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About Just out. (Portland, OR) 1983-2013 | View Entire Issue (July 21, 2006)
JULY 21. 2006 jllStlOUt 15 northwest Judging Virginia Linder Appellate judge aims her gavel at Supreme Court seat by Jack Turteltaub udge Virginia Linder is making a historic Linder’s statements are backed up by the facts. bid for an open seat on the Oregon Former state Attorney General David Frohnmeyer Supreme Court. The veteran judge, who hired her at the judiciary’s appellate department in has served for almost nine years on the 1980, the year she graduated with a law degree from Oregon Court of Appeals, twice winning Willamette University. In 1986 she became re-election, would become the first woman Oregon to join ’s first female solicitor general, with many the states highest court by election if she defeats legal and administrative duties, including supervi her opponent, former state Labor Commissioner sion of a large staff of state attorneys. In 1997 she Jack Roberts, in November. was appointed to the Court of Appeals by Gov. Linder would also be the first out lesbian to serve John Kitzhaber. on the high court. If elected, she would fill Position Initially, Linder did not intend to run, but she 6, which will be vacated by Wallace Carson Jr. in believed the court needed a woman to bring more January 2007, and she would become the only diversity. woman to sit on the court. At least three other During her time on the Court of Appeals, women have previously served on the high court, Oregon’s second-highest court, Linder has heard but all were appointed, including Betty Roberts. thousands of cases and written almost 300 legal If Linder wins, she would join six other jus opinions. Most people don’t know that the Oregon tices—including Rives Kistler, the only openly gay Court of Appeals is consistently rated the first- or state supreme court justice in the United States— second-busiest state appellate court in the country, on the nonpartisan court in the 2007 session. so the workload is tremendous, even relative to Justices serve six-year terms, unlike U.S. Supreme much more populous states. Judge Virginia Linder aims to become the first out lesbian on the Oregon Supreme Court. Court justices, who enjoy lifetime appointments. Linder has also been an adjunct professor at near As the state’s highest appellate court, the by Willamette University since 1998. She teaches Without directly criticizing his position, Linder said: much better for women in Oregon’s judicial system, Supreme Court is, in effect, the “court of last resort” upper-level law students about the appellate process. “You get asked about judicial philosophy; 1 think it including the appellate branch, where women and (although decisions can be appealed to federal Linder also frequently speaks and writes for the has become a code for political leanings. 1 think a sexual minorities are well-represented. “It has nev appellate courts or the U.S. Supreme Court). Oregon State Bar and other professional organiza judge with an agenda is a bad thing.” She notes that er been a real issue—from the time of my appoint Coming out of the May primary, Linder man tions about appellate, constitutional, criminal and law is an “intellectual discipline.” It requires more ment as solicitor general. 1 made sure officials knew aged to finish second with approximately 38 per administrative law and practice. than just understanding common law, statutes and my personal status before 1 accepted the seat on the cent of the vote to Roberts’ 42 percent. Because no As a measure of her reputation, she eameu previous court or judicial rulings, known as prece court; 1 made sure that {Kitzhaber) knew. When I one won a majority, the two top opponents are now endorsements from the states’ most influential dents. It requires an open mind, a willingness to go ran for re-election, it was not an issue, and it has in a battle for the seat. Gene Hellman, who came newspapers, including The Oregonian, Eugene’s into a case ready to listen and learn. “The reality is never been a liability. It is wonderful to be open— in third, was eliminated. Register'Guard and Salem’s Statesman Journal. that I don’t have an overarching philosophy or to be known and knowable.” Linder points out her role as the financial Smaller newspapers, including The Daily Astorian ideology that applies to all cases.” Finally, Linder shares a personal perspective on underdog of the election. “I was outspent four to and The Bend Bulletin, have also backed her. Linder emphasizes her commitment to the her work, a lesson she’s learned about individuals one” by her two opponents. But she came in second In addition, Linder scores high among her fel process involved in making a decision. For exam that will continue to shape her approach. “What's with a grassroots approach and a heavy reliance on low attorneys. She received 52 percent of the vote ple, she said, “I listen to the arguments, try to powerful is our realness as people, regardless of race, use of the Internet. understand them, but I'm open to being changed by in the Oregon State Bar’s Judicial Preference Poll gender, sexual orientation or disability.” Given her Linder says her experience will earn her the and has received strong endorsements from various the process—that goes right up to the point of writ long, distinguished career and the many precedents Supreme Court seat. “I’m the most experienced district attorneys and both sitting and retired jus ing the opinions.” she has already set, those words could apply with appellate judge in Oregon. I’ve done this for 26 tices, including Betty Roberts. Linder first came to Oregon for her undergrad even more power to the personal and professional life of this judicial pioneer. © years. I think that is the single biggest difference Short, neat and slender, Linder looks and uate education. After completing her bachelor’s with Mr. Roberts. I’m an experienced judge.” sounds like a judge, but she could also pass for a degree at Southern Oregon State College (now Though' Roberts has run unsuccessfully for gov businesswoman pausing for a Frappuccino break. Southern Oregon University) in 1975, she took a For more information about VIRGINIA LlNDER visit ernor and served as Lane County commissioner, he Linder’s natural curiosity and mental discipline short break before entering law school. She began her election Web site, wuwjtolgevirginialinder.com has no judicial experience. But his name recogni dovetail with strong views about the role of the working for the appellate division part time as a or the Oregon courts Web site, www.ojd.state.or.us. tion and the money he can raise from conservative judiciary and individual jurists. It is also in direct second-year law student. backers and organizations make him a formidable contrast to Roberts, a Republican by history, who As a lesbian in the appellate system, Linder J ack T urteltaub is a Portland psychotherapist and claims to support a "balanced judicial philosophy.” makes the observation that things have gotten freelance writer. opponent. J U nique accessories ANO HF.AI.THY NECESSITIES FOR DOGS ANO CATS» w w w. SaltysDogShop. com 1741 N. MiKKtaeuppi Ave Portland, OR 97227 501-249-1432
