Oregon Supreme Court
Oregon Supreme Court | |
---|---|
Chief Justice | |
Currently | Meagan Flynn |
Since | January 1, 2023 |
Lead position ends | 2025 |
Jurist term ends | 2027 |
The Oregon Supreme Court (OSC) 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 Oregon Supreme Court Building in Salem, Oregon, near the capitol building on State Street. The building was finished in 1914 and also houses the state's law library, while the courtroom is also used by the Oregon Court of Appeals.
Tracing its heritage to 1841 when Oregon pioneers selected a Supreme Judge with probate powers, the court has grown from a single judge to its current make up of seven justices. Justices of the court serve six-year terms upon election, however vacancies are filled by appointments of the
Primarily an appeals court, the Oregon Supreme Court is also the court of last resort in Oregon. Although most
Selection
The court is composed of seven elected
On occasion, a judge will leave office at the end of a term, in which case a general election determines their replacement.
Administrative
The court can appoint retired judges, lawyers, and other judges to serve temporarily as judges at any level in Oregon.[2] They can also appoint senior judges to serve on any state court at or below the highest level of court that judge had served on before retirement or resignation.[1] The state supreme court is responsible for admitting new lawyers to practice in Oregon, disciplining attorneys, and appointing members to the Board of Bar Examiners.[2] This board of a minimum of fourteen members is responsible for administering the bar exam and screening prospective lawyers before admitting applicants to practice law in Oregon.[1] Oversight of state judges is also in the hands of the Supreme Court.[1] The Commission on Judicial Fitness and Disability investigates all reports of abuses and makes recommendations to the Supreme Court on any actions that may need to occur.[1] The Supreme Court can then suspend judges, censure them, remove them from office, or take no action.[1]
Chief justice
One justice of the court is elected by the court to serve a six-year term as chief justice.
Oregon Reports
Beginning in 1853, the official court reporter for the publication of all Supreme Court decisions was the Oregon Reports, abbreviated Or. or Ore. in case citations.[6] These bound editions are published under the authority of the Oregon Supreme Court as authorized by state law.[6][7]
Joseph G. Wilson started in 1853 as the clerk for the court and was responsible for the Oregon Reports until 1870, though he also served as a justice of the court from 1862 to 1870.[8] Later federal judge Charles B. Bellinger then took over editing the reports, and served as clerk until 1880.[8] He was followed by T. B. Odeneal, J. A. Stratton, and W. H. Holmes, until 1889 when a law was passed that included a provision that the chief justice take over this responsibility.[8] This arrangement only lasted a few years, as in 1891 a new law allowed the court to hire an official reporter, with later chief justice George H. Burnett serving as the first official reporter.[8]
The first reported opinion in the Oregon Reports was Thompson v. Backenstos, involving a case about trespassing.[9] In the case, Justice George Henry Williams wrote the opinion, Justice Thomas Nelson had served as the judge at the trial level due to circuit riding, while future justice Reuben P. Boise served as counsel for the defense, and fellow future justice Aaron E. Waite provided counsel for the plaintiff.[9]
Powers and jurisdiction
The powers of the OSC derive from the Oregon Constitution's Article VII.
The court also reviews death penalty cases, state tax court appeals, and items regarding legal discipline on direct review.[1] Direct review means that the Supreme Court hears cases directly upon appeal without the case first going to the Court of Appeals.[1] Other direct review items include state agency decisions such as the placement of prisons, placement of energy production facilities, locations of sites for solid waste disposal, and some labor law injunctions.[1] Additionally, the court has original jurisdiction in, writs of mandamus, writs quo warranto, writs of habeas corpus, reapportionment of state legislative districts, and challenges to ballot measures such as their titles, the fiscal impact statement, and the explanatory statement as listed in the Voter's Pamphlet.[1]
Oregon's state courts are courts of general jurisdiction, unlike federal courts.
Although only the United States Supreme Court can overturn the decisions of the Oregon Supreme Court, they cannot overturn decisions exclusively based on the Oregon law, though other mechanisms exist that effectively overturn decisions of the Oregon Supreme Court. The U.S. Supreme Court can only accept cases from the Oregon Supreme Court if the decision involves issues of federal law and interpretation of federal law might change the outcome of the case.[11] The Oregon Supreme Court is the final authority on Oregon law, and absent extraordinary circumstances the U.S. Supreme Court cannot overrule its interpretation of Oregon law (see adequate and independent state ground). Although only the U.S. Supreme Court can reverse or overturn decisions of the Oregon Supreme Court, decisions of the court can be effectively overturned by changing the law.[11][13] Thus later outcomes of the court can be affected by legislation passed by the Oregon Legislative Assembly or through the initiative and referendum process.[14] Also, in most criminal decisions Oregon's Governor or the President of the United States may issue a pardon (some crimes require the Oregon Legislature to concur).[14]
History
Following the journey of the Lewis and Clark Expedition in 1805, the region known as Oregon Country experienced increased activity and exploration by Europeans and Americans. Beginning with the fur trade, settlement by Euro-Americans began as early as 1811 with the founding of Fort Astoria and slowly increased until the 1830s.[15] In the 1830s additional settlement occurred, agricultural production increased, and missionaries started religious missions in the region. In 1835, the first trial in the region was held with John Kirk Townsend presiding as magistrate over a murder charge.[16] Pioneer settlers continued to immigrate to the region, with larger wagon trains crossing the Oregon Trail in the 1840s bringing more immigrants and a need for courts.[17]
Pre-statehood
The Oregon Supreme Court traces its roots back to the early settlement period of
In 1843, a later set of meetings at Champoeg created the
In 1848, when the
Oregon State Supreme Court
Beginning with statehood in 1859, the court had just four justices, one for each judicial district in the state.[21] The constitution created by the Oregon Constitutional Convention in 1857 called for these justices to serve as both circuit court judges and supreme court justices.[8] This was set to remain until the population of the state reached 100,000 people.[8] Each justice was assigned one district, and then all justices would gather at set intervals to confer on appeals, which would occur at least once per year and were authorized to meet more frequently if needed.[8][21] On appeals, the justice who presided over the lower court case would not participate in the proceedings.[21]
Then in 1862 the court was expanded to five justices with the addition of a fifth judicial district. Also that year the Court hired its first clerk after the legislature authorized that position.[22] In 1878, the legislature passed an act to separate the circuit and supreme courts after the population reached 100,000.[8] With the creation of a separate Circuit Court and Supreme Court, riding circuit was abandoned[5] and the Supreme Court was reduced to three members, with members of each court elected separately.[8][21] 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. During these early years of the court the selection of the Chief Justice was governed by the Oregon Constitution, with the senior justice or the justice with their term was next to expire was designated as the Chief Justice.[8] This meant that a new chief would be selected at least every two years, and in general meant someone elected would serve their first four years on the bench as an associate justice and the last two years as the Chief Justice.[8]
Mary Leonard became the first woman admitted to the state bar on April 13, 1886, when the court admitted her after a year-long battle that included the state legislature passing a new law to allow women to be admitted.[23] In 1906, the Oregon court upheld a maximum hour law for women in State v. Muller, 48 Or. 252, 85 P. 855 (1906). Due partly to a brief by future U.S. Supreme Court justice Louis Brandeis, the U.S. Supreme Court upheld the Oregon law in Muller v. Oregon, 208 U.S. 412 (1908) despite ruling in 1905 in Lochner v. New York that a maximum hour law for bakers was unconstitutional.[24] Then in 1910, the state legislature expanded the court back to five justices, and lastly, in 1913 the court expanded to the current seven justices.[5]
The next important case came in 1935 when the state's top court ruled in State v. De Jonge, 152 Or. 315, 51 P.2d 674 (1935) that the 14th Amendment did not protect Communist Party organizers from prosecution under Oregon's criminal syndicate law. However, the U.S. Supreme Court would overturn this decision in De Jonge v. Oregon, 299 U.S. 353 (1937). Another important case came in 1960 as the Oregon court ruled against the United States government in State Land Board v. United States, 222 Or. 40, 352 P.2d 539 (1960). In that case the court ruled that state estate laws trumped a federal statute concerning the property of U.S. Veterans who died at Veterans Administration hospitals without a valid will. The U.S. Supreme Court then overturned the Oregon Supreme Court's decision in United States v. Oregon, 366 U. S. 643 (1961).[25]
On the administrative end of the court, the
The next landmark decision of the U.S. Supreme Court involving the Oregon Supreme Court was
Location
In the early years of the Supreme Court, business was conducted at a variety of locations in downtown Salem.[30] The first public building to house the court was the Territorial Capitol Building in Salem that was built between 1854 and 1855.[31] In that building the courtroom was in a chamber measuring 20 feet by 27 feet on the first floor.[31] On December 29, 1855, after the building was partially occupied, it burned to the ground.[17] In 1876, the state finished construction on a second capitol building where the court was located on the third floor.[32] This courtroom measured 54 feet by 46 feet, while the state law library was 75 feet by 70 feet.[32] A separate building was built by the state in 1914 to house the Supreme Court, and this is now the oldest building on the Capitol Mall after the second capitol building burned down on April 25, 1935.[33][34]
In addition to holding court in the Supreme Court Building's third floor courtroom, the court also travels around the state to hold sessions.
Current justices
The court has had a total of 106[when?] individuals serve on the court since its creation during the territorial period.[5] This has ranged from a membership of three justices to seven justices. Since 1913, the number of positions on the bench has been seven.[5] Of the current membership, three are women and four are men. Overall, the court has had ten women compared to ninety-seven men serve on the court.[when?]
The newest members of the court are Stephen Bushong, Bronson James and Aruna Masih, who joined in 2023. All of the seven current justices first joined the court as appointees of the governor of Oregon to fill mid-term vacancies.
Justice | Born | Joined | Chief Justice | Term ends | Mandatory retirement | Appointed by | Law school |
---|---|---|---|---|---|---|---|
Meagan Flynn, Chief Justice | July 28, 1967 | April 1, 2017 | 2023–present | January 6, 2025 | 2042 | Kate Brown (D) | Gonzaga |
Rebecca Duncan | 1971 (age 52–53) | July 1, 2017 | – | January 6, 2025 | 2046 | Kate Brown (D) | Michigan
|
Christopher L. Garrett | December 26, 1973 | January 1, 2019 | – | January 4, 2027 | 2048 | Kate Brown (D) | Chicago |
Roger DeHoog | May 16, 1965 | January 19, 2022 | – | January 1, 2029 | 2040 | Kate Brown (D) | Oregon |
Stephen Bushong | October 11, 1958 | January 1, 2023 | – | January 6, 2025 | 2033 | Kate Brown (D) | Michigan |
Bronson James | 1971 or 1972 (age 52–53) | January 1, 2023 | – | January 6, 2025 | 2047 | Kate Brown (D) | Lewis & Clark |
Aruna Masih | 1970 or 1971 (age 52–53) | September 1, 2023 | – | January 6, 2025 | 2046 | Tina Kotek (D) | Creighton |
Notable Supreme Court cases
Over the course of its history the Oregon Supreme Court has made a number of decisions as the highest court in Oregon. These cases cover a wide range of topics from the constitutionality of various
Name | Year | Citations | Legal issue |
---|---|---|---|
Amos M. Short v. Francis Ermatinger | 1851 | N/A | location of the capital of Oregon Territory, constitutional construction |
McLaughlin v. Hoover | 1853 | 1 Or. 31 | assumpsit, statute of limitations, repugnancy |
Danielson v. Roberts | 1904 | 44 Or. 108, 74 P. 913 | property law |
Oregon v. Pacific States Telephone & Telegraph Co. | 1909 | 53 Or. 162, 99 P. 427 | constitutionality of the initiative process |
State v. Bunting | 1914 | 71 Or. 259, 139 P. 731 | labor law
|
Jackson v. Steinberg | 1948 | 186 Or. 129, 200 P.2d 376 | property law |
McCallum v. Asbury | 1964 | 238 Or. 257, 393 P.2d 774 | partnership |
Goodman v. Ladd Estate Co. | 1967 | 246 Or. 621, 427 P.2d 102 | corporation, Ultra vires |
Lowe v. City of Eugene | 1969 | 254 Or. 518, 463 P.2d 360 | 1st Amendment, Skinner Butte |
Petersen v. Thompson | 1973 | 264 Or. 516, 506 P.2d 697 | contract law |
State v. Haas | 1973 | 267 Or. 489, 517 P.2d 671 | interrogation evidence |
Ruble Forest Products, Inc. v. Lancer Mobile Homes of Oregon | 1974 | 269 Or. 315, 524 P.2d 1204 | contract law |
Phillips v. Kimwood Machine Company | 1974 | 269 Or. 485, 525 P.2d 1033 | torts, product liability |
Gustafson v. Payless Drug Stores NW, Inc. | 1974 | 269 Or. 354, 525 P.2d 118 | torts, Malice
|
State v. Lakeside | 1977 | 277 Ore. 569, 561 P.2d 612 | jury instructions, right against self incrimination when defendant does not testify
|
Southworth v. Oliver | 1978 | 284 Or. 361, 587 P.2d 994 | contract law |
State v. Henry | 1987 | 302 Or. 510, 732 P2d 9 | State First Amendment , the only time a U.S. state supreme court has so held.
|
Fazzolari v. Portland School District No. 1J | 1988 | 303 Or. 1, 734 P.2d 1326 | torts : negligence
|
Smith v. Employment Div. | 1988 | 307 Or. 68, 763 P.2d 146 | employment law, constitutional law
|
State v. Dixson | 1988 | 307 Or. 195, 763 P.2d 1015 | Oregon is first of five states to hold federal open-fields doctrine allowing warrantless searches of lands outside curtilage does not apply to state prosecutions where lands were posted, fenced or gated due to stronger language in state constitution and case law. |
State v. Carlson | 1991 | 311 Or. 201, 808 P.2d 1002 | evidence, adoptive admission by silence |
PGE v. Bureau of Labor and Industries | 1993 | 317 Or. 606, 859 P.2d 1143 | state family leave law, statutory interpretation |
Conway v. Pacific University | 1996 | 324 Or. 231, 924 P.2d 818 | negligent misrepresentations |
Stovall v. State By and Through Oregon Dept. of Transp. | 1996 | 324 Or. 92, 922 P.2d 646 | taxation of PERS retirement benefits |
Oregon v. Guzek | 2004 | 336 Or. 424, 86 P.3d 1106 | death penalty
|
Macpherson v. Department of Administrative Services | 2004 | 340 Or. 117, 130 P.3d 308 | land use, measure 37
|
Philip Morris USA Inc. v. Williams | 2006 | 340 Or. 35, 127 P.3d 1165 | punitive damages, smoking |
See also
References
- ^ a b c d e f g h i j k l m n o p q r s t An Introduction to the Courts of Oregon. Archived 2007-03-11 at the Wayback Machine Oregon Judicial Department. Retrieved on June 11, 2008.
- ^ a b c d e f g h i j k l "Oregon Supreme Court". Oregon Blue Book. Oregon Secretary of State. Archived from the original on 2020-12-09. Retrieved 2006-12-09.
- ^ a b c Suo, Steve. Oregon Supreme Court is robed in tradition-bound world of its own. The Oregonian, December 3, 1995.
- ^ a b c Appendix C: The Oregon Supreme Court. Archived 2007-05-07 at the Wayback Machine The Oregon Map. Retrieved on October 16, 2007.
- ^ a b c d e f g h i "Oregon Supreme Court Justices". Oregon Blue Book. Oregon Secretary of State. Archived from the original on 2018-07-06. Retrieved 2006-12-09.
- ^ a b Appellate Court Opinions. Archived 2004-04-11 at the Wayback Machine Oregon Judicial Department. Retrieved on October 16, 2007.
- ^ Oregon Revised Statutes 2.150
- ^ a b c d e f g h i j k Harrison Rittenhouse Kincaid, ed. (1899). Political and Official History and Register of Oregon. Office of the Secretary of State. pp. 187–188. Archived from the original on 2021-02-01. Retrieved 2020-12-15.
- ^ a b Thompson v. Backenstos, 1 Or. 17, 1853 WL 469, 1853 Ore. LEXIS 1 (1853).
- ^ Glossary: discretionary review. Texas Politics. Retrieved on October 16, 2007.
- ^ a b c d e f g h i Rowe, Thomas D., Suzanna Sherry, and Jay Tidmarsh. Civil Procedure. Foundation Press, NY: 2004.
- ^ Lombardo v. Warner. Archived 2007-08-08 at the Wayback Machine 340 Or. 264, 132 P.3d 22, (2006).
- ^ Congress Versus the Courts. Archived 2007-06-28 at the Wayback Machine United States House of Representatives. Retrieved on October 16, 2007.
- ^ a b Oregon State Constitution. Archived 2007-02-08 at the Wayback Machine Justia.com. Retrieved on October 16, 2007.
- OCLC 906535706.
- ^ Jobanek, George A. "Narrative of a Journey". New and Recent OSU Press Books. OSU Press. Archived from the original on 2006-09-18. Retrieved 2008-06-11.
- ^ OCLC 488068.
- ^ a b c Clarke, S.A. (1905). Pioneer Days of Oregon History. J.K. Gill Company.
- ^ a b Gray, William H. A History of Oregon, 1792–1849, Drawn from Personal Observation and Authentic Information. Harris & Holman: Portland, OR. 1870.
- ^ Berg-Andersson, Richard E. Explanation of certain items in the "Justices of the Supreme Court" Table. Archived 2007-03-05 at the Wayback Machine The Green Papers. Retrieved on October 16, 2007.
- ^ a b c d Horner, John B. (1929). Oregon: Her History, Her Great Men, Her Literature. The J.K. Gill Company:Portland, Oregon. 258.
- ^ Terry, John. "The many names and owners of the Lewis and Clark Bridge", The Oregonian, October 5, 1997.
- ^ Abrams, Kerry. Folk Hero, Hell Raiser, Mad Woman, Lady Lawyer: What is the Truth about Mary Leonard? Archived 2008-05-30 at the Wayback Machine Women's Legal History Biography Project. Stanford Law School. Retrieved on May 7, 2008.
- ^ Fox, John. Biographies of the Robes: Louis Dembitz Brandeis. Archived 2017-05-22 at the Wayback Machine PBS. Retrieved on October 16, 2007.
- ^ United States v. Oregon Archived 2006-05-11 at the Wayback Machine, 366 US 643 (1961). Justia.com. Retrieved on October 16, 2007.
- ^ a b Wong, Peter. Chief justice is retiring. Statesman Journal, December 30, 2006.
- ^ 2006 Margaret Brent Awards: Betty Roberts. Archived 2007-06-30 at the Wayback Machine American Bar Association. Retrieved on October 16, 2007.
- ^ Dolan v. City of Tigard Archived 2007-11-14 at the Wayback Machine, 317 Or. 110, 854 P.2d 437 (1993). Justia.com. Retrieved on October 16, 2007.
- ^ City of Portland and Measure 37. Archived 2007-09-29 at the Wayback Machine City of Portland. Retrieved on October 16, 2007.
- ^ Mersinger, Monica. Brief History. Archived 2007-09-28 at the Wayback Machine Salem Online History. Retrieved on October 16, 2007.
- ^ a b First State House. Oregon State Capitol, R HMC-1111 (Salem Public Library)
- ^ a b The Oregonian, January 15, 1893.
- ^ Oregon Historic Photographs Collections: Oregon Supreme Court. Archived 2021-02-01 at the Wayback Machine Salem Public Library. Retrieved on October 16, 2007.
- ^ 2nd Capitol Fire. Oregon Journal, April 26, 1935.
- ^ Oregon Supreme Court Meets in Eugene. Archived 2005-04-15 at the Wayback Machine University of Oregon. Retrieved on October 16, 2007.
External links
- Supreme Court Slip Opinions
- Oregon Rules of Civil Procedure
- Oregon Rules of Appellate Procedure
- Revised Oregon Code of Judicial Conduct