Oregon Supreme Court dismisses suit filed by Eugene attorney who accused chief justice of ignoring law

Oregon Supreme Court dismisses suit filed by Eugene attorney who accused chief justice of ignoring law: The Oregon Supreme Court has thrown out a novel lawsuit brought by a Eugene lawyer who accused the court’s chief justice of committing a crime by ­ignoring a 106-year-old law that ties state judges’ paychecks to their productivity. The court decided Aug. 10 not to review the case filed by attorney James Palmer, siding with the state attorneys who had represented Balmer and ­argued to have the suit dismissed on procedural grounds.

Gutman wrote that the court “should wait for a better procedural vehicle” to address the issue raised by Palmer.

It may not have to wait long. Palmer said “other individuals” have contacted him in recent months about their cases, implying that the court could find itself reviewing one or more matters that involve parties who have waited longer than 90 days to issue rulings.

“This will not be the last opportunity,” Palmer said. 

As written, ORS 1.050 requires all state judges — in every pay period — to file certificates ­stating that they have no ­decisions ­before them that have been pending longer than three months. If a judge doesn’t decide a motion within that time, the judge’s pay is to be withheld until he or she issues a decision on the motion.

The law was adopted by the state Legislature in 1911. It was enforced for 70 years before then-Oregon Attorney General Dave Frohnmayer issued an opinion in 1981 in which he said the law is unconstitutional.

Palmer’s suit mentions that there appears to be no record of any court ruling that the statute ­infringes on the power of the ­judiciary to manage itself.