Former Wasco DA gets settlement

The suit alleged Rosenblum and former Oregon Deputy General Frederick Boss “removed Nisley from his position as district attorney, announced Nisley’s removal from office, directed county officials to exclude Nisley from the district attorney’s office, and withheld Nisley’s salary and benefits,” according to a legal filing. 

Nisley’s license was suspended for 60 days in early 2020 by the Oregon Supreme Court, following an Oregon State Bar ruling that he lied to the bar about an investigation he pursued into small loans given in 2014 to a county employee by the county finance director. As previously reported in Columbia Gorge News, the Oregon Supreme Court ruled Sept. 24, 2020, that Nisley did not lose his office following a 60-day suspension from the Oregon Bar Association and should have immediately been returned to office following his suspension and reinstatement to the bar, which took place April 15, 2020.  

Nisley and his lawyers contended other Oregon district attorneys who have been suspended from practicing law were still able to continue holding their elected office, receive their regular salary and benefits and “enjoy all the perquisites of the office” during their suspension.  

Nisley was serving a fourth term and had filed for reelection in the May 2020 primaries when the suspension began. About two weeks before his suspension started, Boss sent a letter to then-Gov. Kate Brown advising her Nisley’s suspension rendered the district attorney’s seat vacant. He then advised the governor to appoint a successor. 

However, “despite receiving a detailed analysis from Nisley’s counsel explaining why his temporary suspension did not result in a vacancy,” the two “refused to reconsider their legal advice to the governor and the actions that they undertook or caused to be undertaken to terminate [Nisley’s] employment and oust him from his public office,” said the legal filing. 

As reported in The Oregonian/OregonLive, “His lawsuit against the state alleged a violation of his civil rights, injury to his reputation, emotional distress and sought attorney fees for his challenge to the Oregon Supreme Court. The settlement did not include Nisley’s back pay, according to his lawyers.” 

In a statement, Rosenblum said their legal team felt Oregon’s law was unclear as to whether Nisley’s suspension made him ineligible to continue serving as district attorney after his suspension period was concluded without reappointment or reelection and are glad the issue has now been clarified by the Supreme Court, and the lawsuit resolved.