Oregon Supreme Court dismisses complaint against Judge Miller

The Oregon Supreme Court on Thursday accepted the recommendation of the Commission on Judicial Fitness and Disability and dismissed a complaint against Deschutes County Circuit Judge Randy Miller over a Voters’ Pamphlet statement in his 2014 election bid.

In 2010, Miller had attended a trial academy presented by the International Association of Defense Counsel, held on the campus of Stanford Law School, but not affiliated with Stanford Law School.

In his 2014 Voters’ Pamphlet statement, as part of his “Educational Background” together with his college and law school information, respondent wrote “Trial Academy, Stanford Law School.”

After his election, the commission received and investigated a complaint about that statement, resulting in the filing of a formal complaint that alleged two violations of the Oregon Code of Judicial Conduct: Rule 2.1(D) (a “judge” shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation); and Rule 5.1(D) (a “judicial candidate” shall not knowingly or with reckless disregard for the truth make any false statement concerning qualifications, education, experience, or other material fact relating to a judicial campaign).

After conducting a daylong hearing last October, the commission recommended that the Supreme Court dismiss the formal complaint.

In a unanimous, per curiam opinion, the high court accepted the commission’s recommendation.

As to Rule 2.1(D), the court concluded that that rule applies to only a “judge,” but not a “judicial candidate,” and, therefore, the rule did not apply to Miller’s conduct before he became a judge.

As to Rule 5.1(D), the court concluded after reviewing the record that even if respondent’s statement qualified as a “false statement” for purposes of the rule (which the court did not decide), the court was not persuaded by clear and convincing evidence that respondent acted with the requisite mental state.