2023 Legislation
- Senate Bill 994
- Summary: Modifies who may be appointed as temporary Assistant State Judge Advocates from officers of organized militia to members of organized militia who are members in good standing of Oregon State Bar. Modifies who may be appointed as temporary Assistant State Judge Advocates from officers of organized militia to members of organized militia who are members in good standing of Oregon State Bar. Removes authority of Adjutant General to appoint State Judge Advocate Legal Assistants.
- Status: Passed on May 26 2023 – 100% progression
- Action: 2023-05-30 – Effective date, January 1, 2024.
98.012. (1) The Governor, on the recommendation of the Adjutant General, shall appoint an officer of the organized militia as State Judge Advocate. To be eligible for appointment as State Judge Advocate, an officer must:
(a) Be a member in good standing of the Oregon State Bar;
(b) Have been a member of the Oregon State Bar for at least five years; and
(c) Meet the qualifications for a judge advocate under the Uniform Code of Military Justice, 10 U.S.C. 801 et seq.
(2) The Adjutant General may appoint an officer of the organized militia as an Assistant State
Judge Advocate. The Adjutant General may appoint as many Assistant State Judge Advocates as the Adjutant General deems necessary. To be eligible for appointment as an Assistant State Judge Advocate, an officer must:
(a) Be a member in good standing of the Oregon State Bar; and
[(b) The legal services performed by a temporary Assistant State Judge Advocate are limited to those legal services that may be performed by legal assistants consistent with ORS 9.160.] [(c)] (b) A temporary Assistant State Judge Advocate who has met the requirements under this subsection is eligible for appointment as an Assistant State Judge Advocate. [(d)] (c) The Adjutant General may extend, for an additional 12 months, the time during which a temporary Assistant State Judge Advocate must meet the qualifications described in paragraph (a) of this subsection. [(4) The Adjutant General may appoint State Judge Advocate Legal Assistants for a period not to exceed 12 months. An individual appointed as a State Judge Advocate Legal Assistant shall be an of- ficer of the Oregon Civil Defense Force and shall be legally trained but is not required to be admitted to the practice of law by the Supreme Court of this state. The legal services performed by a State Judge Advocate Legal Assistant are limited to those legal services that may be performed by legal assistants consistent with ORS 9.160.
(b) Meet the qualifications for a judge advocate under the Uniform Code of Military Justice, 10 U.S.C. 801 et seq.
(3)(a) The Adjutant General may appoint members of the organized militia who are members in good standing of the Oregon State Bar as temporary Assistant State Judge Advocates [who are officers of the organized militia]. An individual appointed as a temporary Assistant State Judge Advocate has 12 months from the date of appointment to [become a member in good standing of the Oregon State Bar and] meet the qualifications for a judge advocate under the Uniform Code of Military Justice, 10 U.S.C. 801 et seq
- House Bill 2574
- Summary: relates right of action for person injured by paramilitary activity. Expands definition of “civil disorder” for purposes of crime of unlawful paramilitary activity.] Creates right of action for person injured by paramilitary activity. Authorizes Attorney General to bring civil action for injunctive relief against paramilitary activity and authorizes use by Attorney General of investigative demands during investigation into paramilitary activity. Specifies exceptions.
- Status: Enrolled on June 24 2023 – 75% progression
- Action: 2023-06-27 – President signed.
(3)(a) A person injured as a result of paramilitary activity as described in subsection (1)
of this section may bring a civil action, individually or jointly with other aggrieved persons,
in the appropriate court for relief against the person or persons who engaged in the
paramilitary activity.
(b) A plaintiff who prevails in a claim under this subsection may recover:
(A) Economic or noneconomic damages, as those terms are defined in ORS 31.705;
(B) Injunctive relief;
(C) Reasonable attorney fees; and
(D) Any other appropriate equitable relief.
(4) This section does not apply to:
(a) The Armed Forces of the United States or the National Guard, as those terms are defined in 10 U.S.C. 101, or any regularly organized state militia or unorganized or reserve militia called into service by a state or the United States, including a defense force author-ized under 32 U.S.C. 109(c).
- Senate Bill 994
- Summary: Modifies who may be appointed as temporary Assistant State Judge Advocates from officers of organized militia to members of organized militia who are members in good standing of Oregon State Bar. Modifies who may be appointed as temporary Assistant State Judge Advocates from officers of organized militia to members of organized militia who are members in good standing of Oregon State Bar. Removes authority of Adjutant General to appoint State Judge Advocate Legal Assistants.
- Status: Passed on May 26 2023 – 100% progression
- Action: 2023-05-30 – Effective date, January 1, 2024.
[(4) The Adjutant General may appoint State Judge Advocate Legal Assistants for a period not toexceed 12 months. An individual appointed as a State Judge Advocate Legal Assistant shall be an of- ficer of the Oregon Civil Defense Force and shall be legally trained but is not required to be admitted to the practice of law by the Supreme Court of this state. The legal services performed by a State Judge Advocate Legal Assistant are limited to those legal services that may be performed by legal assistants consistent with ORS 9.160.]
