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WARREN v. CITY OF CANBY

Nos. 80-9-484 and 122-832; CA A20591 and CA A20727.

641 P.2d 615 (1982)

56 Or.App. 230

Roger R. WARREN, Appellant, v. The CITY OF CANBY, a City Existing and Duly Incorporated and Organized under the Laws of the State of Oregon, Robert Rapp, Mayor of the City of Canby, Robert Westcott, Robert Swayze, W. Beauford Knight, Beryl Brown and Richard Nichols, Respondents. Roger R. Warren, Appellant, v. The City of Hubbard, a City Existing and Duly Incorporated and Organized under the Laws of the State of Oregon, John Burke, Mayor of the City of Hubbard, Ed Schnee, Richard Mauer, Robert Benck, Sr., Joe Dryden, Beverly Kounty and Lawrence Sano, Respondents.

Court of Appeals of Oregon.

Decided March 8, 1982.

Attorney(s) appearing for the Case

John D. Ryan, Portland, argued cause and filed briefs for appellant.

Emil R. Berg, Portland, argued cause for respondents. With him on brief was Wolf, Griffith, Bittner, Abbott & Roberts, Portland.

Margaret H. Leek Leiberan and Lang & Smith, Portland, filed a brief amicus curiae for American Civil Liberties Union.

Before BUTTLER, P.J., and WARDEN and WARREN, JJ.

BUTTLER, Presiding Judge.

Plaintiff, a former municipal judge for the cities of Canby and Hubbard, brought these actions against each of the cities seeking a declaration that ORS 221.140,1 which provides for the appointment and removal of municipal judges, is unconstitutional, and further seeking reinstatement with back pay. His claims depend primarily on his contention that the state statute and the municipal charter provisions of each...

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