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." His name would
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PLENTY OF FREE PARKING
. ; ,
appear on the ballot with the
question: "Shall Judge (name)
be retained?"
At present, judicial elec
tions are theoretically contest
ed between competing candi
dates. In practice, such con
testa are very rare, and the
voters are in effect deprived
of their right to vote on re
taining, a judge unless some
lawyer decides to run against
the incumbent. The Commis
sion decided that this right of
popular review should not be
left to the initiative of bar as
sociations or ambitious indi
viduals, nor is the perform
ance of judicial office an ap
propriate subject for an elec
tion campaign between com
peting aspirants.
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.)
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