Misplaced Pages

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130-632: Lawyers are required to join the OSB in order to practice law in Oregon, unless an exception applies. OSB is charged with administering lawyer admissions and discipline, pursuant to rules promulgated by the Oregon Supreme Court. It also administers the Legal Services Program which funds legal aid in Oregon and provides accountability by maintaining standards and guidelines for legal aid providers. OSB

260-550: 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. 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. The next important case came in 1935 when

390-455: 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. 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. The next important case came in 1935 when

520-452: A drunk, with revenge as his motive. The Sunday Oregonian provided details such as the nature of the disbarment proceedings for Finch. Finch was subsequently convicted of murder and sentenced to death. Governor Frank W. Benson refused to commute the sentence, even though the petition was taken to him personally by Finch's wife, to whom he had been married less than a year. Finch was executed by hanging at Salem on November 12, 1909, in

650-459: 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. The first reported opinion in the Oregon Reports was Thompson v. Backenstos , involving a case about trespassing . In the case, Justice George Henry Williams wrote the opinion, Justice Thomas Nelson had served as the judge at

780-402: 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. The first reported opinion in the Oregon Reports was Thompson v. Backenstos , involving a case about trespassing . In the case, Justice George Henry Williams wrote the opinion, Justice Thomas Nelson had served as the judge at

910-484: A formal conference in which only the justices are involved to determine rulings. Once a case is accepted, the court hears the case en banc . That is the court is not divided into panels, and instead all justices participate in all the cases, unless a justice recuses themselves due to a conflict of interest or other concern. The court also reviews death penalty cases, state tax court appeals, and items regarding legal discipline on direct review. Direct review means that

1040-484: A formal conference in which only the justices are involved to determine rulings. Once a case is accepted, the court hears the case en banc . That is the court is not divided into panels, and instead all justices participate in all the cases, unless a justice recuses themselves due to a conflict of interest or other concern. The court also reviews death penalty cases, state tax court appeals, and items regarding legal discipline on direct review. Direct review means that

1170-427: A free 30-minute consultation to teens aged 13–17. The Military Assistance Panel offers two hours of pro bono work to active duty military members. The Lawyer-to-Lawyer Program connects lawyers with more experienced attorneys who are willing to give guidance over the phone at no cost. The Oregon Bar Association (OBA) was a voluntary association from 1890 to 1935. During its existence, OBA was also commonly referred to as

1300-430: A newspaper of the time, there were hundreds of lawyers in Oregon unable cope with the difficult legal conditions of the time, who had passed the bar examination "when that barricade was more or less a joke." "It was customary to pass every applicant for a certificate to practice law in this state, and no matter how little the applicant knew of law, he had a reasonable assurance that he would get that certificate." Under

1430-461: A scene reported luridly in the newspapers. At the bar association's annual convention in 1903, lawyer A.F. Flegel proposed the adoption of measures proposed by the committee on legal education and admission to the bar to raise the standard of general and legal education in the legal profession in the state. Lawyer R.R. Duniway objected to any change which would make it more difficult for applicants to practice, saying that he could not have practiced if

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1560-402: A six-year term after winning a nonpartisan election. 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 the state of Oregon. The newest justice receives the smallest office (nicknamed "the broom closet") and is responsible for opening the door when a conference is interrupted. When

1690-402: A six-year term after winning a nonpartisan election. 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 the state of Oregon. The newest justice receives the smallest office (nicknamed "the broom closet") and is responsible for opening the door when a conference is interrupted. When

1820-406: A specialty ; reliable advice, prompt, attention and moderate fee; no fee until after divorce. Apply Attorney, room 3 at 280½ Washington street, comer Fourth, City." The Grievance Committee found that the advertisement was neither illegal nor grounds for disbarment, but criticized it as being unprofessional. During a discussion of the advertisement, grievance committee member L.B. Cox objected to

1950-549: A state court judge retires, resigns, or dies before completing a term, the Governor may appoint another qualified person to the position. To retain 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. If the Supreme Court needs an additional judge on

2080-442: A state court judge retires, resigns, or dies before completing a term, the Governor may appoint another qualified person to the position. To retain 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. If the Supreme Court needs an additional judge on

2210-453: A telegram to Oregon's U.S. Senator Charles L. McNary which requested that the senator go before the Supreme Court and move for a stay of the order reversing the conviction of Albers. The bar protested the action of the Department of Justice in confessing error in the case, which had resulted in the case being remanded to the U.S. district court in Oregon. The telegram further asked that

2340-492: A temporary basis due to illness, an unfilled position, or a justice is disqualified from sitting on a case due to a conflict of interest, the court can appoint a senior judge to serve as a judge pro tempore. Senior judges are all former, qualified judges (a minimum of 12 years on the bench) that have retired from a state court. Only former Supreme Court justices, elected Oregon circuit court judges, or elected Oregon Court of Appeals judges can be assigned to temporary service on

2470-492: A temporary basis due to illness, an unfilled position, or a justice is disqualified from sitting on a case due to a conflict of interest, the court can appoint a senior judge to serve as a judge pro tempore. Senior judges are all former, qualified judges (a minimum of 12 years on the bench) that have retired from a state court. Only former Supreme Court justices, elected Oregon circuit court judges, or elected Oregon Court of Appeals judges can be assigned to temporary service on

2600-526: A variety of common legal services. "For example, the schedule suggested that lawyers charge $ 250 for preparing an uncontested divorce. Simple wills and adoptions with no controversy are set at $ 30 and $ 100 respectively." (A minimum fee schedule was also reported to have been on the agenda for the Oregon State Bar Association's 1938 annual meeting.) OSB adopted its first statewide minimum fee schedule on September 29, 1938 after lengthy debate at

2730-502: Is governed by a 19 person Board of Governors — 15 of the board's members are lawyers, and four are public members. Oregon has an "integrated bar": all attorneys in Oregon are required to join the Oregon State Bar if they desire to practice law in Oregon. Membership fees and program fees from the 16,000 active members, together with revenue from bar programs, fund the entire budget of the agency. OSB has approximately 100 employees and

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2860-621: Is overseen by a Board of Governors. This 19 person board group along with the 200-member House of Delegates and the Oregon Supreme Court provide governance for the agency's activities. OSB also administers a board on attorney discipline and the Board of Bar Examiners. Additionally, the bar makes recommendations for filing mid-term judicial vacancies in the courts of the Oregon Judicial Department . These recommendations are given to

2990-499: The Governor of Oregon until the next general election when any qualified candidate may run for the position, including the appointee. These seven justices then select one member to serve a six-year term as Chief Justice . The court's Chief Justice is not only responsible for assigning cases to the other justices to write the court's opinions, but is also the chief executive of the Oregon Judicial Department . Primarily an appeals court,

3120-449: The Governor of Oregon until the next general election when any qualified candidate may run for the position, including the appointee. These seven justices then select one member to serve a six-year term as Chief Justice . The court's Chief Justice is not only responsible for assigning cases to the other justices to write the court's opinions, but is also the chief executive of the Oregon Judicial Department . Primarily an appeals court,

3250-873: The Governor of Oregon who makes the final appointment decision. Most lawyers in private practice are also required to participate in the Oregon Professional Liability Fund, a self-funded insurance program. As of 2006, the program premium was $ 3,000 per year for $ 300,000 in coverage. Oregon was the first state to adopt the mandatory insurance scheme for attorneys. OSB administers several programs to facilitate finding legal representation. The bar's Lawyer Referral Service has around 600 attorneys statewide that practice every area of law. The service receives around 75,000 calls per year and makes approximately 50,000 referrals. The Modest Means Program offers reduced fee representation in family law, criminal law, and landlord/tenant cases. The Problem Solvers Program offers

3380-477: The Umatilla County Bar Association was formed, and at the first organizational meeting, it established a detailed schedule of minimum fees. Each member of the new bar association pledged not to charge less than the minimum schedule of fees, and not to associate with any attorney who did so. The Jackson County bar association was newly formed in the summer of 1919, with "the immediate business of

3510-580: The United States Congress , William P. Bryant was appointed as the first judge of the Oregon Supreme Court. Justices in the territorial period were appointed by the President of the United States . 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

3640-409: The United States Congress , William P. Bryant was appointed as the first judge of the Oregon Supreme Court. Justices in the territorial period were appointed by the President of the United States . 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

3770-521: 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

3900-409: The courtroom was in a chamber measuring 20 feet by 27 feet on the first floor. On December 29, 1855, after the building was partially occupied, it burned to the ground. In 1876, the state finished construction on a second capitol building where the court was located on the third floor. This courtroom measured 54 feet by 46 feet, while the state law library was 75 feet by 70 feet. A separate building

4030-409: The courtroom was in a chamber measuring 20 feet by 27 feet on the first floor. On December 29, 1855, after the building was partially occupied, it burned to the ground. In 1876, the state finished construction on a second capitol building where the court was located on the third floor. This courtroom measured 54 feet by 46 feet, while the state law library was 75 feet by 70 feet. A separate building

Oregon State Bar - Misplaced Pages Continue

4160-524: The "Oregon State Bar Association" even though that was not its formal name. The "Oregon State Bar" (OSB) is a public corporation established in 1935 by the Oregon Legislature to replace OBA. In popular usage, the term "Oregon Bar Association" has been often used to describe OSB. The Oregon Bar Association was organized on November 8, 1890. One vice-president was selected from each of the seven judicial districts of Oregon. The original bar association

4290-486: The 1915 proposal, candidates for admission to the bar would be required to have at least a high school education or its equivalent, and would have to show that they had studied law for three years. It was not until 1941 that graduation from an approved law school became a requirement for admission. Henry Albers was a well-known German-American businessman and a principal in the Albers Brothers milling business , which

4420-569: The Board of Bar Examiners. 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. Oversight of state judges is also in the hands of the Supreme Court. 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. The Supreme Court can then suspend judges, censure them, remove them from office, or take no action. One justice of

4550-569: The Board of Bar Examiners. 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. Oversight of state judges is also in the hands of the Supreme Court. 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. The Supreme Court can then suspend judges, censure them, remove them from office, or take no action. One justice of

4680-500: The Oregon Bar Association for three year terms, to determine the qualifications of applicants to the bar, and make recommendations to the supreme court as to whether they should be admitted. Before then, candidates for admission had been examined by the court itself, or by its designees. In November 1915 the board of examiners of the bar association proposed new educational requirements for admission to practice. According to

4810-493: The Oregon Bar Association was working towards the disbarment of eight attorneys, on grounds of false undertakings in attachment and libel proceedings, gross drunkenness and misbehavior in court, uttering false certificates for admission of Chinese immigrants, false statements to a notary, falsifying documents purporting to show payment a debt to an estate, false defamation and extortion , embezzlement, larceny, and misappropriation of funds held in trust held for clients. One of

4940-590: The Oregon Supreme Court and the then-recently organized Oregon State Bar Association. ABA Ethics Canon 27 stated that it was unprofessional conduct for a lawyer to solicit business by advertising. Many years later, broad bar association restrictions on lawyer advertising were stricken down in Bates v. State Bar of Arizona as violations of the First Amendment guarantee of freedom of speech . Even after Bates , bar associations were still free to regulate advertising that

5070-470: The Oregon Supreme Court for cases that involve disputes based on Oregon law, even when those federal courts are not based in Oregon, per the Erie Doctrine developed by the U.S. Supreme Court. For this reason federal courts, and courts from other states, can certify questions about Oregon law to the Oregon Supreme Court in order to clarify what the law in Oregon is in regards to the specific fact pattern that

5200-415: The Oregon Supreme Court for cases that involve disputes based on Oregon law, even when those federal courts are not based in Oregon, per the Erie Doctrine developed by the U.S. Supreme Court. For this reason federal courts, and courts from other states, can certify questions about Oregon law to the Oregon Supreme Court in order to clarify what the law in Oregon is in regards to the specific fact pattern that

5330-439: The Oregon Supreme Court if the decision involves issues of federal law and interpretation of federal law might change the outcome of the case. 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

Oregon State Bar - Misplaced Pages Continue

5460-439: The Oregon Supreme Court if the decision involves issues of federal law and interpretation of federal law might change the outcome of the case. 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

5590-614: The Oregon Supreme Court is also the court of last resort in Oregon. Although most oral arguments before the court are held in the Oregon Supreme Court Building, the court does travel around the state holding sessions in various schools. All cases are heard en banc by the court. It receives appeals from the Oregon Tax Court , the Oregon Court of Appeals, and some select cases such as death penalty appeals. Decisions of

5720-429: The Oregon Supreme Court is also the court of last resort in Oregon. Although most oral arguments before the court are held in the Oregon Supreme Court Building, the court does travel around the state holding sessions in various schools. All cases are heard en banc by the court. It receives appeals from the Oregon Tax Court , the Oregon Court of Appeals, and some select cases such as death penalty appeals. Decisions of

5850-508: The Oregon Supreme Court, decisions of the court can be effectively overturned by changing the law. Thus later outcomes of the court can be affected by legislation passed by the Oregon Legislative Assembly or through the initiative and referendum process. 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). Following

5980-439: The Oregon Supreme Court, decisions of the court can be effectively overturned by changing the law. Thus later outcomes of the court can be affected by legislation passed by the Oregon Legislative Assembly or through the initiative and referendum process. 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). Following

6110-466: The Oregon Supreme Court. Wire stories reported Fisher had refused to help Finch be reinstated into the bar. The evidence though was that Fisher,even though the bar's prosecutor in a clear case against Finch, had aided him by urging the Supreme Court to find him capable of reform and not impose full disbarment, but rather a suspension only, a recommendation which the court followed. The Oregon Daily Journal broadly portrayed Finch as mediocre lawyer and

6240-594: The Supreme Court hears cases directly upon appeal without the case first going to the Court of Appeals. 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. 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,

6370-546: The Supreme Court hears cases directly upon appeal without the case first going to the Court of Appeals. 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. 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,

6500-471: The Supreme Court now generally does not hear appeals directly from the trial level courts of the state, with some exceptions such as death penalty cases. Other changes came in 1981 when the Oregon Legislature and justice Arno Denecke reformed the chief justice position from a simple head of the court in title only, to the administrative head of the entire Oregon judicial system. The following year, 1982,

6630-411: The Supreme Court now generally does not hear appeals directly from the trial level courts of the state, with some exceptions such as death penalty cases. Other changes came in 1981 when the Oregon Legislature and justice Arno Denecke reformed the chief justice position from a simple head of the court in title only, to the administrative head of the entire Oregon judicial system. The following year, 1982,

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6760-447: The Supreme Court. The court can appoint retired judges, lawyers, and other judges to serve temporarily as judges at any level in Oregon. 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. The state supreme court is responsible for admitting new lawyers to practice in Oregon, disciplining attorneys , and appointing members to

6890-447: The Supreme Court. The court can appoint retired judges, lawyers, and other judges to serve temporarily as judges at any level in Oregon. 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. The state supreme court is responsible for admitting new lawyers to practice in Oregon, disciplining attorneys , and appointing members to

7020-452: The U.S. Supreme Court is the only court that can overturn decisions of the Oregon court, Oregon Supreme Court decisions as to federal law are only binding on other Oregon state level courts. Federal courts are not required to follow the decisions of the Oregon Supreme Court for decisions based on federal law, regardless as to if the federal court is located within the state. However, federal courts are bound to follow Oregon law and decisions of

7150-452: The U.S. Supreme Court is the only court that can overturn decisions of the Oregon court, Oregon Supreme Court decisions as to federal law are only binding on other Oregon state level courts. Federal courts are not required to follow the decisions of the Oregon Supreme Court for decisions based on federal law, regardless as to if the federal court is located within the state. However, federal courts are bound to follow Oregon law and decisions of

7280-593: The U.S. Supreme Court. Oregon Supreme Court 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 . The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon , near the capitol building on State Street. The building

7410-550: The addition of a fifth judicial district. Also that year the Court hired its first clerk after the legislature authorized that position. In 1878, the legislature passed an act to separate the circuit and supreme courts after the population reached 100,000. With the creation of a separate Circuit Court and Supreme Court, riding circuit was abandoned and the Supreme Court was reduced to three members, with members of each court elected separately. Governor Thayer then appointed James K. Kelly , Reuben P. Boise , and Paine Page Prim to

7540-550: The addition of a fifth judicial district. Also that year the Court hired its first clerk after the legislature authorized that position. In 1878, the legislature passed an act to separate the circuit and supreme courts after the population reached 100,000. With the creation of a separate Circuit Court and Supreme Court, riding circuit was abandoned and the Supreme Court was reduced to three members, with members of each court elected separately. Governor Thayer then appointed James K. Kelly , Reuben P. Boise , and Paine Page Prim to

7670-460: The annual bar convention. Originally the proposal was to set minimum fees that would double in counties with more than 100,000 population, of which at that time there was only one, Multnomah County . The convention then voted to apply the Multnomah County schedule to the entire state. Proposals to establish or raise minimum lawyer fees were made in Oregon by local bar associations. In 1907,

7800-574: The attorney's not listing his name and further promising no fee until the divorce was concluded, and argued that these factors were grounds for disbarment. A motion was then passed to refer the matter back to the Grievance Committee with instructions to bring it to the attention of the supreme court . In 1908 the American Bar Association (ABA) approved 32 "Canons of Professional Ethics." In 1935, those Canons were adopted, in part, by

7930-424: The attorneys, U.S. Grant Marquam, who was charged with misappropriation of client funds, was the son of millionaire and prominent politician Philip A. Marquam . Four of the eight lawyers had been convicted of crimes forming the basis for the disbarment proceedings, and one of those four was already in the state penitentiary. In 1892, a lawyer ran an advertisement in several daily newspapers which stated: "" Divorces

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8060-552: The bar association be given the privilege of appearing in the case at a hearing on the merits. McNary, acting as lawyer for the bar association, presented a formal petition to the Supreme Court. The court, in a one-sentence opinion, denied the bar association's effort to intervene in the case. Albers died of a stroke on July 27, 1921 at his home in Milwaukie, Oregon , before any remanded proceedings could occur in U.S. district court. The Oregon Law Review began publication in 1921, with

8190-534: The bench as an associate justice and the last two years as the Chief Justice. 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. 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

8320-431: The bench as an associate justice and the last two years as the Chief Justice. 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. 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

8450-550: The case was called for oral argument, Solicitor General of the United States William L. Frierson conceded there had been an error in the Albers case, and moved to vacate the conviction . The error appears to have been the admission of evidence of alleged pro-German statements by Albers before war had been declared . The Oregon Bar Association then attempted to intervene in the case as a non-party . The bar association sent

8580-401: The chief judge of the Oregon Court of Appeals , assigns presiding judges for the trial level state courts, makes court rules, and is in charge of the department's budget. As administrator the chief justice is also the recipient of many reports from the court system including non-legal employees of the department. The first chief justice of the Oregon Supreme Court was William P. Bryant , while

8710-401: The chief judge of the Oregon Court of Appeals , assigns presiding judges for the trial level state courts, makes court rules, and is in charge of the department's budget. As administrator the chief justice is also the recipient of many reports from the court system including non-legal employees of the department. The first chief justice of the Oregon Supreme Court was William P. Bryant , while

8840-469: 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. Later federal judge Charles B. Bellinger then took over editing the reports, and served as clerk until 1880. 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. This arrangement only lasted

8970-469: 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. Later federal judge Charles B. Bellinger then took over editing the reports, and served as clerk until 1880. 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. This arrangement only lasted

9100-470: The constitutionality of various ballot measures to contract law to torts and even to the location of the capital when Oregon was still a territory. Although small in comparison to the total number of cases the court has decided, some cases have been appealed to the United States Supreme Court . Below are some of the cases that have had scholarly discussion, some of which were later decided by

9230-401: The constitutionality of various ballot measures to contract law to torts and even to the location of the capital when Oregon was still a territory. Although small in comparison to the total number of cases the court has decided, some cases have been appealed to the United States Supreme Court . Below are some of the cases that have had scholarly discussion, some of which were later decided by

9360-703: The court are published in the Oregon Reporter published by the Oregon Judicial Department. The Territorial Supreme Court was created in 1848 when the Oregon Territory was formed out of the old Oregon Country region, followed by the creation of the State Supreme Court in 1859 when Oregon was admitted to the Union on February 14. The court is composed of seven elected justices , each of whom serves

9490-409: The court are published in the Oregon Reporter published by the Oregon Judicial Department. The Territorial Supreme Court was created in 1848 when the Oregon Territory was formed out of the old Oregon Country region, followed by the creation of the State Supreme Court in 1859 when Oregon was admitted to the Union on February 14. The court is composed of seven elected justices , each of whom serves

9620-497: 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. 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

9750-435: 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. 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

9880-414: The court has discretionary review over many of the cases appealed to the high court. Discretionary review allows the court to choose which cases it will hear on appeal. With those cases that are denied an appeal to the Supreme Court, the decision of the lower court becomes final and binding. As of 1995, the court only accepted one in eight appeals that were discretionary. The justices meet once per week in

10010-414: The court has discretionary review over many of the cases appealed to the high court. Discretionary review allows the court to choose which cases it will hear on appeal. With those cases that are denied an appeal to the Supreme Court, the decision of the lower court becomes final and binding. As of 1995, the court only accepted one in eight appeals that were discretionary. The justices meet once per week in

10140-410: The court is elected by the court to serve a six-year term as chief justice. The chief justice is then responsible for all administration of the Supreme Court. Under a law enacted in 1981, the chief justice is not only the titular head of the Supreme Court but also the chief executive officer of the Oregon Judicial Department. In that role, the chief justice supervises all of the Oregon courts, appoints

10270-410: The court is elected by the court to serve a six-year term as chief justice. The chief justice is then responsible for all administration of the Supreme Court. Under a law enacted in 1981, the chief justice is not only the titular head of the Supreme Court but also the chief executive officer of the Oregon Judicial Department. In that role, the chief justice supervises all of the Oregon courts, appoints

10400-419: The court received its first female member when Governor Vic Atiyeh appointed Betty Roberts as an associate justice. Then from 1991 to 2005 Wallace P. Carson, Jr. served as chief justice of the court for a record 14 years. The next landmark decision of the U.S. Supreme Court involving the Oregon Supreme Court was Dolan v. City of Tigard , 512 U.S. 374 (1994). In that land use case the Oregon court found

10530-419: The court received its first female member when Governor Vic Atiyeh appointed Betty Roberts as an associate justice. Then from 1991 to 2005 Wallace P. Carson, Jr. served as chief justice of the court for a record 14 years. The next landmark decision of the U.S. Supreme Court involving the Oregon Supreme Court was Dolan v. City of Tigard , 512 U.S. 374 (1994). In that land use case the Oregon court found

10660-517: 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). On the administrative end of the court, the Oregon Court of Appeals was created in 1969 as an intermediate appellate court in Oregon. With this change,

10790-463: 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). On the administrative end of the court, the Oregon Court of Appeals was created in 1969 as an intermediate appellate court in Oregon. With this change,

10920-411: The court. 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. 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

11050-411: The court. 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. 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

11180-480: The federal court has before it in their case (see ORS 28.200 to 28.255 and ORAP 12.20). 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

11310-410: The federal court has before it in their case (see ORS 28.200 to 28.255 and ORAP 12.20). 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

11440-514: The first editor being Prof. Thomas A. Larrimore. By 1933 it was a quarterly publication and the official organ of the Oregon Bar association, with a mailing list of 1350 names. After the bar association was formally incorporated as a public agency in 1935, the Oregon Law Review was sent out to all members of the bar who paid the statutory fee. As of July, 1925, the state board of bar examiners

11570-495: The fiscal impact statement, and the explanatory statement as listed in the Voter's Pamphlet. Oregon's state courts are courts of general jurisdiction, unlike federal courts. That is, the state courts can hear all cases regardless of whether the dispute is based on state law, federal law, or a combination of both, with a few exceptions. Thus the Oregon Supreme Court can hear appeals for cases based on both federal and state law. Although

11700-447: The fiscal impact statement, and the explanatory statement as listed in the Voter's Pamphlet. Oregon's state courts are courts of general jurisdiction, unlike federal courts. That is, the state courts can hear all cases regardless of whether the dispute is based on state law, federal law, or a combination of both, with a few exceptions. Thus the Oregon Supreme Court can hear appeals for cases based on both federal and state law. Although

11830-539: The government forcing the government to either pay compensation when land use regulations reduced the value of a property owners land or waive the regulation. In the early years of the Supreme Court, business was conducted at a variety of locations in downtown Salem. The first public building to house the court was the Territorial Capitol Building in Salem that was built between 1854 and 1855. In that building

11960-421: The government forcing the government to either pay compensation when land use regulations reduced the value of a property owners land or waive the regulation. In the early years of the Supreme Court, business was conducted at a variety of locations in downtown Salem. The first public building to house the court was the Territorial Capitol Building in Salem that was built between 1854 and 1855. In that building

12090-501: 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. In the 1830s additional settlement occurred, agricultural production increased, and missionaries started religious missions in

12220-454: 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. In the 1830s additional settlement occurred, agricultural production increased, and missionaries started religious missions in

12350-420: The longest serving chief was Wallace P. Carson, Jr. who held the position for 15 years. 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 . These bound editions are published under the authority of the Oregon Supreme Court as authorized by state law. Joseph G. Wilson started in 1853 as

12480-420: The longest serving chief was Wallace P. Carson, Jr. who held the position for 15 years. 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 . These bound editions are published under the authority of the Oregon Supreme Court as authorized by state law. Joseph G. Wilson started in 1853 as

12610-499: The new list remained below fees prescribed in the approved at the state bar convention [in Salem] last fall." Oregon Supreme Court 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 . The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon , near

12740-535: The new organization would be to standardize and lift lawyers' fees so as to make them conform with the cost of living." After adoption of the state-wide fee schedules in 1938, county bar associations were still free to adopt their own minimum fee schedules provided they were approved by the Board of Governors of the state bar. Marion County did so in December 1938. It "increased certain of the minimum fees from its depression-established schedule but in nearly all instances

12870-456: The next six years. Until 1846 with the settlement of the Oregon boundary dispute , the region was not under the jurisdiction of any foreign power. With the resolution of the boundary issue, Britain retained the territory north of the 49th degree of latitude, with the United States taking the land south to the border of Mexican control California . In 1848, when the Oregon Territory was created by

13000-408: The next six years. Until 1846 with the settlement of the Oregon boundary dispute , the region was not under the jurisdiction of any foreign power. With the resolution of the boundary issue, Britain retained the territory north of the 49th degree of latitude, with the United States taking the land south to the border of Mexican control California . In 1848, when the Oregon Territory was created by

13130-430: The population of the state reached 100,000 people. 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. On appeals, the justice who presided over the lower court case would not participate in the proceedings. Then in 1862 the court was expanded to five justices with

13260-430: The population of the state reached 100,000 people. 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. On appeals, the justice who presided over the lower court case would not participate in the proceedings. Then in 1862 the court was expanded to five justices with

13390-465: The prosecutor for the grievance committee of the Oregon State Bar Association was shot and killed in his Portland office in the Mohawk Building by former attorney James Anderson Finch. Finch had been disbarred for having appeared in court in an intoxicated condition and forging the name and notarial seal of his law partner to an affidavit. Fisher had presented the disbarment case against Finch to

13520-520: The region. In 1835, the first trial in the region was held with John Kirk Townsend presiding as magistrate over a murder charge. 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. 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

13650-466: The region. In 1835, the first trial in the region was held with John Kirk Townsend presiding as magistrate over a murder charge. 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. 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

13780-587: The requirements placed on the business owner as conditions to approve an expansion were not a taking under the United States Constitution's takings clause. However, the U.S. Supreme Court disagreed and overturned the Oregon court. Then the Oregon court ruled in February 2006 that Oregon's land use law, Measure 37 , was constitutional. Macpherson v. Department of Administrative Services , 340 Or. 117, 130 P.3d 308 (2006) allowed people to make claims against

13910-467: The requirements placed on the business owner as conditions to approve an expansion were not a taking under the United States Constitution's takings clause. However, the U.S. Supreme Court disagreed and overturned the Oregon court. Then the Oregon court ruled in February 2006 that Oregon's land use law, Measure 37 , was constitutional. Macpherson v. Department of Administrative Services , 340 Or. 117, 130 P.3d 308 (2006) allowed people to make claims against

14040-414: The requirements proposed by the committee had been in effect when he was admitted to the bar. Duniway's remarks that "there is no use in trying to shut out some man who don't know very much, but who would make a rattling good lawyer" were reported to have excited "much amusement", but even so the motion was adopted. In 1913, the Oregon Supreme Court created a five-member Board of Bar Examiners, appointed by

14170-447: The second time could not take the examination again unless special permission were granted. On May 5, 1933, the bar association voted in favor of a five-year academic course for admission to the legal profession. Bar associations used to promulgate and enforce fee schedules as one of their more common activities. The Oregon State Bar Association promulgated a minimum fee schedule before World War II. The schedule set fee guidelines for

14300-611: 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

14430-504: 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

14560-479: The supreme court functions of ultimate appeal, a common practice in early American courts. Beginning with statehood in 1859, the court had just four justices, one for each judicial district in the state. 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. This was set to remain until

14690-405: The supreme court functions of ultimate appeal, a common practice in early American courts. Beginning with statehood in 1859, the court had just four justices, one for each judicial district in the state. 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. This was set to remain until

14820-527: 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. The powers of the OSC derive from the Oregon Constitution's Article VII. 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. In this aspect

14950-481: 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. The powers of the OSC derive from the Oregon Constitution's Article VII. 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. In this aspect

15080-416: The unorganized lands of what are now the states of Idaho , Washington , and Oregon. 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. Although the overall government plans fell through, the group of pioneers and mountain men did elect a Supreme Judge to exercise probate powers. The first judge

15210-416: The unorganized lands of what are now the states of Idaho , Washington , and Oregon. 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. Although the overall government plans fell through, the group of pioneers and mountain men did elect a Supreme Judge to exercise probate powers. The first judge

15340-424: The visits as educational tools. The court has had a total of 106 individuals serve on the court since its creation during the territorial period. This has ranged from a membership of three justices to seven justices. Since 1913, the number of positions on the bench has been seven. 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

15470-424: The visits as educational tools. The court has had a total of 106 individuals serve on the court since its creation during the territorial period. This has ranged from a membership of three justices to seven justices. Since 1913, the number of positions on the bench has been seven. 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

15600-483: Was "false, deceptive, or misleading." Under OSB rules in effect in 2022, the text 1892 advertisement would likely subject the lawyer to discipline, as it is required that the advertisement include the lawyer's name. Current bar rules further forbid a lawyer from charging "any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a divorce." On the afternoon of Saturday, November 28, 1908, attorney Ralph B. Fisher, who had been

15730-581: Was Dr. Ira L. Babcock , serving from February 18, 1841, to May 1, 1843. In 1843, a later set of meetings at Champoeg created the Provisional Government of Oregon with a judiciary consisting of a Supreme Judge and two justices of the peace for trial level courts. Albert E. Wilson was the first judge chosen as the Supreme Judge under this new government, but never served. Other judges were appointed or elected during this pre-territory period over

15860-461: Was Dr. Ira L. Babcock , serving from February 18, 1841, to May 1, 1843. In 1843, a later set of meetings at Champoeg created the Provisional Government of Oregon with a judiciary consisting of a Supreme Judge and two justices of the peace for trial level courts. Albert E. Wilson was the first judge chosen as the Supreme Judge under this new government, but never served. Other judges were appointed or elected during this pre-territory period over

15990-625: Was also accused of saying "the United States could never lick the Kaiser in a thousand years" and, further, that he had abused Secretary of the Treasury McAdoo . Albers, who had been born in Germany in 1866, and who had become a naturalized citizen in 1900, was under the influence of liquor at the time. After a jury trial in early February 1919 in Portland, Albers was found guilty. On March 17, 1919, Albers

16120-672: 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. In addition to holding court in the Supreme Court Building's third floor courtroom, the court also travels around the state to hold sessions. This includes sessions at colleges, high schools, and the state's three law schools. These three law schools, Willamette University College of Law , University of Oregon Law School , and Lewis & Clark Law School , use

16250-552: 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. In addition to holding court in the Supreme Court Building's third floor courtroom, the court also travels around the state to hold sessions. This includes sessions at colleges, high schools, and the state's three law schools. These three law schools, Willamette University College of Law , University of Oregon Law School , and Lewis & Clark Law School , use

16380-411: Was conducting the bar examination . In 1931 the bar examination was given on July 15. Of the one hundred and three (103) persons who took the examination, forty five (45) passed. Another source reported that the bar passage rate for the 1931 examination was "about 60 per cent." There were a number of applicants taking the examination for the second time. At that time, an applicant who did not pass on

16510-414: 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

16640-400: Was not created by a statute and was not incorporated. Membership was voluntary, although as of July 1, 1927, any lawyer who became a member of a local bar association was automatically deemed to be a member of the Oregon Bar association. The first president of the Oregon Bar Association was Cyrus A. Dolph, a prominent lawyer who had begun practice in Portland in 1866. As of October 19, 1895,

16770-465: Was sentenced to three years of penal servitude at the U.S. penitentiary on McNeil Island and to pay a $ 10,000 fine. Albers filed an appeal. and was at liberty while it was pending. In February, the Ninth Circuit Court of Appeals denied Albers' appeal. In June, 1920, the Albers case was accepted by the United States Supreme Court on a petition for a writ of certiorari . In April 1921, when

16900-479: Was then a well-established Oregon firm. On October 21, 1918, Albers was arrested in Portland, Oregon and charged with violation of the Espionage Act of 1917 . Affidavits of a deputy U.S. marshall, and others, alleged that on October 8, 1918, while on passenger train running from Grants Pass to Roseburg, Oregon , Albers had said "he was a German and proud of it, and that his brothers were also pro-German." Albers

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