Letters to the editor LGO teaser

I would like to give some context related to the judicial race and Senate Bill 807. Up until the recent passage of SB 807, a lawyer was allowed to remove up to two judges in each case without having to show any evidence of bias. Under the previous statute, ORS 14.260(1), a judge could not realistically challenge a lawyer’s claim that the judge was biased.

While this law generally works, it is subject to abuse by district attorneys who occasionally remove a judge from every criminal case. This is referred to as a blanket disqualification. While most judges are not blanket disqualified, a district attorney’s ability to wield this power — without ever having to appeal a judge’s decisions — is a threat to judicial independence.

Judges must be independent of such pressure. Would you want a judge entertaining this thought in your case? “If I do what I believe is legally correct under the facts of this case, I might get removed entirely from the criminal docket.”

It is for this reason — the chilling effect on judges, not just those blanket disqualified — Republicans and Democrats overwhelmingly passed SB 807 into law, including Rep. Bobby Levy and Sen. Bill Hansell. SB 807, effective Jan. 1, 2024, allows the judge to challenge a blanket removal by the district attorney. Should the judge do so, the attorney, in a public hearing, must provide evidence and prove that his or her belief that the judge is biased, is reasonable.

Judge Williams’ challenge of this new law will likely be the first of its kind. I know from his 22 years practicing law, sometime in front of me when I was a judge, that he will not take the challenge lightheartedly. He will go into it fully prepared and intending to win. He does not have the time to devote to this first of its kind hearing until the election is over.

Jeffrey Wallace

Retired circuit court judge

The Dalles