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STATE EX REL. JOHNSON v. ROTH

557 P.2d 230 (1976)

276 Or. 883

STATE of Oregon ex rel. Lee Johnson, Attorney General, Plaintiff, v. Phillip J. ROTH, Judge of the Circuit Court of the State of Oregon for County of Multnomah, Defendant.

Supreme Court of Oregon, In Banc.

Decided December 9, 1976.

Attorney(s) appearing for the Case

Catherine Allan, Asst. Atty. Gen., Salem, argued the cause for plaintiff. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

Diane Spies, of Connall & Spies, P.C., Portland, argued the cause for defendant.

HOWELL, Justice.

This is an original proceeding in mandamus brought by the Attorney General to require the defendant, a circuit judge in Multnomah County, to vacate an order requiring recordation of all grand jury testimony in a criminal case then pending, as well as the recordation of all testimony in all future criminal cases brought before the grand jury.1 We issued an alternative writ. The defendant judge filed a demurrer and answer...

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