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39 Willamette L. Rev. 1439 (2003)
A Proposal for Change

handle is hein.journals/willr39 and id is 1449 raw text is: A PROPOSAL FOR CHANGE RICHARD WILLIAM RIGGS* I. INTRODUCTION I will not repeat what has been said about the impact that poli- tics, money and other influences have had on the selection and reten- tion of Oregon's judiciary.' In my thirty-five years as a lawyer, of which I have spent twenty-five years serving as a judge at all levels of the state judiciary, I have always believed that our system has been fair and has resulted in a top-quality judiciary throughout the admini- strations of both republican and democratic governors. Through ob- servation and personal experience, I have reluctantly concluded that our world has changed. Without pro-active efforts to propose means of avoiding the pressures of the changed political climate, we may be left with a system that is vulnerable to moneyed interests gaining the ability to buy judicial offices. I make the following proposal in the context of my observation of state judicial elections in Oregon and elsewhere, as well as through my own experience as a candidate for the Oregon Supreme Court. During my 1998 candidacy, my principle opponent, Robert Tiernan, received the majority of his campaign funding from three conserva- tive businessmen.2 Ultimately, Tiernan spent approximately $230,000 between both the primary and the general elections. Fortu- nately, my campaign coordinators anticipated that my opponent would raise a sizable amount of money. To respond it was necessary * Associate Justice, Oregon Supreme Court, 1998-current; Oregon Court of Appeals, 1988-1998; Multnomah County Circuit Court, 1978-1988. J.D., University of Oregon, 1968; B.A., Portland State University, 1961. 1. For a recent history of Oregon judicial elections, see generally Paul J. DeMuniz, Poli- ticizing State Judicial Elections: A Threat to Judicial Independence, 38 WILLAMETTE L. REV. 367 (2002), and Paul J. DeMuniz, Judicial Selection in Oregon: Money, Politics, and the Ini- tiative Process, this issue at 1265. 2. Tiernan's primary supporters were Loren Parks, a medical equipment manufacturer; Mark Hemstreet, owner of the Shilo Inn motel chain; and Robert Randell, a real estate devel- oper. Ashbel S. Green, Tiernan Withdraws from Supreme Court Race, OREGONIAN, Sept. 5, 1998, at Al. 1439

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