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BRIAN v. OREGON GOVERNMENT ETHICS COM'N

Nos. CC C920337CV; CA A77344; SC S41348.

891 P.2d 649 (1995)

320 Or. 676

State Representative Thomas M. BRIAN, Petitioner on Review, v. STATE of Oregon, acting By and Through the OREGON GOVERNMENT ETHICS COMMISSION, Respondent on Review.

Supreme Court of Oregon, In Banc.

Decided March 30, 1995.

Attorney(s) appearing for the Case

Marc D. Blackman, of Ransom, Blackman & Weil, Portland, argued the cause and filed the petition on behalf of petitioner on review.

John T. Bagg, Asst. Atty. Gen., Salem, argued the cause on behalf of respondent on review. With him on the briefs were Theodore R. Kulongoski, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

DURHAM, Justice.

The issue in this case is whether the trial court properly enjoined the Oregon Government Ethics Commission1 (Commission) from investigating petitioner, a state representative, for an alleged violation of the "Code of Ethics," set forth in ORS 244.040. The Court of Appeals held that the trial court improperly enjoined the investigation, because the trial court applied the wrong standard in determining whether the Commission...

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