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September 26. 2014 12:01AM Let judges teach, serve: Yes on Measure 87 Voters in the Nov. 4 general election will be asked to decide seven ballot measures, ranging from initiative petitions to legalize marijuana and label foods containing genetically modified organisms, to a referendum on drivers licenses for undocumented aliens, to a legislative referral to create a state college scholarship fund. We'll get to all of them eventually, but we start today with one that hasn't generated much attention. Ballot Measure 87 would amend the Oregon Constitution to allow sitting state judges to serve in the National Guard and to teach at public universities. What's wrong with that, you might ask. Nothing at all — which explains the measure's low profile. It's what's known in legislative circles as a "housekeeping" measure because it cleans up wording that causes unintended consequences for some people, in this case judges. The dust bunny under the bed in this case is Article III, Section 1 of the Oregon Constitution, which says no one employed by one branch of government shall simultaneously be employed by another, "except as expressly provided," and Article II, Section 10, which prohibits judges from receiving compensation for military service. Measure 87 would add wording expressly allowing judges to teach in a public university and to serve in the Guard. It also would clean up wording referring to the State Board of Higher Education, which was eliminated when the Legislature restructured the state university system.    The ban on working for more than one branch of government is reasonable in some cases. It wouldn't be a good idea, for instance, for a state legislator to also work as a judge deciding whether laws the Legislature enacted were constitutional. But there is no good reason why a Supreme Court justice shouldn't be able to give law students at the University of Oregon the benefit of his or her experience by teaching a class or two. As for serving in the National Guard, some judges already do. Measure 87 would simply allow them to be paid for their weekend duty just as any other soldier. The measure easily passed both the Senate and the House. There is no organized opposition. We recommend a yes vote on Ballot Measure 87.   http://www.mailtribune.com/article/20140926/OPINION/140929773 © 2015 Copyright © 1995-2011 Crain Communications Inc. All Rights Reserved. Terms of Use Privacy Statement -->