OREGON SUPREME COURT WILL HEAR CASES ON SEARCH AND SEIZURE, OVERTIME PAY, NEW SENTENCING GUIDELINES
March 3, 2000
Contact Maureen Shine (541) 346-3145
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. Media must be present at least 10 minutes before the justices enter the courtroom.
The schedule for the cases detailed below is subject to last minute changes.
[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–The Oregon Supreme Court sitting in Eugene will hear oral arguments on Tuesday, March 7, on three controversial cases involving search and seizure, payment of overtime wages and tough new sentencing guidelines imposed under Ballot Measure 11.
The visit is an annual feature of the University of Oregon School of Law’s Legal Research and Writing Program. In the morning session from 9 a.m.-noon, the justices will review lower court decisions that a police traffic stop was illegal because the officer lacked probable cause, and that Clackamas and Multnomah counties were exempt from paying overtime wages to paramedics. The review of a Court of Appeals decision affirming a defendant’s convictions and sentences under Ballot Measure 11 for rape and sexual abuse is scheduled on the afternoon docket, 1:30-2:30 p.m. The court will convene in Room 175 at the William W. Knight Law Center, 1515 Agate St.
The arguments are 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. State v. Soldahl. The high court will review lower courts’ decisions that police illegally stopped Gerald Norman Soldahl. The case involves a traffic stop made by a state trooper at the request of sheriff’s deputy Gil Millette, who suspected that two occupants of the car, whom he had under surveillance, were wanted on felony arrest warrants. He asked the state trooper to make the stop so as not to compromise his surveillance. Once the stop was made, Millette joined the trooper, recognized that the occupants were not the wanted suspects and questioned the driver, Soldahl. Millette then discovered that Soldahl was driving with a revoked license. The defendant was indicted for felony driving while revoked, but claimed that the stop was illegal because the trooper did not have probable cause to believe that a traffic infraction occurred. The trial court ruled that the trooper lacked probable cause, and the Court of Appeals affirmed that ruling.
• 10:30 a.m. McLean v. Buck Medical Services, Inc. Justices will review lower courts’ decisions that an emergency ambulance service company, Buck Medical Services, and Clackamas and Multnomah counties were exempt from providing overtime wages sought by employees of the company. Paramedic Gary McLean is the representative of a group of employees of the company in this class action suit, which claims that the company and counties violated provisions of the Public Contracts Law by failing to pay overtime wages for weekend and holiday work. The defendants contended that the agreements were not public contracts, but merely grants of franchises, or should be considered personal service contracts. The circuit court ruled in favor of the defendants and held that they were exempt from providing overtime wages. The Court of Appeals affirmed that ruling.
• 1:30 p.m. State v. Ferman-Velasco. Justices will review a Court of Appeals decision affirming the convictions and sentences of Carlos Roberto Ferman-Velasco for rape in the second degree and sexual abuse in the first degree. Using guidelines imposed by Ballot Measure 11, Ferman-Velasco was sentenced to 75 months in prison on each count and ordered to pay witness fees of $25 for non-police witnesses for the prosecution. The defendant appealed his sentence claming Ballot Measure 11 violates a provision of the Oregon Constitution, which provides that "all penalties shall be proportional to the offense." Ferman-Velasco asserted his sentences are disproportionate to the offense. Ballot Measure 11 superimposes certain sentencing requirements over those previously enacted by the legislature. The Court of Appeals affirmed the sentences, finding that there was "a rational basis to impose greater penalties," and rejected Ferman-Velasco’s argument that he should not be required to pay witness fees because it is an expense inherent to providing a constitutionally guaranteed jury trial.
The public must be seated at least 10 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.
For additional information on the court’s UO visit, contact Professor Mary Lawrence, director of the Legal Research and Writing Program, (541) 346-3848; the program’s associate director, Paul Beneke, 346-3850; or the Office of the Dean, UO School of Law, 346-3836.
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