Garst v. Myers

951 P.2d 142, 326 Or. 186, 1997 Ore. LEXIS 595
CourtOregon Supreme Court
DecidedDecember 18, 1997
DocketSC S44621
StatusPublished

This text of 951 P.2d 142 (Garst v. Myers) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Garst v. Myers, 951 P.2d 142, 326 Or. 186, 1997 Ore. LEXIS 595 (Or. 1997).

Opinion

DURHAM, J.

In this original proceeding, petitioner challenges the ballot title for a proposed initiative measure. Petitioner is an elector who, in a timely manner, submitted written comments about the Attorney General’s draft ballot title pursuant to ORS 250.067(1). Accordingly, petitioner is entitled to seek a different title in this court. ORS 250.085(2). We modify the ballot title and, as modified, certify it to the Secretary of State.

1. The Attorney General certified the following ballot title for the measure:

“AMENDS CONSTITUTION: CREATES OREGON JUDICIAL COUNCIL TO REGULATE, DISCIPLINE JUDGES AND LAWYERS
“RESULT OF YES’ VOTE: Yes’ vote creates Oregon Judicial Council, composed of nonlawyers, to regulate and discipline judges, lawyers.
“RESULT OF ‘NO’ VOTE: ‘No’ vote retains system of regulation by Supreme Court, State Bar, and Judicial Fitness Commission.
“SUMMARY: Amends Constitution. Currently, Supreme Court oversees regulation and discipline of lawyers by State Bar, judges by Judicial Fitness Commission. Measure creates Oregon Judicial Council as exclusive body to do so. Council would consist of ten elected nonlawyer members. Council would regulate, investigate and discipline judges and lawyers. Council could submit investigatory information to enforcement agencies where criminal activity may be involved, and could authorize formation of special grand jury to review complaints about judge, lawyer. Post-investigation Council meetings, records would be public. Requires implementing legislation.”

In this proceeding, petitioner challenges each part of the Attorney General’s ballot title. This court reviews the ballot title for substantial compliance with the requirements of ORS 250.035. ORS 250.085(5).

[189]*189THE CAPTION

ORS 250.035(2)(a) requires a ballot title caption of not more than 10 words that “reasonably identifies the subject” of the measure. Petitioner argues that the Attorney General’s caption incorrectly focuses on the fact that the measure would “create” an Oregon Judicial Council. She contends that the true subject of the measure is the replacement of the Oregon Supreme Court and other existing regulatory agencies with a new council that would possess exclusive jurisdiction over professional regulation of lawyers and judges. She proposes the following ballot title caption:

“AMENDS CONSTITUTION: JUDICIAL COUNCIL REPLACES SUPREME COURT, AGENCIES TO PERFORM LISTED DUTIES”

The Attorney General argues that his caption correctly focuses on the “creation” of a new council. He also criticizes petitioner’s proposed caption because it fails to inform the voters of the new council’s functions, and argues that telling the voters that the new council would “replace” this court in performing “listed duties” could mislead them into believing erroneously that the council would supplant this court in its entire constitutional role.

We agree with parts of each party’s argument. Petitioner is correct that the Attorney General’s caption fails to advise the voters that the new council would replace this court as the final authority in the regulation of lawyers and judges. That is the main subject of the measure. The Attorney General’s caption captures part of that subject — the “creation” of the new council — but fails to convey the measure’s full subject, as described above. See Phillips v. Myers, 325 Or 221, 226, 936 P2d 964 (1997) (Caption was subject to modification because it gave “undue attention to one aspect of the proposed measure at the expense of a full description of the general subject of the measure.”). As a result, the Attorney General’s ballot title does not comply substantially with ORS 250.035(2)(a).

The Attorney General is correct in that a brief description of the new council’s chief functions is more helpful to the voters than the phrase “listed duties.” We conclude [190]*190that the caption can convey the measure’s subject, including the new council’s principal duties, within the statutory word limit. Accordingly, we modify the caption, as follows:

AMENDS CONSTITUTION: NEW COUNCIL REPLACES SUPREME COURT IN REGULATING, DISCIPLINING JUDGES, LAWYERS

RESULT STATEMENTS

ORS 250.035(2)(b) and (c) require that a ballot title include two “simple and understandable” statements, not exceeding 15 words each, that describe the result of approval or rejection of the measure. In Phillips, 325 Or at 227, this court said that “it has been the court’s practice to make conforming changes to the Result Statements when modifying a Caption.” Relying on Phillips, petitioner urges that we make conforming changes to the result statements here. The Attorney General’s “yes” vote result statement suffers from the same defect that this court corrected in modifying the caption. Unless the court modifies that statement to eliminate the defect, the Attorney General’s “yes” vote result statement will not comply substantially with ORS 250.035(2)(b). The Attorney General’s “no” vote result statement requires no modification.

Accordingly, we modify the “yes” vote result statement, as follows:

RESULT OF ‘YES” VOTE: ‘Yes” vote creates new council to replace Supreme Court, agencies in regulating, disciplining judges, lawyers.

SUMMARY

ORS 250.035(2)(d) requires that a ballot title include a “concise and impartial statement of not more than 85 words summarizing the measure and its major effect.” Petitioner argues that the Attorney General’s summary improperly fails to mention that, under section (l)(c)(4)of the measure, the new council would acquire

“exclusive power and jurisdiction to:
[191]*191“(4) Ensure ‘due process, equal protection and equal treatment under the law,’ and that integrity and truth prevail at all times in the judicial system.”

Petitioner emphasizes that some disclosure of that new authority is necessary because, under section (l)(a) of the measure, the new council’s authority would “supersede” the duties of this court, the Oregon Judicial Fitness and Disability Commission (hereinafter the Commission), and the Oregon State Bar (hereinafter the Bar) in the enforcement of the significant constitutional rights mentioned in section (1X0(4).

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Related

Phillips v. Myers
936 P.2d 964 (Oregon Supreme Court, 1997)
Ransom v. Roberts
791 P.2d 489 (Oregon Supreme Court, 1990)
Ascher v. KULONGOSKI (ELECTIONS DIV. 46)
909 P.2d 1216 (Oregon Supreme Court, 1996)

Cite This Page — Counsel Stack

Bluebook (online)
951 P.2d 142, 326 Or. 186, 1997 Ore. LEXIS 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/garst-v-myers-or-1997.