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Lake Oswego city council appoints attorney John P. Gilroy as Municipal Court Judge Pro-Tem

The Lake Oswego City Council has approved the appointment of attorney John Gilroy as Lake Oswego Municipal Court Judge pro-tem.  The city council’s unanimous approval came after Gilroy appeared before the council on September 18, 2012.

As municipal court judge pro-tem, Gilroy will hear misdemeanor criminal cases, as well as traffic court cases.

John Gilroy is a co-founder of Gilroy & Napoli, a private law practice in Lake Oswego, where he currently works as a criminal defense lawyer and personal injury attorney.

He is a former Washington County deputy district attorney, and is also the son of the late Clackamas County Circuit Court Judge Patrick D. Gilroy.

Gilroy earned his law degree from the University of Oregon School of Law in 1998 and his undergraduate degree from Santa Clara University in 1993.

In 2011, Clackamas County commissioners appointed John Gilroy as Clackamas County Justice of the Peace pro-tem.

Oregon State Senate Enters Tough Expungement Debate

Under a bill headed for the Oregon State Senate, criminals convicted of nonviolent Class B felonies more than twenty years ago could apply to have their records expunged. Already wielding support from the Oregon District Attorney’s Association and from judges and former police officers, in April the bill received a unanimous 58-0 approval in the House.

Opponents to the proposed law feel it would enable those found guilty of “white collar” felonies, including bribery and embezzlement, to repeat their previous crimes without fear of lasting penalties. They worry that expungement, or wiping criminal records clean, might actually encourage such criminals to repeat their previous transgressions.

Class B felonies commonly include drug-related offenses and other serious but non-violent crimes. Those convicted, especially on drug-related charges, often face permanent obstacles in obtaining jobs, housing, and other basic privileges. Many who support the new expungement bill have lived clean for decades.

Circling the bill’s debate is discussion of the larger issues surrounding Oregon’s expungement guidelines, which critics say is often bewildering and inconsistent. Some individuals worry that state guidelines for expunging Class C felonies fail to appropriately balance the seriousness of the crime with the time needed before expungement. Some Class C felonies – including not only drug-related offenses, but also burglary and car theft – can be purged after three years.

Don’t fall victim to years of shame and frustration. For more information on getting the best Portland criminal defense lawyer for your legal needs, contact the law offices of Gilroy & Napoli today.

What is Measure 11?

Passed by a nearly two-thirds majority of Oregon voters in November 1994, Measure 11 establishes mandatory prison sentences for the most serious offenses in the Oregon criminal code, including but not limited to murder, rape, assault, sexual abuse, and kidnapping. Under Measure 11 guidelines, the sentencing judge cannot prescribe a jail sentence less than the specified amount of time, and the convicted criminal’s sentence may not be reduced while incarcerated for good behavior or by parole.

Since its passage the law has been expanded four times, to include additional violent or serious crimes including arson and robbery. Changes to Measure 11 must be approved by a two-thirds vote of the Oregon state legislature, and a 2000 repeal initiative was defeated by an almost three-to-one margin.

Victims’ rights groups – including Crime Victims United, the citizens’ group that spearheaded Measure 11’s 1994 passage – champion the measure as a proven deterrent against violent and sexually-based crimes, both discouraging potential violent criminals while keeping convicted offenders out of society.

Opponents charge that the bill potentially encourages innocent defendants to seek plea bargain agreements rather than risk mandatory Measure 11 sentences. Other critics believe the law restricts the power of judges to arbitrate criminal cases while putting too much power in the hands of district attorneys and other prosecutors.

New Oregon State Laws Crack Down on DUII Repeat Offenders

New laws make hiring an expert Oregon DUI attorney more crucial than ever. Passed by a popular vote of the Oregon electorate in November of 2010, Measure 73 alters state criminal code for those found guilty of driving under the influence of intoxicants, or DUII. Under the new state laws, third-offense sentences carry a minimum ninety-day prison sentence regardless of local or county guidelines. Praised by its supporters as an effective strengthening of Oregon DUII law, its critics nevertheless feel the mandatory sentencing will lead to further prison overcrowding at the state government’s expense.

Because many judges follow established guidelines provided by legal commissions, third-offense DUII sentences typically include as much as thirteen months in jail. Opponents of the bill argue that such strict guidelines unnecessarily curb judicial discretion in assessing appropriate sentences.

Additionally, Measure 73 provides that third-offense DUII charges within a ten year period are automatically considered a felony. If convicted under the new guidelines, defendants will be considered felons and subject to restrictions; these include prohibition from owning firearms, holding certain jobs, and obtaining residence in some areas.

For more information regarding Oregon DUII law including finding the right DUII attorney to handle your case, visit the law firm of Gilroy and Napoli.

Third Offense DUII in Oregon

Under Oregon state law, third offense charges for Driving Under the Influence of Intoxicants (DUII) are considered a felony. DUII regulations stipulate that third-offense charges stem from any third arrest upon suspicion of driving while intoxicated or impaired within a ten year period. Revisions to the state law that went into effect late last year specify the ten-year guideline.

Third offense DUII convictions carry a mandatory jail sentence of at least 90 days, followed by three to five years of probation, though judges may sentence those convicted to even longer prison sentences (up to five years) depending on the circumstances surrounding the DUII event in question. In addition, the sentence carries a mandatory lifetime driver’s license revocation, meaning those convicted lose their state licensing eligibility forever. Those convicted of third offense DUII charges are further not eligible for hardship licenses that allow them to travel to work and other necessary destinations.

In addition, those convicted are still subject to many of the same fines and levies placed against those found guilty of first- and second-offense DUII charges. These can include a minimum $2000 fine (with a maximum  penalty of $125,000) as well as hundreds of dollars in additional fees, including court costs. Finally, those convicted must also attend substance abuse classes and victim’s impact seminars at their own expense.

What Is A Felony DUII in Oregon?

Driving Under the Influence of Intoxicants (commonly abbreviated DUII) is considered a felony under Oregon State law when the accused person has been previously convicted of two prior DUII charges within a ten-year period before the date of arrest. Recent changes to the Oregon State DUII statute expand felony status to the third arrest/ten-year criteria.

As the name implies, felony arrests include harsher sentencing guidelines than first- and second-offense charges. These can include, pursuant to a judge’s discretion, jail sentences of a minimum 90 days ranging up to five years, followed by a three- to five-year period of probation. In addition, felony DUII convictions impose a mandatory, permanent revocation of Oregon state-issued driver’s license privileges. Those convicted of felony DUII in Oregon also may not receive a hardship license.

Besides jail time and license revocation, felony DUII offenders must pay a monetary fine of no less than $2,000 dollars with a maximum fine of $125,000, though the actual dollar amount may range as high as $125,000. Judges base their assignment of jail time and fines upon the circumstances surrounding the arrest. Those convicted of a felony DUII must also register for and attend substance abuse and victims’ impact seminars.

What are the facts about Second Offense DUII in Portland?

Though first-offense DUII penalties and fines can range under Oregon law, the fines and punishments for a second offense are even tougher. Defendants facing a second-offense DUII conviction find themselves in need of an attorney to help them navigate the severe state criminal regulations. Third offenses now may be classified as a felony under certain circumstances.  Oregon has some of the toughest DUII laws in the nation, so a qualified and expert DUII attorney is absolutely essential.

Under Oregon state law, second offense penalties can include a cash fine of not less than $1,500 and up to $6250, as well as court costs. Second Offenders may not qualify for diversion programs, but often will face jail-time. Offenders may also be required to attend treatment and a Victims Impact seminar at their own expense.

Second Offenders additionally face mandatory suspensions of their Oregon state driver’s license. Convicted offenders might be allowed to apply for a hardship license following an initial mandatory suspension period that will allow them to drive to and from work and other necessary destinations.

If you’ve been charged with a second DUII, you need a qualified Oregon attorney to fight for you. Contact Gilroy Napoli today to find out the many ways we can help with a second offense DUII.

How Much Does a DUII in Portland cost?

No matter what your circumstances, an arrest for DUII can end up costing you thousands of dollars in painful expenses including court costs, treatment and sentencing fees, and more. In fact, civil action groups and other concerned private citizens have lobbied their lawmakers for decades to increase DUII penalties and fines for convicted offenders, and Oregon has some of the strongest legislation in the nation. You need a competent, qualified DUII attorney familiar with Oregon state DUII arrest law to prevent these numerous and damaging expenses.

Even for a first-offense arrest, Oregon DUII law requires a minimum $1,000 fine iif the arrested person is found guilty; the actual DUII penalties may range up to $6250. In addition, the DUII defendant will be required to pay additional costs and expenses to the court. The court may also require the DUII defendant to undergo alcohol evaluation tests and participate in a treatment program, either of which can end up costing thousands of dollars.

Oregon also carries a special provision in its DUII statutes that makes plea-bargaining to a lesser charge impossible, as can be done in many other states. Knowledgeable, experienced DUII attorney representation is crucial for those wishing to avoid the expenses of a DUII conviction. Contact Gilroy & Napoli today for the best representation available.

Gender Discrimination and Occupational Sexism: A Modern Problem

In spite of all the public and professional discourse directed towards sexual harassment, the prevailing issue of gender discrimination in the workplace, sometimes referred to as occupational sexism, continues to prove a challenge in businesses and offices, not just in Oregon but around the nation.

Experts identify the following aspects as among the most serious and recognizable manifestations of occupational sexism: wage discrimination, preferential hiring of one gender over another, consistent promotional strategies favoring one gender over another, and a persistent attitude that one gender may be suited for the responsibilities of a position more than other (“man’s work” or “woman’s work). All or just one of these conditions in the workplace, being either a job site or an office, constitutes what legal experts identify as workplace sexism.

Oregon and federal state law encourages those who feel they’ve been unfairly subject to occupational sexism to take action. Many Portland-area attorneys and lawyers specialize in fighting gender discrimination in the workplace, providing their clients with satisfaction and closure after struggling against workplace sexism. Businesses and employers, if found liable for such offenses, may find themselves subject to not only civil fines and penalties but could be ordered to pay damages to the injured party.

The right Oregon discrimination attorney can make all the difference in such cases. If you believe you have been a victim of workplace sexual harassment, call Gilroy and Napoli today.

Oregon is finally set to match federal laws on discrimination

Several new Oregon anti-discrimination laws went into effect as of January 1. Here is a look at some of these laws, along with recommendations for employers.

Three new laws will bring Oregon’s code in line with federal statutes prohibiting discrimination based on a disability, military service or whistle-blowing.

Disability discrimination:

The new Oregon law, approved by the Legislature when it was Senate Bill 874, is intended to keep the state consistent with the federal ‘Americans with Disabilities Act.’ The new law contains four key changes:

• prohibits discrimination against individuals “regarded as” disabled, whether or not their perceived impairment limits a major life activity;

• construing the term “disability” in favor of broad coverage;

• considers an impairment that is episodic or in remission to be a disability if it would substantially limit a major life activity when active; and

• determining whether an impairment substantially limits a major life activity without regard to the effects of mitigating measures except ordinary eyeglasses.

Major life activities include, but are not limited, to: self-care, ambulation, communication, employment and ability to acquire, rent or maintain property. These are activities that the average person in the general population can perform with little or no difficulty.

For example, most people can walk three blocks with little difficulty. An inability to do so could be considered a disability. In contrast, the average person cannot walk 10 miles without growing fatigued. The inability to perform this activity would not constitute a disability.

Why you need to know: Companies employing fewer than 15 people have in the past not been subject to these rules under federal law. However, the Oregon law now applies to employers of six or more employees. Find out more about employment discrimination in Portland.

Military service discrimination

Earlier this year, the Oregon Military Family Leave Act went into effect. It allows spouses of members of the Armed Forces, National Guard or Military Reserve up to 14 days of unpaid leave per deployment if they work for an employer that employs more than 25 people.

On January 1, 2010 a second law dealing with discrimination based on military service goes into effect: HB 3256. It will be the first Oregon state law that mirrors the federal Uniformed Services Employment and Reemployment Rights Act, which prohibits employment discrimination against service members and veterans. The new state law makes it unlawful for an employer to discriminate against a veteran in initial employment, reemployment following deployment, retention in employment, promotion, or any other term, condition, or privilege of employment, or to retaliate against the service member for exercising the rights provided by the new law.

Why employers need to know: The OMFLA provides greater rights than the federal Family and Medical Leave Act.

Formerly, the FMLA applied only to employers with more than 50 employees; the new Oregon law applies to employers with 25 or more employees.

The state anti-discrimination law HB 3256 was created in part because state legislators hoped to make it easier to bring valid claims against offending employers, and few veterans could afford to enforce their federal rights against a non-complying, non-cooperative employer. Under the new law, employees can more easily and affordably file both administrative complaints with the Bureau of Labor and Industries and lawsuits in court.

Whistle-blowing

Another new Oregon law, HB 3162, makes it unlawful for an employer to discharge or otherwise penalize an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for reporting in good faith information that the employee believes is evidence of a violation of a state or federal law, rule or regulation. It is important to note that the employee need not be right; rather, it is the good faith belief that triggers this protection.

Why employers need to know: The new law is an expansion of current whistle-blower protections in Oregon.

Until now, Oregon law has prohibited discrimination against an employee for initiating or aiding in criminal or civil proceedings. The new law expands protection to cover complaints about violations of any state or federal law, rule or regulation regardless of severity. This means, for example, that an employee’s complaint about another employee exceeding the speed limit while driving a company car could be protected under the new law.

The new whistle-blower law broadens the protections available to employees. For example, a claim for wrongful termination that fails because the employee’s report of a violation was not a job-related right of the nature sufficient to support that claim, could now be brought under the new law instead. Also, the new law applies even to employers with only one employee.

Employers can find out more by visiting www.leg.state.or.us/bills_laws/home.htm.

Also, the Equal Employment Opportunity Commission has now revised its “Equal Opportunity Employment is the Law” poster to include information about the federal Genetic Information Nondiscrimination Act, which went into effect on November 21. The poster meets the posting requirement under federal law prohibiting job discrimination and can be downloaded by visiting www1.eeoc.gov/employers/poster.cfm.

Gilroy & Napoli, LLC

15924 Quarry Road
Lake Oswego, OR, 97035

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Gilroy & Napoli is a full-service law firm providing exceptional legal representation to clients in Oregon and the greater Portland metro area.