2019-357-Order No. 2019-034 Recorded 8/8/2019REVIEWED
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LEGAL COUNSEL
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Recorded in Deschutes County CJ2019-357
Nancy Blankenship, County Clerk
Commissioners' Journal 08/08/2019 3:35:32 PM
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2019-357
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESC1 UTES COUNTY, OREGON
An Order Designating the Deschutes County
Legal Counsel to Represent the State's Interest in
Civil Commitment Proceedings.
* ORDER NO. 2019-034
WHEREAS, ORS Chp. 426 sets forth the procedures governing civil commitment proceedings; and
WHEREAS, ORS 426.100(4) authorizes the county governing body to designate legal counsel other
than the District Attorney to represent the State's interests in the civil commitment process, including
consultation, pleadings and filings, preparation of the State's case, and appearance at commitment proceedings;
and
WHEREAS, the District Attorney has been notified that effective August 19, 2019, Deschutes County
Legal Counsel will represent the State's interests in civil commitment processes/proceedings within Deschutes
County; and
WHEREAS, the Deschutes County Board of Commissioners believes it is in Deschutes County's best
interest to designate Deschutes County Legal Counsel to represent the State's interest in civil commitment
processes/proceedings; now therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON, ORDERS as
follows:
Section 1. Pursuant to ORS 426.100(4), an effective as of August 19, 2019, Deschutes County Legal
Counsel is designated to represent the State's interest in civil commitment processes/proceedings, including but
not limited to consultation regarding initial filings, preparation of the State's case and appearances at
commitment proceedings.
Section 2. This Order is effective upon signing.
Dated this ofvt , 2019
ATTES
ording SlcreIRDER
ary
PAGE 1 OF NO. 2019-034
BOARD OF COUNTY COMMISSIONERS
OF tSC TES COv!:
3
PHILIP G. INDERSON, Chair
PATTI ADAIR, Vice Chair
ANTHONY DEBONE, Commissioner
° { Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.or
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of August 7, 2019
DATE: July 23, 2019
FROM: Dave Doyle Legal x6625
TITLE OF AGENDA ITEM:
Board Order No. 2019-034.
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
The Commissioners recently decided that County Legal will assume responsibility to representing the
State's interest in civil commitment processes/proceedings. Since that time, Legal has been
coordinating with the District Attorney, County Mental Health and the Circuit Court to facilitate a
smooth transition. Before the state court database system will provide County Legal will access to civil
commitment cases, it is necessary for the governing body to officially designate County Legal. Order
No. 2019-034 provides that effective August 19, 2019, County Legal will assume full authority and
responsibility for civil commitment processes/proceedings.
FISCAL IMPLICATIONS:
No direct impact; however this transfer was in conjunction with budget decisions impacting FTE in
both the DA's Office and County Legal.
RECOMMENDATION & ACTION REQUESTED:
Board action to approve Order No. 2019-034 designating County Legal to represent the State's interest
in Civil commitment processes/proceedings.
ATTENDANCE: Dave Doyle, Legal
DISTRIBUTION OF DOCUMENTS:
BOCC
Legal
DA
