Oregon War Veterans Blog

OWVA Confirms Maxwell’s Re-admittance to the Oregon University System

Salem, Oregon – The Oregon War Veterans Association (OWVA) is encouraged to announce that Jeff Maxwell, the Western Oregon University (WOU) student and veteran Marine who was wrongfully arrested and subsequently suspended from school for lawfully carrying a concealed weapon, may now re-enter the Oregon University System.

Earlier this year, Western Oregon University demanded Maxwell write a special research paper on the importance of following their policies – essentially a denouncement of his own lawful actions.  “We appreciate WOU’s concern and cooperation on this issue,” said Jesse Barton, the Salem attorney retained by OWVA to represent Maxwell.  “Maxwell will now be able to reenroll while the court case continues.”

Maxwell recently signed an agreement, negotiated by Jesse Barton with Assistant Attorney General Gary Cordy, effectively staying the research paper requirement until the Court of Appeals has a chance to review his case. 

After Maxwell’s arrest, OWVA retained Barton, who is also a veteran member of OWVA, to defend Maxwell after it became aware of the level of humiliation forced on him. 

“He did nothing wrong, but was arrested, humiliated, and suspended without the ability to properly defend himself. WOU’s actions infuriated veterans and gun rights advocates from all over the State,” said Greg Warnock, the Executive Director of OWVA. 

WOU’s action against Maxwell caused him to lose the funds he prepaid for his education, lose academic credits for the courses he was enrolled in, and also lose his GI Bill educational benefits during his suspension. 

“We are happy that Maxwell may continue his education,” said Greg Warnock, the Executive Director of OWVA. “We’re excited that WOU and Maxwell could reach a compromise on this one issue.”

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New "Linscott Law" Protects Military Families

Salem, Oregon - House Bill 2303 was signed into law on Friday, sending a loud signal to creditors who abuse Oregon's military families.  The law now requires financial institutions to conform to the Servicemembers Civil Relief Act (SCRA) laws, and special federal rights held by service members.

 The passage of this law is a result of the efforts of strong lobby support of the Oregon War Veterans Association (OWVA), the Oregon State Bar's (OSB) Military Assistance Panel, Salem Attorney Jess Barton, Portland Attorney Mike Mendelson, and Brigadier General Mike Caldwell, Deputy Director of the Oregon Military Department who gave much support during the legislative hearings.

The law is affectionately now known by advocates as the "Linscott Law" named after Oregonian Maj. Jeff Linscott, a Marine veteran who paid more than $100,000 of his own funds to fight creditors who challenged his Federal SCRA rights in court.

SCRA laws are supposed to keep creditors from foreclosing on loans, practicing predatory practices, or adjusting interest rates against activated military members. But, have been no teeth in the laws to prevent creditors from threatening military families from paying high court costs to enforce the law. 

The Linscott Law will now allow military families to sue creditors for attorney fees and court costs, which means that they can now defend themselves against illegal actions and predator lenders. The new law may actually be duplicated by other States as well, who want protections for Servicemembers.

Last year, Jess Barton who serves as Associate Legal Counsel for OWVA and a member of the Military Assistance Panel told OWVA's directors that, "Some creditors prey on deployed military personnel, even after they hear of their federal rights for relief, because they cannot defend themselves while in Iraq or Afghanistan."

"Most lenders comply with the law, but the ones who do not are particularly aggressive, since there has been no recourse against them.  Now we will fight them back in court," said Greg Warnock, OWVA's executive director, in a conversation with Linscott on Friday.

OWVA developed legislative sponsors and key support for the bill, and gave testimony about its merit to deployed families. OWVA initially added a penalty amendment that would fine violators $10,000 per incident.  This would give the legislation additional "teeth" because systematic violators should be punished for their abuses over and above the fees a court may award.

"By keeping the penalty clauses out of the bill, however, we hoped to show the Judiciary Committees and the financial institution advocates that we were willing to compromise, so conforming financial institutions wouldn't feel threatened." said Jess Barton.  "The penalty amendment was worth compromising to assure that the bill would be passed and federal laws will be upheld.  The Linscott Law is a tremendous victory for Oregon's military families.

Jess Barton may be reached by email (jessbarton@msn.com ) for additional comments or legal advice regarding the new law.

Veteran Jeffery Maxwell Deserves Equal Protection of the Law

OWVA Supports Maxwell’s Appeal

Salem, Oregon – Today, Jeffery Maxwell, the Marine veteran WOU suspended after learning that he was lawfully carrying a concealed weapon on campus, filed a petition with the Oregon Court of Appeals for judicial review.  This petition starts an appeal of Western Oregon University’s (WOU) decision to suspend Maxwell and seeks to override the university’s requirements to be reinstated into the college.  These requirements add an extra burden solely on Maxwell for his reinstatement to any university under the Oregon University System. 

“This particular case encompasses much more than the Second Amendment right,” said Greg Warnock, the Executive Director of the Oregon War Veterans Association.  “This case is about protecting this veteran’s rights.  Our association is about placing veterans first for their service to our country, and we want to ensure that Jeff Maxwell receives that same courtesy.”

In January, Maxwell was arrested for carrying a concealed handgun on campus.  The Polk County District Attorney’s Office later dismissed these charges when Maxwell confirmed that he had the necessary permit to carry a concealed weapon.  However, the dismissal of his charges did not change the university’s disciplinary decision to suspend Maxwell until June 12, 2009.
 
“This issue has become a matter of principle,” said Maxwell.  “I should not be punished for something that is unwarranted.  I’ve lost my educational benefits from the G.I. Bill, and have been publicly humiliated in front of my peers.  The university’s suspension decision is no more supported by the law than was my false arrest for lawful possession of concealed handgun.  I should be allowed to re-enroll under the same terms as anyone else.”

Without the appeal, Maxwell must complete a 10-page paper, with citations of authority, to be reinstated into the university in June.  Even with the completion of the paper, WOU still has the power and authority to accept or deny the essay, meaning it could further delay Maxwell’s re-enrollment.  WOU does not impose this type of enrollment requirement on anyone but Maxwell.

“It will be several months until the court issues its decision, so time becomes a factor,” said Jesse Barton, Maxwell’s legal counsel and one of OWVA’s attorneys.  “Our goal of the petition is to allow Jeff Maxwell, an honorably discharged Marine who compiled an excellent record at Western Oregon and at Linn-Benton Community College before that, and who is on the staff of the Mitchell Group Home in Albany, to continue his pursuit of his chosen professional field.”

The university now has 30 days to provide the Court of Appeals with the entire record of the university’s proceedings regarding this case.  A court date is expected in the upcoming months.

For more information, contact:

Jess Barton
Attorney at Law
jessbarton@msn.com
Phone (503) 391-6283

Greg Warnock
Executive Director, OWVA
greg@owva.org
Phone (503) 689-4145

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