investiture of judge jay mcalpin (2)
TRANSCRIPT
IN THE CIRCUIT COURT OF THE STATE OF OREGON
FOR THE COUNTY OF LANE
INVESTITURE CEREMONY
OF
JAY A. MCALPIN
as an Oreg;n Circuit C;urt Judge
Tuesday, June 26, 2012
4:00 p.m.
Harris Hall
Lane C;unty Public Service Building
125 East 8th Avenue
Eugene, Oreg;n
Remarks by H;n. Karsten Rasmussen.........3
Remarks by Liana Reeves...................7
Remarks by Mitzi Naucler.................11
Remarks by H;n. Valeri L;ve..............13
Remarks by Erin Zemper...................15
Remarks by H;n. Ilisa R;;ke-Ley..........23
Remarks by H;n. Karsten Rasmussen........26
Oath ;f Office...........................28
R;bing Cerem;ny..........................30
Remarks by H;n. Jay McAlpin..............30
Final W;rds by H;n. Karsten Rasmussen....38
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EUGENE, OREGON; TUESDAY, JUNE 26, 2012
4:05 P.M.
-;0;-
Harris Hall
CLERK DAN HIGGINS: All rise. The
Circuit C;urt ;f the State ;f Oreg;n f;r Lane
C;unty is n;w in sessi;n. The H;n;rable Karsten
Rasmussen presiding.
(Judges enter.)
CLERK DAN HIGGINS: Please be
seated.
HONORABLE KARSTEN RASMUSSEN:
Welc;me t; the investiture ;f Jay McAlpin this
aftern;;n. I'd like t; start by telling y;u that
what I'd really like t; d; first is tell s;me
j;kes, but I'm t;ld by my family and cl;se
pers;nal friends, as well as all ;f my c;lleagues
that actually d;n't have a sense ;f hum;r, that I
sh;uld skip that part ;f the agenda. S; I'm g;ing
t; spare y;u all in that.
Let me start with s;me intr;ducti;ns
here. I think the appr;priate first thing f;r us
t; d; is talk ab;ut wh; am;ng the bench is here
t;day.
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T; my far right up at the t;p in the
back, Judge Merten, and c;ming t;wards me, Judge
H;lland, Judge Carls;n, Judge Henry, Judge
Carls;n, Judge V;gt, Judge Zennache, Judge
Kasubhai, Judge Chanti, Judge M;;ney.
And then seated here in fr;nt are
s;me ;f ;ur seni;r judges, Judge Carp, Judge
Lars;n, Judge Le;nard, Judge Van Rysselberghe.
And then ;n my far right in fr;nt is
Judge R;;ke-Ley, then Erin Zemper fr;m the
district att;rney's ;ffice, Judge L;ve, Mitzi
Naucler fr;m the Oreg;n State Bar, Liani Reeves
fr;m the g;vern;r's ;ffice, and then this y;ung
fell;w here.
I want t; make s;me ;ther
intr;ducti;ns ;f family and friends ;f Jay
McAlpin. First ;f all, Jay's wife, Megan, and
their daughters Jillian and Charl;tte are here.
Welc;me t; the three ;f y;u.
I'd als; like t; intr;duce B;b and
Jeannie McAlpin wh; live at the N;rth P;le, I'm
t;ld, but ;ne ;f the many unique sp;ts that we
have represented t;day, including Crystal --
Crystal, h;w d; I pr;n;unce y;ur last name?
CRYSTAL TIMMCKE: Timmcke.
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HONORABLE KARSTEN RASMUSSEN:
Timmcke?
CRYSTAL TIMMCKE: Yeah.
HONORABLE KARSTEN RASMUSSEN: And
children, Abby, J;rdan, and Jac;b, all fr;m
Tianjin, China.
I als; have the h;n;r ;f intr;ducing
Jessica and Jas;n Harra, their children Henry,
Oliver, and Vivian, als; fr;m a unique place,
Salem, Oreg;n.
(Laughter.)
HONORABLE KARSTEN RASMUSSEN: Dick
and Dulce Hill, aunt and uncle fr;m Eugene, and
they're here as well. And Sue and Gary Jacks;n
fr;m P;ulsb;, Washingt;n, are here. I'm t;ld that
their daughter, Mr. McAlpin's c;usin, Amy Jacks;n,
may ;r may n;t be here. She lives in Salem.
Studying f;r the bar as we speak, I think. Has a
j;b at Garrett Hemann which, by the way, is a very
g;;d firm. And pers;nally f;r me is g;;d news
because ;therwise in ab;ut five years she w;uld
pr;bably be sw;rn in f;r this bench as a f;rmer
clerk ;f Judge Merten.
I als; w;uld like t; n;te Judge
F;;te in the audience. And Judge Mitchell, I'm
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t;ld, is here. I think that's all my seni;r
judges.
And I have a list here I want t;
make sure I get right. The chief, Pete Kerns,
Eugene p;lice chief, is here, I think. And Greg
Hazarabedian, the executive direct;r ;f Public
Defenders Services. Patty Perl;w, representing
Alex Gardner fr;m the DA's ;ffice, is here as
well.
Have I missed any;ne in my
welc;ming?
HONORABLE DEBRA VOGT: The sheriff.
HONORABLE KARSTEN RASMUSSEN: Is
Sheriff T;m Turner here? Very g;;d. Thank y;u,
Sheriff.
We have, I think, a pretty sh;rt
pr;gram here, and it begins, ;f c;urse, with a few
welc;mes. And I'm g;ing t; intr;duce the f;lks
wh; are g;ing t; d; th;se welc;mes f;r us.
I wanted t; pass al;ng this piece ;f
advice at this juncture t; Jay McAlpin, s;mething
said t; me 13 years ag; in my investiture by Dave
Brewer and it was this: Listen carefully. There
will never be as many nice things said ab;ut y;u
f;r the rest ;f y;ur life as y;u hear t;day except
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at y;ur funeral, which y;u will miss by ab;ut
three days.
Liani Reeves is the general c;unsel
f;r G;vern;r Kitzhaber, and in many ways
resp;nsible f;r the app;intment ;f Mr. McAlpin,
n;w Judge McAlpin, t; ;ur bench. And I w;uld like
t; start with her w;rds ;f welc;me and her
c;mments fr;m her and the g;vern;r. Ms. Reeves.
MS. REEVES: Thank y;u. Thank y;u,
Presiding Judge Rasmussen.
Judges ;f Lane C;unty, friends,
family, c;lleagues ;f Judge McAlpin, thank y;u f;r
inviting the g;vern;r t; participate in this very
imp;rtant cerem;ny. The g;vern;r wants t; send
his c;ngratulati;ns t; Judge McAlpin and his
family and als; a thank y;u f;r pursuing the
judicial path.
The g;vern;r was very pleased t; be
able t; app;int Judge McAlpin t; y;ur bench. This
is the sec;nd investiture that I've had the
privilege ;f being a part ;f and this is the
f;urth app;intment pr;cess t; the Lane C;unty
Circuit C;urt in under a year. And the g;vern;r
rec;gnizes that with this app;intment alm;st a
quarter ;f y;ur c;urt has turned ;ver within this
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year.
This type ;f sweeping change
und;ubtedly will c;me with s;me challenges.
Y;u're saying g;;dbye t; ;ld friends and hell; t;
new ;nes, and y;u will reassess h;w y;u will d;
business as a new c;urt in an ever increasing
financially difficult time.
The g;vern;r has l;;ked at this as
an ;pp;rtunity, and I h;pe that y;u d; as well, t;
find candidates that will bring energy,
creativity, and eventual stability t; this c;urt.
Judge McAlpin's pr;fessi;nal
backgr;und is n;table, and it was n;t a c;ncern at
all in the app;intment pr;cess. He started his
career in this very c;urt as a judicial clerk, and
in his time as a practicing lawyer, he has spent
m;re actual h;urs in a c;urtr;;m than many lawyers
spend in a lifetime.
He has a deep hist;ry ;f criminal
law as a pr;secut;r and he has w;rked with the
c;mmunity and f;r creative s;luti;ns as a drug
c;urt pr;secut;r.
But what's even m;re impressive than
what Mr. McAlpin has d;ne in his career is h;w his
;pp;nents have described h;w he has d;ne it.
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Alth;ugh he has been exclusively ;n the
pr;secut;r's side ;f the aisle in the criminal
arena, defense att;rneys we sp;ke t; praised his
calm demean;r, his reas;nable appr;ach, and s;me
went even s; far t; say that they missed dealing
with him as a pr;secut;r.
He's m;re recently immersed himself
in the w;rld ;f civil law, and we kn;w that he
will treat ;ur civil cases with skill and care.
And, again, the ;verwhelming
feedback that we received ab;ut Jay McAlpin fr;m
his ;pp;nents, even in the civil w;rld, was that
he was sincere and trustw;rthy. They described
him as a fair but t;ugh ;pp;nent, a lawyer ;f his
w;rd, and expressed n; d;ubts ab;ut his ability t;
be a fair and impartial judge ;n this c;urt.
And it is this type ;f feedback that
res;nates with the g;vern;r as he makes the
difficult decisi;n ab;ut wh; t; app;int t; the
bench because being a g;;d lawyer d;es n;t always
translate int; being a g;;d judge.
The g;vern;r takes the r;le ;f
app;inting judges very seri;usly because it is
really seri;us business. The pe;ple ;f ;ur state
turn t; ;ur c;urts t; decide seri;us disputes
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impacting their lives, their livelih;;d, and their
liberties. Judges are the face ;f ;ur c;urts and
h;w they interact with the litigants, h;w they
res;lve disputes, and h;w they present themselves,
b;th inside and ;utside ;f the c;urtr;;m, will
f;rm the basis ;f the public's percepti;n ab;ut
justice and this c;mmunity.
The ideal judge is skilled in the
craft ;f being a lawyer, kn;wledgeable in the r;le
;f law, and has a temperament and a presence that
will instill c;nfidence in the impartiality,
accessibility, and integrity ;f the justice
system.
And as y;u are facing a large
turn;ver in y;ur c;urt and decreasing financial
res;urces, having judges that c;me with a
realistic view ;f the r;le ;f the judge and the
w;rk ;f the c;urts, y;u'll have a sense ;f
creativity and self-sufficiency that will help
m;ve y;ur c;urt f;rward t; adapt t; changing
times.
The g;vern;r is c;nfident that Judge
McAlpin will be the type ;f judge that will meet
these challenges head ;n and will be a valuable
additi;n t; y;ur bench and t; y;ur c;mmunity.
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And s; with that, ;n behalf ;f the
g;vern;r, it is an h;n;r t; welc;me Jay McAlpin
back t; Lane C;unty Circuit C;urt where he started
his career n;w. Welc;me back as Judge McAlpin.
(Applause.)
HONORABLE KARSTEN RASMUSSEN: Thank
y;u. Our next speaker is Mitzi Naucler.
Ms. Naucler is the president ;f the Oreg;n State
Bar Ass;ciati;n and she has s;me w;rds ;f welc;me
as well. Ms. Naucler.
MS. NAUCLER: G;;d aftern;;n. May
it please the C;urt. I'm Mitzi Naucler, president
;f the Oreg;n State Bar. On behalf ;f the Oreg;n
State Bar and its b;ard ;f g;vern;rs, let me
extend my warmest greetings t; Judge McAlpin, his
family and friends, and the ;ther distinguished
guests here t;day.
It is ;ne ;f the pleasures ;f my
tenure as president that I get invited t; attend
events such as this and I'm asked t; make a few
remarks.
The Oreg;n State Bar and bench have
a l;ng relati;nship that all ;f us treasure. In
this regard, Oreg;n sets a very high bar f;r
;thers t; aspire t;. The Oreg;n State Bar has
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supp;rted the c;urts ;f Oreg;n thr;ugh the m;st
recent funding challenges and will c;ntinue t;
assist the c;urts in any way p;ssible. In return,
the c;urts have supp;rted the bar's c;ntinued
eff;rts t; educate the public ab;ut the r;le ;f
the c;urt in a free and dem;cratic s;ciety.
T;gether the bar and the c;urts have
tried t; impr;ve the access t; justice f;r ;ur
m;st vulnerable citizens, at the same time as we
w;rk t; make ;ur justice system c;ntinue its w;rk
in a timely, fair, and effective manner.
The Lane Circuit bench will benefit
fr;m Judge McAlpin's dedicati;n t; public service
and his diligent c;mmitment t; the rule ;f law.
It is n; small sacrifice t; be a member ;f the
Oreg;n bench, especially during these difficult
days ;f budget sh;rtfalls and staff lay;ffs.
We app;int judges such as Judge
McAlpin wh; have track rec;rds ;f diligence and
dedicati;n, but it is n;t en;ugh. We must
c;ntinue t; make sure that the c;urts have the
res;urces necessary t; d; the w;rk ;f making ;ur
c;untry a leader in dem;nstrating the benefits ;f
a s;ciety g;verned by the rule ;f law.
Our c;ngratulati;ns g; ;ut t; Judge
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McAlpin al;ng with ;ur wishes f;r a l;ng and
distinguished tenure as a judge in the c;urts ;f
Oreg;n.
(Applause.)
HONORABLE KARSTEN RASMUSSEN: Our
next speaker is the H;n;rable Valeri L;ve,
president ;f the Lane C;unty Bar Ass;ciati;n ;n
this ;ccasi;n, as well as, ;f c;urse, ;ne ;f my
c;lleagues ;n the bench and ;ne ;f th;se
referenced by Ms. Reeves here a few m;ments ag;.
Judge L;ve.
(Applause.)
HONORABLE VALERI LOVE: Thank y;u,
Judge Rasmussen. It's my pleasure and privilege
t; c;ngratulate Judge McAlpin ;n behalf ;f the
Lane C;unty Bar Ass;ciati;n. We're all very
thankful t; have the ;pp;rtunity t; share this
special and imp;rtant day with him.
I first met Judge McAlpin in 2003,
when he served as a judicial law clerk f;r the
Lane C;unty Circuit C;urt, and I then had the
pleasure ;f w;rking with him later as a c;lleague
at the Lane C;unty district att;rney's ;ffice.
During that time I had the
;pp;rtunity t; see firsthand his ;utstanding w;rk
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ethic, his very c;llegial nature, his sense ;f
hum;r, his heartfelt c;ncern f;r ;thers, and his
c;mmitment t; justice, all traits that will serve
him well, as well as benefit the public as he
begins this new stage ;f his legal career ;n the
bench.
Thr;ugh;ut his career, Judge McAlpin
has dem;nstrated a c;ntinued c;mmitment t; the
greater Lane C;unty c;mmunity thr;ugh his
v;lunteer w;rk. He v;lunteered as a pr; b;n;
att;rney with the Lane C;unty Legal Aid and
Adv;cacy Center and D;mestic Vi;lence Clinic, as
well as the Oreg;n Crime Victims Law Center.
Judge McAlpin als; served ;n vari;us
c;mmittees, including the Lane C;unty Circuit
C;urt Drug C;urt Advis;ry B;ard and the City ;f
Eugene D;wnt;wn Safety Planning Gr;up.
Judge McAlpin, y;ur new c;lleagues,
the att;rneys ;f Lane C;unty, and the citizens ;f
Lane C;unty are all very f;rtunate t; have y;u as
a member ;f the bench. On behalf ;f the Bar
Ass;ciati;n and y;ur c;lleagues, thank y;u very
much f;r y;ur c;mmitment n;t ;nly t; Lane C;unty,
but the legal pr;fessi;n, and y;ur c;ntinued
dedicati;n t; public service. Thank y;u.
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(Applause.)
HONORABLE KARSTEN RASMUSSEN: N;w
we're g;ing t; have a c;uple ;f speakers talk
ab;ut Jay McAlpin and what they kn;w ;f him. Or
at least what they are willing t; share that they
kn;w ;f him. And we're g;ing t; start with Erin
Zemper, wh; is the assistant district att;rney in
the Lane C;unty District Att;rney's Office, and is
g;ing t; share s;me insight and kn;wledge with us
n;w. Ms. Zemper.
(Applause.)
MS. ERIN ZEMPER: Thank y;u, Judge
Rasmussen. And welc;me, again, t; all wh; are
gathered here t;day.
This is a g;;d day f;r the pe;ple ;f
Lane C;unty. I was thrilled, ;f c;urse, when
Judge McAlpin asked me t; speak t;day. I was
thrilled f;r all the reas;ns that y;u might
expect, including the m;st ;bvi;us reas;n ;f all.
That is, as a pr;secut;r, there is n;thing I enj;y
m;re than the s;und ;f my ;wn v;ice.
(Laughter.)
MS. ERIN ZEMPER: S; thank y;u,
Judge McAlpin, f;r this ;pp;rtunity.
As we have gathered in recent years
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t; celebrate and welc;me s;me ;f ;ur new judges,
as we are t;day, we ;ften have sp;ken ;f the
changes ;ur l;cal bench has seen ;ver the years.
Beginning with Judge Helen Frye, the first w;man
app;inted t; the Circuit C;urt in Oreg;n in 1971,
Lane C;unty has enj;yed a pr;ud hist;ry ;f
diversity ;n the bench.
I w;uld understand it, th;ugh, if
y;u l;;ked at Judge McAlpin and "diversity" wasn't
the first w;rd that p;pped int; y;ur head.
(Laughter.)
MS. ERIN ZEMPER: But this
celebrati;n t;day all;ws us t; have a new
discussi;n because we as a s;ciety are ev;lving.
Our definiti;n ;f diversity is ev;lving. We
rec;gnize that diversity means m;re than just male
;r female ;r black ;r white ;r gay ;r straight.
True diversity must als; include cultural and
ec;n;mic backgr;unds. It must include examining
where we c;me fr;m and h;w we g;t t; where we are.
And that is where we find Judge
McAlpin's c;ntributi;n t; the diversity ;f ;ur
bench. His parents met while serving in the army
at Ft. Sill in Oklah;ma. B;b and Jeannie McAlpin
eventually m;ved t; Alaska where they started a
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family and B;b McAlpin f;und w;rk fighting f;rest
fires.
Judge McAlpin's family lived in a
;ne-r;;m cabin al;ng a dirt r;ad in an
uninc;rp;rated p;rti;n ;f the N;rth Star B;r;ugh
;utside ;f Fairbanks. There was n; electricity.
There was n; ph;ne. There was n; running water.
There was an ;uth;use, a hand pump f;r water, and
a c;t in the c;rner with a sleeping bag where a
y;ung Jay McAlpin slept at night.
They may n;t have had much ;f what
many ;f us c;nsider the typical c;mf;rts ;f h;me,
but ;ne thing they had in abundance, h;wever, were
sled d;gs, 20 t; 30 ;f them at any given time.
And a y;ung Jay McAlpin helped feed, water, and
care f;r these d;gs every day.
I kn;w that the daily w;rk inv;lved
with keeping these animals as a y;ung b;y must
have made s;me lasting impressi;n ;n Judge
McAlpin. I kn;w being tasked with this ch;re must
have transcended s;meh;w int; the very w;rk ethic
he exhibits t; this day, but I really have n;
idea.
What I d; kn;w f;r sure ab;ut the
effect ;f these d;gs ;n his life is that every
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time his tw; y;ung daughters have asked him if
they can have a puppy, he has said, with n;t much
m;re than p;lite hesitati;n, "N;." Alth;ugh,
Charl;tte and Jillian, I'm telling y;u, I really
think y;u need t; ask y;ur daddy again t;day f;r
the puppy because I think he's having a really
g;;d day and y;u might get a "yes."
(Laughter.)
MS. ERIN ZEMPER: Later Judge
McAlpin attended N;rth P;le High Sch;;l. When he
first t;ld me that I did what s;me ;f y;u are
pr;bably d;ing right n;w. I G;;gled it ;n my
ph;ne t; make sure such a place actually exists.
It's true, th;ugh, there is indeed a N;rth P;le
High Sch;;l. And I think if I remember c;rrectly,
their sch;;l masc;t was like the Ice Bl;cks ;r
s;mething. S; g; Fighting Ice Bl;cks! This is a
pr;ud day f;r all ;f y;u.
(Laughter.)
MS. ERIN ZEMPER: In any event, it
was in high sch;;l that Judge McAlpin met a lawyer
f;r the first time. When I asked him if that
meeting had any effect ;n him bec;ming a lawyer
himself, he said, "N;t at all."
He t;ld me that bec;ming a lawyer
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seemed ;utside the realm ;f p;ssibility f;r him.
This is n;t particularly surprising as the vast
maj;rity ;f kids he grew up with did n;t c;me fr;m
families with parents with c;llege degrees. And
he said that telling his friends in high sch;;l
that he wanted t; be a lawyer was similar t; him
telling them he was g;ing t; play in the NFL. It
was a pipe dream. It wasn't s;mething that was
g;ing t; happen.
But he graduated fr;m N;rth P;le
High Sch;;l. He was ;ne ;f the first in his
family t; g; t; c;llege, and ;ne ;f ;nly a small
handful ;f his high sch;;l class t; leave his h;me
state after graduati;n.
It was then that he headed straight
f;r Washingt;n, DC, and Ge;rge Washingt;n
University. He wanted t; g; there because he
wanted s;mething as different as p;ssible fr;m
where he had c;me fr;m. And it wasn't until
c;llege that s;me;ne finally p;inted ;ut t; him
that maybe he sh;uld c;nsider law sch;;l. And
like many ;f us here t;day, he f;und himself
intrigued with where law sch;;l might lead.
Like my grandm;ther ;nce cauti;ned
me, "D;n't w;rry ab;ut taking the r;ad less
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traveled. Take the r;ad with the m;st ;ther r;ads
leading ;ff ;f it. Give y;urself ;pti;ns." And
that, indeed, is what a law sch;;l educati;n
;ffers.
S;, ultimately, he f;und himself
back ;n the west c;ast and attended Willamette
University Sch;;l ;f Law where he met his
brilliant and l;vely wife Megan, wh; is beaming in
the fr;nt r;w right n;w, I'll have y;u kn;w.
And n;w I want t; fast f;rward int;
;ne ;f the next maj;r milest;nes in Judge
McAlpin's life and that's ;f c;urse when he met
me.
(Laughter.)
MR. ERIN ZEMPER: I first met Judge
McAlpin when we w;rked t;gether in the Lane C;unty
District Att;rney's Office. We were b;th drawn t;
the w;rk because ;f the simple marching ;rders
that y;u get every day as a pr;secut;r: C;me t;
w;rk and try and d; the right thing.
When I first arrived in the ;ffice I
had c;me fr;m the Clackamas C;unty District
Att;rney's Office and was new t; much ;f the l;cal
legal c;mmunity. On ;ne ;f my first days in the
c;urth;use he came t; me and ;ffered t; take me
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ar;und t; meet the judges. N;w, I didn't ask him
t; d; this. N; ;ne else did. He certainly wasn't
required t;. We weren't even ;n the same trial
team t;gether.
He did it because he underst;;d the
imp;rtance ;f the relati;nship between att;rneys
and the bench. He kn;ws that the administrati;n
;f justice relies ;n these relati;nships. The
relati;nships that we, as a bar, f;rge with each
;ther are crucial f;r us t; be able t; d; ;ur
j;bs.
And while we w;rk in an era ;f
techn;l;gy that may aff;rd us the use ;f Internet,
faxes, emails, v;icemails, and text messages t;
c;mmunicate with ;ne an;ther, ;ur pr;fessi;n still
depends ;n ;ur ability t; res;lve a case in the
hallway ;f the c;urth;use ;ver a handshake. I
learned early ;n in my friendship with Judge
McAlpin that this is s;mething he believes in and
he w;rks at every day.
S; t; the h;n;rable members ;f the
bench, y;u are gaining a very special c;lleague.
I kn;w y;u will appreciate what he has t; ;ffer t;
y;ur ranks. He brings with him unique skills
h;ned thr;ugh his experiences and a pragmatic
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appr;ach t; the w;rld.
He will thrive as a judge. He has
the rare ability t; be able t; use his
intelligence, sincerity, and sense ;f hum;r t;
help pe;ple at ;dds. N;t just tear d;wn the walls
between them, but then als; build bridges with the
st;nes.
I sp;ke with him ab;ut what it meant
t; him t; c;me fr;m where he did and end up where
he is t;day, what is it ab;ut his life experiences
that w;uld m;st affect him ;n the bench. He said
that he kn;ws h;w pe;ple are feeling when they
walk int; a c;urtr;;m and it seems like an;ther
w;rld. He t;ld me, "This language that we use
every day in the c;urtr;;m, this is a language I
did n;t gr;w up speaking."
S; here we have a judge wh; was a
very experienced trial lawyer, f;rmer pr;secut;r,
civil defense att;rney, and yet he is s;me;ne wh;
can still see the c;urt thr;ugh the eyes ;f a pr;
se litigant appearing in c;urt f;r the first time.
This is indeed a g;;d day f;r the pe;ple ;f Lane
C;unty.
I have many names f;r Jay McAlpin:
Att;rney, friend, teacher, c;lleague. But n;w I
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have a new and my m;st fav;rite way t; address
him: Y;ur H;n;r. And that will be my h;n;r.
C;ngratulati;ns.
(Applause and hugs.)
HONORABLE KARSTEN RASMUSSEN: Thank
y;u, Ms. Zemper. Next, ;ur last speaker bef;re
the waited f;r m;ment ;f the aftern;;n, Judge
R;;ke-Ley, a member ;f ;ur bench, is g;ing t; say
a few w;rds ab;ut welc;ming Judge McAlpin t; ;ur
bench, and I think a few w;rds perhaps ab;ut their
experiences as att;rneys back in the day.
Judge R;;ke-Ley.
(Applause.)
HONORABLE ILISA ROOKE-LEY: A few
weeks ag; -- I guess I'm supp;sed t; call him
"judge" n;w -- Judge McAlpin appeared at my
;ffice. He had ;nly been app;inted t; the bench a
few days earlier. He wanted t; speak with me
privately. He had a fav;r t; ask. Immediately I
th;ught, We haven't even started w;rking t;gether
yet and I've already ;ffended him?
(Laughter.)
HONORABLE ILISA ROOKE-LEY: Next I
th;ught he was perhaps g;ing t; ask s;me advice
ab;ut what kind ;f black dress t; ;rder. But he
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had already c;nsulted with Judge Merten, the c;urt
fashi;nista, s; it wasn't ab;ut that.
Instead he said, with a degree ;f
seri;usness I hadn't seen f;r a while, and I qu;te
as cl;sely as I can remember, "If I knew y;ur s;n
Hayden at all, I'd ask him t; speak at my
investiture. But since I d;n't, will y;u?"
(Laughter.)
HONORABLE ILISA ROOKE-LEY: S; h;w
c;uld I say n;? I th;ught ab;ut asking if Hayden
c;uld m;ve in with Jay f;r a few weeks s; that
then he c;uld speak, but then I decided I wanted
t; keep him t; myself.
But I want y;u t; remember, Judge
McAlpin, my s;n Hayden had 18 years ;f material t;
glean fr;m and I ;nly have a few.
Judge McAlpin and I w;rked a
multitude ;f cases t;gether when I was a public
defender and he was an assistant district
att;rney. What I remember m;st ;f all is Jay's
sense ;f fairness and h;w that sense ;f fairness
was c;mmensurate with his sense ;f justice, and
then his sense ;f hum;r which always created a
great b;nd between the tw; ;f us.
I d;n't think he and I ever clashed
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much when we were ;pp;sing c;unsel. And I guess
that might c;me t; s;me surprise t; s;me DAs
sitting here t;day, but it's true. What I
remember is that Judge McAlpin never made
decisi;ns ;n the fly. He was always
intr;spective. He was always ;pen minded and
always well prepared.
I was thinking t;day ab;ut what he
used t; say a l;t when we w;uld have ;ur
c;nversati;ns. And it wasn't just "n;" ;r "n;
way." It was, "Let me think ab;ut it." And that
means a l;t t; s;me;ne wh; was in my p;siti;n
representing pe;ple wh; n;t everyb;dy wants t;
always hear what they have t; say. S; I
appreciated Judge McAlpin's willingness t; always
hear me ;ut.
Judge McAlpin's sense ;f hum;r is
impressive. Behind that y;uthful appearance is
undeniable wit and c;nfidence. The best jurist,
in my ;pini;n, is a pers;n wh; is n;t invested in
any ;utc;me and maintains the true ability t; n;t
just hear, but t; listen.
S;metimes the barriers t; listening
are ;ne's ;wn issues, ;ne's ;wn insecurities ;r,
like the assistant district att;rney said, the
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need t; hear ;ne's ;wn v;ice. She said it. N;t
me.
(Laughter.)
HONORABLE ILISA ROOKE-LEY: Judge
McAlpin is a c;nfident pers;n and as such he will
listen. And he will ask questi;ns and he will
rule decisively after careful c;nsiderati;n. He
will have n; pr;blems applying the facts t; the
law ;f each and every case and he will d; s; with
c;mpassi;n and fairness, and if y;u're lucky,
thr;w in s;me kindhearted wit.
He's n;t afraid t; ackn;wledge when
he d;esn't kn;w s;mething. And he's smart en;ugh
t; kn;w when he d;es n;t kn;w s;mething. And he
will always seek help.
He is a fabul;us additi;n t; this
bench. Judge McAlpin is a gentleman, a father, a
husband, a friend, a br;ther, an uncle, a s;n,
am;ng many ;ther things I w;n't menti;n. But
right n;w we w;uld all like t; welc;me y;u as ;ur
newest c;lleague. Thank y;u.
(Applause.)
HONORABLE KARSTEN RASMUSSEN: I g;t
w;rd that Jay had been app;inted t; the bench -- I
d;n't remember what time ;f the day, but I
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immediately sent ;ff a text message because I have
quite recently acquired ;ne ;f th;se new devices.
And it said, "Hey, c;ngratulati;ns. Can y;u c;me
by my ;ffice t;m;rr;w ab;ut 2:30? KHR." That
w;uld be my initials.
And I g;t a text message back and it
said, "Sure. That w;uld be great. Wh; is this?"
(Laughter.)
HONORABLE KARSTEN RASMUSSEN: Well,
it turns ;ut that aut;c;rrect did the f;ll;wing t;
my message. "KHR" happens t; be the first three
letters ;f the name Khrushchev. And when that was
clarified t; me, I th;ught, We are ;ff t; a great
start.
(Laughter.)
HONORABLE KARSTEN RASMUSSEN: Yeah.
This is g;;d news f;r the presiding judge, that
Jay McAlpin understands my r;le and his.
(Laughter.)
HONORABLE KARSTEN RASMUSSEN: N;w,
;nce he figured ;ut wh; it was he then texted me
and said that he was m;re ;f a G;rbachev kind ;f
guy, and I t;ld him we'd see h;w that w;rked ;ut
f;r him.
And with that, my friend, are y;u
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ready? I'd like y;u t; c;me f;rward and raise
y;ur right hand and say after me.
I, Jay A. McAlpin.
JAY MCALPIN: I, Jay A. McAlpin.
HONORABLE KARSTEN RASMUSSEN: C;me a
little cl;ser s; we can hear this.
D; s;lemnly swear.
JAY MCALPIN: D; s;lemnly swear.
HONORABLE KARSTEN RASMUSSEN: That I
will supp;rt the C;nstituti;n ;f the United
States.
JAY MCALPIN: That I will supp;rt
the C;nstituti;n ;f the United States.
HONORABLE KARSTEN RASMUSSEN: And
the C;nstituti;n ;f the State ;f Oreg;n.
JAY MCALPIN: And the C;nstituti;n
;f the State ;f Oreg;n.
HONORABLE KARSTEN RASMUSSEN: And
that I will faithfully.
JAY MCALPIN: And that I will
faithfully.
HONORABLE KARSTEN RASMUSSEN: And
impartially.
JAY MCALPIN: And impartially.
HONORABLE KARSTEN RASMUSSEN:
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Discharge the duties.
JAY MCALPIN: Discharge the duties.
HONORABLE KARSTEN RASMUSSEN: Of a
judge ;f the Circuit C;urt.
JAY MCALPIN: Of a judge ;f the
Circuit C;urt.
HONORABLE KARSTEN RASMUSSEN:
Acc;rding t; the best ;f my ability.
JAY MCALPIN: Acc;rding t; the best
;f my ability.
HONORABLE KARSTEN RASMUSSEN: And
that I will n;t.
JAY MCALPIN: And that I will n;t.
HONORABLE KARSTEN RASMUSSEN: Accept
any ;ther ;ffer [sic].
JAY MCALPIN: Accept any ;ther
;ffice.
HONORABLE KARSTEN RASMUSSEN:
Office. Thank y;u.
(Laughter.)
HONORABLE KARSTEN RASMUSSEN: Except
judicial ;ffices.
JAY MCALPIN: Except judicial
;ffices.
HONORABLE KARSTEN RASMUSSEN: During
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the term f;r which I have been app;inted.
JAY MCALPIN: During the term f;r
which I have been app;inted.
HONORABLE KARSTEN RASMUSSEN:
C;ngratulati;ns.
(Applause.)
HONORABLE JAY MCALPIN: Thank y;u.
(Megan, Jillian, and Charl;tte McAlpin
perf;rm the r;bing cerem;ny.)
CHARLOTTE MCALPIN: D; we have t;
buy the hat?
HONORABLE JAY MCALPIN: N;. Judges
d;n't have hats.
MEGAN MCALPIN: Charl;tte is
disapp;inted ab;ut the lack ;f hats.
(Laughter.)
(Applause.)
HONORABLE JAY MCALPIN: The first
thing I want t; say is thank y;u, every;ne, f;r
c;ming. I truly appreciate it.
As we were preparing t; c;me d;wn t;
Harris Hall t;day, we passed the c;mmissi;ners'
c;nference r;;m in the Public Service Building and
it reminded me ;f the first time I actually came
t; the Lane C;unty Circuit C;urt when I came t;
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apply as a clerk here and they did the interviews
with all the judges there in the c;mmissi;ners'
c;nference r;;m.
I really wanted this j;b and I
figured that the best way t; d; it was t; prepare
and get myself ready and s; I went t; the c;urt's
website. I printed ;ff all the judges'
bi;graphies. And I figured I c;uld ign;re their
first names because n; ;ne ever calls a judge by
their first name. I mem;rized their last names
and a few facts ab;ut each ;f them and s; when
they asked me a questi;n, I c;uld kind ;f
pers;nalize my answer and really impress them with
my kn;wledge.
And I was really c;nfident and pr;ud
;f this scheme that I had w;rked ;ut t; make
myself stand ;ut as a candidate until I was
br;ught int; the c;nference r;;m and the first
pers;n wh; st;;d up and greeted me was a hands;me,
smiling man wh; stuck his hand ;ut and said, "Hi.
I'm Kip." And then I spent s; much time kicking
myself f;r n;t mem;rizing the first names that I
missed every;ne else's name and I wasn't sure wh;
I was talking t; the entire time.
As I've been thinking ab;ut what t;
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say t;day, I find myself realizing that this day
is, t; a very unc;mf;rtable degree, ab;ut me. And
that is truly unf;rtunate because a Circuit C;urt
judge d;es the public's w;rk, and it is a public
p;siti;n, and it requires a certain pers;nality
and a certain skill set that if I have, which the
speakers t;day have c;nvinced me that I d;, it's
n;t because ;f anything that's innate in me. It's
because ;f y;u, the pe;ple that are here t;day.
And s; I really want t; talk ab;ut
my family, the judges here in the Lane C;unty
Circuit C;urt, and the att;rneys that I've w;rked
with, against, and ar;und f;r my time here as an
att;rney.
First and f;rem;st, I have t; thank
Ms. Reeves f;r being here fr;m the g;vern;r's
;ffice. I'm truly h;n;red by the g;vern;r's
app;intment and I will w;rk hard t; earn the trust
that he has in me.
When I l;;k back at my life and the
things that st;;d ;ut it is fairly catching that
we lived in a small cabin and that we had sled
d;gs and that we didn't have running water. Using
an ;uth;use at 20 degrees bel;w zer; is always a
g;;d icebreaker when y;u're talking t; pe;ple.
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(Laughter.)
HONORABLE JAY MCALPIN: But the
reality is, is that the best thing that I had was
parents wh; instilled in my sister and I tw;
diametrically ;pp;site views and ideas that were
stuck in ;ur heads fr;m an early age. Number ;ne,
my parents always expected b;th ;f us t; have the
highest standards and behavi;r and perf;rmance,
but at the same time they were able t; instill in
us the firm c;nvicti;n and belief that we were
unc;nditi;nally l;ved. (Pause.)
I'm trying n;t t; l;;k at my f;lks.
(Laughter.)
HONORABLE JAY MCALPIN: This is -- I
kn;w as a parent n;w that is extra;rdinarily hard
t; d;. And I w;rk t; d; that with my daughters.
One thing that I had that was really
p;werful in my life which I was able t; see was my
sister Crystal graduate and get her master's
degree recently. She's here with her three l;vely
kids. She was able t; get her master's degree
while m;ving fr;m Fairbanks, Alaska, t; Jakarta,
Ind;nesia, and then n;w Tianjin, China, at the
same time having three kids under five. And she's
there with Jac;b ;ut there.
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(Crystal waves.)
HONORABLE JAY MCALPIN: I als; have
the g;;d f;rtune ;f being married t; Megan and
having Charl;tte and Jillian in my life. When y;u
gr;w up with;ut a t;n ;f things, it's imp;rtant t;
kn;w h;w special family really is.
This c;urt and this c;urt staff have
had an incalculable influence ;n my life. In law
sch;;l y;u get a l;t ;f input ab;ut what y;u
sh;uld d; as a lawyer and a l;t ;f the input is:
G; t; a bigger city, g; t; a bigger firm, g; t; a
higher c;urt t; clerk. But f;r me there was
n;thing that I needed m;re than t; learn h;w t;
keep a jury happy, t; learn the anat;my ;f a c;urt
file, and learn what happens t; a file when it
leaves the att;rney's hand and g;es int; the
system.
I learned fr;m the judges here h;w
t; act with ;ther att;rneys, h;w t; act with the
c;urt, and, m;st imp;rtantly, h;w t; act with
c;urt staff.
My j;b f;r that year was t; watch
trials and then talk t; Judge Merten ab;ut them,
and there is n; better place t; learn h;w t; try a
case than in his ;ffice.
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At the same time I had the g;;d
f;rtune ;f w;rking with Jan Duiven and Cynthia
Revell and learning h;w things g; thr;ugh the
pr;cess and having c;urt staff wh; have been
ar;und f;r a l;ng time. And their help and their
educati;n ;f me as a y;ung lawyer was invaluable.
It w;uld be inappr;priate f;r me t;
talk t;day and n;t menti;n Judge Mary Ann Bearden,
wh;'s seat I have inherited. Thr;ugh ;ur
acquaintance she has been a ment;r and has been an
invaluable pers;n wh; can talk t; y;u ab;ut h;w t;
talk t; the c;urt, h;w t; treat c;urt staff, h;w
t; treat clients.
I think the m;st imp;rtant thing
that she teaches us as we went thr;ugh this
clerkship pr;cess and as we are y;ung lawyers is
h;w different the bench and bar are n;w than when
she started. She w;uld never menti;n it, but
that's because ;f the w;rk she did and ;ur
c;mmunity is better f;r her service.
I t;ld her when I heard she was
retiring that I was sad f;r me that she was
retiring but I was happy f;r her. And I'm sad
that she's n;t here f;r me t;day. But since I
kn;w she's fishing, I'm happy f;r her.
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(Laughter.)
HONORABLE JAY MCALPIN: The last
gr;up ;f pe;ple wh; shaped me are the att;rneys
that I've w;rked with, w;rked against, and w;rked
ar;und. As a practicing att;rney -- and I'm
addressing th;se att;rneys here in Lane C;unty
right n;w -- I have very recently, if my
c;lleagues will cl;se their ears up, been in the
p;siti;n ;f m;re than ;nce being in fr;nt ;f a
judge wh; was talking and talking and talking, and
thinking t; myself, Y;ur H;n;r -- ;f c;urse just
t; myself, I've never said it ;ut l;ud -- Y;ur
H;n;r, if y;u w;uld just sit back, listen t; me,
we'll get thr;ugh this t;gether.
(Laughter.)
HONORABLE JAY MCALPIN: And s; the
att;rneys ;f Lane C;unty, the att;rneys in the
DA's ;ffice that I had the pleasure ;f w;rking in
f;r the last -- ;r f;r five years, I learned fr;m
y;u h;w hard y;u w;rk. And the quality ;f w;rk
that y;u d; has n;thing t; d; with h;w well y;u're
paid ;r h;w well y;u are appreciated f;r the w;rk
y;u d;. And I thank y;u f;r that less;n.
T; Lane C;unty's criminal defense
bar, I want t; say a special thank y;u. The m;st
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imp;rtant less;n I learned as a lawyer was that
y;u c;uld be a zeal;us adv;cate f;r y;ur clients
and y;ur p;siti;n with;ut being malici;us ;r
unpr;fessi;nal, and I learned that because ;f h;w
the criminal defense bar treated me when I first
started ;ut. And I appreciate that less;n. And
that was the ;ne thing ;f all the things that I've
tried t; steal fr;m pe;ple is t; emulate the way
y;u guys treated me.
I had the g;;d f;rtune ;f being able
t; m;ve t; the civil bar and had a really steep
learning curve switching fr;m criminal t; civil.
I had a very patient and g;;d teacher in Debra
Velure, wh; is here, Tracie B;ring, and Marla
Smith wh; helped me make that transiti;n, and I
appreciate that.
I c;uldn't have had a better
supervis;r than Mark Zipse and Julie Elkins, wh;
really -- y;u kn;w, having a civil supervis;r wh;
has tried ;ver 100 jury trials is really helpful
when y;u m;ve fr;m the criminal pr;secuti;n int;
civil defense because y;u can have s;me;ne wh; can
talk t; y;u and speak the language in a way that
y;u understand but m;ve y;u thr;ugh that pr;cess.
And I really appreciate that.
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T; all the att;rneys ;ut there, what
I will need m;st fr;m y;u is y;ur patience and
y;ur kn;wledge. I have watched y;u f;r years even
if I haven't had cases with y;u. I've watched
what y;u d; and h;w y;u d; it and that has had a
huge impact ;n me. If y;u are patient with me, if
y;u bring me y;ur kn;wledge, I pr;mise I will sit
back, I will listen, and we'll get thr;ugh this
t;gether.
Thank y;u.
(Standing ;vati;n.)
HONORABLE KARSTEN RASMUSSEN: I
appreciate y;u menti;ning Judge Bearden, which I
had intended t; d;, and I can tell y;u f;r a fact
that she is fishing in M;ntana. And that she
sends y;u her best and her greetings.
And I appreciate the clarificati;n,
t;;, ab;ut what y;u were thinking the last time
y;u appeared in c;urt in fr;nt ;f me.
(Laughter.)
HONORABLE KARSTEN RASMUSSEN: I want
t; thank y;u all very much f;r c;ming and I think
the last tw; n;tes I w;uld like t; make f;r the
rec;rd are this. We started at f;ur. It is n;w
4:47. F;r th;se ;f y;u practicing in Lane C;unty,
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y;u might take n;te ;f that. I suspect that is
h;w Judge McAlpin is g;ing t; be running his
c;urtr;;m.
Lastly, y;u are all invited t; a
recepti;n at the Oreg;n Electric Stati;n which
will start as s;;n as y;u get there. We are
adj;urned.
(Applause.)
(The pr;ceedings c;ncluded at 4:47 p.m.)