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Oregon Attorney General won't defend secretary of state over ballot measures

Rosenblum says there's a conflict of interest in representing Clarno.

Posted: Oct 31, 2019 5:44 PM

SALEM, Ore. (AP) — Oregon Attorney General Ellen Rosenblum is refusing to defend Secretary of State Bev Clarno in litigation over Clarno's rejection of three proposed ballot initiatives to tighten state forestry laws.

The Oregonian/OregonLive reports that Rosenblum also challenged Clarno's legal basis for tossing the proposals, which Clarno said violated a state requirement that legislative measures stick to one subject. The rule applies equally to voter initiatives and bills in the Legislature.

Rosenblum, a Democrat, said she couldn't represent Clarno, a Republican, because the Oregon Legislature is also a client and she didn't want to make arguments that would impede its work. She said she authorized Clarno to find another lawyer due to the conflicting interests.

"There is no question that, under current law, the legislature could pass a measure such as this one and it would be in full compliance with the 'single subject' requirement," Rosenblum told the newspaper in a statement. "I do not believe there is any compelling reason to argue for a change in the current law."

Clarno's deputy, Rich Vial, declined to answer questions.

Clarno, a Republican who has taken $36,000 in donations from timber interests in her career, is not backing down in a suit brought by environmental advocates trying to ensure their original petitions advance.

She will instead be represented by Schwabe Williamson Wyatt, a Portland law firm that advertises itself as "one of the nation's top timber law practices." The firm says on its website it is "involved" with the Oregon Forest & Industries Council, one of the leading opponents to the ballot measures.

Clarno on Sept. 24 rejected Initiative Petitions 35, 36 and 37. The measures are substantially the same, calling for tightening the state's aerial herbicide spraying laws. They propose more logging restrictions in steep, landslide-prone areas. They would prohibit conflicts of interest for state forestry board appointees.

Clarno rejected the initiatives proposed by environmental advocates, including the group Oregon Wild, saying each of the proposals covered more than one subject. The Oregon constitution says a ballot initiative can only address a single policy topic.

Oregon Coronavirus Cases

Data is updated nightly.

Cases: 309841

Reported Deaths: 3569
CountyCasesDeaths
Multnomah50840642
Washington34683272
Marion32181388
Clackamas26315270
Lane23632246
Jackson20753255
Deschutes16401100
Umatilla12552125
Douglas10599185
Linn1030285
Josephine8536163
Yamhill737299
Klamath637891
Polk617770
Malheur475867
Benton454027
Coos406469
Columbia320237
Jefferson310446
Lincoln272829
Union266036
Wasco236739
Crook212137
Clatsop210225
Tillamook179623
Baker171920
Morrow166621
Curry166317
Hood River161635
Harney77115
Grant7538
Lake6608
Wallowa50111
Gilliam1364
Sherman1283
Wheeler651
Unassigned00

California Coronavirus Cases

Data is updated nightly.

Cases: 4636268

Reported Deaths: 67966
CountyCasesDeaths
Los Angeles144412725849
Riverside3575584802
San Diego3492274006
San Bernardino3468955501
Orange3135295354
Sacramento1498662070
Santa Clara1403871841
Fresno1356471889
Kern1343971515
Alameda1160681320
Ventura976231120
San Joaquin971621615
Contra Costa95595924
Stanislaus800341229
Tulare72812896
San Mateo52172607
San Francisco51808605
Monterey49445565
Solano44061312
Santa Barbara43065500
Sonoma39376376
Merced39279535
Placer36390364
Imperial34235755
Kings30038285
San Luis Obispo28273313
Madera21672258
Butte21205230
Shasta20647276
Santa Cruz20134211
Yolo19118239
Marin17080242
El Dorado15964127
Sutter13055153
Napa1224695
Yuba923461
Nevada845685
Humboldt826284
Tehama821184
San Benito708567
Mendocino681971
Lassen636827
Tuolumne612593
Lake601087
Amador489759
Glenn396430
Siskiyou388841
Calaveras339366
Del Norte334234
Colusa290718
Inyo166239
Mono14935
Plumas12336
Mariposa96712
Trinity71910
Modoc6278
Sierra1980
Unassigned1180
Alpine1000
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