October 11, 2021

Governor Kate Brown C/O General Counsel Office of the Governor 900 Court Street N.E. Salem, OR 97301-4047

Re: Endorsements for Appellate Court Appointment

Dear Governor Brown:

The LGBT Bar Association of Oregon (OGALLA) submits this letter to convey our endorsement of candidates for appointment to current and upcoming vacancies on the Oregon appellate courts. The applicant pool for these positions has been exceptional, and we were honored to interview and evaluate many outstanding Oregon judges and attorneys seeking appointment to these positions. Based upon interviews, written materials, and other vetting of candidates, OGALLA has chosen to endorse the following candidates for appointment to Oregon appellate courts:

• The Hon. Roger DeHoog

• The Hon. Norman Hill

• The Hon. Bronson James

• Robert Koch

• Julia Markley

• Aruna Masih

• Jennifer Middleton

• The Hon. Darlene Ortega

• The Hon. Ramón Pagán

• Shenoa Payne

• P.K. Runkles-Pearson

Selection Criteria for Endorsement

OGALLA reviews candidates for judicial appointment against two broad criteria for selection. While each area is evaluated with an open mind to the myriad types of experience that may qualify a candidate for such positions, both criteria must be met in order to secure our endorsement. First, an OGALLA endorsement requires that a candidate demonstrate the substantive experience and track record of success in the legal profession to excel in the role for which the candidate seeks appointment. For appellate court vacancies, we review for skills, outlook, and experience necessary for the specific demands of that role. Candidates may satisfy this criteria with a significant and established record of excellence in practice, including their length of practice, the types of positions they have held, and the subject areas in which they have experience. A candidate should have a record of success at the highest levels, dealing with complex issues in an efficient and effective manner. A candidate must show both the intellectual rigor to deal with the high strata and esoterica with which the court must wrestle, and familiarity with the practical minutiae of day-to-day law practice. A candidate should demonstrate curiosity and the commitment to learning and research necessary for success in positions that require broad, deep, and nimble engagement with the wide scope of legal issues that may come before the court. Finally, a candidate should demonstrate the qualities of temperament that will allow them to be an effective addition to the community of the court, including: a collegial attitude, an ability to maintain the public’s confidence in the court’s ability to articulate and apply the rule of law, and good judgment.

Second, an OGALLA endorsement requires a demonstrated understanding of and commitment to addressing issues of implicit bias, structural inequality, and other issues that impede access to justice for marginalized communities in Oregon. Our organizational mission centers on advancement of the interests and perspectives of the LGBT community, and we must feel assured that a candidate will bring an open mind and critical awareness to those issues. But we also believe that a candidate’s understanding of issues of implicit bias must be intersectional, particularly around issues of racial justice and structural racism, but also with regard to other marginalized groups, such as persons with disabilities. Thus, while our mission focus is on LGBT inclusion and equality, we will not endorse a candidate who does not demonstrate significant engagement with and understanding of these intersectional issues and perspectives.

A candidate may meet this criteria with a work history dedicated to justice issues in practice, whether directly through their role or significant pro bono experience. A candidate may also establish this criteria through outside work and community engagement illustrating familiarity with and understanding of implicit bias and structural inequality, and a commitment to addressing the needs and perspectives of marginalized communities. Judges play a central role in the inclusion and advancement of diverse rising attorneys through clerkships and into practice, so a demonstrated commitment to diversity and inclusion in hiring and promotion, and overall awareness of the barriers facing marginalized attorneys in their advancement in the profession, is a strong factor. A candidate may also bring personal experiences that inform their perspectives and understanding. Whatever the basis for a candidate’s understanding of these issues, we place significant weight on a candidate’s explicit and substantive demonstration and discussion of equity directly through interviews and written application materials.

Many candidates satisfied our first criterion and displayed the competencies a position on Oregon’s appellate courts require. Our decision not to endorse an otherwise well-qualified candidate should not be taken as a negative judgment as to the candidate’s ability to recognize and address these issues. Rather, our decision not to endorse a candidate reflects OGALLA’s high standards and expectation that a candidate should demonstrate deep and meaningful personal engagement with tackling issues of equity.

OGALLA is honored to have the chance to provide our endorsement for the foregoing candidates for these positions. We greatly appreciate the Governor’s demonstrated commitment to appointing an exceptional bench that reflects the full diversity of the state in which we live, and that can gives all Oregonians confidence in their access to justice.

Please do not hesitate to contact us if you have any questions or require additional information. Thank you for the opportunity to voice our support.

Respectfully Submitted,

Hugo Gonzalez Venegas, J.D.

President OGALLA Oregon’s LGTB Bar Association