JACK DOE 1 v. CORP. OF PRESIDING BISHOP

S058601 (Control); S058634.

280 P.3d 377 (2012)

352 Or. 77

JACK DOE 1, an individual proceeding under a fictitious name; Jack Doe 2, an individual proceeding under a fictitious name; Jack Doe 3, an individual proceeding under a fictitious name; Jack Doe 4, an individual proceeding under a fictitious name; Jack Doe 5, an individual proceeding under a fictitious name; Jack Doe 6, an individual proceeding under a fictitious name, Plaintiffs, v. CORPORATION OF the PRESIDING BISHOP OF the CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS, a foreign corporation solely registered to do business in the State of Oregon; and Corporation of the President of the Church of Jesus Christ of Latter-Day Saints and Successors a foreign corporation solely registered to do business in the State of Oregon, Defendants, and The Boy Scouts of America, a congressionally chartered corporation, authorized to do business in Oregon; and Cascade Pacific Council, Boy Scouts of America, an Oregon non-profit corporation, Defendants-Adverse Parties, and The Associated Press, The Oregonian, Oregon Public Broadcasting, The New York Times, KGW, and Courthouse News Service, Intervenors-Relators. Jack Doe 1, an individual proceeding under a fictitious name; Jack Doe 2, an individual proceeding under a fictitious name; Jack Doe 3, an individual proceeding under a fictitious name; Jack Doe 4, an individual proceeding under a fictitious name; Jack Doe 5, an individual proceeding under a fictitious name; Jack Doe 6, an individual proceeding under a fictitious name, Plaintiffs, v. Corporation of the Presiding Bishop of the Church of Jesus Christ of Latter-Day Saints, a foreign corporation solely registered to do business in the State of Oregon; Corporation of the President of the Church of Jesus Christ of Latter-Day Saints and Successors, a foreign corporation solely registered to do business in the State of Oregon; and Cascade Pacific Council, Boy Scouts of America, an Oregon non-profit corporation, Defendants, and The Boy Scouts of America, a congressionally chartered corporation, authorized to do business in Oregon, Defendant-Relator, and The Associated Press, The Oregonian, Oregon Public Broadcasting, The New York Times, KGW, and Courthouse News Service, Intervenors-Adverse Parties.

Supreme Court of Oregon, En Banc.

Decided June 14, 2012.


Attorney(s) appearing for the Case

Charles F. Hinkle , Stoel Rives LLP, Portland, argued the cause and filed the briefs for Intervenors-Relators/Intervenors-Adverse Parties The Associated Press, The Oregonian, Oregon Public Broadcasting, The New York Times, KGW, and Courthouse News Service.

Robert L. Aldisert , Perkins Coie LLP, Portland, argued the cause and filed the briefs for Defendants-Relators/Defendants-Adverse Parties The Boy Scouts of America.

Lori Irish Bauman , Ater Wynne LLP, Portland, filed the brief for amicus curiae TechAmerica. With her on the brief was Frank V. Langfitt.

Erin K. Olson , Portland, filed the brief for amici curiae National Center for Victims of Crime, Survivors Network of Those Abused by Priests, Jewish Board of Advocates for Children, Inc., Child Protection Project, Child Victims Voice, Oregon Abuse Advocates and Survivors in Service, Oregon Anti-Crime Alliance, Crime Victims United, and Oregon Trial Lawyers Association. With her on the brief was Marci A. Hamilton, Washington Crossing, Pennsylvania.

Denise G. Fjordbeck , Attorney-in-Charge, Salem, filed the brief for amicus curiae State of Oregon.


DURHAM, J.

These opposing petitions for writs of mandamus challenge a trial court order allowing the release, to the press and to the public, of redacted versions of 1,247 "ineligible volunteer" files belonging to defendant Boy Scouts of America (BSA). Those files contain information regarding child sexual abuse complaints against BSA volunteers from 1965 to 1985. The trial court had admitted the files, and BSA's actions in response to those complaints, into evidence...

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