The Oregon Tax Court judge has denied my motion to disqualify him from my tax refund case. That case is Re v. Department of Revenue, TC 4973. As a result of that denial, I intend to file a Petition in the Oregon Supreme court, asking the Supreme Court to required the tax court judge to disqualify himself. At the same time I file that Petition, I will also file motions to disqualify all seven of the Supreme Court justices because they are also PERS members and they have the same disqualifying conflict as the Tax Court judge.
My law suit asks for a refund of that portion of the property taxes I paid in 2010 that will be used to pick up PERS employee contributions. Oregon’s constitution, as amended by Ballot Measure 8 in 1994, prohibits the pick up of employee PERS contributions. I am arguing that 1996 Oregon Supreme Court decision that invalidated Ballot Measure 8 is void because all of the justices were disqualified from deciding that case.
My Petition to the Supreme Court and my Motions to disqualify all of the current justices will require the court to specifically address the issue of PERS judges deciding PERS cases for the first time. In the past, that decision was made without objection by any of the parties. Of course, the person who should have objected on behalf of the people of Oregon was the Oregon Attorney General, who was also a PERS member. I hope the court’s decision will result in the restoration of fundamental fairness to PERS decision making in Oregon.