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106-638: The Oregon Constitution is the governing document of the U.S. state of Oregon , originally enacted in 1857. As amended the current state constitution contains eighteen sections, beginning with a bill of rights . This contains most of the rights and privileges protected by the United States Bill of Rights and the main text of the United States Constitution . The remainder of the Oregon Constitution outlines

212-612: A brief by future U.S. Supreme Court justice Louis Brandeis , the U.S. Supreme Court upheld the Oregon law in Muller v. Oregon , 208 U.S. 412 (1908) despite ruling in 1905 in Lochner v. New York that a maximum hour law for bakers was unconstitutional. Then in 1910, the state legislature expanded the court back to five justices, and lastly, in 1913 the court expanded to the current seven justices. The next important case came in 1935 when

318-438: A constitutional convention the following year, and drafted plans for the selection of delegates. According to The Oregonian , Portland attorneys were "almost to a man in favor of making the change". Dissenters included Portland attorneys George W. Joseph , who advised "leaving well enough alone", and C. E. S. Wood , who insisted that the recent passage of initiative and referendum system offered sufficient opportunity to amend

424-486: A tectonic plate that poses a continued threat of volcanic activity and earthquakes in the region. The most recent major activity was the 1700 Cascadia earthquake . Washington 's Mount St. Helens erupted in 1980 , an event visible from northern Oregon and affecting some areas there. The Columbia River, which forms much of Oregon's northern border, also played a major role in the region's geological evolution, as well as its economic and cultural development. The Columbia

530-581: A "g". Another possible source is the Spanish word oregano , which refers to a plant that grows in the southern part of the region. It is also possible that the area around the Columbia River was named after a stream in Spain called "Arroyo del Oregón", located in the province of Ciudad Real . Another early use of the name, spelled Ouragon , was by Major Robert Rogers in a 1765 petition to

636-507: A judge will leave office at the end of a term, in which case a general election determines their replacement. If the Supreme Court needs an additional judge on a temporary basis due to illness, an unfilled position, or a justice is disqualified from sitting on a case due to a conflict of interest, the court can appoint a senior judge to serve as a judge pro tempore. Senior judges are all former, qualified judges (a minimum of 12 years on

742-510: A probate government was proposed. Doctor Ira Babcock of Jason Lee 's Methodist Mission was elected supreme judge. Babcock chaired two meetings in 1842 at Champoeg , (halfway between Lee's mission and Oregon City ), to discuss wolves and other animals of contemporary concern. These meetings were precursors to an all-citizen meeting in 1843, which instituted a provisional government headed by an executive committee made up of David Hill , Alanson Beers , and Joseph Gale . This government

848-622: A railroad in 1851 from St. Helens, through the Cornelius pass and across Washington County to the city of Lafayette, which was at the time the big town of the Willamette Valley. In December 1844, Oregon passed its first black exclusion law , which prohibited African Americans from entering the territory while simultaneously prohibiting slavery . Slave owners who brought their slaves with them were given three years before they were forced to free them. Any African Americans in

954-586: A refuge from disputes over slavery, Oregon had a "whites only" clause in its original state Constitution. At the outbreak of the American Civil War , regular U.S. troops were withdrawn and sent east to aid the Union . Volunteer cavalry recruited in California were sent north to Oregon to keep peace and protect the populace. The First Oregon Cavalry served until June 1865. Beginning in the 1880s,

1060-430: A simple majority of favorable votes is enough to ratify it. Placing a petition for an amendment on the ballot requires a number of valid signatures of registered voters equal to eight percent of the total number of votes cast in the last gubernatorial election, higher than the six percent required for a change in statute. See the list of Oregon ballot measures for initiative amendments. The right to free speech in Oregon

1166-550: A água , Oregon. Yet another account, endorsed as the "most plausible explanation" in the book Oregon Geographic Names , was advanced by George R. Stewart in a 1944 article in American Speech . According to Stewart, the name came from an engraver's error in a French map published in the early 18th century, on which the Ouisiconsink (Wisconsin) River was spelled " Ouaricon-sint ", broken on two lines with

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1272-430: Is also in the hands of the Supreme Court. The Commission on Judicial Fitness and Disability investigates all reports of abuses and makes recommendations to the Supreme Court on any actions that may need to occur. The Supreme Court can then suspend judges, censure them, remove them from office, or take no action. One justice of the court is elected by the court to serve a six-year term as chief justice. The chief justice

1378-544: Is broader than the federal level: No law shall be passed restraining the free expression of opinion, or restricting the right to speak, write, or print freely on any subject whatever; but every person shall be responsible for the abuse of this right. In State v. Robertson , the Oregon Supreme Court has cited this right against parts of Oregon's disorderly conduct statute, against content-based restrictions on billboards and murals, and against laws restricting

1484-457: Is easier to amend than its federal counterpart. Amending the U.S. Constitution requires a two-thirds vote in Congress and ratification by three-fourths of the states. In Oregon, once an initiative amendment to its constitution has been placed on the ballot by initiative petition, or once a legislative amendment has been referred to the people by a simple majority vote in the state legislature ,

1590-539: Is evidence supporting inhabitants in the region at least 15,000 years ago. By 8000 BC, there were settlements throughout the state, with populations concentrated along the lower Columbia River, in the western valleys, and around coastal estuaries. During the prehistoric period , the Willamette Valley region was flooded after the collapse of glacial dams from then Lake Missoula , located in what would later become Montana . These massive floods occurred during

1696-488: Is in charge of the department's budget. As administrator the chief justice is also the recipient of many reports from the court system including non-legal employees of the department. The first chief justice of the Oregon Supreme Court was William P. Bryant , while the longest serving chief was Wallace P. Carson, Jr. who held the position for 15 years. Beginning in 1853, the official court reporter for

1802-461: Is in this region of the state. Typical of a western state, Oregon is home to a unique and diverse array of wildlife. Roughly 60 percent of the state is covered in forest, while the areas west of the Cascades are more densely populated by forest, making up around 80 percent of the landscape. Some 60 percent of Oregon's forests are within federal land. Oregon is the top timber producer of

1908-631: Is not only responsible for assigning cases to the other justices to write the court's opinions, but is also the chief executive of the Oregon Judicial Department . Primarily an appeals court, the Oregon Supreme Court is also the court of last resort in Oregon. Although most oral arguments before the court are held in the Oregon Supreme Court Building, the court does travel around the state holding sessions in various schools. All cases are heard en banc by

2014-473: Is now allowed in Oregon, gas stations are not required to offer it and many currently do not. New Jersey is the only state remaining where self serve gas stations are not allowed. Oregon is 295 miles (475 km) north to south at longest distance, and 395 miles (636 km) east to west. With an area of 98,381 square miles (254,810 km ), Oregon is slightly larger than the United Kingdom . It

2120-730: Is one of North America's largest rivers, and one of two rivers to cut through the Cascades (the Klamath River in southern Oregon is the other). About 15,000 years ago, the Columbia repeatedly flooded much of Oregon during the Missoula Floods ; the modern fertility of the Willamette Valley is largely the result. Plentiful salmon made parts of the river, such as Celilo Falls , hubs of economic activity for thousands of years. Today, Oregon's landscape varies from rain forest in

2226-487: Is probable some still move into eastern Oregon from Idaho. Oregon is home to what is considered the largest single organism in the world, an Armillaria solidipes fungus beneath the Malheur National Forest of eastern Oregon. Oregon has several National Park System sites , including Crater Lake National Park in the southern part of the Cascades, John Day Fossil Beds National Monument east of

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2332-460: Is rounded down phonetically, from Ouve água —Oragua, Or-a-gon, Oregon—given probably by the same Portuguese navigator that named the Farallones after his first officer, and it literally, in a large way, means cascades: "Hear the waters." You should steam up the Columbia and hear and feel the waters falling out of the clouds of Mount Hood to understand entirely the full meaning of the name Ouve

2438-532: Is the ninth largest state in the U.S. Oregon's highest point is the summit of Mount Hood, at 11,249 feet (3,429 m), and its lowest point is the sea level of the Pacific Ocean along the Oregon Coast. Oregon's mean elevation is 3,300 feet (1,006 m). Crater Lake National Park , the state's only national park, is the site of the deepest lake in the U.S. at 1,943 feet (592 m). Oregon claims

2544-484: Is the state's highest point. Oregon's only national park, Crater Lake National Park , comprises the caldera surrounding Crater Lake , the deepest lake in the U.S. The state is also home to the single largest organism in the world, Armillaria ostoyae , a fungus that runs beneath 2,200 acres (8.9 km ) of the Malheur National Forest . Oregon's economy has historically been powered by various forms of agriculture, fishing, logging, and hydroelectric power. Oregon

2650-606: Is the third-most populous city in Oregon, with 175,535 residents. Portland , with 652,503, ranks as the 26th among U.S. cities. The Portland metropolitan area , which includes neighboring counties in Washington, is the 25th largest metro area in the nation, with a population of 2,512,859. Oregon is also one of the most geographically diverse states in the U.S., marked by volcanoes, abundant bodies of water, dense evergreen and mixed forests, as well as high deserts and semi-arid shrublands . At 11,249 feet (3,429 m), Mount Hood

2756-605: Is the top lumber producer of the contiguous U.S. , with the lumber industry dominating the state's economy during the 20th century. Technology is another one of Oregon's major economic forces, beginning in the 1970s with the establishment of the Silicon Forest and the expansion of Tektronix and Intel . Sportswear company Nike, Inc. , headquartered in Beaverton , is the state's largest public corporation with an annual revenue of $ 46.7 billion. The origin of

2862-586: Is then responsible for all administration of the Supreme Court. Under a law enacted in 1981, the chief justice is not only the titular head of the Supreme Court but also the chief executive officer of the Oregon Judicial Department. In that role, the chief justice supervises all of the Oregon courts, appoints the chief judge of the Oregon Court of Appeals , assigns presiding judges for the trial level state courts, makes court rules, and

2968-562: The -sint below, so there appeared to be a river flowing to the west named " Ouaricon ". According to the Oregon Tourism Commission , present-day Oregonians / ˌ ɒr ɪ ˈ ɡ oʊ n i ə n z / pronounce the state's name as "or-uh-gun, never or-ee-gone". After being drafted by the Detroit Lions in 2002, former Oregon Ducks quarterback Joey Harrington distributed "Orygun" stickers to members of

3074-789: The Columbia Plateau , the High Desert , and the Blue Mountains . Oregon lies in two time zones . Most of Malheur County is in the Mountain Time Zone , while the rest of the state lies in the Pacific Time Zone . Western Oregon's mountainous regions, home to three of the most prominent mountain peaks of the U.S. including Mount Hood, were formed by the volcanic activity of the Juan de Fuca Plate ,

3180-648: The D River as the shortest river in the world, though the state of Montana makes the same claim of its Roe River . Oregon is also home to Mill Ends Park (in Portland), the smallest park in the world at 452 square inches (0.29 m ). Oregon is split into eight geographical regions. In Western Oregon : Oregon Coast (west of the Coast Range ), the Willamette Valley, Rogue Valley , Cascade Range and Klamath Mountains ; and in Central and Eastern Oregon :

3286-934: The Kingdom of Great Britain . The term referred to the then-mythical River of the West (the Columbia River). By 1778, the spelling had shifted to Oregon . Rogers wrote: ...   from the Great Lakes towards the Head of the Mississippi, and from thence to the River called by the Indians Ouragon   ... One suggestion is that this name comes from the French word ouragan ("windstorm" or "hurricane"), which

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3392-597: The Lewis and Clark and Astor Expeditions. Few stayed permanently such as Étienne Lussier, often referred to as the first "European" farmer in the state of Oregon. Evidence of the French Canadian presence can be found in numerous names of French origin such as Malheur Lake , the Malheur , Grande Ronde , and Deschutes Rivers , and the city of La Grande . Furthermore, many of the early pioneers first came out West with

3498-763: The North West Company and the Hudson's Bay Company before heading South of the Columbia for better farmland as the fur trade declined. French Prairie by the Willamette River and French Settlement by the Umpqua River are known as early mixed ancestry settlements. The Lewis and Clark Expedition traveled through northern Oregon also in search of the Northwest Passage . They built their winter fort in 1805–1806 at Fort Clatsop , near

3604-568: The Snake River delineates much of its eastern boundary with Idaho . The 42° north parallel delineates the southern boundary with California and Nevada . The western boundary is formed by the Pacific Ocean . Oregon has been home to many indigenous nations for thousands of years. The first European traders, explorers, and settlers began exploring what is now Oregon's Pacific coast in the early to mid-16th century. As early as 1564,

3710-704: The Spanish began sending vessels northeast from the Philippines , riding the Kuroshio Current in a sweeping circular route across the northern part of the Pacific. In 1592, Juan de Fuca undertook detailed mapping and studies of ocean currents in the Pacific Northwest, including the Oregon coast as well as the strait now bearing his name. The Lewis and Clark Expedition traversed Oregon in

3816-602: The United States Congress , William P. Bryant was appointed as the first judge of the Oregon Supreme Court. Justices in the territorial period were appointed by the President of the United States . In those early days of the court, the justices would " ride circuit " in addition to their appellate court functions. Riding circuit involved acting as appeals court judges around the state in addition to

3922-409: The courtroom was in a chamber measuring 20 feet by 27 feet on the first floor. On December 29, 1855, after the building was partially occupied, it burned to the ground. In 1876, the state finished construction on a second capitol building where the court was located on the third floor. This courtroom measured 54 feet by 46 feet, while the state law library was 75 feet by 70 feet. A separate building

4028-432: The forced relocation of the native population to Indian reservations in Oregon . The first Oregon proposition for a railroad in Oregon was made in 1850 by H. M. Knighton, the original owner of the townsite of St. Helens . Knighton asserted that this would fulfill his township's belief that it should be the supreme metropolitan seaport in that area upon the Columbia River, as opposed to Portland. He suggested building

4134-519: The last glacial period and filled the valley with 300 to 400 feet (91 to 122 m) of water. By the 16th century, Oregon was home to many Native American groups, including the Chinook , Coquille (Ko-Kwell), Bannock , Kalapuya , Klamath , Klickitat , Molala , Nez Perce , Shasta , Takelma , Umatilla , and Umpqua . The first Europeans to visit Oregon were Spanish explorers led by Juan Rodríguez Cabrillo , who sighted southern Oregon off

4240-430: The Cascades, Lewis and Clark National Historical Park on the north coast, and Oregon Caves National Monument near the south coast. Other areas that were considered for potential national park status in the 20th century include the southern Oregon Coast, Mount Hood, and Hells Canyon to the east. Oregon Supreme Court Tracing its heritage to 1841 when Oregon pioneers selected a Supreme Judge with probate powers,

4346-548: The Coast Range to barren desert in the southeast, which still meets the technical definition of a frontier . Oregon's geographical center is further west than any of the other 48 contiguous states (although the westernmost point of the lower 48 states is in Washington). Central Oregon 's geographical features range from high desert and volcanic rock formations resulting from lava beds . The Oregon Badlands Wilderness

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4452-597: The Hudson's Bay Company, reversed the Hudson's Bay Company's long-standing policy of discouraging settlement because it interfered with the lucrative fur trade. He directed that some 200 Red River Colony settlers be relocated to HBC farms near Fort Vancouver, (the James Sinclair expedition), in an attempt to hold Columbia District. Starting in 1842–1843, the Oregon Trail brought many new American settlers to

4558-539: The OSC derive from the Oregon Constitution's Article VII. Like other supreme courts in the United States, the Oregon Supreme Court acts primarily as a court of appeals . They choose cases that are of legal significance or to unify lower court decisions. In this aspect the court has discretionary review over many of the cases appealed to the high court. Discretionary review allows the court to choose which cases it will hear on appeal. With those cases that are denied an appeal to

4664-557: The Oregon Country. Oregon's boundaries were disputed for a time, contributing to tensions between the U.K. and the U.S., but the border was defined peacefully in the 1846 Oregon Treaty . The border between the U.S. and British North America was set at the 49th parallel . The Oregon Territory was officially organized on August 13, 1848. Settlement increased with the Donation Land Claim Act of 1850 and

4770-475: The Oregon Reports was Thompson v. Backenstos , involving a case about trespassing . In the case, Justice George Henry Williams wrote the opinion, Justice Thomas Nelson had served as the judge at the trial level due to circuit riding, while future justice Reuben P. Boise served as counsel for the defense, and fellow future justice Aaron E. Waite provided counsel for the plaintiff. The powers of

4876-477: The Oregon Supreme Court for cases that involve disputes based on Oregon law, even when those federal courts are not based in Oregon, per the Erie Doctrine developed by the U.S. Supreme Court. For this reason federal courts, and courts from other states, can certify questions about Oregon law to the Oregon Supreme Court in order to clarify what the law in Oregon is in regards to the specific fact pattern that

4982-439: The Oregon Supreme Court if the decision involves issues of federal law and interpretation of federal law might change the outcome of the case. The Oregon Supreme Court is the final authority on Oregon law, and absent extraordinary circumstances the U.S. Supreme Court cannot overrule its interpretation of Oregon law (see adequate and independent state ground ). Although only the U.S. Supreme Court can reverse or overturn decisions of

5088-588: The Oregon Supreme Court, decisions of the court can be effectively overturned by changing the law. Thus later outcomes of the court can be affected by legislation passed by the Oregon Legislative Assembly or through the initiative and referendum process. Also, in most criminal decisions Oregon's Governor or the President of the United States may issue a pardon (some crimes require the Oregon Legislature to concur). Following

5194-678: The Pacific Northwest was particularly affected by the 1973 oil crisis , with Oregon suffering a substantial shortage. In 1972, the Oregon Beverage Container Act of 1971, popularly called the Bottle Bill, became the first law of its kind in the United States. The Bottle Bill system in Oregon was created to control litter. In practice, the system promotes recycling, not reusing, and the collected containers are generally destroyed and made into new containers. Ten states currently have similar laws. In 1994, Oregon became

5300-779: The Pacific coast in 1543. Sailing from Central America on the Golden Hind in 1579 in search of the Strait of Anian during his circumnavigation of the Earth , the English explorer and privateer Sir Francis Drake briefly anchored at South Cove, Cape Arago , just south of Coos Bay , before sailing for what is now California. Martín de Aguilar , continuing separately from Sebastián Vizcaíno 's scouting of California, reached as far north as Cape Blanco and possibly to Coos Bay in 1603. Exploration continued routinely in 1774, starting with

5406-501: The State Supreme Court in 1859 when Oregon was admitted to the Union on February 14. The court is composed of seven elected justices , each of whom serves a six-year term after winning a nonpartisan election. Justices, like other Oregon state court judges, must be United States citizens , Oregon residents for at least three years, and lawyers admitted to practice in the state of Oregon. The newest justice receives

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5512-479: The Supreme Court now generally does not hear appeals directly from the trial level courts of the state, with some exceptions such as death penalty cases. Other changes came in 1981 when the Oregon Legislature and justice Arno Denecke reformed the chief justice position from a simple head of the court in title only, to the administrative head of the entire Oregon judicial system. The following year, 1982,

5618-430: The Supreme Court, the decision of the lower court becomes final and binding. As of 1995, the court only accepted one in eight appeals that were discretionary. The justices meet once per week in a formal conference in which only the justices are involved to determine rulings. Once a case is accepted, the court hears the case en banc . That is the court is not divided into panels, and instead all justices participate in all

5724-452: The U.S. Supreme Court is the only court that can overturn decisions of the Oregon court, Oregon Supreme Court decisions as to federal law are only binding on other Oregon state level courts. Federal courts are not required to follow the decisions of the Oregon Supreme Court for decisions based on federal law, regardless as to if the federal court is located within the state. However, federal courts are bound to follow Oregon law and decisions of

5830-407: The West, although the periodic fluctuations in the U.S. building industry have hurt the state's economy on multiple occasions. Portland, in particular, experienced a population boom between 1900 and 1930, tripling in size; the arrival of World War II also provided the northwest region of the state with an industrial boom, where Liberty ships and aircraft carriers were constructed. During the 1970s,

5936-550: The abundance of fur-bearing animals in the area. Also in 1811, New Yorker John Jacob Astor financed the establishment of Fort Astoria at the mouth of the Columbia River as a western outpost to his Pacific Fur Company ; this was the first permanent European settlement in Oregon. In the War of 1812 , the British gained control of all Pacific Fur Company posts. The Treaty of 1818 established joint British and American occupancy of

6042-602: The addition of a fifth judicial district. Also that year the Court hired its first clerk after the legislature authorized that position. In 1878, the legislature passed an act to separate the circuit and supreme courts after the population reached 100,000. With the creation of a separate Circuit Court and Supreme Court, riding circuit was abandoned and the Supreme Court was reduced to three members, with members of each court elected separately. Governor Thayer then appointed James K. Kelly , Reuben P. Boise , and Paine Page Prim to

6148-431: The bench as an associate justice and the last two years as the Chief Justice. Mary Leonard became the first woman admitted to the state bar on April 13, 1886, when the court admitted her after a year-long battle that included the state legislature passing a new law to allow women to be admitted. In 1906, the Oregon court upheld a maximum hour law for women in State v. Muller , 48 Or. 252, 85 P. 855 (1906). Due partly to

6254-430: The bench) that have retired from a state court. Only former Supreme Court justices, elected Oregon circuit court judges, or elected Oregon Court of Appeals judges can be assigned to temporary service on the Supreme Court. The court can appoint retired judges, lawyers, and other judges to serve temporarily as judges at any level in Oregon. They can also appoint senior judges to serve on any state court at or below

6360-421: The cases, unless a justice recuses themselves due to a conflict of interest or other concern. The court also reviews death penalty cases, state tax court appeals, and items regarding legal discipline on direct review. Direct review means that the Supreme Court hears cases directly upon appeal without the case first going to the Court of Appeals. Other direct review items include state agency decisions such as

6466-481: The constitution as needed. Governor George Earle Chamberlain declined to take a position. In 1916, Oregonians voted to keep Section 6 of Article II of the constitution, which read "No negro , Chinaman or mulatto shall have the right of suffrage ", even though it had been rendered void by the Fifteenth Amendment to the United States Constitution . In 1927, Oregonians finally decided to remove this suffrage exclusion from their constitution. The Oregon Constitution

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6572-401: The constitutionality of various ballot measures to contract law to torts and even to the location of the capital when Oregon was still a territory. Although small in comparison to the total number of cases the court has decided, some cases have been appealed to the United States Supreme Court . Below are some of the cases that have had scholarly discussion, some of which were later decided by

6678-435: The court as temporary justices until elections could be held. During these early years of the court the selection of the Chief Justice was governed by the Oregon Constitution, with the senior justice or the justice with their term was next to expire was designated as the Chief Justice. This meant that a new chief would be selected at least every two years, and in general meant someone elected would serve their first four years on

6784-441: The court has grown from a single judge to its current make up of seven justices. Justices of the court serve six-year terms upon election, however vacancies are filled by appointments of the Governor of Oregon until the next general election when any qualified candidate may run for the position, including the appointee. These seven justices then select one member to serve a six-year term as Chief Justice . The court's Chief Justice

6890-419: The court received its first female member when Governor Vic Atiyeh appointed Betty Roberts as an associate justice. Then from 1991 to 2005 Wallace P. Carson, Jr. served as chief justice of the court for a record 14 years. The next landmark decision of the U.S. Supreme Court involving the Oregon Supreme Court was Dolan v. City of Tigard , 512 U.S. 374 (1994). In that land use case the Oregon court found

6996-463: The court ruled that state estate laws trumped a federal statute concerning the property of U.S. Veterans who died at Veterans Administration hospitals without a valid will. The U.S. Supreme Court then overturned the Oregon Supreme Court's decision in United States v. Oregon , 366 U. S. 643 (1961). On the administrative end of the court, the Oregon Court of Appeals was created in 1969 as an intermediate appellate court in Oregon. With this change,

7102-411: The court. The newest members of the court are Stephen Bushong, Bronson James and Aruna Masih, who joined in 2023. All of the seven current justices first joined the court as appointees of the governor of Oregon to fill mid-term vacancies. Over the course of its history the Oregon Supreme Court has made a number of decisions as the highest court in Oregon. These cases cover a wide range of topics from

7208-407: The court. It receives appeals from the Oregon Tax Court , the Oregon Court of Appeals, and some select cases such as death penalty appeals. Decisions of the court are published in the Oregon Reporter published by the Oregon Judicial Department. The Territorial Supreme Court was created in 1848 when the Oregon Territory was formed out of the old Oregon Country region, followed by the creation of

7314-417: The current constitution. Over half of the document's content was derived in part from the Indiana constitution . The constitution of 1857 included a racial exclusion section that excluded African Americans and Chinese from the state. (See Racism in Oregon .) On November 9, 1857, Oregon voters approved its first constitution that then became effective upon statehood on February 14, 1859. The constitution

7420-419: The divisions of power within the state government, lists the times of elections, and defines the state boundaries and the capital as Salem . The first constitutional documents enacted in Oregon pre-dated statehood. These were the Organic Law of 1843 and the Organic Law of 1845, adopted to govern Oregon Territory . In 1857, leaders of the territory gathered at the Oregon Constitutional Convention and drafted

7526-465: The early 1800s, and the first permanent European settlements in Oregon were established by fur trappers and traders. In 1843, an autonomous government was formed in the Oregon Country , and the Oregon Territory was created in 1848. Oregon became the 33rd state of the U.S. on February 14, 1859. Today, with 4.2 million people over 98,000 square miles (250,000 km ), Oregon is the ninth largest and 27th most populous U.S. state. The capital, Salem ,

7632-473: The expedition of the frigate Santiago by Juan José Pérez Hernández , and the coast of Oregon became a valuable trade route to Asia. In 1778, British captain James Cook also explored the coast. French Canadians , Scots , Métis , and other continental natives (e.g. Iroquois ) trappers arrived in the late 18th and early 19th centuries, soon to be followed by Catholic clergy. Some traveled as members of

7738-466: The explanatory statement as listed in the Voter's Pamphlet. Oregon's state courts are courts of general jurisdiction, unlike federal courts. That is, the state courts can hear all cases regardless of whether the dispute is based on state law, federal law, or a combination of both, with a few exceptions. Thus the Oregon Supreme Court can hear appeals for cases based on both federal and state law. Although

7844-491: The federal court has before it in their case (see ORS 28.200 to 28.255 and ORAP 12.20). Although only the United States Supreme Court can overturn the decisions of the Oregon Supreme Court, they cannot overturn decisions exclusively based on the Oregon law, though other mechanisms exist that effectively overturn decisions of the Oregon Supreme Court. The U.S. Supreme Court can only accept cases from

7950-499: The first U.S. state to legalize physician-assisted suicide through the Oregon Death with Dignity Act . A measure to legalize recreational use of marijuana in Oregon was approved on November 4, 2014, making Oregon only the second state at the time to have legalized gay marriage , physician-assisted suicide, and recreational marijuana. Self service gasoline was banned in Oregon from 1951 until August 2023. Although self-serve

8056-555: The government forcing the government to either pay compensation when land use regulations reduced the value of a property owners land or waive the regulation. In the early years of the Supreme Court, business was conducted at a variety of locations in downtown Salem. The first public building to house the court was the Territorial Capitol Building in Salem that was built between 1854 and 1855. In that building

8162-554: The growth of railroads expanded the state's lumber , wheat , and other agricultural markets, and the rapid growth of its cities. Due to the abundance of timber and waterway access via the Willamette River, Portland became a major force in the lumber industry of the Pacific Northwest , and quickly became the state's largest city. It would earn the nickname "Stumptown", and would later become recognized as one of

8268-513: The highest level of court that judge had served on before retirement or resignation. The state supreme court is responsible for admitting new lawyers to practice in Oregon, disciplining attorneys , and appointing members to the Board of Bar Examiners. This board of a minimum of fourteen members is responsible for administering the bar exam and screening prospective lawyers before admitting applicants to practice law in Oregon. Oversight of state judges

8374-454: The journey of the Lewis and Clark Expedition in 1805, the region known as Oregon Country experienced increased activity and exploration by Europeans and Americans. Beginning with the fur trade , settlement by Euro-Americans began as early as 1811 with the founding of Fort Astoria and slowly increased until the 1830s. In the 1830s additional settlement occurred, agricultural production increased, and missionaries started religious missions in

8480-496: The lower 48 states. Moose have not always inhabited the state but came to Oregon in the 1960s; the Wallowa Valley herd numbered about 60 as of 2013 . Gray wolves were extirpated from Oregon around 1930 but have since found their way back; most reside in northeast Oregon, with two packs living in the south-central part. Although their existence in Oregon is unconfirmed, reports of grizzly bears still turn up, and it

8586-608: The media as a reminder of how to pronounce the name of his home state. The stickers are sold by the University of Oregon Bookstore . While there is considerable evidence that Paleo-Indians inhabited the region, the oldest evidence of habitation in Oregon was found at Fort Rock Cave and the Paisley Caves in Lake County . Archaeologist Luther Cressman dated material from Fort Rock to 13,200 years ago, and there

8692-477: The most dangerous port cities in the United States due to racketeering and illegal activities at the turn of the 20th century. In 1902, Oregon introduced direct legislation by the state's citizens through initiatives and referendums , known as the Oregon System . On May 5, 1945, six civilians were killed by a Japanese balloon bomb that exploded on Gearhart Mountain near Bly . They remained

8798-595: The mouth of the Columbia River, staying at the encampment from December until March. British explorer David Thompson also conducted overland exploration. In 1811, while working for the North West Company, Thompson became the first European to navigate the entire Columbia River. Stopping on the way, at the junction of the Snake River, he posted a claim to the region for Great Britain and the North West Company. Upon returning to Montreal , he publicized

8904-526: The next six years. Until 1846 with the settlement of the Oregon boundary dispute , the region was not under the jurisdiction of any foreign power. With the resolution of the boundary issue, Britain retained the territory north of the 49th degree of latitude, with the United States taking the land south to the border of Mexican control California . In 1848, when the Oregon Territory was created by

9010-539: The only people on American soil whose deaths were attributed to an enemy balloon bomb explosion during World War II . The bombing site is now located in the Mitchell Recreation Area . Industrial expansion began in earnest following the 1933–1937 construction of the Bonneville Dam on the Columbia River. Hydroelectric power , food, and lumber provided by Oregon helped fuel the development of

9116-408: The placement of prisons, placement of energy production facilities, locations of sites for solid waste disposal, and some labor law injunctions. Additionally, the court has original jurisdiction in, writs of mandamus , writs quo warranto , writs of habeas corpus , reapportionment of state legislative districts, and challenges to ballot measures such as their titles, the fiscal impact statement, and

9222-430: The population of the state reached 100,000 people. Each justice was assigned one district, and then all justices would gather at set intervals to confer on appeals, which would occur at least once per year and were authorized to meet more frequently if needed. On appeals, the justice who presided over the lower court case would not participate in the proceedings. Then in 1862 the court was expanded to five justices with

9328-486: The publication of all Supreme Court decisions was the Oregon Reports, abbreviated Or. or Ore. in case citations . These bound editions are published under the authority of the Oregon Supreme Court as authorized by state law. Joseph G. Wilson started in 1853 as the clerk for the court and was responsible for the Oregon Reports until 1870, though he also served as a justice of the court from 1862 to 1870. Later federal judge Charles B. Bellinger then took over editing

9434-410: The region after the law was passed were forced to leave, and those who did not comply were arrested and beaten. They received no less than twenty and no more than thirty-nine stripes across the back if they still did not leave. This process could be repeated every six months. Slavery played a major part in Oregon's history and even influenced its path to statehood. The territory's request for statehood

9540-584: The region west of the Rocky Mountains to the Pacific Ocean. By the 1820s and 1830s, the Hudson's Bay Company dominated the Pacific Northwest from its Columbia District headquarters at Fort Vancouver (built in 1825 by the district's chief factor, John McLoughlin , across the Columbia from present-day Portland ). In 1841, the expert trapper and entrepreneur Ewing Young died leaving considerable wealth and no apparent heir, and no system to probate his estate. A meeting followed Young's funeral, at which

9646-466: The region. In 1835, the first trial in the region was held with John Kirk Townsend presiding as magistrate over a murder charge. Pioneer settlers continued to immigrate to the region, with larger wagon trains crossing the Oregon Trail in the 1840s bringing more immigrants and a need for courts. The Oregon Supreme Court traces its roots back to the early settlement period of Oregon Country . In 1841, pioneer Ewing Young died without an heir or will in

9752-456: The reports, and served as clerk until 1880. He was followed by T. B. Odeneal, J. A. Stratton, and W. H. Holmes, until 1889 when a law was passed that included a provision that the chief justice take over this responsibility. This arrangement only lasted a few years, as in 1891 a new law allowed the court to hire an official reporter, with later chief justice George H. Burnett serving as the first official reporter. The first reported opinion in

9858-603: The requirements placed on the business owner as conditions to approve an expansion were not a taking under the United States Constitution's takings clause. However, the U.S. Supreme Court disagreed and overturned the Oregon court. Then the Oregon court ruled in February 2006 that Oregon's land use law, Measure 37 , was constitutional. Macpherson v. Department of Administrative Services , 340 Or. 117, 130 P.3d 308 (2006) allowed people to make claims against

9964-639: The sale of pornography . Later in 1987, the court cited this provision when it abolished the state's obscenity statute in State v. Henry . Oregon Oregon ( / ˈ ɒr ɪ ɡ ən , - ɡ ɒ n / ORR -ih-ghən , -⁠gon ) is a state in the Pacific Northwest region of the United States. It is a part of the Western U.S. , with the Columbia River delineating much of Oregon's northern boundary with Washington , while

10070-467: The smallest office (nicknamed "the broom closet") and is responsible for opening the door when a conference is interrupted. When a state court judge retires, resigns, or dies before completing a term, the Governor may appoint another qualified person to the position. To retain that position, the appointed person must run for election for a full six-year term at the next general election . On occasion,

10176-421: The state's name is uncertain. The earliest geographical designation "orejón" (meaning "big ear") comes from the Spanish historical chronicle Relación de la Alta y Baja California (1598), written by Rodrigo Montezuma of New Spain ; here it refers to the region of the Columbia River as it was encountered by the first Spanish scouts. The " j " in the Spanish phrase " El Orejón " was eventually corrupted into

10282-675: The state's top court ruled in State v. De Jonge , 152 Or. 315, 51 P.2d 674 (1935) that the 14th Amendment did not protect Communist Party organizers from prosecution under Oregon's criminal syndicate law. However, the U.S. Supreme Court would overturn this decision in De Jonge v. Oregon , 299 U.S. 353 (1937). Another important case came in 1960 as the Oregon court ruled against the United States government in State Land Board v. United States , 222 Or. 40, 352 P.2d 539 (1960). In that case

10388-492: The supreme court functions of ultimate appeal, a common practice in early American courts. Beginning with statehood in 1859, the court had just four justices, one for each judicial district in the state. The constitution created by the Oregon Constitutional Convention in 1857 called for these justices to serve as both circuit court judges and supreme court justices. This was set to remain until

10494-416: The unorganized lands of what are now the states of Idaho , Washington , and Oregon. In February of that year, settlers met at Champoeg to discuss the creation of a government, including a judiciary to deal with the execution of Young's estate. Although the overall government plans fell through, the group of pioneers and mountain men did elect a Supreme Judge to exercise probate powers. The first judge

10600-424: The visits as educational tools. The court has had a total of 106 individuals serve on the court since its creation during the territorial period. This has ranged from a membership of three justices to seven justices. Since 1913, the number of positions on the bench has been seven. Of the current membership, three are women and four are men. Overall, the court has had ten women compared to ninety-seven men serve on

10706-598: Was Dr. Ira L. Babcock , serving from February 18, 1841, to May 1, 1843. In 1843, a later set of meetings at Champoeg created the Provisional Government of Oregon with a judiciary consisting of a Supreme Judge and two justices of the peace for trial level courts. Albert E. Wilson was the first judge chosen as the Supreme Judge under this new government, but never served. Other judges were appointed or elected during this pre-territory period over

10812-724: Was applied to the River of the West based on Native American tales of powerful Chinook winds on the lower Columbia River, or perhaps from first-hand French experience with the Chinook winds of the Great Plains . At the time, the River of the West was thought to rise in western Minnesota and flow west through the Great Plains. Another suggestion comes from Joaquin Miller , who wrote in Sunset magazine in 1904: The name, Oregon,

10918-688: Was built by the state in 1914 to house the Supreme Court, and this is now the oldest building on the Capitol Mall after the second capitol building burned down on April 25, 1935. In addition to holding court in the Supreme Court Building's third floor courtroom, the court also travels around the state to hold sessions. This includes sessions at colleges, high schools, and the state's three law schools. These three law schools, Willamette University College of Law , University of Oregon Law School , and Lewis & Clark Law School , use

11024-574: Was delayed several times, as members of Congress argued among themselves whether the territory should be admitted as a "free" or "slave" state. Eventually politicians from the South agreed to allow Oregon to enter as a "free" state, in exchange for opening slavery to the Southwestern U.S. Oregon was admitted to the Union on February 14, 1859, though no one in Oregon knew it until March 15. Founded as

11130-501: Was the first acting public government of the Oregon Country before annexation by the government of the United States. It was succeeded by a Second Executive Committee, made up of Peter G. Stewart , Osborne Russell , and William J. Bailey , and this committee was itself succeeded by George Abernethy , who was the first and only Governor of Oregon under the provisional government. Also in 1841, Sir George Simpson , governor of

11236-542: Was unchanged for the remainder of the 19th century, but has been amended numerous times since 1902 (see List of Oregon ballot measures ). The changes have included the introduction of a direct legislation system , which enabled Oregon voters to propose and approve amendments both to the Constitution and to the Oregon Revised Statutes . In 1905, a coalition of Oregon lawyers advocated for convening

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