In the May 15 Primary Election, Lincoln City attorney Russell L. Baldwin is challenging incumbent Thomas Branford for the Lincoln County Circuit Court District 17 Position 3.
The News Guard asked each the following three questions: Briefly tell us why do you want to be the Circuit Court Judge? Briefly tell us what experience and skills you have that qualify you for this position. As Circuit Court Judge, what would be your priorities?
The following are their answers.
Thomas Branford
It has been enormously rewarding to serve as a Judge in this county for over 29 years. I have presided over cases, which have involved virtually the gamut of the human experience. Helping to resolve conflict and to guide people in distress is what being a Judge is all about.
On April 11th, I ran into a young man in Depoe Bay who told me that he had appreciated the things I said to him in Court several years ago. Life is good for him now, and it's fulfilling to have had a small role in redirecting his life. At a lumber store in Newport 3-4 weeks ago, a young man was shopping with his young children, and he called out
asking if i was "Branford." I said that I was, and he immediately said "you saved my life" and walked over to shake my hand. He had been in Drug Court and he told me how good his life is now. He then repeated the statement "you saved my life" and shook my hand a second time. I have had similar conversations with other former Drug and Hope Court participants. Sentiments like these make me want to continue helping people.
It takes a combination of many skills and attributes to be a good Judge. A Judge must treat people respectfully and listen attentively to what attorneys, litigants, witnesses and jurors say in the courtroom. All kinds of cases come to Court, so the Judge must be versed in a broad spectrum of Oregon law.
It is also important to know the rules of evidence, as they dictate what testimony may be admitted during a trial. When testimony and oral arguments are done, the Judge must impartially evaluate the evidence in order to find the truth. Once finished with deliberations, the Judge needs to explain the Court's rulings to the litigants and their attorneys so that they will know the rationale behind the Court's decision. Throughout the process, the Judge must treat people as the Judge would want if it were a member of the Judge's family standing before a different Judge.
In 2014, a group of attorneys wanted to initiate an evaluation of Oregon's attorneys and Judges so that the public would have the benefit of knowing who the best attorneys and Judges in Oregon are. The group adopted the name "Oregon's Best Lawyers" and then undertook a study of Oregon's 175-180 Judges. The group made a list of Oregon's Best Judges. One federal Judge and eight Oregon trial court Judges were named on that list, and I was one of them. The rating emphasized those Judges who treated people respectfully. It was, and is, a great honor to have been included in that group.
In the future, I intend to keep doing the same things that I have been doing.
People have honored me with their trust, and I commit to keep earning it.
Russell L. Baldwin
I am running for Circuit Court Position 3 because it is my professional and personal experience in Lincoln County Circuit Court that civil matters are not receiving the attention they deserve on the docket. Meaning, disputes between private parties seeking justice to resolve their differences (usually involving money or property) are not timely heard. It takes months to get a hearing. When litigants finally get a hearing, more often than not the matter is taken under advisement rather than being resolved at that time. And when a decision is made from the bench, the court is either reluctant to give an explanation of the basis for its decision, or it outright refuses to do so notwithstanding the court rule requiring special findings of fact and conclusions of law when requested.
I am a civil litigator with almost 30 years of experience resolving complex matters either through settlement or trial. That experience has given me particular expertise applying the civil rules to legal controversies. In order for a civil matter to be resolved quickly and without legal error, the judge must have an intimate, working knowledge of the civil rules and substantive laws to be applied.
My priorities would be first, to make sure that parties and their attorneys are not left waiting months or years for an initial hearing. During such hearings, I will endeavor to resolve as many issues as possible without requiring the parties and their attorneys to make repeated or unnecessary return trips to court.
Second, when I make a decision in civil court, I will make sure that I explain to the parties the facts that form the basis for my decision. When there are disputed facts, I will explain what facts were accepted and what facts were unconvincing or not sufficiently proven. I will then make separate conclusions of law so that the parties and their attorneys are informed how the court arrived at its decision. That will also simplify the process for the parties seeking to appeal the decision. No one should leave court (especially with counsel) wondering whether the facts were correctly applied to the law.
Third, I will faithfully comply with ORS 1.050, which requires that no submitted question to a circuit court be left unanswered for more than 3 months, absent sickness or unavoidable casualty.
4.I am one of very few attorneys statewide licensed to practice in the United States Supreme Court at Washington D.C. Please see the attached for my other comments.
I began my legal career in Lincoln City in 1989. I have enjoyed the civil practice of law immensely over those nearly 30 years. Although I appear with some frequency in Lincoln County Circuit Court, I also regularly make appearances for clients in the Willamette Valley and in federal court.
Follow the Election 2018 online, at thenewsguard.com, and in the Wednesday print editions of The News Guard.
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