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                  The First Challenge In Oregon To PERS Judges Deciding PERS Cases

    In October, 2010, I filed a lawsuit claiming I was entitled to a refund of property taxes that were being used to pay employee PERS contributions.  My claim for refund is based on the argument that Ballot Measure 8 amended Oregon's Constitution, effective January 1, 2005, to prohibit public employers from paying employee PERS contributions and that the Oregon Supreme Court case that declared Ballot Measure 8 unconstitutional is void because all of the justices were PERS members and they could have appointed non-PERS members to the court.

    I also filed a motion to disqualify the tax court judge from hearing this case because he is a PERS member and has a financial interest in the outcome of the case.  The tax Court judge denied my motion.  So, on February 14, 2011, Oregon 152nd birthday, I filed an action in the Oregon Supreme Court to do two things:

    1.  disqualify all of the current Supreme Court justices from the case because, like the Tax Court judge, they are all PERS members with a financial interest in the outcome of the case and for them to temporarily appoint non-PERS judges to the Supreme Court;

and,

    2.    for the non-PERS judges temporarily appointed  to the Oregon Supreme Court to require the Tax Court judge  to disqualify himself from my case.

    If the Tax Court judge is disqualified, then a non-PERS judge will be temporarily appointed to the Tax Court to hear my case.

    Check for updates on the status of this case at: www.inrethepeople.wordpress.com.

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