Judicial conflicts of interest barring incumbent Circuit Court Judge John Wolf from hearing criminal cases in Wasco and Hood River counties have become a focal point in the May 17 electoral race for Position 4 of the 7th District of the Oregon Circuit Court.
The 7th District serves Wasco, Hood River, Sherman, Gilliam and Wheeler counties. It seats four judges, two based in Wasco County (John Wolf and Janet Stauffer) and two in Hood River County (John A. Olson and Karen Ostrye).
The conflict began at the beginning of Judge Wolf’s tenure, when his wife Leslie Wolf was employed as chief deputy for the Wasco County District Attorney’s office in The Dalles under former District Attorney Eric Nisley. When Leslie Wolf left the office with the election of current Wasco County District Attorney Matthew Ellis, the conflict did not end because of a bar complaint filed against Wolf and Nisley regarding events that occurred during their time in the District Attorney’s office. It is unknown when the complaint will be decided. It was filed a year ago, and bar complaints in general can take years to resolve. Details regarding the complaint and why it was filed can be found online at www.gorgenews.com; search “bar complaint.”
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During a debate with challenger Caleb Berthelsen before the Hood River Rotary Club on April 28, Judge Wolf acknowledged the conflicts of interest but said he carried his full weight as a circuit court judge. “While it’s true there is a conflict that prevents me from hearing criminal cases in some of our counties, it’s not the problem it has been purported to be throughout the campaign,” he said. “There is not a backlog of cases, there are not people who are waiting for their day in court. I’ve dealt with the issue for over 11 years.” He noted his time on the bench was slightly greater than the time Judge Stauffer spent on the bench, and said his case count was significantly higher than Stauffer’s. (See full debate, page 8.)
Conflicts of interest
After leaving the Wasco County District Attorney’s office, Leslie Wolf was hired by the Hood River County District Attorney, where she now works, further reducing the number of counties where Judge Wolf can hear criminal matters.
Judge Wolf’s conflicts of interest are expected to expand following the May 17 election, with the likely election of Kara K. Davis, who is running unopposed for Gilliam County District Attorney. Davis was among those signing on to the bar complaint against Leslie Wolf and Nisley.
According to Wasco County District Attorney Matthew Ellis, if Judge Wolf is unable to hear criminal cases in Gilliam County, he would be effectively barred from serving in Wheeler County as well, because both counties share a judge, who presides in a morning court in Gilliam and an afternoon court in Wheeler.
“It wouldn’t make sense to send two judges to the eastern counties,” he explained.
If that happens, Judge Wolf would be able to hear criminal cases only in Sherman County.
Judicial burden
Ellis said conflicts of interest impacting Wolf are a burden to the 7th District, noting that even simple criminal matters like a bench warrant have to be routed to another judge, causing delay and scheduling challenges.
Retiring Judge Janet Stauffer also cited the conflicts as an important reason for her endorsement of Judge Wolf’s challenger. In a recent endorsement of Berthelsen for Circuit Court Judge, Stauffer noted the “tremendous burden he has caused the district.” Judge Stauffer wrote, “This (conflict of interest) results in potential backlogs of criminal cases and delays for victims.” Judge Wolf is unable to preside over the bulk of the cases, she added, and “this has significant consequences to your courts.” (See full endorsement, page 4.)
Uncontested
Running for Circuit Court Judge, 7th District, Position 2, the seat currently held by Judge Stauffer, is Marion T. Weatherford of Arlington, located in Gilliam County. He is running uncontested.
Weatherford has served as Gilliam County District Attorney since 2002, and has been an attorney at law since 1996. He holds a professional degree in law from Lewis and Clark Law School, as well as Bachelor’s and Master’s degrees in business from Oregon State University. He is a graduate of Condon High School.
Weatherford’s governmental experience includes Gilliam County District Attorney, City of Condon Attorney and working for the Oregon State Board of Higher Education.
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