Federal court hearing on status of Portland police reforms now set for mid-October

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Protesters chanted "No more killer cops" outside the Mark O. Hatfield U.S. Courthouse in downtown Portland in late February 2014. Members of the public were testifying before a federal judge on whether they felt a settlement agreement on a package of Portland police reforms is "fair, reasonable and adequate.'' (Maxine Bernstein/The Oregonian)

(Maxine Bernstein/The Oregonian)

The first hearing to update a judge on the progress of federally mandated Portland police reforms has been pushed back a month to Oct. 21.

U.S. District Court Judge Michael H. Simon recognized in late August that he had erred by initially setting it for Sept. 14, which falls on the first day of the Jewish high holiday of Rosh Hashanah.

As a result, he has reset it to Oct. 21 at 2 p.m. in his courtroom, 13 B.

Hearings are to be held annually before the judge.

The federal court's involvement stems from a Justice Department investigation in 2012 that found Portland police engaged in a pattern or practice of excessive force against people with mental illness or perceived to have mental illness. The negotiated settlement, approved by Simon last August, calls for a wide range of changes to Portland policies, training and oversight.

In his original order in August 2014, Simon made it clear that he has no power to order further reforms but wrote that the parties might present evidence if requested at the periodic hearings.

The city balked, arguing that the federal judge didn't have the authority to require city officials to present evidence before him. The City Council last October voted 4-0 to appeal the judge's order to the 9th U.S. Circuit Court of Appeals and mediation followed.

After months of talks between the city and federal officials, they reached an agreement that the sessions won't be called "evidentiary hearings" but instead "status conferences.''

The parties agreed that during annual status conferences, all sides would describe progress on the reforms and any obstacles that exist, and respond to the court's questions.

--Maxine Bernstein

mbernstein@oregonian.com
503-221-8212; @maxoregonian

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