>La Grande Observer | Union and Wallowa Counties' News Leader

The race for 10th District Circuit Judge is shaping up as a contentious one, with incumbent Phil Mendiguren and challenger Dan Ousley looking like bitter rivals as the May 20 election draws closer.

In a recent talk with The Observer, Ousley, a former Wallowa County District Attorney, heavily criticized Mendiguren, who has been judge since 1997.

Mendiguren in turn defended his record and said his experience makes him the best choice.

“I’ve judged everything from traffic tickets to murder trials, from small claims to suits asking millions of dollars,” he said.

Mendiguren and Presiding Judge Russ West are the two judges serving the district. Ousley said he has no problems with West but thinks it is time for Mendiguren to go.

“If I felt both judges were doing a fine job, I wouldn’t run,” Ousley said.

Among other things, Ousley charges that the incumbent does not keep abreast of current law and often is not adequately prepared for cases.

“I think staying current with the law is important and I can improve on that,” Ousley said.

Ousley also said he thinks Mendiguren is spending too much time away from court. He claims the judge sometimes is in a hurry for court to end so he can go play golf.

Ousley also charged that Mendiguren’s courtroom demeanor is often hostile. He claims his opponent is noted for outbursts of temper and does not treat people in the court room with sufficient respect.

“I think I can improve on the level of professionalism and on treating people with respect,” Ousley said.

Mendiguren said he makes every effort to keep abreast of new developments in the law, but added it is an impossible task to know everything.He said he doubts Ousley could do any better.

“If he is elected, he will find he won’t have time to read everything that’s sent to him,” Mendiguren said.

Mendiguren said Ousley’s website contains information that Ousley still serves as Wallowa County District Attorney. Actually, Ousley was voted out of the office two years ago.

“I don’t know how he can criticize me for not reading everything when he doesn’t even read what’s on his own website,” he said.

Mendiguren acknowledges he has had flare-ups on the bench. But he also said he can and does use restraint.

He said that during video conferences, people charged with crimes often swear at him and delay the proceedings with lengthy argument. He is as patient as possible, he said.

“I’ve had guys from the jail curse at me, especially during video conferences. I talk to them and talk to them. Often people on my staff tell me it’s a wonder I got through the hearing as well as I did,” he said.

He added, “I suppose I’ve had so-called tirades at one time or another, but I’ve also learned how to deal with people.”

On the question of whether he spends too much time on the links, Mendiguren acknowledges he does sometimes leave early for golf, usually on Thursdays. He said the time he takes off is vacation time he misses out on through the year.

“In 12 years of judging, I’ve only taken four to five weeks of vacation,” he said.

He added that he makes it a point to finish his work each day.

“I sometimes work through the noon hour. I will not leave the office when I’ve got a stack of files there. I don’t leave them for the next day,” he said.

Ousley has been a member of the Oregon State Bar since 1973. He served 12 years as Wallowa County district attorney. During that time he also served as Wallowa County counsel.

He continues in the former capacity today, and runs a private practice in Enterprise.

Mendiguren is a Gonzaga Law School graduate who passed the Idaho bar in 1978 and the the Oregon bar in 1979.

He worked in private practice in La Grande from 1979 until he was sworn in as judge in 1997.

He served eight years as presiding judge, giving the position up to West last December.

Mendiguren said he has worked hard to learn his job and that voters should not toss his experience aside.

“I definitely do the job. If it’s not broken, don’t fix it. If (voters) replace me with him they’re going from whatever to a real mess.”

In a recent poll of Union and Wallowa County lawyers, 14 said they favored keeping Mendiguren, and 14 said they would like to see Ousley seated. Ousley believes the poll results are reason for optimism.

“If half the lawyers in both counties say they want to see a change, that’s fine with me,” he said.