GRANATA v. TANZER


569 P.2d 1090 (1977)

31 Or.App. 21

Fred A. GRANATA and David C. Bond, Respondents, v. Jacob B. TANZER, As Director of Justice Services, for Multnomah County, Oregon, Michael Hall, As Circuit Court Administrator and ex Officio Clerk of the Circuit Court for Multnomah County, Oregon, and Wesley D. Carter, As District Court Administrator and ex Officio Clerk of the District Court for Multnomah County, Oregon, Appellants.

Court of Appeals of Oregon.

Argued and Submitted July 26, 1977.


Attorney(s) appearing for the Case

John W. Burgess, Asst. Atty. Gen., Salem, argued the cause for appellants. With him on the briefs were James A. Redden, Atty. Gen., and W. Michael Gillette, Sol. Gen., Salem.

Fred A. Granata, Portland, argued the cause and filed the brief for respondent Fred A. Granata, pro se, and for respondent David C. Bond.

Before SCHWAB, C.J., and THORNTON and LEE, JJ.


THORNTON, Judge.

Defendants appeal from a declaratory judgment holding unconstitutional certain portions of Oregon's forcible entry and detainer law. The sections involved are set out in the margin.1

At trial plaintiffs, in their capacity as attorneys, challenged ORS 105.125(2)(c) and ORS 105.137(2) on the ground that these statutes constituted improper legislative infringement of the judiciary's power to regulate the practice...

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