The Oregon Supreme Court ruled unanimously Thursday that a law passed by the Legislature in 2017 aimed at reducing sentences for property crimes is constitutional.
Oregon Supreme Court Chief Justice Martha L. Walters addresses the Oregon House of Representatives on Monday, Jan. 14, 2019, in Salem, Ore.
Bradley W. Parks / OPB
State lawmakers in Salem passed House Bill 3078 by a simple majority. But the law was challenged by Clackamas County District Attorney John Foote.
Foote argued the law was unconstitutional.
Since it made sentencing changes to a ballot measure — Measure 57 passed in 2008 — Foote argued it required a two-thirds majority vote by lawmakers before it could be changed.
In February, a special panel of three Clackamas County judges agreed with Foote. So did a judge in Lincoln County, where they entered a criminal sentence for Santiago Maximo Vallin. He was sentenced under Measure 57 without the update under HB 3078.
The Foote and Vallin cases are different, but were heard on the same day and cover many of the same legal questions.
The court has yet to rule on the Foote case. Thursday's ruling was only on the Vallin case.
"For the reasons that follow, we conclude that HB 3078 (2017) does not 'reduce a criminal sentence approved by the people' within the meaning of Article IV, section 33, and that it could be, and was, validly enacted by a simple majority of the Legislature," Chief Justice Martha Lee Walters wrote in the court's opinion.
The Oregon Constitution is clear that the Legislature needs a two-thirds majority to make changes to voter approved ballot measures.
In 2009, lawmakers did make changes to Measure 57. And they did so with a two-thirds majority.
In its ruling, the Supreme Court said House Bill 3078 didn't need a two-thirds majority because lawmakers were revisiting an issue that had already been changed.
In essence, the court said, after making changes to a ballot measure with a two-thirds majority, the Legislature only needs a simple majority to make any subsequent changes to the same part of a law.
"We continue to believe that violated the Oregon Constitution," Foote said in a statement Thursday. "However, today the Oregon Supreme Court ruled it did not and we will abide by the decision without agreeing with it."
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The Legislature passed HB 3078 to help curb the amount of people incarcerated in Oregon. The state is on the verge of having to open another women's prison that lawmakers say could cost more than $15 million.
House Majority Leader Jennifer Williamson, D-Portland, who also serves as chair of the House Committee on Judiciary, said she was pleased with the ruling.
"The failed policies of the past will not hold us back from reforming our broken criminal justice system," Williamson said in a statement. "Thanks to this ruling, we can continue to make investments in effective treatment programs that make our communities safer and ensure that we continue to bend the cost-curve on ballooning corrections budgets.”
The ACLU of Oregon noted that Foote was one of at least seven district attorneys who were challenging HB 3078 in their respective counties.
“The court today affirmed that the Legislature has the power to do their job and update criminal justice and public safety policies based on new information, research, best practices, and budget constraints,” said David Rogers, executive director of the ACLU of Oregon. “When criminal justice policies are proven to be ineffective or too costly, we shouldn’t make it harder for our legislators to pass important reforms.”
Rogers noted the ruling underscores the Legislature's ability to update and refine ballot measures, which he said are often blunt tools for changing public policy.
OPB's Meerah Powell contributed to this story.