Oregon Supreme Court

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The Oregon Supreme Court is the highest state court in the Oregon judicial department. The court has seven elected justices, each of whom serves a six-year term after winning a nonpartisan election. They choose one of their own to serve a six-year term as Chief Justice. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Supreme Court building in Salem, Oregon near the capitol building on State Street.

Justices, like other Oregon state court judges, must be United States citizens, Oregon residents for at least three years, and lawyers admitted to practice in Oregon. When a state court judge retires, resigns, or dies before completing a term, the Governor may appoint another qualified person to the position. To keep that position, the appointed person must run for election for a full six-year term at the next general election. On occasion, a judge will leave office at the end of a term, in which case a general election determines their replacement.

1 Administrative
2 Powers
3 History
4 Current Justices
5 Former Justices
6 Notable Cases
7 List of Chief Justices
8 External links
9 References

[edit] Administrative

The administrative head of the judicial department is the chief justice.^[1] In that roll they supervise the state court of appeals, the state circuit courts, and the state tax courts. The chief justice is also responsible for the judicial department’s budget, appointing chief judges of the lower courts, and makes any regulations and rules of the courts.^[1]

The Court can also appoint retired judges, lawyers, and other judges to serve temporarily as judges at any level in Oregon.^[1] The state supreme court also is responsible for admitting new lawyers to practice in Oregon, discipline attorneys and judges in the state, and appoints members to the Board of Bar Examiners.^[1]

[edit] Powers

The powers of the OSC derive from the Oregon Constitution’s Article VII.^[1] Like other supreme courts in the United States, the Oregon Supreme Court acts primarily as a court of appeals. They choose cases that are of legal significance or to unify lower court decisions.^[1] The state supreme court has original jurisdiction in legal disciplinary areas, writs of mandamus, writs quo warranto, and writs of habeas corpus.^[1] The court also reviews death penalty cases, tax court appeals, reapportionment of legislative districts, and challenges to ballot measure titles.^[1]

[edit] History

The Oregon Supreme Court traces its roots back to the early settlement period of Oregon Country. In 1841 pioneer Ewing Young died without an heir or will in the unorganized lands of what are now the states of Idaho, Washington, and Oregon.^[2] In February of that year settlers met at Champoeg to discuss the creation of a government, including a judiciary to deal with the execution of Young’s estate.^[2] Although the overall government plans fell through, the group of pioneers and mountain men did elect a supreme judge to exercise probate powers.^[2] The first judge was Dr. Ira L. Babcock, serving from Feb. 18, 1841-May 1, 1843.^[3] Other judges were appointed and elected during the pre-territory period over the next seven years. Then in 1848 when the Oregon Territory was created by Congress, William P. Bryant was appointed as the first judge of the Oregon Supreme Court.^[3] Justices in the territorial period were appointed by President of the United States.^[3]

In those early days of the court, the justices would “ride circuit” in addition to their appellate court functions. Riding circuit involved acting as appeals court judges around the state in addition to the supreme court functions of ultimate appeal, a common practice in early American courts.[1] This job function was removed in 1878 with the creation of a Court of Appeals.^[3] The first court included four justices, then in 1862 the court was expanded to five justices, before a reduction to three justices with the circuit court split in 1878.^[3] Next in 1910 the court expanded back to five justices, and lastly, in 1913 the court expanded to the current seven justices.^[3]

[edit] Current Justices

Chief Justice Paul J. De Muniz
Justice Thomas A. Balmer
Justice Wallace P. Carson, Jr. (retiring January 2007 to be replaced by Virginia Linder)
Justice Robert D. Durham
Justice W. Michael Gillette
Justice Rives Kistler
Justice Martha Lee Walters

The main stairs.	Stained glass above the courtroom entrance.	Oregon Supreme Court's courtroom.	The Gates of Justice.
Ornamental interior of the courtroom.	Stained glass ceiling of the courtroom.	The court's main entrance.	Exterior of Supreme Court Building.

[edit] Former Justices

Justice Ted Kulongoski
Justice Hans A. Linde
Justice Charles L. McNary
Justice Thomas Tongue

[edit] Notable Cases

Lowe v. City of Eugene, 254 Or. 518, 463 P.2d 360 (1969) (1st Amendment, Skinner Butte)
Petersen v. Thompson, 264 Or. 516, 506 P.2d 697 (1973) (contract law)
Ruble Forest Products, Inc. v. Lancer Mobile Homes of Oregon, 269 Or. 315, 524 P.2d 1204 (1974) (contract law)
Phillips v. Kimwood Machine Company, 269 Or. 485, 525 P.2d 1033 (1974) (torts, product liability)
Southworth v. Oliver, 284 Or. 361, 587 P.2d 994 (1978) (contract law)
Fazzolari v. Portland School District No. 1J, 303 Or. 1, 734 P.2d 1326 (1987) (torts: negligence)
Oregon v. Guzek, 336 Or. 424, 86 P.3d 1106 (2004) (death penalty)
MacPherson v. Department of Administrative Services, 340 Or. 117, 130 P.3d 308 (2006) (land use, measure 37)
Williams v. Philip Morris, Inc., 340 Or. 35, 127 P.3d 1165 (2006) (punitive damages, smoking)

[edit] List of Chief Justices

#	Name^[4]	Term^[4]
1	William P. Bryant	(1848-1850)
2	Thomas Nelson	(1850-1853)
3	George Henry Williams	(1853-1858)
4	Aaron E. Wait	(1859-1862)
5	Reuben P. Boise	(1862-1864)
6	Paine Page Prim	(1864-1866)
7	Erasmus D. Shattuck	(1866-1867)
5	Reuben P. Boise	(1867-1870)
6	Paine Page Prim	(1870-1872)
8	William W. Upton	(1872-1874)
9	Benjamin F. Bonham	(1874-1876)
6	Paine Page Prim	(1876-1878)
10	James K. Kelly	(1878-1880)
11	William Paine Lord	(1880-1882)
12	Edward B. Watson	(1882-1884)
13	John B. Waldo	(1884-1886)
11	William Paine Lord	(1886-1888)
14	William Wallace Thayer	(1888-1890)
15	Reuben S. Strahan	(1890-1892)
11	William Paine Lord	(1892-1894)
16	Robert S. Bean	(1894-1896)
17	Frank A. Moore	(1896-1898)
18	Charles E. Wolverton	(1898-1900)
16	Robert S. Bean	(1900-1902)
17	Frank A. Moore	(1902-1905)
18	Charles E. Wolverton	(1905)
16	Robert S. Bean	(1905-1909)
17	Frank A. Moore	(1909-1911)
19	Robert Eakin	(1911-1913)
20	Thomas A. McBride	(1913-1915)
17	Frank A. Moore	(1915-1917)
20	Thomas A. McBride	(1917-1921)
21	George H. Burnett	(1921-1923)
20	Thomas A. McBride	(1923-1927)
21	George H. Burnett	(1927)
22	John L. Rand	(1927-1929)
23	Oliver P. Coshow	(1929-1931)
24	Henry J. Bean	(1931-1933)
22	John L. Rand	(1933-1935)
25	James U. Campbell	(1935-1937)
24	Henry J. Bean	(1937-1939)
22	John L. Rand	(1939-1941)
26	Percy R. Kelly	(1941-1943)
27	John O. Bailey	(1943-1945)
28	Harry H. Belt	(1945-1947)
29	George Rossman	(1947-1949)
30	Hall S. Lusk	(1949-1951)
31	James T. Brand	(1951-1953)
32	Earl C. Latourette	(1953-1955)
33	Harold J. Warner	(1955-1957)
34	William C. Perry	(1957-1959)
35	William M. McAllister	(1959-1967)
34	William C. Perry	(1967-1970)
36	Kenneth J. O'Connell	(1970-1976)
37	Arno H. Denecke	(1976-1982)
38	Berkeley Lent	(1982-1983)
39	Edwin J. Peterson	(1983-1991)
40	Wallace P. Carson, Jr.	(1991-2006)
41	Paul J. De Muniz	(2006-Present)

[edit] External links

[edit] References

^ ^a ^b ^c ^d ^e ^f ^g ^h Oregon Supreme Court. Oregon Blue Book. Oregon Secretary of State. Retrieved on 2006-12-09.
^ ^a ^b ^c Clarke, S.A. (1905). Pioneer Days of Oregon History. J.K. Gill Company.
^ ^a ^b ^c ^d ^e ^f Oregon Supreme Court Justices. Oregon Blue Book. Oregon Secretary of State. Retrieved on 2006-12-09.
^ ^a ^b Oregon Supreme Court Justices. Oregon Blue Book. State of Oregon. Retrieved on 2006-11-25.