Circuit Court Judge
Multnomah County Courthouse
1012 SW 4th Ave
Portland, OR 97204
June 25, 2012
As you may know, I am an outlier in the legal profession of Oregon. And perhaps elsewhere.
My purpose in writing to you now is my search for judicial integrity. So far, no luck.
Let me be specific. On one particular case pending in your building right now, here is your track record.
- Judge Bushong has taken evidence and ruled in favor of a party who had not legally filed a pleading nor paid the initial filing fee.
- Judge Edward Jones has allowed the same party to argue a motion at Ex Parte in violation of both the SLR’s AND the UTCR’s. This same party still had not filed a legal pleading nor paid the initial filing fee. Judge Jones then ruled on these complex pleadings without reading or even having the trial court file.
Happily, for me Judge Jones antics and illegal rulings are captured on video. Which I have. Hello, YouTube.
- Referee Steven Todd then allows the same party to hold court in eviction court when they have not complied with Oregon’s Assumed Business Name statute. This means, by the plain express language of the statute, that same party has no legal standing. That did not matter to Referee Todd.
Therefore, in my eternal quest for justice and judicial integrity, I scheduled a hearing before Hon. Alicia Fuchs which happened yesterday. She decided not to have a hearing, not to accept evidence nor testimony. She did not want to address Judge Jones nor Referee Todd’s illegal rulings -- just because. All the while she was admitting on the record that she had only ‘skimmed’ the trial court file, so had no clue what the issues were; ignoring the dictates of the Superbilt case.
So, while I look to you to provide the needed integrity in your building to stop this sort of judicial malfeasance, I must also give you a hint about why this sort of thing might be happening to me.
Back in 2004, while I was serving on the Oregon State Bar Board of Governors, I worked on the implementation of a formal statewide system of Judicial Performance Evaluations. The American Bar Association recommended such judicial evaluations for the entire United States in 2005. Oregon Chief Justice De Muniz decided he did not want this much transparency nor accountability in 2006, jettisoning the idea of JPE for Oregon judges.
Thus, my secondary purpose in writing to you just now is to seek your support for the creation and implementation of a formal statewide system of judicial evaluations in Oregon. Please let me hear from you in this regard. Oregon citizens deserve a judiciary that IS NOT rated at the bottom of the barrel by the University of Chicago Law School in 2008 as they found the Oregon judiciary to be then.
It is timely that I come to you just now. Back in 2004, I also was a formal whistleblower on the Bar’s misguided attempt to waste money purchasing a white elephant ‘new’ building. Hey, I hear Multnomah County is looking to do the same thing. Multnomah County and the media should pay more attention to the trends in lawsuit filings and the ‘efficiencies’ promised by eCourt.
Just look across the street at the empty Mark Hatfield Federal Courthouse. We don’t need more bricks and mortar. We need judicial integrity and competent leadership. Right here in your present building. Look in the mirror. I have.
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