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About Medford mail tribune. (Medford, Or.) 1909-1989 | View Entire Issue (March 31, 1963)
MtDKORD MAIL TH1BUNE, MLDtOHD, OHtlGON SUMUAY. MAHCH 31, 1963 A 3 Commission Drafts Judiciary Article to Replace Two Old Ones unis is in sixth in series oi articles about the revised Conililution pro posed by the Oregon Con stitutional Revision Com mission. The articles were written by Hans A. Linde, professor of constitutional law at the University of Oregon and a member of the Commission.) Among the oddities which over the past century have crept into the Oregon Consti tion, a reader will find two Articles numbered VII both of them dealing with the -"Judicial Department." When Article VII (Amend ed) was adopted by initiative amendment in 1910, it pro-, vided that the courts, except as changed by the amend ment, should "remain as at present constituted until otherwise provided by law." As a result, the repeal or con tinued force of the old pro visions was oddly left to sub sequent statutes, and Article VII (Original) is still printed as part of the Oregon Con stitution. The Constitutional Revision Commission drafted a new ar ticle on the Judiciary, Article VI of the revised Constitu tion. In this task the exper ience of the Supreme Court Justices K. J. O'Connell and A. T. Goodwin. Circuit Judge H. M. Schwab, and the six other lawyer members of the Commission was of great value. . Lawyer's Article It is natural to think the judicial article as the "law yers' article" in the Constitu tion, and the Oregon State Bar has in fact concentrated its attention on Article VI. But law and the courts exist for the community at large, not only for those directly concerned with litigation. Law administration is too important to be left to law yers alone; it is important to everyone. The provisions of greatest interest in the revised judicial article concern the qualifica tions and selection of judges, and the power of the Oregon Supreme Court to administer and make rules for the state courts. The present Oregon Consti tution contains no require ment that judges have any prior legal training. Laymen may and do perform judicial functions. The revised Con stitution would assure that judicial appointments be made from persons licensed to practice law. It also adds an explicit new provision that the judiciary shall be non partisan. All state judicial appoint ments would be made by the governor originally. This is in fact true now in more than 90 per cent of all cases. Only rarely is a vacancy on a court filled by election in the first instance. After considering the record in other states where judgeships are regular ly filled by political elections, the Constitutional Revision Commission concluded that Oregon's experience with gub ernatorial appointment of judges was good and should be made the rule in the re vised Constitution. More controversial was the decision of the Commission that at the end of his six-year term, a judge should run "on his record." 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Together, gubernatorial ap pointment of judges and ballot review "on the record" are the key features of judic ial selection recommended, with different modifications, by the American Bar associa tion and other groups that have long worked for judicial reform. In various forms, they are used in California, Missouri, New Jersey, Alaska and several other states. The Oregon State Bar supports initial appointment of judges by the governor, but the Bar prefers leaving their reelec tion to contests in which an other candidate challenges the incumbent. (All these provisions of the judicial article refer only to state courts. Municipal courts would be governed by statu tory provisions.) Court Rules Another issue on which the legal profession has been di vided is the provision for making rules of judicial pro cedure. In federal law, this power has been given to the United States Supreme Court. Lawyers who do not like the federal rules of procedure therefore fear giving the Ore gon Supreme Court similar rule-making power. PET TALK By M. I. L Yet it is widely recognized that the task of keeping court procedures rational, effective and up-to-date cannot be ex pected from piecemeal laws urged on a preoccupied legis lature to meet particular prob lems. The revised Constitution proposes to meet both objec tives by dividing the power WAYS OF KINDNESS There are few things that sold such a depth of interest lor cnildren as do nets and other animals. Yet, because they often know so little of their ways and needs, children cause- their pets discomfort and sometimes thoughtlessly mistreat mem. Kindness is one of the simple words of our language yet, a word of such force that its applications exerts an unlimited infuence on life it self. A child is inherently Kina, needing only training to develop its character. Most people, in a sense, are kind, but only a few of them are actively sc-the great ma jority content in not causing pain, lo be sure there are animal protection societies, but unless cases of cruelty are reported to them, thev cannot fulfill the entire scone of their work. Here are a few wavs of kindness by which the lives of our animals may be made more comfortable. Always uncover cased birds each morning. Provide clean drinking water for all pets or animala for whom you are responsible. Do not keen a dog chained up too long and on too short a lead. Provide shelter and protected beds in cold weather. Make provision tor tne care of pets when you are on holiday. ON KINDNESS TO ANIMALS They have no voice to ask us, For the pity which they need. With shame they cannot task us Howe'cr their hearts bleed. They cannot ask for kindness Or for our mercy plead, Yet cruel is our blindness Which does not see their need. World-over, town or city, God trusts us with this task; To give our love and pity To those who cannot ask. Edgar A. Guest may 'Burn Problem' Set At Phoenix Today j The Jackson- Josephine Counties Fireman Instructors association will present its ! second "burn problem" slart ! ing at 10 o'clock this morning j in conjunction with the Phoe I nix fire department. All fire departments are In vited to the session, which will be held at 205 B St., Phoe nix. Anyone interested In go ing through the training is asked to bring protective clothing and smoke masks, If possible. The association also Is planning now for the Flam mable Liquid school to be held in the White City area May 11 and 12. between the Supreme Court and the Legislature. The Supreme Court would pro pose rules of court procedure and submit them to the Leg islature. A rule would go inlo effect only if it had not been rejected by legislative resolu tion, and the Legislature could provide other rules by statute. A State Law Commission could also be established by statute to advise the governor on judicial selection, the Supreme Court on rules of procedures, and to give sys tematic study to needed changes in substantive law. In these provisions the Con stitutional Revision Commis sion made use of recommend ations made by the 1959 Leg islative Interim Committee on Judicial Administration, among other modern studies of good judicial systems. The result is a judicial article con sistent with the aim of the revised Constitution to adapt to Oregon's experience the best present proposals for a modern state government. (Next: The Bill of Rights.) TAX WORK MADE EASY Rant ei Lease e Adding Machine e Typewriter e Calculator VOIGHT'S 8th & Grape Easy Parking 772-4100 GrMtt Stamps WEEKS &ORR kv y- a See for .yourself . . . authentic styling, masterful craftsmanship, wonderful value ... choose by the piece or by the roomful in mellow nutmeg maple finish. Fine furniture at prices to please the most thrifty. 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