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Feb. 25,
1998 Contact Maureen Shine (541) 346-3145, or Pauline Austin (541) 346-3129
EDITOR'S NOTE: Media must observe Canon 3A(8) of the Oregon Code of Judicial Conduct for the Court of Appeals and Supreme Court. In brief: Pooling photo coverage is required because only one still photographer and one video camera and technician are permitted in the courtroom. Media personnel in the courtroom must dress in a manner consistent with the attire required of attorneys appearing before the court. Broadcast media representatives may not move about the court during proceedings. Recording equipment must be positioned before the session opens and must not be moved during proceedings. [A copy of the complete text of Canon 3A(8) can be obtained from Mary Lawrence, professor, UO School of Law, Eugene, OR 97403, or call (541) 346-3848.]
EUGENE--Three civil cases involving the selection process for choosing prison sites, the process used by the state parole board in setting release conditions and a contract dispute between a landowner and a local timber company are on the docket for the Oregon Supreme Court when it visits the University of Oregon on Tuesday, March 3. The visit is an annual feature of the UO School of Law's legal research and writing program. The cases involving the parole board and the timber contract will be heard during the morning session from 9-11:30 a.m. The prison site selection case is on the afternoon docket, 1:45-3:30 p.m. The court will convene in the Orlando J. Hollis Courtroom on the second floor of Grayson Hall (UO Law Center), 1101 Kincaid St. The visit is open to the public, giving local community members a rare opportunity to see the state's highest court in action. Law students, who are required to attend the session as part of the first-year curriculum, will be given seating priority, after which public seating will be available. "Attending a session of the Oregon Supreme Court provides a wonderful opportunity for law students and community members to see the court in action," said Rennard Strickland, dean, UO School of Law. "Hosting the justices is a great honor for the school and is an event that we eagerly anticipate." The high court will hear oral arguments on the following cases and will render decisions on them within the next year:
* 9 a.m. Martin v. Board of Parole is a case in which Harry James Martin was convicted of first degree sodomy and sexual abuse. In 1995, he was released under a variety of parole conditions that included prohibition from entering Lane County, where his victim lives. The condition was later modified to include travel in the vicinity of Route 101, but nowhere else in Lane County. At issue is whether the parole board needs to provide rational explanations as to why particular conditions are necessary, similar to other administrative agencies. * 10:15 a.m. Rosboro Lumber Co. v. Aspel is a civil case in which Lynn Aspel, a landowner, signed a contract with Rosboro Lumber Co. to have $200,000 worth of timber harvested based on the information provided by an agent for the lumber company. She later found out that the section of land that she agreed to have logged could not produce the desired output. She unsuccessfully sought to re-negotiate the contract and Rosboro Lumber subsequently brought suit for breach of contract. At issue is whether Aspel is entitled to assert either the defense of innocent misrepresentation or to seek rescission of the contract based on innocent misrepresentation. * 1:45 p.m. Webb v. Department of Corrections concerns the decision process of the siting authority and the governor with regard to selection of the Stimpson Gulch prison. The site is located in close proximity to ranches and ranchettes of high market value and consumer appeal. In their petition, the property owners argue that the decision-making procedures used by the siting authority violate the state constitution and the due process clause of the U.S. Constitution. A threshold issue is whether this court has jurisdiction to review the siting authority's findings and conclusions. A hearing before the state Supreme Court involves lawyers from both sides of the case who present arguments on the law to the justices. Members of the court frequently interject questions to help clarify the legal issues. The public should arrive at lease five minutes early and leave the courtroom only between cases. After each session, the justices will respond to questions from the audience--except questions involving cases they are hearing. The justices also will be guests at a noon luncheon meeting of the Lane County Bar Association at the Downtown Athletic Club, 999 Willamette St., Eugene. The cost of lunch is $14. To register for lunch, contact Laurie Crover at 683-5100. The deadline to register is Feb. 27. For additional information on the court's UO visit, contact Professor Mary Lawrence, director of the Legal Research and Writing Program, at (541) 346-3848, or the Office of the Dean, UO School of Law, at (541) 346-3836. -30- #P-4059/Local,PDX
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