Current through Register Vol. 63, No. 9, September 1, 2024
(1) Definitions
(a) "ABA-Approved Law School" is a law school
approved by the American Bar Association (ABA) to confer Juris Doctor (JD)
Degrees.
(b) "Accredited
Institution of Higher Education" is an institution of higher education that is
accredited by an accrediting institution authorized by the US Department of
Education.
(c) "Civil Legal
Services" are services provided to individuals for non-criminal civil matters
and operated in concert with regulations adopted by the Oregon State Bar
pursuant to ORS
9.572.
(d) "Clinical Legal Education Program" is the
program authorized by ORS
21.007 and provided by an ABA-Approved Law School at and Accredited Institution of
Higher Education granting law students an opportunity to practice law in a
particular area during their legal education. Clinical Legal Education Program
funds are designated by the legislature on a biennial basis.
(e) "Eligible Accredited Institution of
Higher Education" is an Accredited Institution of Higher Education for which
the HECC has certified its compliance with Section 5 of this OAR to receive
Civil Legal Education Program funds.
(f) The "Higher Education Coordinating
Commission" or "HECC" is the body established by ORS 351.715 and appointed by
the Governor.
(g) "Oregon State
Bar" is a public corporation established by ORS
9.010 to license and discipline lawyers, regulate the practice of law, and provide a
variety of services to bar members and the public.
(2) This rule allocates Civil Legal Education
Program funds to Eligible Accredited Institutions of Higher
Education.
(3) Allocations in the
first year of any biennium shall be 49% of the total appropriated to the
Domestic Violence Clinical Legal Education Account. The remainder shall be
allocated in the second year of the biennium.
(4) Civil Legal Education Program funds are
distributed in order to provide civil legal services to victims of stalking,
domestic violence and assault.
(5)
In order to be eligible for funding under this program, institutions must meet
the following conditions;
(a) Be an accredited
institution of higher education and have an ABA-approved law school.
(b) Certify that the institution has a
clinical legal education program that includes Civil Legal Services.
(c) Certify that the Clinical Legal Education
Program represents clients of domestic violence, stalking or sexual
assault.
(d) Certify that the
Clinical Legal Education Program operates in concert with at least one
nonprofit service provider that provides advocacy services such as counseling,
safety-planning and/or shelter to victims of domestic violence, stalking or
sexual assault and that this provider performs victims counseling services and
provides student training.
(6) Once an institution certifies to the HECC
their compliance with Section 5 they need not apply every year but must
recertify their eligibility on an annual basis.
(7) All institutions certified as eligible
and seeking funds shall submit an annual report including the following:
(a) Number of clients that are victims of
domestic violence, stalking or sexual assault.
(b) Nature of legal issues
involved.
(c) Outcomes of the legal
issues.
(d) Categorization of
victim service between, sexual assault, stalking and domestic
violence.
(e) Relationship of the
client to the offender.
(f) Whether
advocacy services were provided.
(8) The HECC shall award funds to
institutions on a proportional basis in relation to the number of victims
served.
(a) Proportions shall be calculated on
an annual basis.
(b) If only one
institution is eligible to receive funds in a given fiscal year, it shall
receive all available funds in a given fiscal year.
(9) The HECC will give deference to any
legislative designation of specific resources or policy decisions when making
determinations on allocation of funds.
Statutory/Other Authority: ORS
350.075(5)
Statutes/Other Implemented: ORS
350.075(3)(iii)(f)
& ORS
21.007
