George v. Courtney

176 P.3d 1265, 344 Or. 76, 2008 Ore. LEXIS 8
CourtOregon Supreme Court
DecidedFebruary 2, 2008
DocketCC 07C-23988; SC S055663
StatusPublished
Cited by6 cases

This text of 176 P.3d 1265 (George v. Courtney) 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
George v. Courtney, 176 P.3d 1265, 344 Or. 76, 2008 Ore. LEXIS 8 (Or. 2008).

Opinion

*79 GILLETTE, J.

This is a case involving a challenge to the basis on which the Legislative Assembly has called itself into session for a special session scheduled to begin on Monday, February 4, 2008. 1 Plaintiffs, one of whom is a state Senator, are two Oregon citizens. Defendants are the President of the Senate, the Speaker of the House of Representatives, the Governor, and the Secretary of State (hereafter collectively referred to as “the state”).

Plaintiffs brought this action against the state in Marion County Circuit Court seeking a declaration that the Oregon Legislative Assembly’s plan to hold a supplemental “emergency” session in February 2008 was inconsistent with the biennial session provision set out in Article IV, section 10, of the Oregon Constitution. Plaintiffs’ theory was that an emergency legislative session can only be convened in response to a discrete, unforseen crisis constituting an emergency, that no discrete, unforseen crisis emergency existed and that, therefore, the Oregon Constitution does not authorize the Legislative Assembly to call the special session. The trial court dismissed plaintiffs’ case on the merits. Plaintiffs then appealed that judgment to the Court of Appeals, which in turn certified the appeal to this court pursuant to ORS 19.405(1). 2 We accepted the certified appeal and, for the reasons that follow, now affirm the trial court’s judgment.

The facts are undisputed. At the beginning of the 2007 regular legislative session, the Legislative Assembly adopted Senate Concurrent Resolution 1 (SCR 1). Among other things, the preamble of SCR 1 recited that the Public *80 Commission on the Oregon Legislature, 3 a commission created by the Legislative Assembly in 2005, had found after receiving testimony and reviewing documents on the frequency, length, and timing of Oregon’s legislative sessions, that

“the current structure of the legislative sessions does not provide sufficient predictability or certainty for the citizens of Oregon; and
“* * * even-year sessions will improve the legislature’s handling of complex policy issues and related fiscal matters [.]”

After resolving, in the first two sections of SCR 1, that the Legislative Assembly would adhere to certain schedules, timelines, and rules during the 2007 session, the resolution concluded with a final section addressing the findings noted in the preamble:

“Pursuant to the declarations made in the preamble of this resolution, the Seventy-fourth Legislative Assembly declares that an emergency exists and will continue through February 2008, and the members agree as follows:
“(a) In January 2008 the presiding officers shall provide notice to the Legislative Administrator of the intent to invoke ORS 171.015(1) so as to ensure that [a] special session shall convene on February 4, 2008.
“(b) The Legislative Administrator shall follow the special session protocol set forth in ORS 171.015.
“(c) Upon receipt of the notice described in ORS 171.015(1), so as to convene the special session on February 4, 2008, the presiding officers shall invoke the provisions of section 10a, Article IV[,] of the Oregon Constitution.
“(d) Upon convening the 2008 special session, the presiding officers shall ensure that the 2008 special session adjourns sine die no later than February 29, 2008, and that *81 the special session is limited to consideration of the most pressing fiscal and policy issues.”

In December 2007, plaintiffs initiated this action. Specifically, plaintiffs sought a declaration that, as framed by SCR 1, the emergency session of the Oregon Legislative Assembly then proposed for early February 2008 violated Article IV, section 10, of the Oregon Constitution. 4 Plaintiffs also sought a temporary injunction restraining (1) the President and the Speaker from convening their respective bodies for the session; (2) the Governor from signing any legislation passed during the session; and (3) the Secretary of State from receiving and recording any legislation enacted during the session.

In a memorandum of law supporting their injunction request, plaintiffs acknowledged that Article IV, section 10a, of the Oregon Constitution — a constitutional amendment referred to and approved by Oregon voters in 1976 — authorizes the legislature to convene itself “[i]n the event of an emergency.” Plaintiffs asserted, however, that the phrase, “event of an emergency,” means a specific, urgent circumstance, exigency, or pressing necessity that requires an immediate response — a situation, plaintiffs contended, that was not present in this case. They argued that,

“[w]hile the Legislative Assembly’s authority to decide what constitutes an ‘emergency’ necessitating a special session may be broad, the ‘event of an emergency’ language of Article IV, Section 10(a) is not devoid of meaning. If the voters intended that the ‘in the event of an emergency’ language of Article IV, Section 10(a) would have no objective meaning at all, then the provisions of Article IV, Section 10 limiting the Legislative Assembly to biennial sessions have been rendered meaningless. That conclusion would be contrary to the fundamental canons of constitutional construction and heretofore unbroken history of the history of [sic] legislative power in Oregon. The voters did not intend to abrogate Article IV, Section 10 when they voted to approve Article IV, Section 10(a). The Legislative Assembly may not schedule, one year in advance, an ‘event of emergency’ upon which to schedule a Supplemental Session.”

*82 On January 18, 2008 — shortly before the scheduled trial date for plaintiffs’ action — the President and the Speaker began the process to convene an emergency legislative session, as set out in ORS 171.015. 5 As a required part of that statutory procedure, the President and the Speaker submitted the following statement of justification for the session to their legislative colleagues:

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Related

State v. Sagdal
343 P.3d 226 (Oregon Supreme Court, 2015)
State v. Mills
312 P.3d 515 (Oregon Supreme Court, 2013)
State v. Harrell / Wilson
297 P.3d 461 (Oregon Supreme Court, 2013)

Cite This Page — Counsel Stack

Bluebook (online)
176 P.3d 1265, 344 Or. 76, 2008 Ore. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/george-v-courtney-or-2008.