Editorial: Sercombe for Supreme Court seat

Published 5:00 am Wednesday, April 18, 2012

Races for the Oregon Supreme Court traditionally don’t draw the number of voters who cast ballots for, say, U.S. senator, and that’s unfortunate. The judges on the state’s highest court are the men and women who decide what the law means, and what they decide can have an impact on the rest of us. That makes choosing the right person for a Supreme Court seat every bit as important as selecting a senator.

While two positions will open up on the court this year, there’s a contest only for the Position 3 seat. Judge Dave Brewer is running unopposed for the Position 2 seat held by Chief Justice Paul DeMuniz.

All three candidates — Judge Tim Sercombe, Judge Richard Baldwin and attorney Nena Cook — would bring different qualifications to the high court; Sercombe stands out as the one likely to be most valuable there.

Sercombe serves on the Oregon Court of Appeals, one of the busiest appellate courts in the United States. Gov. Ted Kulongoski appointed him to that court in 2007. Since then, he has written at least 200 majority opinions. He has a full understanding of the appellate process and the difference between the two courts.

A former lawyer in Eugene, Sercombe attended the University of Oregon law school, graduating first in his class. His early career was varied. As time went on, he says he focused more and more on laws unique to Oregon, including those governing land use in this state.

Baldwin, a circuit court judge in Multnomah County, has been on the bench 11 years. He worked at Multnomah Legal Aid, later at the Oregon Law Center, and then in private practice. He is one of a small number of judges who can hear cases for the state’s new Complex Litigation Court, which is designed to assure that expert judges oversee the state’s most complicated civil trials.

Cook, meanwhile, is a partner in a large Portland law firm and has concentrated on business law and professional liability cases. She attended law school at Willamette University and serves as a pro tem judge in Multnomah County.

In part, it’s Sercombe’s experience on the Court of Appeals that gives him the edge in this race. An appellate judge’s job, either on the Court of Appeals or the Supreme Court, is a far cry from that of a trial court judge or a practicing attorney. He understands the difference — knowledge that would no doubt make him an effective member of the team from the beginning.

The state’s highest court is likely to face some complicated issues in the years ahead, from privacy rights in the age of the Internet, smartphone and other technology, to the limits on police when they stop a suspect. It could use the kind of training and background Sercombe would bring to it when deciding those cases.

In this judicial race and others, the Oregon State Bar Association’s guide to the candidates can be a useful resource. Go to www.osbar .org and click on the voting guide tab.

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