On August 23, 2012, oral arguments were held in the Oregon Court of Appeals in the case of Daniel C. Re v. PERS.  This case challenges the validity of PERS administrative regulations involving PERS benefits for judges.   All elected Oregon judges automatically become PERS members the minute they take office.  The issue is whether Court of Appeals judges who are PERS members can decide PERS cases when their personal PERS benefits are at stake in the case.  This is the first time in the history of Oregon this issue has been contested.

I was very impressed with the preparation of the judges hearing the case.  They knew exactly what the issue was and what position each party was taking on that issue. They asked very relevant questions, including what the procedure would be used if they disqualified themselves.  I am confident that the judges are taking the issue of their qualification to decide the case seriously and that their opinion will directly address that issue.

It is unknown when the court will issue its opinion on the case.  Each party was given an additional 14 days to provide additional authority in support of its position.  I am hopeful that the opinion will be published before the end of 2012.  I will publish an another UPDATE on the case once there is more information available.


About Dan Re

I am an attorney who has lived in Bend and practiced law since 1981. In educating myself about the Oregon Public Employees Retirement System (PERS), I was shocked at how the PERS laws were changed by the legislature, once legislators were allowed to join PERS in 1971, 26 years after PERS was first created. Those changes personally benefitted the legislators who made them at the direct financial expense of the people they were elected to represent. That is wrong and I intend to change it. In 2009, I started a non-profit 501(c)(4) corporation, In RE The People, Inc., for the purpose of informing concerned citizens of what happened regarding PERS and other issues of social and civic importance. I then created this blog to further that objective.
This entry was posted in Ballot Measure 8, fundamental fairness, Oregon judges, Oregon PERS and tagged , , , , . Bookmark the permalink.

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