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A5 THE ASTORIAN • THuRSdAy, MAy 21, 2020 OBITUARIES Carol Joyce Stutesman Seaside June 25, 1954 — May 8, 2020 Gillian Flaccus/AP Photo Gov. Kate Brown at a news conference in March. Supreme Court keeps virus orders in place Arguments focus on Gov. Brown’s authority By JASON JACOBY Baker City Herald The Oregon Supreme Court ruled late Monday that Gov. Kate Brown’s executive orders regarding the coronavirus pandemic will stand statewide until the court hears arguments following a Baker County judge’s ruling that the orders were “null and void.” “Following swift action by the Oregon Supreme Court, my emergency orders to pro- tect the health and safety of Oregonians will remain in effect statewide while the court hears arguments in this lawsuit,” Brown said in a statement Monday night about the court’s emergency ruling. Baker County Circuit Court Judge Mat- thew B. Shirtcliff had earlier in the day ruled Brown had exceeded her authority by restricting activities, including church ser- vices and businesses, for longer than the 28 days the governor is authorized under a state law. The judge granted a preliminary injunc- tion blocking enforcement of each of the more than 10 executive orders the governor has issued since March 8. Elkhorn Baptist Church in Baker City is the lead plaintiff in the lawsuit, which was filed by Salem attorney Ray Hacke of the Pacific Justice Institute, a nonprofit that defends religious liberty. Bill Harvey, chairman of the Baker County Board of Commissioners, filed as an intervenor-plaintiff in the case as an individ- ual rather than in his capacity as an elected official. Harvey, who attended a 20-minute hearing Monday morning at the Baker County Court- house during which Shirtcliff announced his decision, said after the hearing that “this is what we were seeking.” “Our emphasis was that she (Brown) overstepped her bounds,” Harvey said. The governor’s lawyers, Marc Abrams and Christina Beatty-Walters, sought an immediate review of Shirtcliff’s decision by the Oregon Supreme Court. Solicitor General Benjamin Gutman filed a petition with the state’s highest court Mon- day afternoon. Abrams said there is evidence that mea- sures in the governor’s executive orders have been effective at curbing the spread of the coronavirus, and that Shirtcliff should delay the injunction as a result. But Hacke countered that the “issue is not whether it’s working. It’s whether she has exceeded the limits of her authority.” In his written decision, the judge com- pared grocery stores and other businesses that have remained open, with social distancing guidelines, to churches, writing that churches can use the same precautions during wor- ship services that involve more than 25 peo- ple, which has been the limit under the gov- ernor’s executive orders. In granting the plaintiffs’ motion for a preliminary injunction, Shirtcliff concluded that Brown, by citing a certain state law in some of her executive orders since her origi- nal emergency declaration March 8, in effect placed a 28-day limit on the state’s enforce- ment of those orders. That law is Oregon Revised Statute 433.441. The law gives the governor a variety of powers, including the authority to “control or limit entry into, exit from, movement within and the occupancy of premises in any pub- lic area ...” Although Brown invoked a different law — ORS 401.165 — when she initially declared an emergency, Shirtcliff wrote that 401.165 “does not grant the governor power directly over the movement of citizens and gatherings.” ORS 401.165 also does not include any time limits on the duration of the emergency. Brown has subsequently extended the emer- gency declaration through July 6. That declaration is separate from the multiple executive orders the governor has issued. Brown eased some restrictions included in those executive orders on Friday when she authorized most of the state’s 36 counties, including Baker, to move into the first phase of the state’s reopening plan. The crux of the legal dispute involves the relationship between the two laws the gov- ernor has invoked — 401.165 and 433.441. Brown’s attorneys agued in a hearing last week that because the governor cited 401.165 in the emergency declaration, that law, which has no time limits, is the controlling statute. But Hacke argued — and Shirtcliff agreed — that the governor, by repeatedly citing ORS 433.441 in her executive orders, made those orders subject to the 28-day time limit allowed under that law for public health emergencies. Moreover, Shirtcliff wrote in his deci- sion that Brown, in order to issue executive orders that restrict residents’ movements and the size of their gatherings, had to involve 433.441 because 401.165 doesn’t give her that authority. In his decision, Shirtcliff specifically men- tioned Brown’s first executive order. “This court finds that when the governor utilized the provisions of ORS 433.441 in her executive order, she triggered all the pro- visions of ORS 433.441 including the time restrictions,” the judge wrote. “By doing so, the executive order became null and void beyond the maximum 28-day time period allowed by the statute. Moreover, by not complying with (the) timelines, the gover- nor’s subsequent Executive Orders 20-05 through 20-25 are also null and void.” In addressing the potential conflict between the two laws — one with no time limit and one with a 28-day limit — Shirt- cliff wrote that “the statutes are to be read to work together with the more specific statute governing.” SEVENDAY FORECAST FOR ASTORIA TODAY FRIDAY SATURDAY SUNDAY MONDAY Carol Joyce Stutesman passed away on ing them make good decisions as they transi- May 8, 2020, in Seaside, Oregon, after bat- tioned into independent adults. tling a long illness. Carol coached many ages and skill levels of athletes. She had many success- Carol was born on June 25, ful seasons coaching basketball, 1954, in Aberdeen, Washington, softball and volleyball at Seaside and was the second child of six High School. Her volleyball team children. She was the only girl born won the state 4A state champion- to Juanita and Drexel Stutesman. ship in 1988. Carol grew up in Aberdeen, Carol was often described as and graduated from Weather- wax High School. She received a a one of a kind, and was known degree in business/economics edu- to be a straight shooter. She was cation from Western Washington extremely generous, and if some- one was in need or a civic project University. Carol Stutesman needed to be completed, she was Carol could have pursued many there to provide. business career opportunities, Her love and care for Seaside High School however her passion was teaching and coach- ing. She had an intense desire to help students students will continue in memoriam through become confident young adults. the Carol Stutesman scholarships funded Carol taught at Coquille High School and through her estate donation. Carol’s love for life and friends will be Oregon City High School before her 29-year career at Seaside High School. Carol taught greatly missed. Carol is survived by her a variety of business/vocational classes that brothers, Paul, Glen and Floyd, as well as included personal finance, computer appli- numerous nieces and nephews. cations, accounting and graphic arts. Her Friends and family plan to hold a celebra- students appreciated her guidance in help- tion of life in Aberdeen at a later date. James O. Johnson Seaside Aug. 2, 1949 — May 6, 2020 James O. Johnson was born Aug. 2, 1949, uating in 1967. He moved to Arizona and to parents Ernest and Joyce John- son in Astoria, Oregon. while there enlisted in the Army. He was sent to Southeast Asia. He was preceded in death by Most of his working life was his sister, Sharon, and his brother, driving log trucks and operating Orson. heavy machinery. He was known Surviving relatives are three as “Hippie Jim” by his co-workers. sisters, Joy, Edna and Kathy; three Jim was much loved by his sons, Justin Thorpe, Ryan Rusi- novich (Abby), and Rollin Archer family, and is missed by all. He (Yasemin); six grandchildren, will be buried with his father and Nick, Aubrey, Anima, Adina, immediate family, and a memorial James Johnson service will be held once the coro- Nevaeh and Razari; and adopted navirus is over. family Alexandria Owens (AJ). Email rollinarcher@hotmail.com to be James began school in Lancaster, Minne- sota, and finished in Knappa, Oregon, grad- notified of the memorial. OBITUARY POLICY The Astorian publishes paid obituaries. The obituary can include a small photo and, for veterans, a flag symbol at no charge. The deadline for all obituaries is 9 a.m. the business day prior. Obituaries may be edited for spelling, proper punctuation and style. Death notices and upcoming services will be published at no charge. Notices must be submitted by 9 a.m. the day of publication. Obituaries and notices may be submitted online at DailyAstorian.com/forms/obits, by email at ewilson@dailyastorian.com, placed via the funeral home or in person at The Astorian office, 949 Exchange St. in Astoria. For more information, call 503-325-3211, ext. 257. CLATSOP POWER EQUIPMENT , INC. SALES • SERVICE • RENTALS 34912 HWY 101 BUS • ASTORIA 503-325-0792 • 1-800-220-0792 TUESDAY WEDNESDAY REGIONAL FORECAST Shown is today’s weather. Temperatures are today’s highs and tonight’s lows. Seattle 56 46 A couple of showers 58 46 59 48 A morning shower 60 51 62 49 62 48 Cloudy, showers A brief shower around or two Cloudy Showers possible 65 52 Partly sunny Aberdeen Olympia 56/46 57/46 Wenatchee Tacoma Moses Lake 59/42 ALMANAC UNDER THE SKY TODAY'S TIDES Astoria through Tuesday Tonight’s Sky: Corona Borealis, the northern crown, soars high across the sky tonight. Astoria / Port Docks Temperatures High/low ................................ 57/50 Normal high/low .................. 61/46 Record high .................. 81 in 1978 Record low .................... 37 in 2012 Precipitation Tuesday ................................... 0.06” Month to date ........................ 2.84” Normal month to date ......... 2.13” Year to date .......................... 34.90” Normal year to date ........... 32.42” Forecasts and graphics provided by AccuWeather, Inc. ©2020 Time High (ft.) Time Low (ft.) 12:48 a.m. 8.1 7:44 a.m. -0.2 1:53 p.m. 6.7 7:27 p.m. 2.4 Cape Disappointment 12:25 a.m. 8.0 6:53 a.m. -0.1 1:30 p.m. 6.6 6:40 p.m. 2.6 Source: Jim Todd, OMSI Hammond SUN AND MOON Sunrise today .................. 5:36 a.m. Sunset tonight ............... 8:49 p.m. Moonrise today .............. 5:22 a.m. Moonset today .............. 7:56 p.m. New First Full Last 12:34 a.m. 8.4 7:14 a.m. -0.3 1:41 p.m. 6.8 6:59 p.m. 2.4 Warrenton 12:43 a.m. 8.5 7:28 a.m. -0.1 1:48 p.m. 7.1 7:11 p.m. 2.5 Knappa 1:25 a.m. 2:30 p.m. Depoe Bay May 22 May 29 June 5 June 12 8.4 8:45 a.m. -0.1 6.9 8:28 p.m. 2.0 12:48 p.m. 6.5 6:24 a.m. -0.3 none 6:07 p.m. 2.6 City Atlanta Boston Chicago Dallas Denver Honolulu Houston Los Angeles Miami New York City Phoenix San Francisco Wash., DC Fri. Hi/Lo/W 78/63/c 72/52/s 70/57/c 85/67/pc 73/45/pc 87/72/pc 92/71/pc 81/59/s 89/74/t 66/53/s 92/66/s 70/52/s 68/57/c 80/65/t 80/60/pc 74/57/pc 86/70/t 80/50/s 86/73/s 91/75/pc 79/59/s 88/76/pc 72/59/pc 96/68/s 69/52/pc 72/63/t Weather (W): s-sunny, pc-partly cloudy, c-cloudy, sh-showers, t-thunderstorms, r-rain, sf-snow fl urries, sn-snow, i-ice. 60/44 Hermiston The Dalles 66/46 Enterprise Pendleton 50/33 60/41 62/46 La Grande 52/37 56/43 NATIONAL CITIES Today Hi/Lo/W 53/38 Kennewick Walla Walla 59/43 Lewiston 67/46 57/45 Salem Pullman 65/39 Longview 56/46 Portland 57/46 55/39 Yakima 66/44 59/42 Astoria Spokane 63/45 Corvallis 57/42 Albany 56/41 John Day Eugene Bend 57/42 54/32 51/35 Ontario 62/41 Caldwell Burns 54/29 61/40 Medford 66/42 Klamath Falls 60/31 City Baker City Brookings Ilwaco Newberg Newport Today Hi/Lo/W 54/33/sh 58/44/c 55/48/sh 57/42/sh 55/45/sh Fri. Hi/Lo/W 54/32/pc 61/47/s 55/48/pc 61/38/c 56/40/pc City North Bend Roseburg Seaside Springfi eld Vancouver Today Hi/Lo/W 58/45/sh 62/45/c 55/47/sh 58/43/sh 56/46/sh Fri. Hi/Lo/W 59/44/pc 65/41/c 57/44/pc 62/37/pc 61/42/pc
