 6 or higher; Firefox 3 or higher or Google Chrome Oracle s Java Runtime Environment The Oregon ecourt Case Information (OECI) system is user-friendly and easy to navigate. While there is no formal training provided for the OECI system, a Quick Reference Guide and Frequently Asked Questions have been created and are available on the OJIN Online web page under support at the following link: Online Access to Court Information in OJIN and OECI at Go Live in Your Court: Starting approximately three to five (3-5) business days prior to a court going live with Oregon ecourt, public access to case information for that court through OJIN will be suspended for up to two weeks. This is necessary for two reasons: First, all data in the OJIN system will be converted into Odyssey. This will take approximately two to three days. Once this conversion is complete, local court staff will begin to backload case information that was generated, but not entered into OJIN, during the conversion process. This will happen the weekend prior to the court s implementation and must be completed for the court to go live on the following Monday. Second, once all of the data has been converted and back-loaded, teams from the Salem administrative divisions, Tyler Technologies, and local court staff will check and validate that the correct data has been loaded and accessible in OECI. (OECI is a separate data base from Odyssey.) This process takes up to 10 business days to complete. Information for all other courts remains available during this time in both OJIN and OECI. Displayed Case Information in OECI: The Oregon ecourt Case Information (OECI) system currently displays the following information on a Case Summary Page: Case Number Page 4 of 10

24 Case Caption Case Type/File Date/Court Location Party and Attorney Information *One change you will notice from OJIN is that only the individual s year of birth is displayed as opposed to the month/day/year. Charges Disposition(s) Events/Hearings and comments related to the event or hearing Financial Summary Currently, there is no online access to documents in the OECI system. To view documents, you must go to the courthouse and use one of the public terminals to view public access documents. Remote Electronic Access to Documents: The Oregon Judicial Department is looking at options for providing links to public access documents related to events and hearings in a case through the OECI system. It is anticipated that online access to documents will first be available to designated government users in 2014, followed by rollout to Oregon State Bar Members and then to the public prior to the end of Final dates for attorneys and the public to access documents remotely will be set once the Legislature has finalized policy issues relating to document access. The Oregon Judicial Department is working diligently with stakeholders toward a solution that will meet the needs of individuals who access OJIN/OECI. Notices: As courts go live with Oregon ecourt attorneys will receive an with a link to electronic notification of hearings, trials, and judgment entry. The link to the electronic notice will only be sent to the address on file with the Oregon State Bar (OSB). An updated attorney file is downloaded to the court from the OSB on a daily basis. Please be sure that your address with the OSB is up-to-date. To change your address you must submit the change to the OSB, not to the court. If you wish court notifications to go to someone else in your office, you will need to set up your to automatically forward the containing the link to the notices from the court to their address. The addresses you will receive these notifications from are: Court_Notification@ojd.state.or.us Hearing_scheduled@ojd.state.or.us Hearing_rescheduled@ojd.state.or.us Hearing_cancelled@ojd.state.or.us Judgement@ojd.state.or.us Page 5 of 10

25 As of this time we have not experienced an system incapable of receiving these s. However, some users have received the with the hyperlink stripped from the message and have had to copy and paste the link into their internet browser. The inability to open an imbedded internet link directly from your message is usually caused by or internet security policies implemented by your organization or provider. Please contact your local support technician to confirm whether this is the situation. The court does not have the ability to advise as to your local or internet security settings. Case Numbering: The case numbering system in Oregon ecourt is a statewide uniform system. Case numbers are assigned in chronological order throughout the state. Felonies and Misdemeanors have the same schema (13CR #####). Cases converted from OJIN to the Oregon ecourt system will retain their OJIN case number. Case Categories: All cases will fall under one of four case categories in the Oregon ecout system. These are Criminal (Felony/Misdemeanor/Traffic/Juvenile Delinquency), Civil, Family (Includes Juvenile Dependency), and Mental Health/Probate. Please note that Juvenile Cases will now fall under the Criminal or Family case categories. Dockets/Calendars: Court calendars are available to the public on the OJD s web site at: There you will find three options: OJIN Circuit Court Calendars courts who have not migrated to Odyssey/OECI Oregon ecourt Circuit Court Calendars courts that have migrated to Odyssey/OECI Custom Oregon Court Calendars courts who produce a custom calendar The Oregon ecourt calendars have functionality that allows the user to select a county then narrow their search to select a calendar for a specific attorney, a case number, a judicial officer, a party or defendant name, or for a date range. The user can also expand or limit their search to one or more of the main case categories: Criminal, Civil, Family, or Mental Health/ Probate. After the selected parameters are entered and the results are displayed the user can sort the results by case number, defendant, hearing type, judicial officer, plaintiff, or date and time. Additionally, OJIN Online subscribers who access the calendars for courts in the OECI system using their online subscription found at ( Page 6 of 10

26 will find hot links to the register of actions (Case Summary) for each case. *It is important to remember that the OECI calendars do not include confidential cases on the public access calendar. In order to view your confidential cases you will need to have completed and have approved a Restricted Access Request Form. You will then be able to view them remotely through your OJIN Online subscription based upon your SCA approved authorization. The minimum computer requirements to access OECI Public Calendars are: A PC-compatible computer running Windows XP or higher An Internet Service Provider (ISP) Internet Explore v7 and newer are supported. Firefox, Chrome and Safari are not supported at this time. Page 7 of 10

27 Purchasing Public Access Documents in OECI: Public access documents contained in OECI may be purchased at the court they were filed in. At the discretion of the local TCA you may be able to purchase public access documents from other Oregon Circuit Courts provided they do not need to be certified or exemplified copies. Certified and exemplified copies must be purchased from the court the original document was filed in. Supplemental Local Rule (SLR) 24: Supplemental Local Rule (SLR) Chapter 24 will become effective prior to Oregon ecourt implementation in your local circuit court. Chief Justice Order allows for the out-ofcycle adoption of this supplemental rule. The SLR will, at a minimum: efiling: Designate electronic documents filed with the court, or those documents manually imaged by the court, as the official court record; Allow the court to electronically sign documents; Prohibit combined motions and orders; Allow Stipulated and Ex Parte matters to be submitted electronically for signature by a judge when efiling of a proposed order is available. If an ex parte motion and corresponding proposed order are electronically filed, the order must be submitted as a separate document from the motion; Relieve parties in domestic relations proceedings involving child support from the obligation of having to submit an extra copy of the proposed judgment for the Department of Justice, Division of Child Support; Relieve parties from the requirement under UTCR of having to submit conforming cards in probate matters. Allow self-represented litigants to request and receive notice by ; File and Serve (efiling) is now available in Yamhill, Linn, Crook, Jefferson, Jackson, Clatsop, Columbia and Tillamook County Circuit Courts with a few case type and document exceptions. Currently efile does not have the ability to initiate a criminal or juvenile delinquency cases or accept filings of proposed orders or requests for fee waivers or deferrals. Subsequent filings in criminal and juvenile delinquency cases can be electronically filed. Starting with the Oregon ecourt implementations in Polk and Benton County Circuit Courts in January 2014, 30-business days after a court goes live a pilot law firm will begin to efile with Page 8 of 10

28 the courts. Then, 15 business days later efiling is opened up to all attorneys. Registration and training is required prior to using the system. Attorney Training for efiling: Free live webinars and self-study online training modules provided by Tyler Technologies will be available at all times on the File and Serve Portal under the TRAIN section along with a Frequently Asked Questions section. (Once this site comes up click on the start now button to see the Train section. Frequently asked questions and user guide can be accessed from either location on this website.) New users are responsible for taking the training before registering and attempting to use the File and Serve System. By agreeing to the OJD efiling System Terms of Use during the registration process you are agreeing that: Prior to using the efiling system, you will complete all efiling training necessary to understand and use the efiling System. Prior to efiling going live in a Circuit Court, the Oregon Judicial Department s Office of Education, Training, and Outreach will present an overview of File and Serve to local attorneys to include: how it works; how to register; how to access it; as well as reviewing UTCR Chapter 21 with attorneys. Costs Associated with efiling: Effective October 1, 2013 (other than the statutory filing fees associated with the case) there are no additional charges for using the File and Serve System. What You Can Do Now to Prepare for Oregon ecourt: If you are an OJIN Online subscriber complete your Restricted Access Request and submit to the State Court Administrator. If you wish others in your office to view your electronic notification set up your to automatically forward to their addresses. Go to the courthouse to access the public terminal or go to OJIN Online if you are a subscriber and become familiar with how OECI looks and works. Review the user Guide and Frequently Asked Questions available on the OJIN Online webpage. Go to calendars on the OJD webpage and see how they work. If not already doing so, submit motion and orders as separate documents. Become familiar with how efiling works by going to the efiling webpage, taking the Tyler web training and reviewing the User Guide and Frequently Asked Questions. Page 9 of 10

29 GENERAL CONTACT INFORMATION Presentations: Schedule a presentation on Oregon ecourt for your organization or agency. Call or Oregon Judicial Department Office of Education, Training and Outreach oeto@ojd.state.or.us OECI User and OJIN Online User Support: OJD Help Desk: Monday-Friday 7am to 6pm ETSDHelp@ojd.state.or.us or OJIN Online Subscriber/Business Support: OJIN.Online@ojd.state.or.us Office Hours: Monday-Friday 8am to 5pm File & Serve/eFiling User Support: Tyler Tech: Monday to Friday 7am to 7pm efiling.support@tylertech.com Learn All About Oregon ecourt: Page 10 of 10

30 ANNUAL FAMILY LAW UPDATE Multnomah Bar Association CLE March 12, 2014 Hon. Maureen McKnight Chief Family Court Judge Limited phone hours and limited file room hours remain Facilitation appointments remain suspended Judicial Assistants still working 5 hrs/week on Trial Court operations assignments BUT....all Judges now have individually assigned Clerks again No floaters. Open clerks are assigned out of dept where needed, incldg File Room 2 1

31 What s Coming 3 Increased Family Law Judicial Presence at East Count Courthouse 4 2

32 What s Coming -- Mondays Pro Tem (juvenile referee) Ex parte at 1:30 FAPA applications to follow Walk ins Video from downtown and Gateway Ctr? Wednesdays Judge Ex parte at 8:30 & 1: : Matters from the Trial Assignment docket, prioritizing East County cases that have been concentrated on Tuesday Trial Assign ment docket 5 East County districts, collaborative pilot at ECC 1/month docket, in evening Heavy pre court intervention by schools before citation 6 3

33 SUPERVISED VISITATION AND EXCHANGE CENTER Exchanges are Thurs eve, Fri eve, & Sat day 3 hour window on Thursday & Friday evenings 6 hour window on Saturday Perhaps Sunday afternoon in future Must be DV identified by one or both one parents Safety procedures apply, ncluding 20 minute staggered arrival and departure No cost 7 OSCs for Modifications & Contempts Judge now reviews & signs the OSC. Not not stamped in Rm 211 Too many situations of no substantial change set out or requests for relief not modifiable or contumacious Can always mail in 8 4

34 Requests for Custody / Parenting Time Evaluations Friday at 8:30 by Judge Kurshner (or Rotation judge when Kurshner is at Juv Crt) Applies to any Family Court Services study and any contested request for a private evaluation 9 Affidavits of Prejudice SLR 7.o45 was changed 2/1/14 Clarifies that movant must serve the likely to be DQ djudge with the motion, aff, & proposed Order. Attach certificate of service re same 10 5

35 Adoption Law ASSIS required. Other pleading changes Adult adoptee access without court order (no home study w/o order) Identification protocols Out of state requestors Birth parent access more limited 11 Sexual Assault Protection Order Same procedures as FAPA Press copy form available in Only 6 SAPO apps since 1/1/14 3 by minors, 3 by adults 12 6

36 Trial Readiness Conferences & Attorney Assisted Mediation Attempt to manage Trial Assignment docket during ecourt training weeks (mid March to mid May) Applies to Temporary ( ) relief Marital/RDP Disso & trials Modifications 13 2 steps 1 Trial Readiness Conference By phone Family Court Services staff conducts Triage whether case settled and if not, what issues are in dispute Refer to AAM if needed 2 Attorney Assisted Mediation In person Attorney mediator appt d by court At Courthouse / jury room Confidential mediation of child access & financial/property issues Options to record settlement before judge or draft judgment 14 7

37 Notify Docketing Desk immediately if your matter is on the Trial Assignment docket & you settle (60 days dismissal will issue), have submitted a stip Judgment or order, or get a set-over (at ex parte) Takes days for paperwork to be routed to all necessary staff Many, many no-shows at Trial Assignment, whose slots could be used by others. 15 Provide your statutory authority to seal the content VERY limited Entire document more difficult than section Stipulation is not enough See UTCR & Segregation CIF 16 8

38 Not an ex parte (no notice) motion. 30 days written notice. ORS What is your Good Cause for < 30 days? FAPA understandable due to timelines 17 Must be taken before hearing on custody or parenting time, except re: Immediate Danger Custody/PT orders, pre and post judgment Pre Judgment TPOR (For Post Judgment Status Quo, must have registered before hrg) Tracked at Trial Assignment 18 9

39 Delay in submitting proposed Judgments on retained cases over 3 months on average Need 6 digit OSB # Odyssey won t take a 5 digit number 19 THANK YOU for increased use of special set rule (6/+ hours of court time special set. SLR 8.015(4) Very unlikely to be set during April and most of May THANK YOU for bringing copies of pleadings to hearings THANK YOU for your patience when return calls are delayed THANK YOU for treating SRLs respectfully 20 10

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41 CASE CITATION LENGTH OF MARRIAGE HUSBAND'S AGE/INCOME WIFE'S AGE/INCOME AMOUNT/DURATION OF SUPPORT COMMENTS Waid and Waid 257 Or App 495 (2013) (Nakamoto) 42 years 69 $31,000 per year 64 $27,000 per year $250 indefinite at trial. Affirmed. Trial court properly applied statutory factors, but Wife had not taken Social Security and court said her retirement will be a change of circumstances to allow modification. Rodrigues and Gerhards 258 Or App 199 (2013) (Per Curium) 10 years 37 $55,000 per year 32 Rheumatoid arthritis and disabled according to Social Security. Unable to go to school unless new medication developed. Trial Court $1,500 x 36 months transitional; then $1,000 x 24 months Court of Appeals Remanded to consider maintenance support Cannot order transitional where no plan for school or training. Record mandated consideration of maintenance support. Wife wanted indefinite. Anderson and Anderson 258 Or App 568 (2013) (Haselton) 22 years Separated at 19 - Married while in college - Finished college and then to law school - Not work in first year, but did in last two years - Took out loans his mother paid off - Began solo practice after being atty for 10 years - Five years before trial, income averaged $8,700 per month and was down - Married while in college - Wife worked as receptionist through school - After husband became atty, she homemaker and then worked for husband in solo practice without pay - At trial was caring for kids. Did not work because child care exceeded income potential. Sought Trial Court - Found that Husband had capacity to earn $8,000 per month - Child support of $1,162 and $220 cash medical - $2,500 transitional x 34 months - Compensatory of $1,000 x 10 years Court of Appeals Remanded - As to compensatory, it was appropriate to award that since Wife made substantial contribution that was meaningful. - Amounts of support inappropriate because no evidence of income. Must have evidence of present ability to earn. - Evidence of income was speculative and reliance alone on history is insufficient. Prepared by: Thomas A. Bittner, OSB # and William F. Schulte, OSB # Schulte, Anderson, Downes, Aronson & Bittner, P.C.

42 CASE CITATION LENGTH OF MARRIAGE HUSBAND'S AGE/INCOME WIFE'S AGE/INCOME AMOUNT/DURATION OF SUPPORT COMMENTS to $2,300 per month at trial transitional and compensatory. - Bankruptcy at separation - Specialty in construction law and said no work due to economy Stuart and Ely 259 Or App 175 (2013) (Ortega) 20 years at date of filing 60 - Doctorate in environmental engineering - $6,703 per month as professor 45 - Doctorate in environmental engineering - $3,158 at a company Trial Court $750 x 1 year $500 x 2 years $250 x 2 years All transitional Remanded to consider maintenance because transitional only appropriate if getting training or education. - Couple moved for his career - Worked half time because no work - A homemaker for children and Husband so career not advance Cortese and Cortese 260 Or App 291 (2013) (Ortega) 16 years - College graduate - Owned business - $12,000 per month but that ceased three months after Wife filed - On unemployment at trial - Business continued to pay insurance, cell phone, credit card, - No college - Homemaker - $500 in nutritional assistance - $1,500 x 3 years transitional - Followed by $1,000 maintenance for 7 years Case differs from Anderson (low income lawyer case) because Husband did not put on evidence of unavailability of jobs or constrained economic circumstances. Court could use income history. In addition, Husband here manipulated his income trying to avoid support and had his parents sue for debts and personal property. Prepared by: Thomas A. Bittner, OSB # and William F. Schulte, OSB # Schulte, Anderson, Downes, Aronson & Bittner, P.C.

43 CASE CITATION LENGTH OF MARRIAGE HUSBAND'S AGE/INCOME WIFE'S AGE/INCOME AMOUNT/DURATION OF SUPPORT COMMENTS and personal expenses - Trial court imputed potential income of $8,000 per month Prepared by: Thomas A. Bittner, OSB # and William F. Schulte, OSB # Schulte, Anderson, Downes, Aronson & Bittner, P.C.

44 Uhde and Uhde 260 Or App 284 (2013) (Ortega and Sercombe, Hadlock) Facts Sanctions for Discovery and Attorney Fees Wife appealed the supplemental judgment terminating Husband s spousal support obligation to Wife, setting Wife s child support obligation to Husband, and awarding Husband attorney fees. In the underlying proceedings, Husband obtained an order to compel discovery of Wife s financial records. Wife failed to comply and Husband sought a sanction under ORCP 46B to strike her motion seeking spousal support. The court held a prima facie hearing and did not allow Wife to participate, as the court had entered an order of default against her. At that hearing the court set Wife s child support obligation, eliminated Husband s spousal support obligation, and awarded him attorney fees of approximately $25,000. Decision On appeal, Wife assigned as error that there was a lack of an evidentiary basis for concluding that she failed to provide the requested discovery. The court reviewed the records and found that the trial court had evidence in the record to support its factual finding that Wife had failed to comply with the discovery order. The court concluded that the sanction imposed -- striking her pleadings and holding her in default -- was within the sound discretion of the trial court. Regarding the court s attorney fee award, Wife claimed that Husband did not follow ORCP 68 by serving a petition for attorney fees upon her and allowing her an opportunity to file objections. The Court of Appeals held that because Wife was in default, Husband was not required to serve a petition for his fees upon her. The judgment of trial court was affirmed. 1

45 Tilson and Tilson 260 Or App 427 (2013) (Lagesen and Schuman, Duncan) Termination of Spousal Support Upon Remarriage The issue in this case is whether Wife s remarriage, approximately five months after the dissolution of her marriage to Husband, resulted in a substantial change in economic circumstances sufficient to permit the trial court to reconsider its spousal support award to Wife, and if so, whether the trial court abused its discretion when it continued Husband s $1,000 monthly maintenance support obligation after terminating Husband s $500 monthly transitional support obligation. Facts At the time of dissolution Husband earned $5,400 per month as a Tri Met light rail operator. Wife earned $726 per month as a self-employed nail technician. In the underlying divorce case the trial court ordered indefinite support as follows: $2,000 for three months; $1,500 per month for two years; and $1,000 per month maintenance support for an indefinite period. Approximately five months after the divorce Wife remarried. Upon learning of Wife s remarriage (she had been cohabiting with her new spouse at the time of divorce, but neither party anticipated that she would remarry) Husband filed to terminate support. At the modification hearing, the court found that Husband was earning $400 per month less than he had been at the time of dissolution because of a reduction in his shift length. Wife had become employed as a cashier and was earning approximately $1,668 per month. Her new spouse was earning approximately $3,800 per month. Wife acknowledged at the modification hearing that she no longer needed the $500 per month transitional support that was to run for another 17 months, but that she felt she still needed the $1,000 per month indefinite maintenance support. Trial Court Decision The trial court found that Wife s remarriage resulted in a substantial and unanticipated change in her economic circumstances for the purposes of ORS The court agreed with Wife s contention that she no longer needed transitional support, but that her change was not so substantial as to warrant a modification of the maintenance support. 2

46 Court of Appeals Decision On appeal, the court found that Wife s remarriage was an unanticipated change in her circumstances. It then addressed the question of the extent to which Wife s new husband s income was available to the new marital household. The appellate court rejected Wife s contention that her new husband s income was not available to her, even though the parties maintained separate finances. The Court of Appeals relied upon new husband s testimony that it was his intent to take care of his new wife the rest of his life, and Wife s admission that it would be fair to eliminate the $500 per month transitional support award. Those facts provided an inference that some portion of her new husband s income was available to Wife. The next question is whether the trial court acted within its discretion by eliminating the $500 per month monthly transitional support while maintaining the $1,000 monthly maintenance support. The key inquiry in remarriage cases is the extent to which the remarriage satisfies the purposes behind the original award. The trial court permissibly concluded that most of the original purpose behind the original maintenance award was not satisfied by her remarriage. The dissolution judgment stated that the purposes of the award were to support Wife because of the length of the marriage, because she had sacrificed her own career to advance Husband s career, and to care for Husband s son, the difference in the parties incomes and because Wife did not have the same benefits from employment that Husband did. Wife s remarriage did not satisfy most of those purposes. Furthermore, the dissolution judgment stated that Husband could seek to modify spousal support if Wife consistently earned $3,600 per month with full benefits. The Court of Appeals saw that as an indication that one of the primary purposes of the support award was to assist Wife until she was earning $3,600 per month, with full benefits. Wife s remarriage did not cause her income to reach that level even assuming that some portion of her new husband s income was available to her. Affirmed. 3

47 McKinnon and McKinnon 256 Or App 184 (2013) (Schuman and Wollheim, Hadlock) Spousal Support Modification/Life Insurance Wife appealed a supplemental judgment modifying her spousal support and relieving Husband of the obligation to submit to a physical examination for life insurance under ORS (3). Facts At the time of dissolution the parties had been married 29 years. At the time of trial Husband was 56 years old and disabled. Wife was 49 years old and generally in good health. The parties settled their underlying divorce and the judgment indicated Husband s total monthly income was $4,110 comprised of veterans disability benefits and Social Security disability. Wife s monthly income was $1,325 from self-employment, as well as rental income of $450 per month. Wife was awarded $900 per month indefinite spousal support. The underlying judgment further provided that Wife had an insurable interest in Husband s life and that under ORS , Husband was required to fully and promptly cooperate with any requests made by Wife in her effort to purchase life insurance on Husband s life. Five years after divorce, Husband filed a motion to terminate or reduce spousal support contending there had been a substantial change in circumstances. He claimed Wife s income had increased since the time of divorce. The trial court agreed with Husband finding that her income had almost doubled since the time of the divorce. Accordingly, the trial court reduced her support to $500 per month and ordered that Husband was not required to submit to a physical examination for the purposes of allowing Wife to obtain insurance. Wife appealed and argued that the trial court erred in reducing her spousal support, claiming that her income was essentially the same that it was at the time of the divorce. The court concluded that Wife s income had increased by approximately $277 per month from the time of the dissolution. Note that Husband s income had also increased by approximately $600 per month due to cost of living adjustments to his disability income. The court held that Wife s slight increase in income does not constitute a substantial change in circumstances. Accordingly, the trial court s order was reversed. 4

48 The Court of Appeals agreed that it was error to relieve Husband of his obligation to submit to a physical examination, holding that ORS (3) does not give the trial court authority to relieve Husband of the duty to submit to a physical examination. 5

49 Dow and Dow 256 Or App 454 (2013) (Hadlock and Ortega, Sercombe) Spousal Support Modification Wife appealed the supplemental judgment modifying the terms of her 2004 stipulated judgment of dissolution of marriage. She challenges the trial court s modification of his spousal support award and the court s decision to award Husband a share of her Oregon Savings Growth Plan. The Court of Appeals only addressed the spousal support modification issue. Facts This was a 20+ year marriage. Husband was a physician and Wife was a CPA. At the time of divorce Husband was earning $12,000 per month and Wife $6,868. The parties stipulated divorce judgment provided that Husband would pay maintenance spousal support as well as compensatory spousal support. The amounts for each were not individually segregated. Rather, Wife was awarded $1,000 per month beginning October 2004 until she reached the age of 67. The parties dissolution judgment also contained an unusual provision that they referred to as the overage provision. This provision provided that if Husband s income exceeded $160,000 in any given year, then in the following year 50% of the amount earned in excess of $160,000 would be paid to Wife in spousal support. Similarly, in the event that Wife were to exceed $120,000 per year, 50% of the net amount earned in excess of $120,000 would be deducted from Husband s support. In 2004, the parties divorce judgment also provided that they were to place the marital home for sale in the fall of Wife was allowed to retain possession of the home until it sold. Apparently the home did not have a mortgage and she did not have to pay rent to Husband. What happened next was a confusing series of motions and counter motions to increase support, reduce support, or terminate support, as well as a motion for the division of a missed asset at the time of the divorce. After five days of trial, the trial court made the following findings: A. Husband was now earning approximately $220,000 per year; B. Wife was self-employed and had lost her steady source of income from employment. It appeared that she was making approximately $2,300 per month before expenses, but that her monthly business expenses reduced her income to approximately $130 per month. She was receiving unemployment benefits; C. Wife did not cooperate in good faith to cause the house to be sold, but instead lived rent and mortgage free while she was receiving support from Husband, including years in which she earned virtually the same amount as Husband; 6