| Speech by Governor Kulongoski |
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| September 19, 2003 |
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Oregon State Bar Association
Remarks by Governor Ted Kulongoski
Friday, September 19, 2003
Thank you Charlie for your introduction, your friendship, and for your outstanding leadership of the Oregon State Bar Association.
Mary and I are back from two weeks of hiking and traveling around Oregon. We met and talked to a lot of ordinary citizens along the way – Oregonians who are interested in the future of our state, know the issues, and are passionate about what they believe. And they’re definitely not afraid to speak up. In other words, things have changed since I was a judge. I used to listen to an argument and then hand down my opinion. Now I give my opinion – and get handed an argument. But I wouldn’t have it any other way.
And I will say this about taking time off: When you’re locked up in Salem for nine months trying to balance a budget – with no more revenue than we had in 1999 – it’s easy to forget how fortunate we are live and work in this beautiful state. As attorneys, we’re trained to take sides. But when it comes to repaying the privilege of being Oregon lawyers – there is no other side. There is only a commitment that I hope every member of the bar will take to try and improve the lives of our citizens – and to stay as optimistic about the future of Oregon as I am.
I’ve been a proud member of the Oregon State Bar for over thirty years. Mary, on the other hand, is both member and an employee. She’s an all-star book editor. If you’re wondering how Mary has managed to spend nearly two decades making order out of the chaos of your manuscripts; the answer is – it’s her escape from making order out of the chaos of my career. I wouldn’t be standing here as Governor of Oregon without her.
Of course, I haven’t always been Governor. So over the course of my career, I’ve sat where you’re sitting now. Listened to other governors give speeches as you’re listening now. And prayed for brevity – the way you’re praying now.
I’ve also had the chance to work with many of you to draft new laws, to enforce existing laws, and to make sure that all of our laws serve the public good. Lawyers come in for their share of criticism. Some of it deserved. Most of it not. But I want you to know that I have always considered the practice of law a noble profession. Show me a society where there is no rule of law and no one skilled in applying the law, and I’ll show you a society where the weakest among us have no chance – and strongest among us have no restraint.
I was just making light of my many career changes. But the fact is, my entire career has depended on my legal education and my experience as a lawyer. My legal training – and just as important, the lawyers who worked with me – have always been essential to my success. But you don’t have to spend 30 years working as a government lawyer to know that the law is a complex, ambiguous, time consuming, and – for many citizens – a mind numbing way of deciding disputes and implementing policy. I understand that. But I also understand that – as Churchill said of democracy – the legal process is the worst way to carry out the public’s business – except for every other way.
I’ve served in three branches of government. As a legislator, I made the law. As a judge I interpreted law. And as Attorney General – and now Governor – I applied the law. If that broad experience has taught me nothing else, it has taught me this: Effective public policy is impossible without an effective partnership between government and lawyers. I’m going to use some of my time today talking about this year’s legislative session. But before I do that, I want to say a few words about this partnership.
First, a successful partnership between the bar and government is not a luxury. It’s necessity. I mentioned my own experience as a lawyer and public official. But that is just anecdotal. The partnership between lawyers and civil government is not important because of my individual service. It is important because of our collective service – and our allegiance to rule of law.
The rule of law is the glue that holds together Oregon’s communal bonds, and makes a functioning government possible. Lawyers are uniquely qualified to understand the rule of law, to explain the rule of law, and to apply the rule of law to difficult economic and social problems. In other words, you are uniquely qualified to help me get Oregon back on its feet through your counsel – and knowledge of the rule of law.
The public – understandably – wants a quick fix to our problems. They’re frustrated by the long legislative process – which this year was the longest on record. They’re frustrated by partisan rancor – which, this year was less than we might have expected, but still reared its unmistakable head. They’re frustrated by slow moving courts – and the difficulty of getting their voices heard. And they’re frustrated by a rule of law that must sometimes act as a brake on the runaway train of misbegotten ideas, public passion, short-term thinking, and the undermining of civil rights.
So for the public, the rule of law is often the problem – not the solution. But for lawyers, the rule of law is – and must always be – the solution.
Lawyers, by virtue of their education and experience, have the ability – and even the obligation – to take the long view. To look critically and think objectively. To see where we are and where we need to go. And to keep the system working by working to promote the rule of law.
That means – I need you.
I need you to help me make this a better place for all Oregonians – by standing up for the full funding of our schools and other critical public services.
By working with me during the interim to review our public safety system – and to find better, more cost-effective, ways to keep our citizens safe.
By coming forward to serve as government lawyers – and on the over 100 boards and commissions that advise agencies and act as a forum for Oregonians to express their views and talk back to their government.
By using your common training and analytical abilities as lawyers to advocate for the common values and common economic needs of urban and rural Oregon.
By helping to assure access to the courts for indigent Oregonians – something I’ll have more to say about shortly.
By reviewing candidate qualifications for judicial appointments and making recommendations on those appointments. I thank the bar for the help you have already given me in selecting four judges of outstanding skill and temperament.
And most important, I need you to help me make this a better place for Oregonians by being a voice for robust debate our future – and guardians of the rule of law as the only legitimate means for reaching that future.
There is no denying that we’re still going through tough times in Oregon. Oregon did not just face a winter of discontent. We have faced several years of discontent. And we’re not out of the woods yet. But I am here to tell you that we have made real progress this year toward a better economic future for Oregon. Just this week, CNN reported that Oregon is one of a handful of states that is truly poised for recovery.
I am also here to tell you that despite its length – this year’s legislative session was one of the most successful in the last two decades. Members of both parties summoned the courage to act – and the wisdom to compromise. And because they did – I truly believe that the Oregon is poised to take off as the national economic trends improve.
This legislative session was about laying the groundwork for a real economic recovery in Oregon. To begin with, we reformed the PERS system – which was threatening to bankrupt the state, burden our children, and prevent future employees from having any kind of reasonable pension system of their own.
I said throughout the campaign last year that the Legislature would not go home until PERS was fixed – and they didn’t. Under a series of bills, we not only cut 9-billion from the current system, we set up a successor plan for new employees which incorporates the best of a defined contribution and a defined benefits plan. PERS reform has now gone from the Legislature and to the courts. I’ll be the first to admit that public employee unions, local governments, and the state are gearing up for a tough court battle. You’re going to see some very good lawyering from both public and private attorneys. But I believe that when all of the arguments are heard, the Supreme Court of Oregon will find that the new PERS system is constitutional – and that this will be a major boost for the Oregon economy.
Our economy is going to get a similar boost from the transportation package we passed this year. I’ve been in this business for a long time – and I had pretty much lost count of how many transportation bills failed over the years. The history of transportation in this state has been that all of the interests – labor and business, urban and rural, roads and public transit – simply couldn’t settle their competing differences. Well, this year they did. And the result is a 2.5-billion dollar package that – over the next ten years – is going to mean thousands of high-wage jobs for Oregon workers, and countless opportunities for a very wide range of Oregon businesses.
Since we’re in beautiful Seaside, I should point out that we passed a major tourism bill – which also required lengthy negotiations. This time among the state, counties, and hospitality industry. As with the transportation bill – we proved the skeptics wrong. We created a one-percent hotel-motel tax that will be used to promote Oregon as a tourist destination. As I’ve said many times, I want Oregon to own the summer.
But the most important victory in this year’s session – adequate funding for our schools – is not yet complete. For the most part, I’m not a line-in-the-sand kind of leader. I prefer to let the process play itself out – and not try to force a result. But I will draw a line in the sand when I think that doing so is critical to the future of this state. And there is absolutely no doubt in my mind that a full school year – with reasonable class size and basic programs – is critical to our economic future.
Let me explain something: One of the reasons the cuts to K through 12 over the last two years was so dramatic – and unfortunate – was that we have a long tradition of providing substantial funding to our public schools. The people of Oregon understand the importance of education. And they have always been willing to put their money where their ideals are.
So even when we started making cuts to school budget, we were still investing more per student than most other states. The result of this investment was apparent to anyone willing to look: Test scores in Oregon were – and remain – among the highest in the country. And our children continued to receive a high quality education even as the economy sunk deeper into recession. Still, at some point the cuts were going to become unsustainable. We reached that point this year as schools were forced to close early.
That is why I held the line at 5.3-billion for our schools. Another shortened school year is simply unacceptable. With support from moderate Republicans, both houses of the Legislature came up with a revenue package that will provide 5.2-billion for education and another 100-million if the economy improves.
As you know, the revenue package includes a temporary three-year income tax surcharge. The first thing I want to say about this is that the legislators who voted yes should be commended for having the courage of their convictions. They didn’t do what the Legislature did with Measure 28 – refer it without voting on it. This Legislature stood up and cast a politically tough vote.
Unfortunately, opponents of the surcharge are already collecting signatures to place it on the ballot. A coalition of parents, businesses, teachers, clergy and community leaders are working to defeat the referendum. This is going to be a tough sell. We all saw what happened in Alabama. But I am here to challenge you to be part of the coalition that understands the risk to our economy if the referendum succeeds.
To begin with, basic services – including education, health care, environmental protection, and workforce training – will be seriously compromised. Just as important, Oregon schools and businesses cannot function in a perpetual state of uncertainty. But that’s what they face without a stable, balanced and adequate state budget. So this upcoming referendum is vital to Oregon’s future.
And keep in mind that the referendum is not just about the surcharge. It will also do away with the cigarette tax and the corporate minimum tax. Do we really want to go back to the days when companies like Enron paid 10-dollars in taxes? And are we really prepared to throw 85,000 people off the Oregon Health Plan? Repeal of the cigarette tax will do just that. Which means those 85,000 Oregonians will be getting their health care in expensive emergency rooms – paid for by you and your clients through higher premiums for private insurance.
Let me make one other point about what will be lost if this referendum succeeds. I tend to look at these issues through an economic prism. What do we need to do to create more jobs? What do we need to do to attract new businesses? And, yes, what do we need to do to keep commerce running smoothly in Oregon?
One thing we need to do is have a functioning court system. As I said, businesses need certainty and predictability. That includes a quick way to settle disputes. Lawyers sometimes fail to recognize the importance of a well-funded court system to our economy. First, an unstable court system makes it difficult to attract and retain the best judges. And second, when courts are closed – or not taking civil cases because their short workweek means only criminal cases can be heard – commercial disputes go unresolved. That hurts your private sector clients – and you!
The backers of this referendum do not like to talk about how they would balance the budget if the surcharge is defeated. But I will. Not only will there be major cuts in services, there will be a return to the discredited policy of emptying every reserve fund and mortgaging our children’s future through borrowing. It’s wrong. It’s shortsighted. And it has Oregonians across this state worried and ready to say: Stop! Enough! Oregon families and businesses deserve better!
I’ve said countless times – including today – that I’m born optimist. But I’m also a born realist. I used to box in the Marines. And when I would come out of my corner and look at my six foot opponent coming out of his corner, I wouldn’t be thinking: Hey, no problem! I’d be thinking: Hey, I’ve got a fight on my hands. Well now, collectively, we’ve got a fight on our hands. Our opponents have a big purse and – I can’t resist saying it – a very mean right hook.
But we can win if we work together. So I repeat: I need you to join the coalition that is fighting this referendum. The Oregon State Bar Association has one of the most powerful and respected voices in the state. And it’s not just your own voice. Bar members represents large businesses, small businesses, entrepreneurs, non-profits, farmers, academics, loggers, public employees, and just average Oregon families trying to build a better life for their children.
So you can be strong advocates for defeating the referendum. For fiscal sanity. And for not forcing cuts that the Legislature over nine months was unwilling – and wise – not to make.
In addition to supporting a no-vote on the referendum – I also need your help in assuring access to the courts for all Oregonians. I talked at length about this earlier in the year at the annual conference of The Campaign for Equal Justice. I’ll say again what I said then: “Oregon lawyers cannot turn our economy around. That’s not your responsibility. But it is your responsibility – and mine – to help the Campaign for Equal Justice turn around the lives of people who need legal services but cannot afford them.”
Mary and I believe this to the bone. That’s why she’s kicking off the Campaign’s annual drive with a letter to Oregon lawyers asking for support. Your support is particularly important now because the Legislature provided only half the funding that the Campaign requested – 1-million dollars.
In a tough biennium like the one we just finished – where cuts were being made almost everywhere – I appreciate that the Legislature continued to fund the Campaign. But the fact remains that state support for the Campaign is dropping at the same time the number of Oregonians who need legal assistance – and can’t afford it – is increasing. That means the private bar must step up.
When you take the lead, other giving – from foundations, corporations and the federal government – follows. So as both the Governor and a fellow lawyer, I ask you to make a generous contribution to the Campaign for Equal Justice between now and the end of the year.
I started out today talking about the rule of law. Now I’m finishing by talking about access to the courts. The two are not unrelated. The fact is: You can’t have the rule of law – and you certainly can’t have fundamental fairness – if the rule of law is a tool for some and a pipedream for others. It’s fine for me to use the bully pulpit to talk about the virtues of the rule of law as the glue that holds us together despite our competing interests and differing political philosophies. But if the reality is that all of the inspiring words about the rule law – laid end to end – never reach a better day for indigent Oregonians with legal problems but no legal recourse – then we have failed. For me – failure cannot be an option. We must – as a community of lawyers – complete what the state, in these tough budget times, can only begin: Building a fund for equal justice worthy of the name.
We also need to build an Oregon worthy of the natural beauty, quality of life, pioneer spirit and boundless potential of this state. Given our fragile economy and continued high unemployment – this may seem more like a time for looking inward and keeping our expectations low.
As a legislator, I would rule this kind of thinking – out of order. As a judge, I would dismiss it. Now, as Governor, I simply say: Uncertainty and self-doubt is no way to practice law. And it’s no way to build a strong and healthy future for Oregon.
To do that, we need to believe that our best days are still ahead of us. And they are!
We need to know that our nation’s best lawyers are right here in Oregon. And we do!
And we need to build a lasting partnership between us and the public we both serve. And I promise to you – we will!
Thank you very much.
Contact:
Mary Ellen Glynn 503.378.6496
Marian Hammond 503.378.6169
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