At may not seem like it, but all judges in Oregon are elected. The reality is that most judges rise to the bench through appointment from the Governor. Article V. Section 16 of the Oregon Constitution allows the Governor to appoint judges to vacant offices. "When at any time a vacancy occurs in any other state office, or in the office of judge of any court, the governor shall fill such vacancy by appointment, which shall expire when a successor has been elected and qualified."

Once appointed, judges have an easy task winning election to their office during the next election. They are listed as "incumbent" on the ballot -- unlike other political incumbents -- and any lawyer who may think about running for the seat may think twice, as they may have to appear before the judge. Further, the Oregon State Bar Code of Judicial Conduct has a chilling effect on what might be considered normal campaigning in another political race.

One judicial race in Marion County has heated up. Newly appointed Judge Erious Johnson is facing a challenge from Salem Attorney Amy Queen.

According to one source within the legal community, "There have been many concerns regarding how he treats litigants -- in particular victims, women, or people without lawyers as well as legal decisions since he was appointed by Governor Brown in February. We have heard this has resulted in many lawyers and even some people without lawyers filing affidavits to remove him from their cases."

Queen attended Willamette University College of Law and was hired at the Marion County District Attorney’s office as a law clerk and successfully passed the July 2004 bar exam. That same year she was hired as a Deputy District Attorney in the Marion County District Attorney’s office where she has prosecuted every type of crime, including aggravated murder, and was ultimately promoted to be a part of the management team.

Johnson's twitter feed contains many posts supportive of racial activism -- posts that many regard as inappropriate for a sitting Circuit Court Judge..

The Oregon Code of Judicial Conduct makes it difficult for judicial candidates to effectively campaign. This policy heavily favors incumbents. For instance -- in a statement that would easily chill most campaigns -- the code says that a candidate for judicial office may not:

knowingly or with reckless disregard for the truth, make any false statement concerning a judicial candidate's identity, qualifications, present position, education, experience, or other material fact that relates to the judicial campaign of the judge or any judicial candidate

Nor may they

in connection with cases, controversies, or issues that are likely to come before the court on which the judge or judicial candidate sits or may sit, make pledges, promises, or commitments that are inconsistent with the impartial performance of the adjudicative duties of judicial office

--Staff Reports

Post Date: 2022-10-20 06:28:40

Last Update: 2022-10-20 02:41:12