The US Supreme Court’s recent activism should make us question the role of judges in public life. In the first days of law school, students learn that the function of judges is to interpret the law, just as it is the role of the legislature (and people) to make laws and the executive branch to enforce them. Recently, we have seen examples of judges who simply fail to follow the existing law, believing they know better. As public servants, judges have the duty to be reliable, to approach their work with appropriate humility, and to seek justice impartially.
Reliability. When I asked my wife what people would want to know about me as a judge, she immediately replied, “They want to know that you’re not crazy.” Reliability is important for that obvious reason – people deserve conscientious and thoughtful public servants and they want a functional court system that interprets the law consistently. We don’t fund enough courts in Oregon or the federal system. This means that many people who deserve a trial don’t get one in a timely manner. An effective judge shows up and works hard to make sure as many people as possible get a timely resolution of their cases.
Judges must also interpret the law the same way for similar sets of facts. This consistency also helps people resolve their disputes outside of court, because they know the likely outcome in court. It’s not the judge’s job to make the law, just to interpret it. The Supreme Court’s recent decisions should make us question whether the federal judicial system is failing in its basic duty of consistent results to serve the public, or whether it has just become another political branch of government.
Humility. Mark Twain once wrote “When I was a boy of fourteen, my father was so ignorant I could hardly stand to have the old man around. But when I got to be twenty-one, I was astonished at how much he had learned in seven years.” Indeed, as Twain implies, experience gives us a better, fairer perception of the world. I find that 47 years of life, 28 years of military service, 24 years of being a lawyer, 19 years of being a husband, and 16 years of being a father mostly help me remember how little I know and how much I have to learn. If we’re paying attention, experience should bring humility and appreciation that our own perspective is limited. Experience helps a judge see the limits of their own perspective and pay close attention to the facts and their meanings.
Equal Justice. The phrase, “Equal justice under law,” is engraved above the entrance to the US Supreme Court. I’ve served many places where those with power are the only people who can successfully access the courts and I've worked to change that. While the US justice system is fat from perfect, it is our great strength that we aspire to achieve equal justice. As a legislator, I’ve endeavored to make sure the system works for everyone, from expanding access to legal assistance to insisting that we fulfill our constitutional obligation to ensure everyone accused of a crime has a lawyer. Perhaps most importantly, I’ve always demanded that the government itself must follow the law – a critical distinction between a dictatorship and a democracy. Justice is for everyone, not just the privileged few.
The public deserves judges that work hard, appreciate their limited role, and seek equal justice. While we elect state judges, they owe the public a duty of impartiality, not political advocacy. I hope we may return to that vision of public service in the judiciary.
A Note from Marty
You may notice that I avoid addressing specific hot topics in state politics lately. As a judicial candidate, I’m bound by the Code of Judicial Conduct (CJC). The CJC requires me to avoid making statements or commitments on issues that may come before the court. As the Circuit Court is one of general jurisdiction, I’m prohibited from making statements on a broad variety of topics. This is not to say that I don’t have opinions on the issues of the day, of course, but, were I to make a statement on them, I’d be prohibited from hearing a case on them in the future. Although I understand the reasons for the restriction, it makes it difficult to communicate with the voters.
Fortunately for the voters, my legislative record is clear on most issues. Judges are public servants. In my mind, that means they also have an obligation to communicate with the voters they work for. Rather than giving up on the column for the next few months, I’ve decided to refocus on issues of governance generally (like this week’s column) and issues that won’t come before the court.
Other News
From the City of Eugene
Temporary South Hills Fireworks Ban
In June 2021, Eugene City Council voted unanimously to temporarily ban all fireworks in the south hills, south from 18th Avenue and east of Agate Street through 2022. This ban was a necessary step for public health and safety. The ban includes legal fireworks like fountains, flitter sparklers, ground spinners and wheels. The temporary ban penalty is a fine not to exceed $500. The presumptive fine is $250.
City Ordinance (applying to all Eugene city locations)
Fireworks went on sale June 23 and can be sold through July 6. Consumer fireworks discharges within the Eugene city limits are restricted to July 3 and 4, and December 31 and January 1. Commercial public displays with the Eugene city limits are restricted to July 3-5.
Oregon Law Applying to Fireworks
Oregon law prohibits illegal fireworks, which include any firework that flies into the air, explodes, or travels more than 12 feet horizontally on the ground, throughout the entire city, without a permit. Fireworks commonly called bottle rockets, Roman Candles, and firecrackers are illegal in Oregon.
Eugene Springfield Fire has a Fireworks App (Fireworks Alert)
https://www.eugene-or.gov/120/Fire-and-Emergency-Medical-Services Look for the links to “Download Fireworks Alert App”. City officials receive the information along with the geo location from where the picture was taken. Reports will not result in immediate action. Information will be gathered and analyzed to identify areas of the community to target future education and enforcement efforts.
Background Fireworks Info
Fireworks are a traditional way to celebrate some holidays, but they can be noisy and an extreme fire hazard. Please be mindful of people in your neighborhood who may be sensitive to loud noises, due to PTSD or other conditions. Especially combat veterans, who deserve our every comfort after their service, can be impacted by the sounds and sights of illegal fireworks. Also many pets are lost each year due to reactions to fireworks.
To report illegal fireworks within the Eugene city limits, call 541.682.5111. To report within the Springfield city limits call 541.726.3714. The Eugene base fine for illegal fireworks is $250.
People often ask questions about sparklers. The Oregon State Fire Marshal’s website information states that wood core sparklers are considered legal retail fireworks and as such, would be subject to the new code. The 10-inch wire core sparklers are considered an unclassified item and not a firework and can be sold and used throughout the year.
More info at Oregon State Fire Marshal’s website at http://www.oregon.gov/osp/sfm
COVID-19
Pediatric Moderna and Pfizer vaccines are now approved for use in Oregon children ages 6 months and older. If you have specific questions, please reach out to your health care provider or call 2-1-1.
Vaccinations (including boosters) are available at:
COVID-19 Testing
At-home Test Kits
Each residential households in the U.S. is eligible to order free at-home antigen tests from the federal government. (Each household may place three orders, for a total of 16 free at-home tests per household). Place your online order here.
The Hult Center
RT-PCR test for COVID-19
Results typically within 2 hours
For patients 5+
Patients ages 5 -17 must be swabbed by an accompanying adult
UO's Monitoring and Assessment Program (MAP)
Individuals without symptoms can test inside McArthur Court. Appointments are strongly encouraged for asymptomatic testing. Book online here
Testing for individuals with mild symptoms, similar to the common cold, is available at the McArthur Court ticket booths. Individuals with symptoms should not go inside to test.
Symptomatic testing is offered as walk in only and available during limited hours.
Due to increased demand in testing, plan an hour for the check-in and testing process.
MAP test results are available within 2-4 business days. This is not a rapid test
This is available to all community members, not just UO staff and students.
For individuals who are experiencing symptoms and/or had a recent close encounter with a known positive case may access testing through Lane County Public Health or through your primary care provider. Testing locations are updated weekly online and include drive-thru testing options.
Always appreciate your thoughts Marty. Thank you for remaining in public service and continuing your newsletter! Go get 'em!
Excited to hear you are pursing the possibility of being a Circuit Court judge. I appreciate your service and leadership. You have my support
Laurie Swanson Gribskov