Oregon State Bar Judicial Voters Guide 2010

Transcription

1 Oregon State Bar Judicial Voters Guide ) Full name: Sally Lou Avera 2) Office Address and Phone Number: Polk County District Attorney s Office Polk County Courthouse 850 Main Street Dallas, OR (503) X ) Web site (if applicable): 4) List high school, college and law school attended, including dates of attendance, degrees awarded and your reasons for leaving each school if no degree from that institution was awarded. John Swett High School Crockett, CA (Diploma awarded 1968) Hoglanskolan Bromma, Sweden (AFS Exchange Student) University of California at Davis ; BA Economics, BA History (Asian) Willamette University ; Student Teaching and other courses needed to obtain Oregon secondary social studies teaching certificate. Willamette University College of Law ; Juris Doctor

2 5) List employment since graduation from law school, including dates employed, your position and the nature of the practice or activity. A. Partner in Private Practice with Avera & Avera, Dallas, Oregon 9/77-12/84 (Criminal defense trial practice, juvenile, domestic relations, business, probate, property, contracts, general civil practice). B. Contract Public Defender with State Public Defenders Office, Salem, OR 9/84-9/85 (Represented indigent criminal defendants on appeal of felony convictions). C. Deputy Public Defender with State Public Defenders Office, Salem, OR 9/85-7/89 (Represented indigent criminal defendants on appeal of felony convictions). D. Acting Oregon State Public Defender, Salem, OR 7/89-4/90; Oregon State Public Defender, Salem, OR 4/90-4/98 (Administrator of State Public Defenders Office; responsible for 50-75% active misdemeanor, parole and felony appeals caseload - including aggravated murders; performed some trial work in post-conviction relief and habeas corpus proceedings; supervised attorney staff of more than 20; prepared and presented agency budget to Joint Ways & Means; represented agency before legislative committees). E. Deputy District Attorney for Polk County, Dallas, OR 4/98-4/99 (Served as criminal prosecutor and represented state in juvenile delinquency and dependency proceedings). F. Attorney in Private Practice, Dallas, OR 1/00-11/01 (Practice limited to juvenile and criminal appeals). G. Staff Attorney-Workers Compensation Board, Salem, OR 11/01-7/04 (Reviewed ALJ decisions on de novo appeal and prepared proposed opinions for consideration by Workers Compensation Board). H. Assistant City Attorney for the City of Salem, Salem, OR 4/05-11/07 (Trial and de novo appeal prosecutor). I. Senior Assistant Attorney General, Department of Justice Appellate Division, Salem, OR 12/07-12/08. (Represented the State of Oregon in death penalty, criminal, habeas corpus, involuntary mental commitment and postconviction relief appeals; assigned to death penalty post-conviction relief trial team). J. Chief Deputy District Attorney for Polk County, Dallas, OR 1/09-Present (Represent the State of Oregon in misdemeanor and felony prosecutions and other matters; supervisor).

3 6a) List state and federal bars, courts and administrative bodies to which you are presently admitted and the date of admission. Oregon State Bar - September 1977 United States Court of Appeals for the Ninth Circuit - February b) List any previous admissions, including dates, and the reason why you are no longer admitted. None. 7) List publications and/or articles you have authored. Drafted a portion of the 1989 OCDLA manual on search and seizure. Jointly drafted the Appellate Update materials for 1989 OSB Criminal Law Section Conference. Drafted Search and Seizure Update materials for OCDLA Conference ) List community, teaching or civic activities. A. Served as Chair of 12 th Judicial District Juvenile Services Advisory Commission. B. Represented the Salem Legal Department in new-hire training for Salem Police Department C. Volunteer guest instructor assisting in the training of reserve law enforcement officers at the MVRT Academy (Mid-Valley Reserve Training Academy) on the subject of trial preparation and practice. D. Regularly assist in Polk County law enforcement training on subjects such as preparation for trial and developments in search and seizure law. E. Continuing Legal Education Speaker before OSB Criminal Law Section (1989) and Oregon Criminal Defense Lawyers Association (1989, 1990) F. Speaker in many high school classrooms on criminal and constitutional law topics over the course of the last 32 years. G. For several years it was my pleasure to spend time at Strader Fields, the Dallas Kid s Inc. baseball facility, as the junior of two volunteer scorekeepers and announcers during season and tournament play. (The primary announcer, who put in substantially more hours than I did, was known as The Voice I was The Whisper ). H. Active in faith-based volunteer opportunities.

4 9) What is the general character of your practice? Indicate the nature of your typical clients and mention any legal areas in which you concentrate. My practice is focused on the prosecution of criminal and probation violation cases, although I am occasionally called upon to represent the state in juvenile, child support, mental commitment, post-conviction relief, and drug court matters. I also perform administrative functions within the DA s office including supervising attorney staff and assisting law enforcement officers and agencies with cases not yet assigned for prosecution. 10) What percentage of your practice is litigation? 90% 11) Do you regularly appear in court? Almost daily. 12) What percentage of your litigation practice in the last five years was in: Federal Trial Courts: 0% Federal Appellate Courts: 0% State Trial Courts: 34% [If Municipal Courts are included within the definition of this term, the figure would rise to 79%]. State Appellate Courts: 20% Administrative Bodies: 1% 13)Describe your litigation practice in the last five (5) years and address both the courts and types of cases. In the last five years I have litigated criminal cases before the Salem Municipal Court, Marion County Circuit Court, Oregon Court of Appeals, Oregon Supreme Court, and Polk County Circuit Court. In addition, I have represented the state in probation violation and mental commitment proceedings before the Polk County Circuit Court, represented the state on appeal of mental commitment, post-conviction relief and habeas corpus proceedings, and worked on a team preparing for trial in a death-penalty post-conviction relief proceeding pending before the Marion County Circuit Court.

5 14) Describe any appellate court experience not included above. While a law student, I clerked for the Oregon State Public Defenders Officer and had the opportunity to brief approximately 25 criminal cases for consideration by the Oregon Court of Appeals. While in private practice I briefed and argued three civil appeals. As a contract Public Defender, Deputy Public Defender, Acting State Pubic Defender and State Public Defender I presented hundreds of criminal and parole cases to Oregon s appellate courts. 15) Describe any experience serving as an arbitrator or mediator. None. 16) State the approximate number of cases you have tried to conclusion in courts of record during each of the past five years (or longer period, if you desire), indicating whether you were sole, associate or lead counsel. Estimates: September -Dec as sole counsel * as sole counsel * as sole counsel * (serving as appellate advocate) as sole counsel January-September as sole counsel * During this period I served as a prosecutor for the City of Salem, appearing regularly before Salem Municipal Court, which is not a court of record. While employed in that capacity I tried approximately 150 cases to jury verdict before the Municipal Court. The asterisked numbers reflect only cases in which matters were appealed by the defense and tried de novo before the Marion County Circuit Court.

6 17) State the approximate number of cases you have handled in state and federal appellate courts in the last five years, indicating whether you were lead or co-counsel. Include citations of reported cases. I have handled no cases in federal appellate courts in the last five years. I represented the state as lead counsel in approximately 60 cases presented to state appellate courts during the period from December 2007-December Most were affirmed without opinion. I argued one matter as Special Assistant Attorney General after my departure from the Department of Justice. Citations for the reported cases are as follows: State v. Vasquez-Villagomez, 346 Or 12, 203 P3d 193 (2009) State v. Bayer, 229 Or App 267, 211 P3d 327 (2009) State v. Snyder, 220 Or App 440, 186 P3d 324 (2008) State v. Cobb, 224 Or App 594, 198 P3d 978 (2008) State v. Foland, 224 Or App 649, 199 P3d 362 (2008) State v. Williams, 232 Or App 303, 222 P3d 31 (2009) In the Matter of M.S.M., 224 Or App 474, 197 P3d 626 (2008) State v. Mathis, 232 Or App 286, 222 P3d 39 (2009) State v. Mendoza, (March 24, 2010) State v. Doak, (May 19, 2010) State v. Gardner, (June 30, 2010) In the Matter of M.S.M., 224 Or App 474, 197 P3d 626 (2008) 18) List any experience you have as a pro tem or municipal judge, and the names of the courts you have served. Approved as Circuit Court Judge Pro Tem in fall Served in Polk County Circuit Court to cover criminal docket while elected circuit court judges attended judicial conference.

7 19) List all bar association memberships, offices held and committee assignments. A. Member 12 th Judicial District Bar Association (Polk & Yamhill); Served as Treasure, Vice President and President. B. Member Polk Lawyer s Association (predecessor to Polk County Bar Association); Served as President; Current member current Polk County Bar Association. C. Member Oregon Criminal Defense Lawyers Association (OCDLA) from its inception to April 1998; Served on OCDLA Board of Directors, Legislative Committee, and Education Committee; Member of Board of Directors. D. Member Oregon Appellate Rules Committee E. Member of Oregon District Attorneys Association (ODAA); Served on 2009 Legislative Committee. F. Member of Oregon State Bar Association (OSB); Have previously served as Vice-Chair and Chair Uniform Criminal Jury Instruction Committee; Member Public Service and Information Committee; Member Press & Bar Committee; Member Workers Compensation Section; Current member Criminal Law Section and Appellate Section. 20) Have you ever been convicted of or pleaded guilty to a violation of any federal, state, county or municipal law, regulation or ordinance? If so, please give details. Do not include or parking offenses or traffic violations for which a fine of less than $500 was imposed. No. 21) Have you ever been the subject of a formal disciplinary proceeding as an attorney? If so, please give the particulars and the result. **Include only proceedings that were authorized for prosecution by the SPRB. No. 22) Why do you want to be a judge? Over the course of the last 32 years I have worked as both a trial-level and appellate-level civil and criminal attorney. In addition, I have served as a Staff Attorney for the Workers Compensation Board drafting proposed opinions for consideration by the Board. My professional career has taught me how difficult advocacy and neutral decision-making can be. In my personal life, I have known many whose personal or business lives were permanently altered by the decision of a trial or appellate court,

8 outcomes that were correct applications of the law, but were inadequately explained and consequently difficult for those involved to accept. I would like to serve my community by applying the experience and perspective gathered throughout my nearly 33-year career by providing that link between capable decision making and the parties understanding of applicable law. On a personal level, as demonstrated by my career path, I have always embraced change, challenge and opportunities for professional growth. 23) Briefly describe your philosophy of the judicial role, the qualities that are most important for the role, and the greatest challenges to the role. The court system should serve as an open and transparent means for litigants to obtain relief according to law and in a manner that affords each a fair opportunity to be heard. To achieve this goal, it is important that a judge not only be a capable and experienced attorney, but also that he or she be a thoughtful listener and communicator. Those who come before the court should be informed about the process early on, so that each may understand what will occur and when, and form realistic expectations about how the case will likely progress. As each case is ongoing, parties must be offered opportunities for resolution and clearly informed about the reason for any decision made by the court. When the process of litigation is shrouded in mystery, the life-crisis that brought the parties to the courthouse is only exacerbated. 24) Briefly describe a case, or a legal issue on which you worked, of which you are particularly proud, or which is reflective of your legal ability, work ethic, judicial philosophy, or temperament. In 2008 I was assigned as lead counsel to represent the state on direct review to the Oregon Supreme Court in State v. Vasquez-Villagomez, 346 Or 12, 203 P3d 193 (2009). Vasquez and another individual had been charged in Multnomah County with aggravated murders for which the death penalty was sought. Following evidentiary hearing, the assigned circuit court judge concluded that police lacked probable cause when the warrantless arrest of both defendants was made. Consequently, the trial judge granted defense motions to suppress evidence obtained following arrest, including inculpatory statements. An expedited briefing schedule was ordered. I reviewed the record, performed the necessary legal research and prepared the opening brief, arguing that under the totality of the circumstances as presented by the state s evidence at hearing on the defense motions, an objectively reasonable basis for the arrest of both men existed. On the state s behalf, I asserted that because police had not violated the defendants rights under Article I, section 9 of the Oregon Constitution or the Fourth Amendment of the United States Constitution in arresting them, the evidence thereafter obtained was admissible. The case was orally argued in January 2009.

9 Less than 90 days later, the Supreme Court unanimously decided the case in the state s favor, concluding that the arrests were authorized by law and that the evidence suppressed by the Multnomah County Circuit Court was admissible. Both defendants cases were remanded for trial. Mr. Vasquez- Villagomez later entered pleas of guilty to aggravated murder and murder for the two deaths he caused. He is serving a life sentence, with possibility of parole after completing a 30-year prison term. His co-defendant, Mr. Zamora- Camacho entered pleas of guilty to two counts of manslaughter in the first degree. From a lawyer s perspective this was a challenging case, one in which experience as a trial and appellate advocate from both sides of the aisle made a real difference. 25) Briefly describe an issue, related to Oregon's justice system, that concerns you, or that you have interest in working toward improving. I am very much concerned with trial delays in both the criminal and civil docket. While some cannot be helped (as for example when experts reports or crime lab results have not been received by the parties), others may be managed effectively by early assignment to a trial judge, setting deadlines for settlement or other resolution, and asking that parties stick to those deadlines. I am also disturbed by the impact that budget reductions have placed on the ability of Community Corrections to do all that it would like with respect to supervision of misdemeanants on probation. We all need to think outside the box to find solutions. For some, straight jail may be the most effective answer. For others, courts must continue to explore creative alternative sanctions. 26) Briefly describe a legal figure, personal, fictional or historical, whom you admire and why. For several years I had the great privilege of appearing before and administratively interacting with Oregon Court of Appeals Chief Judge George Joseph. The Chief was sharp, had a tremendous memory for facts, a facility with the law, an analytical gift for cross pollinating legal concepts, an innate sense of fair play, and a wicked sense of humor. He remains the best writer and editor I ve ever met. There was no unnecessary word in any document he authored, including personal notes. George Joseph s opinions are intellectually honest not result driven. They are the high-water mark in clarity and accessibility. As important as his considerable analytical skills, Chief Judge Joseph was a kind, decent, self-effacing person. He treated all who appeared before him with respect. No case or attorney was more or less important than another. He had a knack for identifying attorneys inexperienced with the intellectual rigors of appellate work, but offering their best effort. His questions to them

10 from the bench were patient and designed to provide each an opportunity to make his case. At the same time, the Chief guided the litigator toward the area of the appellate court s concern regarding asserted errors made by the circuit court judge. Appellate attorneys with substantial experience often got a rougher ride, but always with a smile and a nod of assurance that their positions were heard and understood. The Chief could be a tough task master, but was always the consummate teacher. 27) State any other information that you regard as pertinent to your candidacy. 34 year Polk County resident. 32+ years of balanced professional history the only candidate to have worked as both a trial-level criminal defense attorney and trial-level prosecutor for more than five years, and as an appellate-level advocate from both sides of the aisle; the only candidate with aggravated murder experience from perspective of both defense and prosecution. Endorsed by both sitting Polk County Circuit Court Judges. Endorsed by Dallas Police Employees Association. For other individual endorsements, please see