In Memory

Alan Bailey



 
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04/12/25 08:35 AM #1    

Michael Alexander

Alan Bailey Obituary

BAILEY, ALAN E. Alan died on Oct. 26, 2004, at home with his family at his side, after battling his progressive multiple sclerosis for the last several years.

Born in Brooklyn in 1947, Alan graduated from high school at 15 and then sampled different college experiences finally graduating from American University with a bachelor's degree in philosophy in 1968. He began a PhD program in philosophy at Brandeis University but with the turmoil of the Vietnam War as a backdrop, he left to become a Vista Volunteer working with the Minnesota Welfare Rights Organization to organize farm workers in rural Minnesota.

He later began working as a paralegal at Lane County Legal Aid in Oregon designing and supervising a new office intake system. Becoming convinced that social change could best occur in the legal arena and that to be actively involved he needed a law degree, Alan entered the University of Oregon Law School. After his first year, he heard that Antioch University was beginning a law school in Washington, D.C., designed to make legal education relevant to social justice needs, and immediately transferred and became a member of Antioch's first graduating class.

While in law school, and despite disagreeing with his politics, Alan was selected to intern as an Administrative Assistant to Chief Justice Warren Burger of the Supreme Court where the Chief Justice repeatedly (without result) told Alan he needed to cut his hair.

Alan always treasured Oregon for its beauty and for political openness. He was a lifelong hiker, backpacker, and commuter by bicycle.

After graduation from law school in 1975 he returned to Oregon to a Vista attorney job with the Housing Unit at Multnomah County Legal Aid representing clients in eviction proceedings. Never satisfied to just do the job, he organized tenants and participated in Public Utility Commission hearings advocating the establishment of lifeline rates and organized tenants to intervene in litigation that affected them.

In 1976, he became an attorney with the Juvenile Law Center in Portland where he represented children in juvenile court, challenging the constitutionality of status offenses, bringing a successful habeas corpus petition to release a juvenile illegally committed to a state training school without a hearing and successfully obtaining a contempt of court finding against the state for failure to provide services for a child he represented.

When the Juvenile Law Center closed, Alan began working for Multnomah County Legal Aid while bringing Gary H v. Hegstrom and Bradford v. Cahill, lawsuits against the state of Oregon challenging inappropriate placements, conditions of confinement and lack of treatment for mentally ill children in the state training school. In 1979, Alan began working at Prisoner's Legal Services where he continued to prosecute Hegstrom and Cahill, and became lead counsel in a suit against the Oregon Parole Board in which he established the requirement that mentally ill prisoners not be indefinitely detained in prison but rather committed for treatment at the end of their prison term.

While at PLSO, Alan founded and obtained a grant for the creation of the Juvenile Rights Project which he envisioned providing legal advocacy for Oregon's juveniles so that the juvenile justice system would become more responsive to the needs of children. While serving as the founding executive director and speaking out at all public forums to which he had access, he was also the initial lead counsel on three major lawsuits which profoundly affected the treatment of children in Oregon.

In Bradford v. Cahill, previous impediments were removed so that a child who was severely abused in an unsupervised foster home had redress against the state for its failure to supervise. In D.B. v. Tewskbury, the court agreed with Alan's belief that the confinement of children in adult jails was unconstitutional; and, in Lipscomb v. Simmons, the court eventually held that the state policy of denying foster care benefits to children placed with relatives was unconstitutional.

In 1984, Alan was diagnosed with an aggressive form of lymphoma and battled against all odds to remission. After regaining his health, Alan turned to one of his other passions in life, his eclectic passion for music with its power to move the soul and spirit, and to be a force for change. In 1988, Alan became the Station Manager at KBOO managing the overall operations of the Portland area's only independent, noncommercial, listener sponsored community radio station. Alan continued his successful grant writing endeavors for KBOO and for the Creative Music Guild where he wrote the incorporation papers, bylaws, obtained tax exemption and obtained funding for avant-garde jazz performances in Portland.

In 1999, Alan was diagnosed with Multiple Sclerosis which eventually required his retirement in 2001. Throughout his life, Alan was as ferocious with voicing his progressive beliefs as he was in facing his debilitating illnesses. He was a renaissance man mastering the classical guitar, learning to craft and build award winning furniture, and single handedly learning the skills to rebuild and restore his Victorian home in Irvington which is now designated a national historic landmark. One of his recent better days was in July of this year when he proudly welcomed visitors to his home on the yearly opening required of historic dwellings.

Alan will be missed by his daughter, Sarah Baily; his former partner and friend, Diana Stuart; his extended family on the east coast; and his friends in Portland's music and legal services community. Contributions may be made to the Pacific Green Party, the American Civil Liberties Union or KBOO. 


04/12/25 09:21 AM #2    

Michael Alexander


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