In its Oct. 20 editorial, The Dalles Chronicle stated it could not overcome a concern that electing Bridget Bailey would muddy “the waters between the judicial and legislative branch” because we are married. This is unfounded.
I work for neither the legislative nor judicial branch. The Chronicle knows this already: they have done extensive reporting and editorializing on my interactions with the judicial branch of government, and I do not work in the legislature. I am independent of both the legislative and judicial branches, and independent of Wasco County Commissioners. I would have been happy to remind anyone at the Chronicle of this, but no one called me.
The Chronicle also states Bridget Bailey “would have to recuse herself when budget decisions were being made that benefit the [District Attorney]." This is also unfounded. I am paid by the State of Oregon, not by Wasco County. If Bridget Bailey is elected, I will no longer serve as legal counsel and hence, will not be compensated for legal work on behalf of the County. The Chronicle knows this because I stated just that in a letter to the editor earlier this year.
Thus, she would not be required to recuse herself from considering the District Attorney Office budget because there would be no decision that would directly benefit me.
The Chronicle knows this because it has in its possession the Government Ethics Commission opinion stating it is not a conflict of interest for a spouse of a District Attorney to serve as an elected county commissioner and vote on the District Attorney Office Budget. The Editorial Board interviewed no one prior to reaching these conclusions.
The Chronicle also suggested a commissioner married to a districtattorney would be a “consolidated power base.” The Chronicle cites no evidence to support this conclusion.
My wife and I might well discuss county business informally -- at a local restaurant, when we ride together to meetings, or in the courthouse. The bottom line is it's not relevant: we cannot conduct county business under any circumstances, in public or in private, we have no power to do anything. If elected, Bridget and I talking together would not constitute a quorum of government. What we might say in private about county business would have no more legal significance than Commissioner Hege talking to his wife about county business. (As an aside, anyone who thinks I can tell my wife what to do, think, or say, has obviously not met her).
There is a jury instruction that states in substance, if a witness is false in part of their testimony, a juror may choose to distrust as untruthful the balance of that witnesses’ testimony.
The two main points the October 20 editorial makes are factually and legally false. I will leave it for the reader to decide how to evaluate the editorial.
Good people differ on political candidates. We are lucky to live in a nation where it is our constitutional right to vote as we wish. This right should be exercised responsibly based on facts, not conclusions reached with no evidence or investigation. Exercise your vote carefully.
— Eric Nisley is the elected Wasco County District Attorney.
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