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BERMAN v. KROGER

(SC S057817).

223 P.3d 1031 (2009)

347 Or. 419

Steven C. BERMAN, Petitioner, v. John KROGER, Attorney General, State of Oregon, Respondent.

Supreme Court of Oregon, En Banc.

Considered and under advisement on December 2, 2009.

Decided December 24, 2009.

Attorney(s) appearing for the Case

Thomas K. Doyle, Bennett, Hartman, Morris & Kaplan, LLP, Portland, filed the petition and the reply memorandum for petitioner.

Paul L. Smith, Assistant Attorney-in-Charge, Salem, filed the answering memorandum for respondent. With him on the answering memorandum were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

WALTERS, J.

This ballot title review proceeding brought under ORS 250.085(2) concerns the Attorney General's certified ballot title for Initiative Petition 55 (2010). The proposed measure provides:

"Section 1. Throughout most of Oregon's History, the state was responsible for incarcerating felony criminals, and each county was responsible for incarcerating misdemeanor criminals. County jails were for misdemeanants, and state prisons were for felons. In recent...

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