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STATE EX REL. UPHAM v. McELLIGOTT

SC S43433 (Control), S43551.

956 P.2d 179 (1998)

326 Or. 547

STATE ex rel. Scott D. UPHAM, Plaintiff-Relator, v. Michael J. McELLIGOTT, Circuit Court Judge, Washington County, Defendant, and B.C.W., Intervenor. STATE ex rel. B.C.W., a juvenile, Plaintiff-Relator, v. Michael J. McELLIGOTT, Circuit Court Judge, Washington County, Defendant, and State of Oregon, By and Through Scott D. Upham, Washington County District Attorney, Intervenor.

Supreme Court of Oregon.

Decided March 26, 1998.

Attorney(s) appearing for the Case

Michael C. Livingston, Assistant Attorney General, Salem, argued the cause for relator Scott D. Upham and intervenor State of Oregon. With him on the brief were Hardy Myers, Attorney General, and Virginia L. Linder, former Solicitor General.

Kathleen M. Correll, of Curtis & Correll, Portland, argued the cause for relator and intervenor B.C.W. With her on the brief was Michael Curtis.

No appearance contra.

Before CARSON, C.J., and GILLETTE, VAN HOOMISSEN, GRABER and DURHAM, JJ.

GRABER, Justice.

These two consolidated mandamus proceedings arise out of the same underlying case. Petitions filed in the juvenile court allege that B.C.W., a youth,1 is within the jurisdiction of the juvenile court pursuant to ORS 419C.005(1),2 because he committed several acts that, if done by an adult, would constitute the crimes of sodomy in the first degree, rape in the first degree, and sexual abuse...

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