Guest Post: Judge Recommendations in Jackson County, Oregon

We elect our judges in Oregon. 

How are non-lawyers supposed to know who to vote for?

There is a better answer than counting who has the most lawn signs on arterial streets. You could ask a lawyer, or better yet, a judge who has observed the candidates up close in the courtroom. I asked Joe Charter what he thought.

Joe Charter is the Jackson County Justice of the Peace, a position he held from 2004 until 2020, when he was elected to the Circuit Court. He was re-appointed to the Justice of the Peace position by the Oregon governor in January 2024. The Justice Court handles traffic and municipal code violations for seven cities in Jackson County. While at the Circuit Court in 2021-2023, Charter heard primarily juvenile and family law matters. Charter worked with Judge Orr in the Juvenile Court for more than a year, and is well aware of the docket problems caused to court operations by requested recusals and disqualifications of judges.

Joe Charter

Guest Post by Joe Charter.

There are two contested judicial races that I would like to call to your attention. Friends often ask me for my recommendations. 

Johan Pietila v. David Orr: Recommendation PIETILA
I am supporting Johan Pietila, even though Judge Orr is the incumbent. Judge Orr’s campaign committee is called “Justice Without Politics” and his Voters Pamphlet Statement says that he values “keeping our courts free from political influence.”

However, in 2016, he was listed in the Republican party’s voter guide, and Republican Party Headquarters in Medford conducted get-out-the-vote calling parties on his behalf. I have many Republican friends, but I think politicians’ actions should be consistent with their public statements.

2016 Republican Voter Guide

 Judge Orr’s Candidate Statement also says that he is “qualified to hear all types of cases . . ..” In fact, he is disqualified from hearing “virtually all criminal cases filed in Jackson County Circuit Court,” and has been since July of 2021. See the November 11, 2022, "District Attorney had Judge Orr removed from all criminal cases." Medford Mail Tribune article. District Attorney Beth Heckert testified that Judge Orr mishandled five cases, including a sexual abuse case. She also testified that Judge Orr failed to follow Oregon law and is biased in favor of criminal defendants. Recusals of Judge Orr by the RISE Law Group created havoc in case assignments for most of the two and a half years I served on the Circuit Court bench. RISE claimed "disparate treatment."

I personally observed that Judge Orr’s handling of some juvenile cases resulted in significant delays.

In addition, Pietila won roughly 57% in a recent poll of members of the bar, which amounts to a “no confidence” vote against Judge Orr by over half the respondents.

Many of those endorsing Pietila, including the Jackson County District Attorney, worked extensively with David Orr when he was at the DA’s office and found him difficult to work with. Pietila has the personality and temperament that will make him a collaborative colleague and a patient judge. He has a mix of criminal and civil experience, and has served in leadership roles for accessing legal services and the local bar.

Some will vote for incumbents simply because they are already in office. Just because you’re already a judge doesn’t mean you’re a good judge. For further information, go to Pietila's website.

Christine Herbert v. Joe Davis: Close call. Both good. Edge goes to HERBERT.

I have seen both these lawyers in court, and they are both good lawyers. They are running for an open seat created by Judge Tim Gerking’s retirement. Both have been actively involved in local community service activities. I believe that Mr. Davis’s criminal law experience was primarily more than 20 years ago in Multnomah County. His current practice is primarily family law.

Ms. Herbert has handled high-profile criminal cases, including murder cases, in recent years. She also has experience in both family law and juvenile law, which means that she has broad experience in all major areas of cases heard by the court. She has served on the board of Rogue Retreat, which has made a significant impact on homelessness in the valley. She has also been active in exploring potential solutions to the current public defender crisis. Herbert is supported by three sitting Circuit Court judges, which will add to the collegiality on the bench.

I recognize that Joe Davis won the bar poll over Herbert. Joe Davis is a familiar name; he is the son of a former judge. Nevertheless, and although it is a close call, I believe the breadth and difficulty of the legal matters she has handled makes Ms. Herbert the better-qualified candidate at this time. In addition, equity favors her election. Although more than 50% of law students are women, only 30% of Jackson County Circuit Court Judges are women. Your vote can help equalize that imbalance. Herbert has a campaign page on Facebook and her law office website.

 

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