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STATE EX REL. KAINO v. COM'N ON JUDICIAL FITNESS

(JFC 01-302; SC S49792).

74 P.3d 1080 (2003)

335 Or. 633

STATE ex rel. the Honorable Kristopher KAINO, Plaintiff-Relator, v. OREGON COMMISSION ON JUDICIAL FITNESS AND DISABILITY, Defendant.

Supreme Court of Oregon.

Decided August 14, 2003.

Attorney(s) appearing for the Case

Joseph A. Di Bartolomeo, Lavis & Di Bartolomeo, PC, Astoria, argued the cause and filed the briefs for plaintiff-relator.

Thomas M. Christ, Cosgrave, Vergeer, Kester, LLP, Portland, argued the cause and filed the brief for defendant.

Before CARSON, Chief Justice, and GILLETTE, DURHAM, RIGGS, De MUNIZ, and BALMER, Justices.

RIGGS, J.

This is an original proceeding in mandamus. Relator, a municipal court judge, sought to have the Oregon Commission on Judicial Fitness and Disability dismiss misconduct proceedings against him on the ground that it lacked jurisdiction over municipal court judges. The commission refused to do so. Relator then petitioned this court for an alternative writ of mandamus, which we issued. For the reasons that follow, we conclude that the commission should have...

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