The National Lawyers Guild is dedicated to the need for basic and progressive change in the structure of our political and economic system. Through its members—lawyers, law students, jailhouse lawyers and legal workers united in chapters and committees—the Guild works locally, nationally and internationally as an effective political and social force in the service of the people.
We seek to bring together all those who recognize the importance of safeguarding and extending the rights of workers, women, LGBTQ people, farmers, people with disabilities and people of color, upon whom the welfare of the entire nation depends; who seek actively to eliminate racism; who work to maintain and protect our civil rights and liberties in the face of persistent attacks upon them; and who look upon the law as an instrument for the protection of the people, rather than for their repression.
The Portland NLG’s aims are to:
- Be a legal arm of the radical movement by being responsive and proactive, and building connections between diverse community groups.
- Be a radical arm of the legal world by inserting radical ideas into the legal culture and providing a home for radical and progressive legal folk.
- Have our work and our organizational structure build, energize and support our members and our organization.
The United People of Color Caucus Pledge:
We, the Portland Chapter of the National Lawyers Guild, pledge to support the mission of the United People of Color Caucus by:
- Signing on to the Alabama Manifesto;
- Organizing anti-racist trainings and workshops at regional/local/committee/chapter level;
- Raising money for the Student of Color Travel Stipend;
- Recruiting students of color;
- Recruiting legal workers, jailhouse lawyers and lawyers of color.
We recognize that these goals will not be met overnight, and this pledge is part of an ongoing commitment to the United People of Color Caucus and the future of a self-sustaining National Lawyers Guild.
A History of the Portland NLG
[Originally posted to PortlandNLG.org prior to 2023.]
By Scott Lee Sharp
The Oregon Chapter of the NLG was founded in the 1930’s. One of the first descriptions of the Oregon Chapter of the National Lawyers Guild described it as part of “[a] National Organization of ‘left wing’ attorneys with local chapters existing in many parts of the country. The local group, through its ‘Civil Liberties Committee,’ has entered into the communists inspired campaign to abolish the Portland Police ‘Red Squad,’ taking the investigation of communist activities out of the hands of duly constituted law-enforcement agencies.” The Red Squad or “Communist Detail” of the then Portland Police Department, was a “small but active Division of the Department since the early 1920’s, preoccupied with I.W.W. excitement.”
The Oregon Chapter of the NLG continued its efforts until it lost much of its membership when Hitler and Stalin agreed to divide Poland. The Oregon chapter continued to lose membership up until it was completely destroyed by McCarthyism. The resurrection of the Oregon Chapter in Portland occurred after two notable NLG conventions, namely the 1970 Convention when law students were admitted into the NLG and the 1972 Convention when legal workers were granted full admission. The Portland Chapter was officially reestablished after that 1972 convention and its members were placed under surveillance and investigation by several government agencies including the FBI, CIA, and INS.
Government informers labeled the recently founded Portland Chapter “Subversive” in an FBI memo from May, 1972. Other FBI memoranda indicate that it was reopening its investigation of Portland Chapter members in July, 1972. Nearly a year later the FBI described the Portland Chapter as a “Communist front organization of lawyers and law students dedicated to Communist Party USA and New Left ideals for radical change of the social, economic, and judicial systems in the United States.” “[NLG] Attorneys . . . are publicly known to support radical and unpopular causes and to select as their clients individuals charged with causes that have potential direct or indirect political overtones,” a description which the chapter still strives for.
FBI infiltration continued with agents attending the Austin , Texas Convention in 1973. Investigations continued in to the Portland Chapter’s membership including: Robert Wollheim, whom the FBI labeled as an extremist; Jay Roth; Robert Burkett; Ronald Schiffman; and Patricia Watson; among others. The FBI was grouped together with other groups based on stated and/or perceived policies. Those groups included the Weatherman Faction of the S.D.S.; Venceremos Organization; and the Revolutionary Union. The investigations were pursuant to those predecessors of the USA PATRIOT Acts I and II: Title 18, US Code, Sections 2385 (Advocating Overthrow of the Government), 2383 (Rebellion or Insurrection), 2384 (Seditious Conspiracy); or Title 50, US Code, Sections 781-810 (Internal Security Act of 1950 and the Communist Control Act of 1954). The investigations continued until at least 1974 when the Portland Chapter had an internal rift with some members moving to Los Angeles and some staying in Portland.
Today the Portland Chapter of the NLG has an active membership with an exceptionally strong showing by law students at Northwestern School of Law [at Lewis and Clark College]. The Policy Board of the Portland Chapter meets once a month and continues to draw new members. Guild members have been and are active in a wide range of activities both in and out of the courtroom.
Local Guild members won an Oregon Appellate case, State v. Ausmus, 336 OR 493 (2004). Ausmus held a Disorderly Conduct statute unconstitutional as it prohibited people from “[congregating] with other persons in a public place and [refusing] to comply with a lawful order of the police to disperse[.]”
Guild lawyers and law students have attended numerous demonstrations, protests, and other events as legal observers. Through the efforts of the legal observers, a group of Guild members settled a 1984 civil rights case with the City of Portland over the rights of demonstrators. The demonstrators and attorneys were awarded approximately $845,000 arising from incidents of police brutality at a demonstration against the visiting President Bush. Numerous articles were written. The video recordings created by the legal observers were shocking and explicit, and were no small part of the City’s decision to settle.
Steve Goldberg fought a long and worthy battle with Emiliano Santiago, ending after a 9th Circuit decision. Santiago’s enlistment in the National Guard was extended by twenty-seven years. Goldberg and Santiago challenged in court the Army’s stop-loss policy, which involuntarily extended Santiago’s service member’s military obligation.
Goldberg, a member of the International Committee, is a longtime Guild member who, with Barbara Dudley and Scott Sharp, launched the Military Counseling Project at Northwestern Law School. Law students responded to phone calls from people trying to find out about options for obtaining military discharges. The Counseling Project was made possible by a grant from the McKenzie River Gathering. It started out with one law student and one volunteer taking two to three phone calls per month, and grew to approximately thirty phone calls per month and events countering military recruiters at high schools, community colleges, and other events.
Adam Arms spearheaded an effort against the “Sit-Lie” ordinance in Downtown Portland. The ordinance was clearly written to criminalize homelessness. Arms, acting through the Northwest Constitutional Rights Center, won a major victory with the holding by Circuit Court Judge Marylin E. Litzenberger, that the ordinance is unconstitutional.
Sources:
Boesen, Chris; Esterly H.M.; Hart, Alan; Lenon, Harlowe; Solomon, Gus; and Wilson Thomas, Report of the Civil Liberties Committees National Lawyers Guild Oregon Chapter, pp 51-52, May 24, 1938 (quoting from Radical Activities Bulletin, Jan. 21, 1938).
FBI memorandum, July 20, 1972, obtained through FOIA requests.
FBI letter to Portland , May 10, 1973.
DOJ memorandum, Sept. 14, 1973.
FBI memorandum, June 28, 1974.