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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.
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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