The past two years has brought a makeover of new faces to the Oregon Supreme Court. As of the 2020 election, all seven justices on the Oregon Supreme Court have been appointed by Democratic governors. The Oregon Constitution establishes nonpartisan election as the mode of selection for state court justices. In the event of vacancies, justices are appointed by the governor until the next general election.

Nonpartisan candidates in a contested primary win outright if they receive over 50 percent of the vote in the primary. Justices of the Supreme Court serve six-year terms upon election, with two positions expiring each general election. Resignations have added three positions to the ballot joining the two expiring seats.

The two expiring positions are Rebecca A. Duncan and Meagan A. Flynn. Summaries of these justices are only a representation of their experiences and contributions.

Judge Duncan was appointed by Governor Kate Brown in 2017. Prior to joining the Supreme Court, Justice Duncan served on the Oregon Court of Appeals from 2010 to 2017, including as Presiding Judge of Department Three from 2014-2017. She frequently presents at continuing legal education programs on topics including appeals, constitutional law, criminal law, evidence, and family law. Justice Duncan lives in Salem with her family, and she volunteers with Backpack Buddies, a hunger relief program for elementary school children, and Oregon Battle of the Books, a literacy program.

Judge Flynn serves as Chief Justice, elected by her colleagues. She was initially appointed to the Supreme Court by Governor Kate Brown in April 2017, Before her appointment, she served on the Oregon Court of Appeals since November 2014. Her current extracurricular activities include serving as a member of the board of the Classroom Law Project and as a coach for the We the People team at Franklin High School in Portland and as a regular speaker on issues of professionalism for the Oregon Bench & Bar Commission on Professionalism.

Governor Tina Kotek appointed Stephen K. Bushong and Bronson D. James in January 2023, and Aruna A. Masih in September 2023. These positions will be voted on at the first general election - November 2024.

Justice Bushong was a Circuit Court Judge in Multnomah County from 2008 through 2022, including six years as Chief Civil Judge and four years as Presiding Judge. Justice Bushong serves on the Oregon Law Commission and has served on the Uniform Trial Court Rules Committee, the Oregon State Bar’s Uniform Civil Jury Instruction committee, and the executive committees of the OSB’s Litigation and Government Law sections. He authored chapters in the OSB publications on Civil Pleading and Practice (2012) and Oregon Constitutional Law (2022), and regularly submits articles on “Recent Significant Oregon Cases” featured in the OSB’s Litigation Journal.

Justice James operated his own law firm for six years, focusing on federal and state criminal defense, federal immigration representation, and civil rights litigation. He began his judicial career on the trial bench, at the Multnomah County Circuit Court. In 2017 he was appointed to the Oregon Court of Appeals. He currently chairs the Oregon Supreme Court Council on Inclusion and Fairness, sits on Oregon’s Justice Reinvestment Initiative Grant Review Committee, and is an adjunct professor at both Willamette University College of Law and Lewis and Clark Law School, where he teaches evidence. He volunteers with Classroom Law Project as a high school mock trial coach. Justice James is a frequent presenter on issues of digital privacy, search and seizure, and constitutional law.

A D V E R T I S E M E N T

A D V E R T I S E M E N T

Justice Masih is the only Supreme Court appointee without prior justice experience. She worked for over 25 years in a variety of areas of civil law, including civil rights, employment, labor, professional licensure, contract, pension, elections, and constitutional law. She was a partner in the law firm of Bennett Hartman, LLP and served as an associate in the law firm of McKanna Bishop Joffe, LLP. Her work included appearances in state and federal courts, and before the legislature and administrative agencies. Masih serves on the Board of Directors of the Oregon Women Lawyers Foundation and is the founding member of the South Asian Bar Association of Oregon. She also coaches the McDaniel High School Constitution Team, and previously chaired the Oregon State Bar’s Labor and Employment Section and Advisory Committee for Diversity and Inclusion and received the Multnomah Bar Association’s inaugural Diversity Award in 2017.

Voters often have no choice in electing judges because they're routinely appointed by the governor and then run for election uncontested. Generally speaking, incumbents are reelected in Oregon. Many believe it is a contributing factor to when judges resign or retire deliberately creating the opportunity for a Governor appointee.

It’s really important that voters recognize how significant it is when there is a competitive race. A county judge can have a significant effect on individual cases, and an appellate court judge can have a significant effect on the law for years to come. Judges have some of the longest terms of any of the elected offices in the state. So it’s important voters do something more than just trusting your gut, or voting for the most appealing name. Voters can find candidate information at Oregon Abigail Adams Voter Project.


--Donna Bleiler

Post Date: 2023-09-22 12:30:23

Last Update: 2023-09-22 17:01:46