Pubdate: Sat, 02 Dec 2000
Source: Oregonian, The (OR)
Copyright: 2000 The Oregonian
Contact:  1320 SW Broadway, Portland, OR 97201
Fax: 503-294-4193
Website: http://www.oregonlive.com/
Forum: http://forums.oregonlive.com/
Author: Maxine Bernstein

SUIT SAYS APPROVED MEASURE IS ILLEGAL

The Lincoln County lawsuit is the first to target Measure 3, which
disallows permanent confiscation before a conviction

Lincoln County's regional narcotics team has become the first to file
a lawsuit seeking to derail Measure 3, claiming its civil forfeiture
restrictions are unconstitutional.

The legal action comes as a legislative work group is meeting to draft
a bill that would bring state statute into compliance with the
measure's reforms, approved by voters in November.

Measure 3, set to take effect Dec. 7, will amend the state
constitution to require that a property owner be convicted of a crime
before the government can permanently confiscate property that was
used in a crime or is proceeds of a crime. It also forbids law
enforcement from pocketing the proceeds from the confiscated property
and instead redirects the proceeds to treatment and education, or
other uses established by law.

The lawsuit by Lincoln Interagency Narcotics Team, together with
Lincoln County, was filed Nov. 24 in Marion County Circuit Court by
Rob Bovett, Lincoln County assistant counsel.

The lawsuit attacks the measure on technical grounds, contending it
contains more than one subject -- a violation of state election law.

It also argues that Measure 3 contains too many provisions, violating
the requirement in the state constitution that two or more proposed
constitutional amendments be voted on separately.

The suit was filed against the state of Oregon, Secretary of State
Bill Bradbury and Gov. John Kitzhaber.

"We will fulfill our statutory obligation to defend the measure," said
Kevin Neely, spokesman for the state attorney general's office.

Measure 3 proponents said the lawsuit would thwart the will of Oregon
voters and will not prevail.

"We don't believe Measure 3 is more than one amendment. It only
affects one portion of the state constitution," said David Fidanque,
executive director of the American Civil Liberties Union of Oregon.
"We think Measure 3 is going to be upheld against this challenge."

The lawsuit also challenges a provision in the measure that restricts
state and local police agencies from transferring forfeiture cases to
the federal government, unless a state judge approves the transfer.
Bovett argues in the lawsuit that the restriction conflicts with
federal guidelines that allow the sharing of federally forfeited
property with state and local police agencies.

Measure 3 backers call the federal argument unfounded, saying that
cities and counties are not bound to share federal revenues.

"I certainly understand that law enforcement folks, and forfeiture
counsel, who have been living high on the hog on these programs, are
not happy, " Fidanque said. "But the reality is they were grossly out
of touch with the majority of Oregon voters."

Meanwhile, a legislative work group in Salem is discussing alternative
funding for law enforcement agencies. For example, state Rep. Floyd
Prozanski, a Eugene Democrat who will not be returning to the
Legislature next month, said he is committed to working with state
police to ensure there is continued funding for regional drug task
forces.
- ---