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.
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