Our court system is designed to achieve justice for all through an impartial judiciary, court procedures that honor constitutional rights, and the willingness of citizens to serve as jurors. Our legal system is based on the premise that all people are created equal before the law and that the justice system must be open and fair to all.

The justice system involves all three branches of government. These are the executive, judicial, and legislative branches. The roles of judges and jurors in the judicial system make up an important part of this unique system that allows us to enjoy our constitutional rights as American citizens.

What exactly does a judge do?
A judge’s role includes many responsibilities. On a regular basis, judges will:

• Ensure the Rule of Law. Judicial decisions are based on our laws, not on outside influence, not even public opinion. The role of the judges is very different from those in the executive and legislative branches of our government. Although it is important for lawmakers to consider the views of their constituents when deciding public policy, judges must remain impartial when deciding cases. Judges should never represent one group or another or express preference for one policy over another. If they did, they would not be fair and impartial.

• Research and apply laws to protect consumers.

• Balance private and public rights.

• Make sure both sides receive a fair hearing.

• Mediate between parties and settle disputes.

• Ensure that every citizen has their day in court by keeping the courts working and cases moving through the court system. The average circuit court judge handles more than 400 filed cases each year.

• Conduct sentencing and issue legislatively prescribed punishment.

• Write opinions. This is particularly true of appellate court judges, those on the supreme court and the court of appeals, and those who do not preside over trials. Their review of a case is limited to the court record made in the lower court. Appellate judges spend their time hearing oral arguments, researching the law involved in a case, conferring about cases and writing opinions.

Who holds a judge accountable?
Judicial independence does not mean that judges have free reign.

• If judges make errors in their decision, they can be corrected by a higher court of appeal.

• If they act unethically they are subject to disciplinary action, including removal from office. In Oregon, there exists a Commission on Judicial Fitness and Disability. The commission consists of three judges appointed by the Supreme Court, three lawyers appointed by the Oregon State Bar and three citizens appointed by the governor. The commission investigates complaints of misconduct by Oregon judges, as defined in the Oregon Constitution and the Rules of Judicial Conduct. For more information on the Commission on Judicial Fitness and Disability, click here:
  http://bluebook.state.or.us/state/judicial/judicial36.htm

• And, of course, citizens can vote at election time whether or not to retain a judge when his or her term is up.

What are the different types of courts and judges?

• Supreme Court: The Supreme Court of Oregon consists of seven justices elected by nonpartisan statewide ballot. These justices are elected to serve six-year terms. Supreme Court justices must be United States citizens and members of the Oregon State Bar and must have resided in Oregon for at least three years. Supreme Court justices primarily review decisions of the Oregon Court of Appeals.

• Oregon Court of Appeals: The Court of Appeals was created in 1969 as a five-judge court. It was expanded to six judges in 1973 and to ten in 1977. Judges are elected on a statewide, nonpartisan basis for six-year terms. Court of Appeals judges must be United States citizens, members of the Oregon State Bar and qualified electors of their county of residence. The chief justice of the Supreme Court elects a chief judge among the Court of Appeals judges. Court of Appeals judges hear all civil and criminal appeals, except cases involving the death penalty and appeals from the Tax Court.

• Circuit Court: The circuit courts are the state trial courts of general jurisdiction. Circuit court judges are elected on a nonpartisan ballot for six-year terms. They must be United States citizens, members of the Oregon State Bar, residents of Oregon at least three years and residents of their judicial district at least one year.

For more information on these different types of courts and judges in Oregon, click here: http://www.ojd.state.or.us

What does electing a judge on a statewide, nonpartisan basis mean?
In Oregon, we vote for judges without any knowledge of their political or philosophical standings. This is because judges must remain impartial and cannot run for office under any political party affiliation. Each election cycle, voters are asked to make choices for judicial candidates. Their choices will elect the men and women who will preside over many of the community’s most difficult issues. These judges will be charged with ensuring that the courts offer a fair and impartial hearing, and that the laws of the state are followed in hundreds of civil and criminal court cases. Ultimately, they will make decisions impacting the future of families, friends, businesses, neighbors and children.

These are important choices. They are also a challenge for voters, because judicial candidates do not "campaign" like other political candidates. This is with good reason. Once elected, judges are charged with deciding what the law says, rather than ruling based on personal beliefs. Limiting campaign speech ensures that they are not bound to any special interest groups, or any previous statements. So, they evaluate each individual case on its merits. This history of nonpolitical judicial races is rooted in the U.S. Constitution, and is a basic underpinning of our democracy.

How do I know which judge to elect?
Following is a sample of what is available to voters, and some clues about how to evaluate the information. Some of this information can be found in the Voters Guide Campaign Statements, including the candidates’ education, work history, and community service. Other information may require some research on the voter’s part, including endorsements, editorials, and bar poll results. To make the most informed choice, a voter should look at all of these factors together.

Candidate Profiles. Many judicial candidates have completed detailed questionaires for the OSB listing professional background and thoughts on the judicial role.

Education. Judicial candidates will always have a law degree, referred to in the resume as a J.D. (Juris Doctorate), or simply a Law Degree. There is no difference in these degrees. You may want to also look at when they graduated from law school, and also at what the candidates’ undergraduate degrees are. These can offer clues as to their background and interests.

Oregon State Bar admittance. The date a candidate was admitted to the Oregon State Bar tells you how long he or she has been a lawyer in Oregon. In order to be admitted to the bar, candidates must pass the bar exam, as well as a character and fitness examination. To remain active members and stay current on the law, they must take a minimum number of Continuing Legal Education classes each year.

Work History. The resumes in the voter’s guide offer some of your best information about the candidates’ history and experience. How long have they been practicing law? How much trial work have they done? Is there a list of prominent clients? Did they work primarily in criminal or civil law? If criminal, did they prosecute or defend? If civil, did they represent businesses, nonprofits, municipalities, or individuals?

While this history might offer some clues as to candidates’ perspectives, bear in mind that in this race you are seeking a candidate to fulfill the judicial function, which is to put aside their personal views and rule impartially. Judges from every field of discipline can and do take that responsibility seriously. Regardless of what kind of law they practice, voters should seek a candidate who is fair and balanced, and committed to evaluating each and every case individually and based on the law.

Community Service. Candidates will often list their community service history in their statements, or in their advertisements. These may demonstrate their community involvement and commitment, and may also indicate which issues they are particularly committed to.

Personal Statements. Occasionally, a candidate may include a personal comment in their candidate statement or in public advertising. This is typically something they’ve carefully thought out, and reflects an important personal message about what they’re offering you, the voter. Remember that this statement, like all other campaign materials, is subject to the rules for judicial campaigns. Essentially, they cannot make pledges or promises that could inhibit the faithful, impartial and diligent performance of the duties of office. This means they cannot comment about crime, civil law, social issues, or any other issue that may surface in a courtroom.

Endorsements. Candidates will often seek endorsements from community organizations, politicians, and/or prominent local leaders. The number of endorsements is one indicator of community support. Which individuals and organizations are making the endorsements may also be significant. Voters can get a list of endorsements by calling a candidate’s office.

Editorials and newspaper articles. Community newspapers usually offer analysis of judicial races on the news pages. Many papers will also endorse one candidate in each race on its editorial page. These are useful tools, primarily because newspapers have more time and resources to "do their homework" than does the average voter. They have respected contacts in the legal community whom they can call for input. They can research a candidate’s past decisions, or major cases they’ve worked on. And in some cases, they’ve come to know candidates by covering their trial work or other professional activities in the past. Still, bear in mind that these endorsements ultimately reflect the opinion of one small group of editorial writers. It’s a helpful piece of information, but just one tool among many. You can find these editorials by checking the paper each day, or by calling the editorial page editor of the paper to ask whom they’re endorsing. Many of the larger papers also have their editorials posted on their web sites.

Oregon State Bar Preference Poll. Each election cycle, the Oregon State Bar polls its members on their preferences in judicial races. The idea is that the lawyers in a local community are often in a unique position to assess their colleagues on a professional basis. They’ve often worked closely with candidates professionally, and can analyze their history, scholarly ability, judicial temperament, and ability to be fair and balanced in a judicial setting.

For Circuit Court races, the bar polls just the lawyers in the county in which the candidate is running. In statewide races, such as the Supreme Court, the bar polls all of its membership. The preference poll results are released several weeks prior to election day. Results can be obtained by calling the state bar or checking our web site. They are often reported in local newspapers as well.

Public Appearances. During the campaign, candidates frequently make public appearances at community meetings such as Rotary or Kiwanis Clubs. Voters get a chance to meet the candidates and get a sense of their style and personality. They will often answer questions about their work history and their community commitment. They cannot answer any questions that may indicate or influence how they might rule from the bench. This is to ensure that they are not bound to those statements, and can rule impartially if elected. To find out if there are any public appearances scheduled, contact the candidate’s office, or check your community newspaper’s calendar for event and speaker listings.

Case Histories. For voters who have time to do some homework, many candidates have at least a few cases that can be used to analyze their professional expertise, personal leanings, penchant for balance, and in some cases their temperament or ability to consider all sides. Sitting judges who are seeking reelection or promotion to a higher bench often have written opinions that can give readers a sense of their qualifications and professionalism. For lawyers seeking their first appointment to the bench, voters can seek information about major cases they’ve worked on throughout their career. Both of these histories can be researched at the library, or the archives of community newspapers.

For more information, visit the Secretary of State website.

• Voting in Oregon
• Judicial Selection – Who’s to Judge?
• The Who, What and Why of Oregon Laws
• Who Represents Your Interests in Government?

For more information, visit the
OSB Public Affairs Pages