Court
Continued from Page 1
prosecution based upon the
disclosure, it does not create a
privacy right for the witness
testifying, said Charles Hinkle,
who represented the Oregonian.
The defendant argued the
phrase, “administration of
justice." w’as the key issue, and
that the State has control over
what the public hears in ad
ministering justice. As an exam
ple. applications for search war
rants, phone conferences and
justice conference deliberations
are all exempt from public
disclosure, said Kendall Barnes,
who represented the prior court
decision.
The reputation of the witness
is also a consideration, he said.
In open hearing, the public
can come forward and disagree
if the testimony is in conflict,
said Justice Berkeley Lent. The
release of closed-chamber
testimony also destroys the
timeliness of the issue.
The State vs. Boyanovsky and
State vs. Anderson cases involv
ed the constitutionality of
evidence seized at roadblocks
set up to determine driver
sobriety. The court is expected
to determine whether the state
or agencies have authority to
create statutory rules limiting
the range of their discretion.
Roadblocks are not exempt
from needing individualized
suspicion or probable cause
when stopping a vehicle, said
Kathryn Wood, who co
represented the plaintiffs.
Oregon State Police rules and
regulations are no justification
or exception for sobriety check
points. she said.
The OSP should have follow
ed administrative rule pro
cedures when creating the
regulations, said Orrin drover,
who co-represented the plain
tiffs. Grover also questioned the
timing of an OSP internal
memorandum that ended night
time roadblocks, which occur
red close to the time of the two
cases in question.
Roadblocks should be con
sidered exempt from in
dividualized suspicion and pro
bable cause rules if supervised,
standardized in procedure,
cause no vehicle delay and are
publicized prior to their com
mencement. said Oregon At
torney General David
Frohnmayer in defense of the
state.
Roadblocks can act as a
drunk-driver deterrent, a
public-education program and
contribute to the personal safety
of both drunk and other drivers,
he said.
Continued from Page 1
Fund
tion System Trust” is modeled
on the Michigan Education
Trust recently signed into law
by Gov. James Blanchard.
The bill is designed to help
middle-income families but, “It
doesn’t answer the question of
the family who can't afford to
put money into an account
every month,” Dix said. “It’s
not a measure that’s going to
have an immediate impact.
“One of the problems that has
Override s»
they chose only five issues. I
can’t understand why they’re
being so selective."
The bills House Democrats
will attempt to override
include:
•House Bill 22H5 which
woidd increase the caps on
awards in tort liability cases for
groups from $ 3 00.000 to
$500,000;
•House Bill 24H0 which
would simplify and speed com
munications between
employees and clients of the
already surfaced with the bill is
what if you put money in this
account and you decide you
don’t want to ho to school or
you want to go out of state?”
Dix said. That issue will be
worked out in committee, he
said.
‘‘The concept is interesting.”
said Sherry Oeser, executive
director of the Oregon Student
Lobby. ‘‘We haven’t taken a
position on it.
tinued from Page 1
Adult and Family Services
Division;
•House Bill »2.r»It) which
would extend the statute of
limitations for instigating ac
tion against manufacturers of
intrauterine devices;
•House Bill 2787 which
would restrict insurance car
riers from considering driving
records for three prior years;
•House Bill 2817 which
would prohibit the termination
of phone service to residents if
their health is endangered.
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Fees
Continued from Page 1
supporting, said Bill l.em
man. executive vice chancellor
of higher education. If Mc
Carty's proposal were adopted,
the first priority of the $20 in
cidental fee money would have
to be to the operation and
maintenance of those buildings
‘‘unless they were simply dos
ed.” he said.
“All students would ex
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Howard said. ‘‘What we have to
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who art? away from home for the
first time when they come to the
University. Through these pro
grams t h e y c an f i n d
fellowship. . .and for a lot of
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Rep. Ted Calouri, D
Beaverton. vice chairman of the
House Education Committee,
said proposals to limit inciden
tal fees have come before the
committee in past sessions but
met with little success.
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