# Circuit Court v. AFSCME Local 502-A

> Oregon Supreme Court · August 31, 1983 · 295 Or. 542

URL: https://www.frixlaw.com/law-library/cases/9549093

## Case

- **Full name:** CIRCUIT COURT OF OREGON, FIFTEENTH JUDICIAL DISTRICT, JUVENILE JUDGE, HONORABLE RICHARD L. BARRON Et Al, Petitioners on Review, v. AFSCME LOCAL 502-A, Respondent on Review
- **Court:** Oregon Supreme Court
- **Decided:** August 31, 1983
- **Citations:** 295 Or. 542; 669 P.2d 314; 115 L.R.R.M. (BNA) 2179; 1983 Ore. LEXIS 1502
- **Precedential status:** Published
- **Opinion:** Concurrence by Peterson
- **Judges:** Linde, Peterson, Campbell, Roberts, Carson, Jones
- **Cited by:** 25 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9549093

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9549093. Public record. Not legal advice.