Opinion

Circuit Court v. AFSCME Local 502-A

  • 295 Or. 542
  • 669 P.2d 314
  • 115 L.R.R.M. (BNA) 2179
  • 1983 Ore. LEXIS 1502
Court
Oregon Supreme Court
Filed
Aug 31, 1983
Status
Published
Author
Peterson
On the bench
Linde, Peterson, Campbell, Roberts, Carson, Jones
Cited by
25 cases

“ ‘[o]nly an outright hindrance of a court’s ability to adjudicate a case * * * or the substantial destruction of the exercise of a power essential to the adjudicatory function’ will render legislation constitutionally defective under Article VII (Amended), section 1”

How later courts described this case

  • “ ‘[o]nly an outright hindrance of a court’s ability to adjudicate a case * * * or the substantial destruction of the exercise of a power essential to the adjudicatory function’ will render legislation constitutionally defective under Article VII (Amended), section 1”
  • “[T]he legislature may enact laws prescribing the exercise of judicial powers * * * so long as it does not unduly burden or substantially interfere with the judiciary.” (Internal quota- tion marks omitted.)
  • referring to legislation as “Court Reform Act”
  • whenever possible, court construes statutes so as to achieve consistency

Written by the judges who cited it.

The opinion

PETERSON, J.,

concurring.

Although I agree with the analysis and conclusions of the majority, I write separately to express my concern as to the constitutionality of ORS 419.604(1). It purports to delegate to judges the duty to hire and set the salaries of juvenile counselors. No question has been raised whether they are “employees” of the judicial department, as defined in ORS 243.650(17). The record suggests, however, that they may be employees of the county.

*552 I question the constitutionality of ORS 419.604(1). If it charges personnel within one department of government with the responsibility to hire persons who may be employees of another department of government, it is likely unconstitutional. The majority opinion notes, 295 Or at 548, that this question has not been raised.

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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