Opinion

Searles v. Board of Parole

  • 349 Or. App. 642
Court
Court of Appeals of Oregon
Filed
May 13, 2026
Status
Unpublished
Cited by
0 cases
Authority
More cited than 40.6%

recognizing that ORS 14.175 “leaves it to the court to determine whether it is appropriate to adjudicate an other- wise moot case under the circumstances of each case”

How later courts described this case

  • recognizing that ORS 14.175 “leaves it to the court to determine whether it is appropriate to adjudicate an other- wise moot case under the circumstances of each case”

Written by the judges who cited it.

The opinion

642 May 13, 2026 No. 424

This is a nonprecedential memorandum opinion

pursuant to ORAP 10.30 and may not be cited

except as provided in ORAP 10.30(1).

IN THE COURT OF APPEALS OF THE

STATE OF OREGON

JASON CAINE SEARLES,

Petitioner,

v.

BOARD OF PAROLE AND POST-PRISON SUPERVISION,

Respondent.

Board of Parole and Post-Prison Supervision

A186168

Submitted April 7, 2026.

Ernest G. Lannet, Chief Defender, Criminal Appellate

Section, and Sara F. Werboff, Deputy Public Defender,

Oregon Public Defense Commission, filed the brief for

petitioner.

Dan Rayfield, Attorney General, Benjamin Gutman,

Solicitor General, and Michael A. Casper, Assistant Attorney

General, filed the brief for respondent.

Before Tookey, Presiding Judge, Kamins, Judge, and

Jacquot, Judge.

PER CURIAM

Petition for judicial review dismissed as moot.

Nonprecedential Memo Op: 349 Or App 642 (2026) 643

PER CURIAM

In this judicial review of a final order of the Board of

Parole and Post-Prison Supervision, petitioner assigns error

to the board’s imposition of a 90-day jail sanction, arguing

that sanction violated OAR 213-011-004, the administra-

tive rule governing the sanctions the board may impose.

Petitioner acknowledges that his challenge is “probably

moot” because his term of post-prison supervision (PPS)

expired while this judicial review has been pending but

requests that we review his claim pursuant to ORS 14.175,

as an error capable of repetition but likely to evade judi-

cial review. We conclude that petitioner’s challenge is moot,

decline to review his claim under ORS 14.175, and dismiss

the petition for judicial review.

“[W]hen it becomes clear that resolving the merits

of a claim will have no practical effect on the rights of the

parties, an appellate court may dismiss [a case] as moot.”

Dept. of Human Services v. P. D., 368 Or 627, 496 P3d 1029

(2021). However, under ORS 14.175, we have discretion to

review a party’s otherwise moot claim if we determine that:

“(1) The party had standing to commence the action;

“(2) The act challenged by the party is capable of rep-

etition, or the policy or practice challenged by the party

continues in effect; and

“(3) The challenged policy or practice, or similar acts,

are likely to evade judicial review in the future.”

ORS 14.175; Couey v. Atkins, 357 Or 460, 522, 355 P3d 866

(2015) (recognizing that ORS 14.175 “leaves it to the court to

determine whether it is appropriate to adjudicate an other-

wise moot case under the circumstances of each case”). “In

determining whether to exercise our discretion, we consider,

among other things, the adversarial nature of the parties’

interests, the effect of the decision on both the parties and

others not before the court, judicial economy, and the extent

of the public importance of the issues presented.” NewSun

Energy, LLC v. Public Utility Comm., 336 Or App 515, 522,

561 P3d 1135 (2024), rev den, 373 Or 815 (2025) (internal

quotation marks omitted).

644 Searles v. Board of Parole

We conclude that the expiration of petitioner’s PPS

term renders his claim on judicial review moot, as a deci-

sion on that claim can no longer have any practical effect

on his rights. Further, assuming without deciding that the

board’s decision that petitioner challenges satisfies the cri-

teria in ORS 14.175, petitioner has not persuaded us that we

should exercise our discretion to review his moot claim, and

we decline to do so. Accordingly, we dismiss the petition for

judicial review.

Petition for judicial review dismissed as moot.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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