On October 17, 2013, responses were filed to COID’s motions to disqualify the Justices of the Oregon Supreme Court and the Special Master appointed by the Supreme Court to propose facts upon which the SB 822 litigation will be determined. Responses were filed by certain PERS members who are suing to have SB 822 declared invalid, by the City of Portland, by the League of Oregon Cities and, most surprisingly of all, by the State of Oregon. All of the responses argued that the Supreme Court Justices and the Special Master should not be disqualified despite the fact that all of them are PERS members and their retirement benefits may be reduced if SB 822 is upheld. Basically, these parties prefer to have the SB 822 case decided by judges who are PERS members rather than by judges who are impartial.
The fact that the State of Oregon filed a response is surprising because it’s the role in the case is to defend SB 822. It is hard to imagine that your chances of successfully defending a law in court is better when the judges who will decide the case may very likely lose money if the law is upheld. But that is what the State has done.
COID now has until October 24, to file a reply to those responses and then the Supreme Court will rule on COID’s motions.