As reported in the 5th Update on my fight to reinstate Ballot Measure 8, after the Oregon Tax Court judge denied my motion to disqualify him from hearing my tax refund case due to his PERS membership, I filed a petition in the Oregon Supreme Court to require the tax court judge to disqualify himself. I also filed a motion to disqualify all of the Oregon Supreme Court justices due to their PERS membership.
On March 25, 2011, the Oregon Supreme Court disposed of both of my action in a one page decision in which it denied the motion to disqualify the justices and the petition to disqualify the Tax Court judge. The Supreme Court gave no reason for taking those actions and it does not have to do so. It simply said no to each request I had made.
What the court’s action says, however, and it says it loud and clear is that as far as the judges are concerned Oregon PERS judges who have a direct, personal financial interest in the outcome of a case can decide the case. They can do that even though it is prohibited by Oregon law (ORS 14.210), by the Oregon Code of Judicial Conduct and by the Due Process Clause of the US Constitution. Since the court did not write an opinion explaining how it reached that conclusion, we do not know why it did so.
This, though, is not the end of this matter. If I am going to be denied my right to an independent judge to decide my tax refund case, I want to know why and I will initiate further action to get that answer. It now convinced that I will have to go to federal court to get that information. I will keep you updated on what happens next.
If you support the actions that I am taking, I need your help. The State of Oregon has millions of taxpayer dollars to use against me in this fight and it will use them. Please send a non-taxable contribution which will be used to support this effort to:
In RE The People, Inc., 70 SW Century Drive, Ste 100 – 365 Bend, OR 97702