OREGON SUPREME COURT WILL HEAR ORAL APPEALS ON DEATH SENTENCE, CONTRACT RIGHTS
March 9, 1999
Contact Gaye Vandermyn (541) 346-3133 or Maureen Shine (541) 346-3145
Editor’s note:
Please note this is a revised schedule. The afternoon hearing announced earlier is canceled. Camera crews should arrive early in case the court alters its scheduled opening at the last minute.
Media must observe Canon 3A(8) of the Oregon Code of Judicial Conduct for the Court of Appeals and Supreme Court. In brief:
Pooling photo coverage is required because only one still photographer and one video camera and technician are permitted in the courtroom. Media personnel in the courtroom must dress in a manner consistent with the attire required of attorneys appearing before the court.
Broadcast media representatives may not move about the court during proceedings. Recording equipment must be positioned before the session opens and must not be moved during proceedings.
[A copy of the complete text of Canon 3A(8) can be obtained from Mary Lawrence, professor, UO School of Law, Eugene, OR 97403, or call (541) 346-3848.]
EUGENE–The Oregon Supreme Court sitting in Eugene will hear oral arguments this week on two controversial cases appealing lower court rulings on a death sentence, on disbarring an attorney and an agency’s liability for the misdeeds of a contracted investigator.
The visit is an annual feature of the University of Oregon School of Law’s legal research and writing program. The cases reviewing protections afforded the Teacher Standards and Practices Commission from misdeeds of its contracted investigator and appealing the conviction and death sentence of Scott Dean Harberts will be heard Wednesday, March 10, during the morning session from 9 a.m. to noon. The court announced today (March 9) that it was canceling the previously scheduled afternoon hearing reviewing the trial panel’s decision to disbar attorney Raymond R. Smith. The court will convene in the Orlando J. Hollis Courtroom on the second floor of Grayson Hall (UO Law Center), 1101 Kincaid St.
The arguments are open to the public, giving local community members a rare opportunity to see the state’s highest court in action. Law students, who are required to attend the session as part of the first-year curriculum, will be given seating priority, after which public seating will be available.
"Attending a session of the Oregon Supreme Court provides a wonderful opportunity for law students and community members to see the court in action," said Rennard Strickland, dean, UO School of Law. "Hosting the justices is a great honor for the school and is an event that we eagerly anticipate."
The high court will hear oral arguments on the following cases and will render decisions on them within the next year:
• 9 a.m. State v. Harberts This is an automatic appeal of the conviction and death sentence. Attorneys for Harberts, who earlier was found guilty of three counts of aggravated murder in the death of two-year-old Kristina Hornych, will argue that the death sentence is unconstitutional and that the conviction should be set aside.
• 10:30 a.m. Welker v. Teacher Standards and Practices Commission. Judges will hear arguments on whether the Teacher Standards and Practices Commission, despite contract terms agreeing to hold the commission harmless, can be required to pay a judgment for $200,000 in damages. The damages were incurred by a private investigator who wrongfully released an investigative report he had prepared for the commission. At issue is whether indemnity rights can be waived by contract or whether such contract terms violate public policy and are, therefore, unenforceable. The commission contracted with Steven Welker to investigate allegations of sexual misconduct against Leslie Bradbury, a school superintendent. When the commission decided not to pursue charges, Welker improperly gave the investigative report to the original complainer who distributed it to Bradbury’s school board. Bradbury sought and received a judgment for $200,000 damages from Welker for wrongful release of the report. Welker settled with Bradbury by signing over his rights, including any right to indemnity by the commission. Bradbury, as Welker’s assignee, then sought to collect the money from the commission. The circuit court issued a summary judgment against Bradbury’s suit holding that since Welker’s original contract agreed to hold the commission harmless for any claims arising from his actions, Welker and, therefore, Bradbury, had no claim. The Court of Appeals reversed, holding that under the Oregon Tort Claims Act, there remain disputed issues as to whether Welker, despite the contract terms, did qualify for indemnity.
A hearing before the state Supreme Court involves lawyers from both sides of the case who present arguments on the law to the justices. Members of the court frequently interject questions to help clarify the legal issues.
The public should arrive at least five minutes early and leave the courtroom only between cases. After each session, the justices will respond to questions from the audience–except questions involving cases they are hearing.
For additional information on the court’s UO visit, contact Professor Mary Lawrence, director of the Legal Research and Writing Program, at (541) 346-3848, or the Office of the Dean, UO School of Law, at (541) 346-3836.
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