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This page contains a single entry from the blog posted on January 11, 2006 5:24 PM. The previous post in this blog was Happy Birthday. The next post in this blog is He couldn't stay away. Many more can be found on the main index page or by looking through the archives.

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Wednesday, January 11, 2006

Film at 11 -- not

Some breaking news in my e-mail inbox:

It's official -- we'll vote on a Portland city income tax in May. The City Council will refer a measure to voters. So says Super Vicki in a press release this afternoon.

Surprise -- Jack Roberts is apparently going to run for Oregon Supreme Court against Virginia Linder. Even though he said he wouldn't might not run against a woman.*

It's over -- the recall campaign against Judge Mary Mertens James, who invalidated Measure 37, has petered out.

We return you now to your regularly scheduled surfing...

* UPDATE, 1/12, 1:00 a.m.: As the exchange in the comments below reveals, Jack Roberts never said that he would not run against a woman. In fact, he said something vaguer than that on the subject. The details are in the comments. Apologies for the confusion.

Posted at 5:24 PM | Bookmark and Share

Comments (23)

Jack, I never said I wouldn't run against a woman. I said that if a woman ran and it looked like she would win if I didn't run then I might not run.

The problem is that Virginia Linder and Eugene Hallman are both running and it is by no means certain that Judge Linder would win even if I didn't run.

I have also heard from a lot of people who believe diversity is about more than gender. We can also use a little diversity in philosophy and life experience. Simply elevating another court of appeals judge (we have five on the Supreme Court already) or a lawyer from the attorney general's office (we have three of those) does not necessarily result in diversity because it is a female rather than a male.

Having said that, I continue to believe Judge Linder is a fine judge and would make a good Supreme Court justice. But I believe the voters should be given a choice. After all, our last two governors had the chance to put a woman on the bench yet their last two appointments went to men.

So just to ask, whats your source for the Jack Roberts news?(other than his implied admittance that he's running up above)

A little bird told me... 8c)

if a woman ran and it looked like she would win if I didn't run then I might not run.

From the interview I was remembering:

Gullyborg:

I read in the paper that you would consider dropping out if a well-qualified woman were to enter the race?

Jack:

Those were the words that they used. What I actually told them was, if a really strong woman candidate came in who looked like she had a good chance of winning, I might not run. That would be because then it would be a more contested race… and the problem is, I don’t know who that woman would be, but if there was someone there, then I think it would be a legitimate issue and I’d have to take a look at it.

So I take it Judge Linder either is not "a really strong woman candidate" or does not have "a good chance of winning"?

""""It's over -- the recall campaign against Judge Mary Mertens James, who invalidated Measure 37, has petered out."""""
Petered out?
The way I heard it was SOS Bill Bradbury voided 10,000 valid signatures for not having the intiative number on the pages before they were signed.
Is it all about forgeries or stopping public votes?

Yawn. It's over, Wendy. You spin it however you want.

maybe the people wanting to recall James should recall Bradbury first...

Or... maybe the people wanting to recall her should "recall" the whole judicial system.

According to the Eugene Register-Guard, Steffens and pals say "they wanted to show judges and the government that citizens won't tolerate court rulings that don't conform to the voters' will".

What do we need judges for anyhow? We'll just conduct weekly polls and rule according to whatever direction the political wind is blowing. Constitution, schmonstitution. If the people want it, then it must true, right, and just.

I need to start collecting signatures for a ballot measure requiring the state to give every citizen a five pound box of JaCiva's finest. Anyone who gets in the way of the will (and chocolate lust) of the people be damned.

Okay, Jack, what part of "I might not run" and "I'd have to take a look at it" are you having trouble with? I never said I wouldn't run if a woman ran. I put off making my decision for two months after Judge Linder made her announcement precisely to consider the factors I mentioned.

I think you need to seek elsewhere to find the latest fix to support your cynicism habit. It is precisely this tendency to misrepresent statements and lift them out of context that makes people in the public arena reluctant to speak openly and honestly about their plans and intentions.

this tendency to misrepresent statements and lift them out of context

The material I quoted in the comment above was a direct question, and an answer that you gave, right on point. I hardly "lifted" anything "out of context." It is the full question and answer, and I linked to the full interview.

As for my original post, I am sorry I read your Clintonesque interview answer so carelessly.

I am disturbed that the gender of one's potential opponent plays any role in whether or not one will run for public office.

Ellie, neither I nor Jack Roberts first raised that issue. It was raised by others in two interviews he gave last year. What I addressed here was the consistency of his action now with an answer he gave then.

Of course, that's not exactly what Jack Roberts said over on BlueOregon.

Therefore, if Judge Linder demonstrates the ability to be a strong candidate with a good chance to win, I would be inclined not to make this race. However, Gene Hallman has a head start and a strong organization raising money and getting endorsements for him.

I believe I can overcome this, but Judge Linder needs to demonstrate that she can. I will be watching her campaign to see if she does this before making a final decision as to what I intend to do. In any event, I am encouraged that she is thinking of running and I wish her the best.

So, it appears that Jack's decided that Ginny can't beat Gene Hallman.

[Disclaimer: I'm going to be launching Hallman's website any day now.]

"I think you need to seek elsewhere to find the latest fix to support your cynicism habit. It is precisely this tendency to misrepresent statements and lift them out of context..."

Geez, Jack R., you might want to work on a judicious attitude if you hope to be on the court.

Give the guy a break. It was late at night, and I did misquote him. But it was an accident.

In any event, not an auspicious start to the campaign.

We definitely need judges; I would even be so bold as to say an independent judiciary. But I think there is a real question about whether we have that. I heard Dan Meek say that the Oregon Supreme Court made up facts to side with Bradbury in the Nader election case, and Greg Kafoury say that law clerks in Salem were calling it the Bush v. Gore of Oregon. I think the MM James recall was a bad idea because it distracts attention away from the bigger picture and the real issues. Judges can certainly thwart "the will of the people" to strike down an unconstitutional law. It is MM James' constitutional anaysis that worries me. Also, recall is meant to apply to corrupt, not incompetent judges. We hear the same refrain coming from the O about the Portland police who failed to investigate the second hand store theft ring: they are incompetent, not corrupt. I think , though, that when there is widespread incompetence in high places, corruption lurks somewhere close by.

Cynthia wrote
""""Also, recall is meant to apply to corrupt, not incompetent judges""""""""

If the Oregon Supreme Court throws out all of Judge James' decision points with an opinion that the judge stepped outside the constitution herself.

Incompetence is one thing but suppose Judge James knew exactly what she was doing in stepping outside the constitution. Would that not be a form of corruption?

I am not accusing but simply curious.

Is it not possible for a judge or any public official to deliberately step outside the bounds of their responsibility thereby committing maleficence worthy of recall?

Or is there any level of incompetence that is on par with maleficence?

You should read James' opinion at measure 37 .com. I have been practicing for almost 30 years and it is one of the wackiest rulings i have ever seen. the judge simply makes up the law. any first year law student would find it incredulous. her confusion concerning whether the people can limit the legistature by constitutionally provided public vote is insane. think a minute..what state wide statutory initiative doesn't address or have some effect on the power of the legislature..it is a STATUTORY INITIATIVE..it must effect the power of the legislature by definition ..it is as if the people in portland vote to overturn the public financing of elections and the city commissioners do it anyway..she completely emasculates the referendum process..in short, it is a fine example of the tyranny or the judiciary that some judges seem to ascribe to..the people do not know what is good for them and i do...what arrogance...with respect to the equal protection argument, the judge either doesn't understand the initiative or needs to take 1st year constitutional law. She basis this ruling upon whacko ruling number 1 and compounds it by not being able to distiguish between those who purchased before the regulation and those who purchased after with knowledge of the limitations on the use of the property.. in summary, this was a hatchet job..done with a blunt edge...

SS and RW: Both of your comments make sense to me. I see it as a hatchet job and over the line in terms of ethics. My disgust is compounded by the fact that MMJ-before her appointment to the bench- allowed herself to be recruited to run Judge Ed Fadeley off the bench. IMHO and the opinion of others of many polictical persuasions, Fadeley was about as independent and competent of a jurist as we have had in the state in recent years. He wasn't subject to political manipulation and, therein, methinks, lies the problem. People ought to be alarmed: I once had a client whose father was from the old Yugoslavia; he said he had lived under some of the most notoriously corrupt regimes on earth and had seen nothing quite like the Oregon court system.In is opinion, Oregon is up there with the worst.

Fadeley was about as independent and competent of a jurist as we have had in the state in recent years.

Wow.

Steve, My guess is that there is intent for a hatchet job somewhere, probably with the lawyers that influenced James. But it would be hard to prove and a recall campaign just allows people who don't deserve the moral high ground to take it. After all THEY wouldn't interfere with a matter before the court. Yeah?

At least Fadeley, whom I believe was first in his law school class, seemed actually to read the briefs submitted in a case and to make decisions on the merits rather than on the political correctness of the lawyer or the claim.

Sorry for the afterthought: Someone I read recently used the term "Boobris" to refer to those who don't quite merit a finding of hubris. I would apply that to most of the judges on our appellate courts. I wouldn't be so nice to the crowd that controls judicial selection.

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In Vino Veritas

Chandler Reach, Monte Regalo 2006
Elk Cove, Pinot Gris 2008
Kirkland, Columbia Valley Merlot 2008
D'Aragon, Old Vine Garnacha 2008
Columbia Crest, Walter Clore Private Reserve 2005
Pavin & Riley, Merlot 2006
David Hill, Estate Pinot Noir, Barrel Select 2006
Castle Rock, Paso Robles Cabernet 2006
Magnificent, Cabernet, Steak House 2008
Conundrum 2008
Beaulieu, Cabernet, Rutherford 1998
Saint Cosme, Cotes-du-Rhone 2007
La Granja, Tempranillo 360, 2008
Santa Rita, Mendalla Real Cabernet 2006
Columbia Crest, Grand Estates Merlot 2006
Andezon, Cotes-du-Rhone 2007
Collegiata, Montepulciano d'Abruzzo
Troon, Druid's Fluid 2008
La Granja, Tempranillo 2008
Monte Antico, Toscana 2006
Vieux Papes, Blanc de Blancs
Beaulieu, Georges De Latour Cabernet 1995
Scott Paul, Pinot Noir, La Paulée, 2006
Woodbridge, Chardonnay
Paranga, Kir-Yianni 2005
L. Guigal, Cotes du Rhone Rose 2007
Newman's Own, Cabernet 2007
Chateau Ste. Michelle, Columbia Valley Merlot 2005
Monte Antico, Toscana Red 2006
Saint Cosme, Cotes-du-Rhone 2007
Vins Auvigne, Macon-Fuisse 2007
Vina Gormaz, Tempranillo 2007
Chandon, Brut Classic
Dom Martinho, Tinto 2005
Chateau St. Jean, Cabernet, California 2007
Kirkland, Napa Cabernet 2007
Revelry, The Reveler, 2007
Joseph Drouhin, Chablis 2006
Altos Las Hormigas, Mendoza Malbec 2008
Alodio, Ribeira Sacra Mencia 2007
Charles Smith, Kung Fu Girl Riesling 2008
Kiona, Lemberger 2006
Chateau Ste. Michelle, Columbia Valley Merlot 2005
Gloria Ferrer, Sonoma Brut
Kirkland, Napa Valley Meritage 2006
Abacela, Tempranillo 2006
Woodward Canyon, Columbia Valley Red
Santa Margherita, Pinot Grigio 2007
Mas Donis Barrica, Celler de Capcanes Red, 2005
Three Rivers, Merlot 2006
Raptor Ridge, Pinot Gris 2008
Lezaun, Rosado, Navarra
Lezaun, Red, Navarra
Hedges, Three Vineyards, Red Mountain 2005
Raptor Ridge, Pinot Gris 2008
Vega Sindoa, Cabernet-Tempranillo 2006
Inama, Soave Classico 2007
Alois Lageder, Lagrein Rosato 2008
Broglia, Gavi 2007
Marqués de Cáceres, Rioja Rose 2008
Spaltagna, Riserva Pinot Noir 2008
Portuga, Rose 2008
Warre's Warrior Port
Lange, Pinot Noir 2007
Chateau Guiraud, Le G, 2007
Falset, Garnacha Rose, Montsant 2006
Castello di Bossi, Chianti Classico 2004
Domaine Chandon, Pinot Noir, La Riviere Sonoma 2006
Brazin, Old Vine Zinfandel, Lodi 2006
B.R. Cohn, Silver Label Cabernet 2006
Casillero del Diablo, Cabernet 2007
Gentil Hugel, Alsace 2006
Mesoneros de Castilla, Ribero del Duero, Rosado 2008
Cor, Momentum 2007
Santa Margherita, Pinot Grigio 2006
Rubico, Lacrima di Morro d'Alba 2007
Gilstrap Brothers, Reserve Merlot 2003
Conundrum 2007
Chandler Reach, 36 Red
Santa Rita, Reserve Cabernet 2005
Marietta, Old Vine Red Lot 47
L'Ecole No. 41, Recess Red 2006
Dom Martinho, Red 2004
Beaulieu, Georges Latour 1994
Caymus, Cabernet 1995
Columbia Winery, Merlot 2005
Bergevin Lane, Columbia Valley Cabernet 2005
Savigny-les-Beaune, Les Lavieres 2003
David Hill, Reserve Merlot, Rogue Valley 2006
Educated Guess, Cabernet 2006
Maquis Lien, Red 2005
Charles Smith, Kung Fu Girl Riesling 2007
David Hill, Farmhouse White
Robert Mondavi Solaire, Cabernet 2005
Castello Monaci, Liante, Salice Salentino 2006
Ricardo Santos, Malbec 2006
Quinta da Espiga, Tinto 2006
Charles Smith, Holy Cow Merlot 2006
Charles Smith, Boom Boom Syrah 2006
Charles Smith, The Honorable Pinot Gris 2007
Santa Rita, Cabernet Reserva 2005
King Estate, Pinot Gris 2007
Gloria, Douro, Tinto 2002
Bogle, Petite Sirah Port, Clarksburg 2005
Cardwell Hill, Pinot Noir 2004
Silkwood, Red Duet Cabernet-Syrah 2004
Portuga, Vinho Branco 2006, 2007
Osborne, Solaz 2004
Santa Rita, Cabernet, Reserva 2005
Penfold's, Koonunga Hill, Shiraz Cabernet 2006
Chateau Ste. Michelle, Cabernet, Indian Wells 2004
Chateau Ste. Michelle, Merlot, Horse Heaven Hills 2004
Hannah Nicole, Red 2004
Penfold's, Koonunga Hill Shiraz Cabernet 2005
Protocolo, Red 2005
Woodbridge, Chardonnay 2006
Portuga, Vinho Branco 2006
Beaulieu, Cabernet, Rutherford 1998
Beaulieu, Cabernet, Rutherford 1996
Kirkland, Roogle Shiraz 2004
Garda, Classico Chiaretto
A to Z, Oregon Pinot Gris 2005
I Giusti & Zanza, Nemorino 2006
Treana, Marsanne-Viognier, Central Coast 2005
Fife, Syrah, "Stanford" 2000
B.R. Cohn, Silver Label Cabernet 2005

The Occasional Book

Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 0
At this date last year: 0
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In 2006: 100
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In 2003: 269
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