Oregon Supreme Court
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{{Infobox_High_Court
|court_name = Oregon Supreme Court
|image = [[Image:Oregon state seal.png|120px]]
|established = [[1841]]
|country = [[Oregon]] {{flagicon|Oregon}}, [[United States]] {{flagicon|USA}}
|location = [[Salem, Oregon]]
|coordinates= {{coord|44.937509|-123.027617|display=inline,title}}
|type = [[Non-partisan]] statewide election
|authority = [[Oregon Constitution]]
|appeals = [[Supreme Court of the United States]]
|terms = 6 years
|positions = 7
|website = [http://www.ojd.state.or.us/courts/supreme/index.htm Official site]
|chiefjudgetitle = [[Chief Justice]]
|chiefjudgename = [[Paul De Muniz]]
|termstart = [[2006]]
|termend = [[2012]]
|termend2 = [[2013]]
}}
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]].<ref name=OJD>[http://www.ojd.state.or.us/aboutus/courtsintro/index.htm An Introduction to the Courts of Oregon.] Oregon Judicial Department. Retrieved on [[June 11]] [[2008]].</ref> The OSC holds court at the [[Oregon Supreme Court Building]] in [[Salem, Oregon]], near the [[Oregon State Capitol|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 back 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 [[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, 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 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]].
==Selection==
The court is composed of seven elected [[judge|justices]], each of whom serves a six-year term after winning a [[nonpartisan]] election.<ref name="SOS2"> {{cite web | title = Oregon Supreme Court | work = Oregon Blue Book | publisher = Oregon Secretary of State | url = http://www.bluebook.state.or.us/state/judicial/judicial01.htm | accessdate = 2006-12-09 }}</ref> Justices, like other Oregon state court judges, must be [[United States citizen]]s, Oregon [[Residency (domicile)|residents]] for at least three years, and lawyers [[bar (law)|admitted]] to practice in the state of Oregon.<ref name="SOS2"/> The newest justice receives the smallest office (nicknamed “the broom closet”) and is responsible for opening the door when a conference is interrupted.<ref name=tradition>Suo, Steve. Oregon Supreme Court is robed in tradition-bound world of its own. ''The Oregonian'', December 3, 1995.</ref> When a state court judge retires, resigns, or dies before completing a term, the Governor may appoint another qualified person to the position.<ref name="SOS2"/> To retain that position, the appointed person must run for election for a full six-year term at the next [[general election]].<ref name="SOS2"/>
On occasion, a judge will leave office at the end of a term, in which case a general election determines their replacement.<ref name="SOS2"/> If the Supreme Court needs an additional judge on 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.<ref name=OJD/> Senior judges are all former, qualified judges (a minimum of 12 years on the bench) that have retired from a state court.<ref name=OJD/><ref name=map>[http://www.ormap.org/mapmanual/pdfs/19c-App_C.pdf Appendix C: The Oregon Supreme Court.] The Oregon Map. Retrieved on [[October 16]] [[2007]].</ref> Only former Supreme Court justices, elected [[Oregon circuit court]] judges, or elected [[Oregon Court of Appeals]] judges can be assigned to temporary service on the Supreme Court.<ref name=OJD/><ref name=map/>
==Administrative==
[[Image:OregonSupremeCourtBldg.jpg|thumb|The Oregon Supreme Court]]
The court can appoint retired judges, lawyers, and other judges to serve [[Pro tempore|temporarily]] as judges at any level in Oregon.<ref name="SOS2"/> 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.<ref name=OJD/> The state supreme court is responsible for admitting new lawyers to practice in Oregon, disciplining [[attorney]]s, and appointing members to the Board of Bar Examiners.<ref name="SOS2"/> 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.<ref name=OJD/> Oversight of state judges is also in the hands of the Supreme Court.<ref name=OJD/> 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.<ref name=OJD/> The Supreme Court can then suspend judges, censure them, remove them from office, or take no action.<ref name=OJD/>
===Chief Justice===
{{see also|List of Chief Justices of the Oregon Supreme Court}}
One justice of the court is elected by the court to serve a six-year term as Chief Justice.<ref name=OJD/> The Chief Justice is then responsible for all administration of the Supreme Court.<ref name=OJD/> Under a law enacted in 1981 the chief is not only the titular head of the Supreme Court, but also is the chief executive officer of the Oregon Judicial Department.<ref name=OJD/><ref name=map/> In that role the Chief Justice supervises all of the Oregon courts, appoints 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.<ref name=OJD/> As administrator the chief is also the recipient of many reports from the court system including non-legal employees of the department.<ref name="SOS2"/> The first Chief Justice of the Oregon Supreme Court was [[William P. Bryant]], while the longest serving chief was [[Wallace P. Carson, Jr.]] who held the position for 15 years.<ref name="SOS"/>
===Oregon Reports===
Beginning in 1853, the [[Law report|official court reporter]] for the publication of all Supreme Court decisions is the Oregon Reports.<ref name=pub>[http://www.publications.ojd.state.or.us/ Appellate Court Opinions.] Oregon Judicial Department. Retrieved on [[October 16]] [[2007]].</ref> These bound editions are published under the auspices of the Oregon Supreme Court per ORS 2.150.<ref name=pub/> The first reported opinion was ''Thompson v. Backenstos'', involving [[trespass]].<ref name=or1>''Thompson v. Backenstos'', 1 Or. 17, 1853 WL 469, 1853 Ore. LEXIS 1 (1853).</ref> In the case, Justice [[George Henry Williams]] wrote the opinion, Justice [[Thomas Nelson (Oregon judge)|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.<ref name=or1/>
==Powers and jurisdiction==
[[Image:ORSCcourtroomdoors2.JPG|thumb|right|[[Stained glass]] above the [[courtroom]] entrance.]]
The powers of the OSC derive from the Oregon Constitution’s Article VII.<ref name="SOS2"/> Like other supreme courts in the [[United States]], the Oregon Supreme Court acts primarily as a [[court of appeal]]s. They choose cases that are of legal significance or to unify lower court decisions.<ref name="SOS2"/> In this aspect the court has discretionary review over many of the cases appealed to the high court.<ref name="SOS2"/> Discretionary review allows the court to choose which cases it will hear on appeal.<ref>[http://texaspolitics.laits.utexas.edu/glossary/index.php?term=discretionary%20review Glossary: discretionary review.] Texas Politics. Retrieved on [[October 16]] [[2007]].</ref> With those cases that are denied an appeal to the Supreme Court, the decision of the lower court becomes final and binding.<ref name="SOS2"/> As of 1995, the court only accepted one in eight appeals that were discretionary.<ref name=tradition/> The justices meet once per week in a formal conference in which only the justices are involved to determine rulings.<ref name=tradition/> 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 [[Judicial disqualification|recuses]] themselves due to a conflict of interest or other concern.
The court also reviews death penalty cases, [[Oregon Tax Court|state tax court]] appeals, and items regarding legal disciplinary on direct review.<ref name=OJD/> Direct review means that the Supreme Court hears cases directly upon appeal without the case first going to the Court of Appeals.<ref name=OJD/> 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.<ref name=OJD/> 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 measure]]s such as their titles, the fiscal impact statement, and the explanatory statement as listed in the Voter’s Pamphlet.<ref name=OJD/>
[[Image:ORSCstairs.JPG|right|thumb|The main stairs of the Supreme Court Building.]]
Oregon’s state courts are courts of general jurisdiction, that is unlike federal courts, the state courts can hear all cases regardless as to whether the dispute is based on state law, federal law, or both, with a few exceptions.<ref name=civpro>Rowe, Thomas D., Suzanna Sherry, and Jay Tidmarsh. ''Civil Procedure''. Foundation Press, NY: 2004.</ref> Thus the Oregon Supreme Court can hear appeals for cases based on both federal and state law.<ref name=civpro/> Although 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.<ref name=civpro/> 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.<ref name=civpro/> However, federal courts are bound to follow Oregon law and decisions of 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.<ref name=civpro/> 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 the federal court has before it in their case (see [[Oregon Revised Statutes|ORS]] 28.200 to 28.255 and ORAP 12.20).<ref>[http://www.publications.ojd.state.or.us/S51989.htm Lombardo v. Warner.] 340 Or. 264, 132 P.3d 22, (2006).</ref><ref name=civpro/><ref name=OJD/>
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.<ref name=civpro/> 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.<ref>[http://www.rules.house.gov/archives/jcoc2ay.htm Congress Versus the Courts.] United States House of Representatives. Retrieved on [[October 16]] [[2007]].</ref><ref name=civpro/> Thus later outcomes of the court can be affected by legislation passed by the [[Oregon Legislative Assembly]] or through the initiative and referendum process.<ref name=con>[http://law.justia.com/oregon/constitution/ Oregon State Constitution.] Justia.com. Retrieved on [[October 16]] [[2007]].</ref> 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).<ref name=con/>
==History==
[[Image:OROSCFront.JPG|thumb|The court's main entrance.]]
[[Image:ORSCcourtroomstainedglass.JPG|thumb|Stained glass ceiling of the courtroom.]]
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.<ref name=Oregon>Corning, Howard M. (1989) ''Dictionary of Oregon History''. Binfords & Mort Publishing. p. 13, 186.</ref> 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.<ref name="OSU">{{cite web | last = Jobanek | first = George A. | title = Narrative of a Journey | work = New and Recent OSU Press Books | publisher = OSU Press | url = http://oregonstate.edu/dept/press/m-n/NaraofaJourneyIntro.html | accessdate = 2008-06-11 }}</ref> 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.<ref name=Oregon/>
===Pre-statehood===
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.<ref name="PDoOH">{{cite book | last = Clarke | first = S.A. | title = Pioneer Days of Oregon History | publisher = J.K. Gill Company | year = 1905}}</ref> In February of that year, settlers met at [[Champoeg Meetings|Champoeg]] to discuss the creation of a government, including a judiciary to deal with the execution of Young’s estate.<ref name="PDoOH"/> Although the overall government plans fell through, the group of pioneers and [[mountain men]] did elect a supreme judge to exercise [[probate]] powers.<ref name="PDoOH"/> The first judge was Dr. [[Ira L. Babcock]], serving from [[February 18]] [[1841]], to [[May 1]] [[1843]].<ref name="SOS"> {{cite web | title = Oregon Supreme Court Justices | work = Oregon Blue Book | publisher = Oregon Secretary of State | url = http://www.bluebook.state.or.us/state/elections/elections27.htm | accessdate = 2006-12-09 }}</ref>
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 [[Justice of the Peace|justices of the peace]] for trial level courts.<ref name=Gray>Gray, William H. ''A History of Oregon, 1792-1849, Drawn from Personal Observation and Authentic Information''. Harris & Holman: Portland, OR. 1870.</ref> [[Albert E. Wilson]] was the first judge chosen as the supreme judge under this new government, but never severed. Other judges were appointed or elected during this pre-territory period over the next six years.<ref name="SOS"/> 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]].<ref name=Gray/>
In 1848, when the [[Oregon Territory]] was created by the [[United States Congress]], [[William P. Bryant]] was appointed as the first judge of the Oregon Supreme Court.<ref name="SOS"/> Justices in the territorial period were appointed by the [[President of the United States]].<ref name="SOS"/> In those early days of the court, the justices would “[[Circuit rider (U.S. Court system)|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.<ref>Berg-Andersson, Richard E. [http://www.thegreenpapers.com/Hx/JusticesExplanation.html Explanation of certain items in the "Justices of the Supreme Court" Table.] The Green Papers. Retrieved on [[October 16]] [[2007]].</ref>
===Oregon State Supreme Court===
Beginning with statehood in [[1859]], the court had just four justices, one for each judicial district in the state.<ref name="horner">{{cite book| last = Horner| first = John B.| title = Oregon: Her History, Her Great Men, Her Literature| publisher = The J.K. Gill Company:Portland, Oregon| date = 1929| id = 258}}</ref> Each justice was assigned one district, and then all justices would gather at set intervals to confer on appeals.<ref name="horner"/> On appeals, the justice who presided over the lower court case would not participate in the proceedings.<ref name="horner"/> 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.<ref>Terry, John. The many names and owners of the Lewis and Clark Bridge. ''[[The Oregonian]]'', [[October 5]] [[1997]].</ref> With the creation of a Circuit Court and separate Supreme Court in 1878, riding circuit was abandoned<ref name="SOS"/> and the Supreme Court reduced to three members.<ref name="horner"/> Governor [[W. W. Thayer|Thayer]] then appointed [[James K. Kelly]], [[Reuben P. Boise]], and [[Paine Page Prim]] to the court as temporary justices until elections could be held.
[[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.<ref name=Stanford>Abrams, Kerry. [http://womenslegalhistory.stanford.edu/papers/LeonardM-Abrams.pdf Folk Hero, Hell Raiser, Mad Woman, Lady Lawyer: What is the Truth about Mary Leonard?] Women's Legal History Biography Project. Stanford Law School. Retrieved on [[May 7]] [[2008]].</ref> 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 [[Brandeis brief|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.<ref>Fox, John. [http://www.pbs.org/wnet/supremecourt/capitalism/robes_brandeis.html Biographies of the Robes: Louis Dembitz Brandeis.] PBS. Retrieved on [[October 16]] [[2007]].</ref> 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.<ref name="SOS"/>
[[Image:ORSCfacade.JPG|thumb|left|Exterior of Supreme Court Building.]]
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 ''[[DeJonge 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 (law)|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).<ref>''[http://supreme.justia.com/us/366/643/case.html United States v. Oregon,]'' 366 US 643 (1961). Justia.com. Retrieved on [[October 16]] [[2007]].</ref>
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, 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.<ref name=carson>Wong, Peter. Chief justice is retiring. ''[[Statesman Journal]]'', December 30, 2006.</ref> The following year, 1982, the court received its first female member when Governor [[Vic Atiyeh]] appointed [[Betty Roberts]] as an associate justice.<ref>[http://www.abanet.org/women/bios/roberts.pdf 2006 Margaret Brent Awards: Betty Roberts.] American Bar Association. Retrieved on [[October 16]] [[2007]].</ref> Then from 1991 to 2005 Wallace P. Carson, Jr. served as chief justice of the court for a record 14 years.<ref name=carson/>
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 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.<ref>''[http://supreme.justia.com/us/512/374/case.html Dolan v. City of Tigard,]'' 317 Or. 110, 854 P.2d 437 (1993). Justia.com. Retrieved on [[October 16]] [[2007]].</ref> However, the U.S. Supreme Court disagreed and overturned the Oregon court. Then the Oregon court ruled in February of 2006 that Oregon’s land use law, [[Oregon Ballot Measure 37 (2004)|Measure 37]], was constitutional. ''[[Greg Macpherson|Macpherson]] v. Department of Administrative Services'', 340 Or. 117, 130 P.3d 308 (2006) allowed people to make claims against 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.<ref>[http://www.portlandonline.com/index.cfm?c=djjga City of Portland and Measure 37.] City of Portland. Retrieved on [[October 16]] [[2007]].</ref>
===Location===
[[Image:ORSCcourtroomceiling.JPG|thumb|Ornamental interior of the courtroom.]]
{{see also|Oregon Supreme Court Building}}
In the early years of the Supreme Court, business was conducted at a variety of locations in downtown Salem.<ref>Mersinger, Monica. [http://www.salemhistory.net/brief_history/brief_history.htm Brief History.] Salem Online History. Retrieved on [[October 16]] [[2007]].</ref> The first public building to house the court was the [[Oregon State Capitol|Territorial Capitol Building]] in Salem that was built between 1854 and 1855.<ref name=territory>First State House. Oregon State Capitol, R HMC-1111 (Salem Public Library)</ref> In that building the [[courtroom]] was in a chamber measuring 20 feet by 27 feet on the first floor.<ref name=territory/> On [[December 29]] [[1855]], after the building was partially occupied, it burned to the ground.<ref name=Oregon>Corning, Howard M. ''Dictionary of Oregon History''. Binfords & Mort Publishing, 1956. p. 43-44.</ref> In 1876, the state finished construction on a second capitol building where the court was located on the third floor.<ref name=construction>''The Oregonian'', [[January 15]] [[1893]].</ref> This courtroom measured 54 feet by 46 feet, while the state law library was 75 feet by 70 feet.<ref name=construction/> 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]].<ref>[http://photos.salemhistory.org/cdm4/item_viewer.php?CISOROOT=/specialcol&CISOPTR=2267&REC=15 Oregon Historic Photographs Collections: Oregon Supreme Court.] Salem Public Library. Retrieved on [[October 16]] [[2007]].</ref><ref name=capfire>2nd Capitol Fire. ''Oregon Journal'', [[April 26]] [[1935]].</ref>
In addition to holding court in the Supreme Court Building's third floor courtroom, the court also travels around the state to hold sessions.<ref name=OJD/> This includes sessions and colleges, high schools, and the state’s three law schools.<ref name=OJD/> These three law schools, [[Willamette University College of Law]], [[University of Oregon Law School]], and [[Lewis & Clark Law School]], use the visits as educational tools.<ref>[http://www.uoregon.edu/~uocomm/newsreleases/latest/feb98/P022598_2.html Oregon Supreme Court Meets in Eugene.] University of Oregon. Retrieved on [[October 16]] [[2007]].</ref>
==Current justices==
[[Image:OregonSCInteriorStich.jpg|thumb|Oregon Supreme Court's courtroom.]]
''Further information: [[List of Oregon judges#Oregon Supreme Court|List of Oregon Supreme Court Justices]]''
The court has had a total of 99 individuals serve on the court since its creation during the territorial period.<ref name="SOS"/> This has ranged from a membership of three justices to seven justices. Since 1913, the number of positions on the bench has been seven.<ref name="SOS"/> Of the current membership, five are men and two are women. Overall, the court has had five women compared to ninety-four men serve on the court. Additionally, two current justices are the first two openly homosexual judges on the court,<ref>Brookover, Tim, and Nancy Ford. [http://outsmartmagazine.com/cms-this_issue/200612--At+Last,+Some+Good+News.html At Last, Some Good News.] ''Out Smart Magazine''. Retrieved on [[January 28]] [[2008]].</ref> while the current chief justice is the first individual of [[Hispanic]] heritage to serve on the court and to serve as chief justice.<ref>[http://www.pdx.edu/profiles/11700/ Profile: Passing judgment in Oregon's top court.] Portland State University. Retrieved on [[January 28]] [[2008]].</ref>
As of 2008, [[W. Michael Gillette]] is the most senior of the seven justices, starting service in 1986.<ref name="SOS"/> The newest member of the court is [[Virginia Linder]] who joined the court in 2007.<ref name="SOS"/> Five of the seven justices first joined the court as appointees of the [[Governor of Oregon]] to fill mid-term vacancies. Two justices will be up for election in 2008.
{| class="wikitable"
! 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]]
|}
</center>
==Notable Supreme Court cases==
[[Image:ORSCcourtroomdoors.JPG|thumb|140px|Entrance to the courtroom.]]
Over the course of its history the Oregon Supreme Court has made a number decisions as the highest court in Oregon. These cases cover a wide-range of topics from the constitutionality of various [[ballot measure]]s to contract law to torts and even to the location of the [[Oregon State Capital|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 the U.S. Supreme Court.
{| class="wikitable sortable" style="width:80%"
! width="30%" | Name
! width="6%" | Year
! width="15%" | Citations
! width="*%" | Legal issue
|-
| ''Amos M. Short v. Francis Ermatinger''
| 1851
| N/A
| location of the capital of [[Oregon Territory]], constitutional construction
|-
|''[[John McLoughlin|McLaughlin]] v. Hoover''
|1853
|<small>1 Or. 31</small>
|[[assumpsit]], [[statute of limitations]], repugnancy
|-
|''Danielson v. Roberts''
|1904
|<small>44 Or. 108, 74 P. 913</small>
|[[property law]]
|-
|''[[Pacific States Telephone & Telegraph Co. v. Oregon|Oregon v. Pacific States Telephone & Telegraph Co.]]''
| 1909
| <small>53 Or. 162, 99 P. 427</small>
| constitutionality of the initiative process
|-
|''[[Bunting v. Oregon|State v. Bunting]]''
|1914
|<small>71 Or. 259, 139 P. 731</small>
|[[labor law]]
|-
|''Jackson v. Steinberg''
|1948
|<small>186 Or. 129, 200 P.2d 376</small>
|property law
|-
|''McCallum v. Asbury''
|1964
|<small>238 Or. 257, 393 P.2d 774</small>
|[[partnership]]
|-
|''Goodman v. Ladd Estate Co.''
|1967
|<small>246 Or. 621, 427 P.2d 102</small>
|[[corporation]], [[Ultra vires]]
|-
|''Lowe v. City of [[Eugene, Oregon|Eugene]]''
|1969
|<small>254 Or. 518, 463 P.2d 360</small>
|[[1st Amendment]], [[Skinner Butte]]
|-
|''Petersen v. Thompson''
|1973
|<small>264 Or. 516, 506 P.2d 697</small>
|[[contract]] law
|-
|''[[Oregon v. Hass|State v. Haas]]''
|1973
|<small>267 Or. 489, 517 P.2d 671</small>
|interrogation evidence
|-
|''Ruble Forest Products, Inc. v. Lancer Mobile Homes of Oregon''
|1974
|<small>269 Or. 315, 524 P.2d 1204</small>
|contract law
|-
|''Phillips v. Kimwood Machine Company''
|1974
|<small>269 Or. 485, 525 P.2d 1033</small>
|torts, product liability
|-
|''[[Gustafson v. payless|Gustafson v. Payless]]''
|1974
|<small>269 Or. 354, 525 P.2d 118</small>
|torts, [[Malice (legal term)|Malice]]
|-
|''[[Lakeside v. Oregon|State v. Lakeside]]''
|1977
|<small>277 Ore. 569, 561 P.2d 612</small>
|jury instructions, [[Taking the Fifth|right against self incrimination]] when defendant does not testify
|-
|''Southworth v. Oliver''
|1978
|<small>284 Or. 361, 587 P.2d 994</small>
|contract law
|-
|''Fazzolari v. Portland School District No. 1J''
|1988
|<small>303 Or. 1, 734 P.2d 1326</small>
|[[torts]]: negligence
|-
|''[[Employment Division v. Smith|Smith v. Employment Div.]]''
|1988
|<small>307 Or. 68, 763 P.2d 146</small>
|[[employment law]], [[constitutional law]]
|-
|''State v. Carlson''
|1991
|<small>311 Or. 201, 808 P.2d 1002</small>
|evidence, adoptive admission by silence
|-
|''[[Portland General Electric|Portland General Elec. Co.]] v. [[Oregon Bureau of Labor and Industries|Bureau of Labor and Industries]]''
|1993
|<small>317 Or. 606, 859 P.2d 1143</small>
|state family leave law
|-
|''Stovall v. State By and Through [[Oregon Department of Transportation|Oregon Dept. of Transp.]]''
|1996
|<small>324 Or. 92, 922 P.2d 646</small>
|taxation of [[Oregon Public Employees Retirement System|PERS]] retirement benefits
|-
|''[[Oregon v. Guzek]]''
|2004
|<small>336 Or. 424, 86 P.3d 1106</small>
|[[death penalty]]
|-
|''[[Greg Macpherson|Macpherson]] v. Department of Administrative Services''
|2004
|<small>340 Or. 117, 130 P.3d 308</small>
|land use, [[Oregon Ballot Measure 37 (2004)|measure 37]]
|-
|''Williams v. [[Philip Morris]], Inc.''
|2006
|<small>340 Or. 35, 127 P.3d 1165</small>
|[[punitive damages]], [[tobacco smoking|smoking]]
|}
==See also==
*''[[Holmes v. Ford]]''
*''[[Pennoyer v. Neff]]''
*[[United States District Court for the District of Oregon]]
==References==
{{Reflist|2}}
==External links==
{{commons|Oregon Supreme Court}}
*[http://www.publications.ojd.state.or.us/supreme.htm Supreme Court Slip Opinions]
*[http://www.leg.state.or.us/ors/orcpors.htm Oregon Rules of Civil Procedure]
*[http://www.ojd.state.or.us/web/OJDPublications.nsf/Files/2007_ORAP_Online_Version.pdf/$File/2007_ORAP_Online_Version.pdf Oregon Rules of Appellate Procedure]
*[http://www.ojd.state.or.us/web/OJDPublications.nsf/Files/CJC.pdf/$File/CJC.pdf Revised Oregon Code of Judicial Conduct]
{{Oregon Supreme Court}}
{{USJudiciaries}}
[[Category:Government of Oregon|Supreme Court]]
[[Category:State supreme courts|Oregon]]
[[Category:Oregon Supreme Court| ]]