Marston licensed as of May 2; DA candidates speak at forum

He applied under a rule called “comity” that allows attorneys already licensed in other states to be accepted to the Oregon Bar without taking the Oregon bar exam. Lawyers accepted by this method are recommended for admission following a “fitness and character” investigation by the state bar examiners board.

When Marston filed his candidacy, he had a temporary bar license.

He is running against Kara Davis, current district attorney of Gilliam County and assistant district attorney for Wasco County.

Marston maintains he only needs to be admitted to the Oregon bar by the November election. The Oregon Secretary of State’s Office, however, told Columbia Gorge News in April that a candidate needs to be admitted by May 21, since it was only a two-person race and thus was effectively the same as the November general election. 

Since a candidate must be licensed in Oregon prior to Election Day to take office, Marston’s status now means he can take office if he wins.

Marston and Davis appeared at the Wasco County Candidate Forum (which can be viewed in its entirety at columbiagorgenews.com), held at the Mid-Columbia Senior Center April 30. Moderator Rodger Nichols asked both to clarify their understanding of the eligibility requirements for the district attorney position to “help inform voters and dispel rumors or misunderstandings.”

Davis went first, saying, “If you want to be elected as an attorney in the State of Oregon, you must be an attorney in the State of Oregon,” citing a 2001 Attorney General’s opinion as well as an Oregon Supreme Court case involving former Wasco County DA Eric Nisley “that touches on the issue. And there is the statute. The Secretary of State has already spoken to the press, she’s spoken to me via email, she has spoken to other people, she will respond to your requests. The opinion that is not in question is that on the day of election, which is May 21, you must be an attorney in the State of Oregon.”

Marston can be seen in the recording shaking his head. When it was his turn to speak, he said, “I think the elephant in the room is whether I’m licensed or not. I’m operating under a temporary license under an attorney here in Oregon … I would still say if they have one sheriff who is going to run in the primary, the real election’s in November. But that’s not really the point … People have been saying I’ve been sneaky about it or whatever — I haven’t been able to explain it very well.”

He said that there are multiple steps needed to become licensed: “You must go through the National Bar Examiners first,” he said. “They do their background check, and then you get to the bar. And then they refer it to whatever bar in the state that you’re in, and then the State Bar refers it to the Supreme Court … so you’ve got three different agencies.”

He said he had been working on getting licensed in Oregon since October and “it takes a long time to get through all this.” At the time of the forum, he anticipated being licensed in Oregon in the next couple of days.

“But even without that, I still think it’s November [when he would have to be licensed], but that I don’t think is going to be an issue anyway. If I did, I wouldn’t be running.”

Both Davis and Marston talked about their backgrounds and how they will serve if elected; the full video can be found at 2024 Wasco County Candidate Forum | Columbia-gorge | columbiagorgenews.com.