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Home arrow Opinion arrow Editorials arrow Difficult choice for circuit judge

Difficult choice for circuit judge

One of the toughest choices The Observer editorial board has had to make involves the decision on who to endorse for District 10 circuit court judge. Incumbent Phil Mendiguren, who has served two terms, is being challenged by Dan Ousley, former Wallowa County district attorney. The editorial board sees positives — and negatives — with both candidates. But after lengthy discussion, the board has decided to endorse Judge Mendiguren.

The race for circuit judge has become a hotly contested one, with  accusations being tossed around from both sides. Both men have made enemies in their careers, which is not unexpected considering the fact Mendiguren has served two terms as judge and Ousley served three terms as district attorney before losing re-election in 2006.

Voters will have to sift through the various allegations and determine which, if any, should influence their decision before casting their ballots.

Mendiguren has served two six-year terms. He has experience on his side. And although those 12 years have not come without some controversy that has developed in this election season, the editorial board has concluded that retaining experience on the bench trumps the issues that have evolved since this election campaign began. And despite various allegations, no one has called Mendiguren’s fairness as a judge into question.

Occasional outbursts from the bench and allegations about lack of preparedness are issues Mendiguren needs to address. But neither rise to a call for impeachment, which is basically what throwing out a sitting judge amounts to.

In contrast, challenger Ousley is a studious man with a calm demeanor. He has presented a strong case for election to the bench. But he, too, has his detractors. Voters in Wallowa County chose not to renew his tenure as district attorney, apparently for reasons that ranged from misdirected priorities and too many plea bargains to being noncommunicative with some people.

Ousley is, to some extent, an unknown quantity. With Mendiguren, voters have 12 years of experience on which to judge his tenure as a judge. He needs to watch his outbursts. He needs to make sure he is prepared before trial. But when all is said and done, the fact remains that he is a decent and fair man.

Re-elect Mendiguren to the District 10 circuit judge position.

 
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