Oregon Supreme Court

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Oregon Supreme Court
Great Seal of the State of Oregon
Details of the Court
Branch:	Judicial
Type:	non-partisan
Selection:	Statewide election
Term:	6 years
Authority:	Constitutional
Established:	1841 (as "Supreme Judge")
Chief Justice
Name:	Paul De Muniz
Term ends:	2013

The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States.^[1] The OSC holds court at the Supreme Court building in Salem, Oregon near the capitol building on State Street.

1 Election
2 Administrative
3 Powers & jurisdiction
4 History
5 Current justices
6 Photo gallery
7 Notable former justices
8 Notable Supreme Court cases
- 8.1 Other notable cases
9 List of chief justices
10 External links
11 References

[edit] Election

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. 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]

[edit] Administrative

The Chief Justice serves as administrative head of the Oregon Department of Justice.^[1] In that role, he or she supervises the Oregon Court of Appeals, Oregon's circuit courts, and the Oregon Tax Court. The Chief Justice is also responsible for the judicial department’s budget, appointing chief judges of the lower courts, and making 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, disciplining attorneys and judges in the state, and appointing members to the Board of Bar Examiners.^[1]

The Oregon Supreme Court

[edit] Powers & jurisdiction

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 the 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.^[4] Beginning with statehood in 1859, the court had just four justices, one for each judicial district in the state.^[5] Each justice was assigned one district, and then all justices would gather and set intervals to confer on appeals.^[5] On appeals, the justice who presided over the lower court case would not participate in the proceedings.^[5] Then in 1862 the court was expanded to five justices with the addition of a fifth judicial district. In 1878 with the creation of a Court of Appeals and separate Supreme Court, riding circuit was abandoned^[3] and the Supreme Court reduced to three members.^[5] Governor Thayer then appointed James K. Kelly, Reuben P. Boise, and Paine Page Prim to the court as temporary justices until elections could be held. Next in 1910 the state legislature expanded the court back to five justices, and lastly, in 1913 the court expanded to the current seven justices.^[3]

[edit] Current justices

Title	Name	Joined the Court	Current Term Ends	Law School Graduated From
Chief Justice	Paul De Muniz	2001	2013	Willamette University College of Law
Associate Justice	W. Michael Gillette	1986	2011	Harvard Law School
Associate Justice	Robert D. Durham	1994	2013	University of Santa Clara School of Law
Associate Justice	Thomas A. Balmer	2001	2009	University of Chicago Law School
Associate Justice	Rives Kistler	2003	2011	Georgetown University Law Center
Associate Justice	Martha Lee Walters	2006	2009	University of Oregon School of Law
Associate Justice	Virginia Linder	2007	2013	Willamette University College of Law

[edit] Photo gallery

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] Notable former justices

Justice Alfred Goodwin (1960-1969)
Justice Ted Kulongoski (1996-2001)
Justice Hans A. Linde (1977-1990)
Justice Charles L. McNary (1913-1915)
Justice Thomas Tongue (1962-1982)^[3]

[edit] Notable Supreme Court cases

McLaughlin v. Hoover, 1 Or. 31 (1853) (assumpsit, statute of limitations, repugnancy)
Danielson v. Roberts, 44 Or. 108, 74 P. 913 (1904) (property law)
Jackson v. Steinberg, 186 Or. 129, 200 P.2d 376 (1948) (property law)
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)
Smith v. Employment Div., 307 Or. 68, 763 P.2d 146 (1988) (employment law, constitutional law)
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] Other notable cases

Holmes v. Ford, (1853) (slavery)
Pennoyer v. Neff, 95 U.S. 714, (1877) (US Supreme Court, personal jurisdiction)

[edit] List of chief justices

#	Name^[3]	Term^[3]
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 ⁱ ^j Oregon Supreme Court. Oregon Blue Book. Oregon Secretary of State. Retrieved on December 9, 2006.
^ ^a ^b ^c Clarke, S.A. (1905). Pioneer Days of Oregon History. J.K. Gill Company.
^ ^a ^b ^c ^d ^e ^f ^g ^h Oregon Supreme Court Justices. Oregon Blue Book. Oregon Secretary of State. Retrieved on December 9, 2006.
^ Justices of the United States Supreme Court (explanation of terms)
^ ^a ^b ^c ^d Horner, John B. (1929). Oregon: Her History, Her Great Men, Her Literature. The J.K. Gill Company:Portland, Oregon. 258.

Justices of the Oregon Supreme Court
Chief Justice Paul De Muniz W. Michael Gillette • Robert D. Durham • Thomas A. Balmer • Rives Kistler • Martha Lee Walters • Virginia Linder