Archive for the ‘Oregon’ Category

It appears that a case involving the hiring of an out of town private investigator on a death penalty case may have an impact on how the state pays court appointed investigators.

It all started when a Hillsboro lawyer hired Dave Panter, an ex-cop from Tillamook and an investigator from a nearby county to defend a murder case. However, the state Office of Public Defense Services refused to cover the investigator’s travel expenses from his office to Hillsboro.

The state offered to pay for Panter’s hotel and meals in Hillsboro, but it refused to pay him the standard state rate of $34 an hour for a capital case, plus 40.5 cents a mile for gas, to make the 60-mile drive between Tillamook and Hillsboro.

Since the state has refused, and a Washington County Circuit Court judge is set to decide the issue in a hearing Thursday, May 10.

“These guys haven’t had any raises since the 1970s,” says Barbara Baughman, a Portland private investigator who charges $75 an hour.

What do you think about the fees and expenses associated with court appointed investigator cases?

The Colorado Secretary of State has removed UCC document images from the Web site until such time as the Social Security numbers are redacted. The Secretary of State intends to issue new UCC forms that will not include the option of listing Social Security numbers. The policy also suspends bulk electronic sales of the Department’s UCC database. Colorado joins California, which recently instituted the same measures, along with Oregon, Mississippi, Missouri and a half dozen other states

In favorable public records’ news, the Oregon Secretary of State has expanded their online Business Registry Database, adding a search by individual name of Agent, Partner, Manager, President and Secretary.

The Vermont Secretary of State has introduced a “Right To Know” database of resources and laws related to Vermont public records. Search by statutory language, an agency or department’s name, exemption category or exemption and agency.

The Massachusetts Supreme Judicial Court decided that Board of Bar Overseers and Office of Bar Counsel are judicial agencies which are exempt from the public records provisions. Only documents held by government agencies within the executive branch are subject to the public records act.

Massachusetts criminal show cause hearings will remain closed, the Massachusetts Supreme Judicial decided.

Add Florida to the list of states that are concocting ill conceived “identity theft” legislation. Before long it’ll be a crime to know another person’s name. HB 1117 seeks to make possession of personal identifying information on a person without their prior approval a felony. The legislative staff analysis provides a summary.

HB 1117 also creates a new section of statute which provides that any person who willfully possesses “sensitive personal information” concerning an individual without first obtaining that individual’s consent commits a third degree felony. The term “sensitive personal information” is defined to mean any name or number that may be used, alone or in conjunction with any other information, to identify a specific individual
including any:
• Alien registration number
• Government passport number
• Employer or taxpayer identification number
• Medicaid or food stamp account number
• Bank account number
• Credit or debit card number
• Unique biometric data, such as fingerprint, voice print, retina or iris image, or other unique physical representation

Unlike the identity theft statute, this section will not require proof that the person possessed the sensitive personal information with intent to fraudulently use it – only that the person willfully possessed it without first
obtaining permission of the individual.

Florida Bill HB 1211 would make distributing personal information without that person’s permission a misdemeanor. Are legislators being lazy in crafting laws that are so broad, or are they trying to bring legitimate business and the functions of the courts to a complete standstill?

HB 1213 bars the release of personal identifying information in public records. Other proposed legislation would remove certain information from court files and restrict the release of motor vehicle records.

I’d like to hear from private investigators, attorneys and journalists in Florida about the prospects of these measures. I sure hope they’re all working together.
AP story: Scores of legislative bills seek to limit public’s access to Florida records

On a more upbeat note, an Oregon government site has created a directory and search engine for locating databases of city, county, state and federal licenses, certifications, permits, and registrations. Quickly locate the Web site to lookup professional licenses and business permits. This is an ongoing project and most of the current links are state agencies.

A Kansas newspaper editorial elucidates just one of the many reasons why the Kansas Supreme Court’s mandate that government agencies redact personal information before releasing records to the public is harmful. The case is Data Tree, LLC v. Bill Meek, Sedgwick County Register of Deeds.

Unsolved criminal case files may be public records, not necessarily “open investigation” cases, according to the Georgia Court of Appeals. The court sided with the newspaper in, Athens Newspapers, L.L.C. v. Unified Government of Athens-Clarke County, which asserted that a 1992 unsolved murder case was dormant and the police were defeating the purpose of the Open Records Act by claiming the case was still pending.

The Del Norte County California Tax Assessor records can be searched by parcel number.

Sometimes public records that are not available at a government site can be found at a free private Web site. Newspapers have gathered records and built searchable databases, as is the case with crime reports in San Antonio, Texas. The Express-News Crimebase can be searched by type of offense, ZIP code, street names, reporting officer or report number.

The Kentucky Court has been mandated to destroy all misdemeanor files older than 5 years. Cases filed before 2001 have already been purged.

The Multnomah County, Oregon Auditor’s Office has released its report, Public Records: Eliminate barriers to citizen access, a brief examination and statistical compilation of the response of county agencies to public record act requests. The Oregonian concludes that the county may be in violation of Oregon’s Public Records Law.

A new player in the very active online real estate listings competition is PropertyShark, which, unlike Zillow, provides the current owner at an address, and also customizes demographic maps for the geographical region of an address.

At the Zillow site you can look for real property valuations and aerial photographs by property address. It covers many more cities than does PropertyShark but the tools at this site are a unique supplement to the other property listing and mapping Web sites.

A PropertyShark search by address (after free registration) returned a profile with the current ownership, last deed transfer, demographic maps, building permits, neighbors and nearby property sales. Coverage is strongest in New York, particularly Manhattan, for which there are photographs of properties, but take a look at all the site features. Cities in New York, New Jersey, Ohio, Florida, Texas, Washington, Oregon and California are currently included.

Map your life in Los Angeles and plot crime and property sales within the circumference of a specific address.

The Placer County, California Assessor site has added parcel map viewing and printing. Enter a parcel number to obtain owner name and associated map page image.

The sex offender and violent offender databases operated by each state are always being tweaked. The Iowa site has added an e-mail notification feature, which is available at many state sites and also at Family Watchdog.

Several states have either created or authorized the development of a Web registry naming people convicted of making or selling methamphetamines. Utah and Oregon may be the most recent states to establish a meth boutique database. Montana includes convicted meth manufacturers in its Sexual and Violent Offender Registry.