Gov. Brown’s lawyer declines court nod amid uproar
(Update: Adds more details, comments)
SALEM, Ore. (AP) — Oregon Gov. Kate Brown’s general counsel declined an appointment to the Court of Appeals after the state’s public records advocate accused him of unethical behavior, a situation Brown said she deeply regretted and took responsibility for on Tuesday.
Public Records Advocate Ginger McCall resigned last week after it became known that Brown’s top lawyer, Misha Isaak, tried to pressure her into supporting the governor’s policies while keeping that role secret. McCall abruptly resigned on Sept. 9.
Brown accepted responsibility after earlier blaming her staff.
“I deeply regret that controversies have been created and acknowledge that I am ultimately accountable,” she said in a statement. The Democratic governor insisted in an interview in her office Tuesday that she’s committed to improving the level of transparency and openness in state government.
McCall’s resignation and the release of contemporaneous notes showing her interactions with Isaak have raised doubts about whether Brown is serious about transparency. It led to demands that she rescind her appointment of Isaak to the Court of Appeals. She said Isaak declined the appointment and that she did not push him into the decision.
“He described this last week to me as being excruciatingly painful,” Brown said.
Brown said she would support recommendations by the Public Records Advisory Council, which McCall chaired, on making both the council and the advocate truly independent.
Some council members said at a meeting Friday that freedom of information was at stake.
“We’re serving the people of Oregon in a way to provide them the greatest possible access to information about their government, and a part of that is that the citizens of Oregon have faith and trust in this body,” said council member Les Zaitz, publisher and editor of the Malheur Enterprise.
The council said the advocate and council should be independent and that the adviser should be appointed by the council, not by the governor. McCall, the state’s first public records advocate, said Tuesday she is delighted that Brown supports that idea.
Brown pushed the Legislature to create a public records advocate position in 2017.
Brown had named Isaak to the appeals court in August, to replace a retiring judge, without a candidate search. Brown said that will also change.
“In the future, the governor’s office will announce any vacancies on the Oregon bench publicly and will clearly communicate the process we will follow in reviewing candidates for any judicial positions,” Brown’s statement said.
The Public Records Advisory Council is expected to enlist the help of lawmakers to formulate a bill for the 2010 legislative session to further ensure both the council’s and the advocate’s independence.
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Statement from Gov. Kate Brown:
Governor Kate Brown Statement on Public Records Advisory Council and Judicial Appointments
(Salem, OR) — Governor Kate Brown today released the following statement:
“There is a need for resolution on the separate but related issues of the Public Records Advocate’s resignation and my recent selection of the Governor’s General Counsel for the Court of Appeals vacancy.
“First, let me say that while there has been misunderstanding in and around both processes, I deeply regret that controversies have been created and acknowledge that I am ultimately accountable. I see now that the structure of the Advocate position, which I supported, was flawed from the beginning. Given their policy roles, the Advocate and the Public Records Advisory Council could not be truly independent as long as they were overseen by the Governor’s office, or any other elected official for that matter. Under this structure, any meaningful supervision had the potential to be seen as politically-motivated meddling, even if it was not intended that way.
“Through my years in leadership positions, I’ve come to realize that in politics, a discussion of fault often knows no boundaries until someone takes responsibility for making sure the right thing happens. I am taking that responsibility. As Governor, I want to restore focus on what matters most, which is openness in government.
“I’ve met personally with Ginger McCall to express my regret at her resignation, and to hear her thoughts on how to reinforce the strength of the public records advocate position and better serve the transparency process. I proposed the concept of a Public Records Advocate in 2017, and I am a strong believer in the principles behind its creation.
“This is a new position, and the Legislature and my office have clearly struggled with how to implement it within the current system of state government. In view of this experience, I think it is safe to say we can do much better, and the people of Oregon deserve to know that we take their trust seriously.
“In demonstration of my commitment to public transparency, I look forward to supporting the changes the Public Records Advisory Council proposes to improve the independence of the office of the Public Records Advocate, including efforts to ensure the position is not directly overseen by any elected official, or in any way overseen by the Executive branch but by the Council itself.
“This morning I received Misha Isaak’s letter declining his appointment to the Oregon Court of Appeals. I have come to know Misha for his personal and professional integrity, and he has only reinforced that in making this decision. He is an excellent lawyer and a valued member of my team.
“With respect to questions raised about the appointment of judges, I am working on developing a policy to standardize our process. In the future, the Governor’s office will announce any vacancies on the Oregon bench publicly and will clearly communicate the process we will follow in reviewing candidates for any judicial positions. I am very proud of my record of building a judiciary that reflects the diversity of the people of Oregon, with the highest level of character and legal excellence.”
