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Candidate, 82, says age requirement is wrong Walt Nunley is running for circuit judge, for whom retirement age is 75 By DANI DODGE Mail Tribune "Today the emphasis has grown practically just overnight, to a separation of church and state that was never intended and never the case when this country was formed," Nunley said. "All the great lawyers and economists like John Locke could not adequately discuss their position on law without relating it to divine law, either natural law that God placed in the heart of all people regardless of their religion, or to the codification of law that he handed down through Moses. "I think without that perspective, that we make a lot of mistakes in the administration of civil law." Nunley, a Medford resident, served as the district attorney for Jackson County from 1952 to 1957. He worked in general law until his retirement in 1993. At that time, he also retired from the state bar association. Nunley will face Jackson County Bar Association President Joe Charter, 44, and retired attorney Bill Purdy, 68, in the race for a newly created Jackson County Circuit Court judge position. Unlike his opponents, who registered their candidacies last year, Nunley filed this week, just before the deadline. The trio's names will appear on the May 21 primary ballot. If none of the candidates gets more than 50 percent of the vote, the top two vote-getters will appear on the general election ballot in November. Although Nunley is not currently a member of the state bar association, as is required of judges, he has applied to have his membership reinstated. "We forwarded the application to the Oregon Supreme Court with a positive recommendation," said Karen Garst, the executive director of the Oregon State Bar. "They make the final decision, but I can't imagine any problem with this reinstatement. This is just a run-of-the-mill reinstatement." When asked about requirements of a circuit court position, Nancy Ferry, an elections clerk in the secretary of state's office, listed one of them as mandatory retirement at age 75. But she said she didn't know if her office would keep Nunley off the ballot. "We don't always know the date of birth," Ferry said. "So, we may not necessarily disqualify him, but it will be up to the Department of Justice to look into it. (The retirement requirement) is in the Oregon Constitution." Nunley, though, points out that the state's constitution only requires sitting judges to retire at age 75. "It's poorly written," the 82-year-old said. "It leaves the door wide open to become a circuit court judge because I'll never be 75." Nunley said he believes the restriction is age discrimination and he could fight it and win in the Supreme Court if challenged. Both Charter and Purdy welcomed Nunley into the race. "I think Joe is by far the tougher opponent because he's an active member of the bar and is out working hard and still a presence in the legal community and Walter hasn't been," Purdy said. "But if he's qualified as a candidate, that's our system." Nunley said he is a strong candidate because of his breadth of experience and his philosophy that he believes sets him apart from others in Jackson County's legal community. "I think I would be a good judge, and after my wife died this spring, retirement is nothing now," he said. "I don't want to go back to practice particularly, but I think I was a good lawyer, a successful lawyer and I'll make a good judge." Nunley said he would like to emulate a judge he used to know in Multnomah County who didn't let the pressures of people questioning his rulings bother him. "He said, 'I do not worry about what lawyers think or what appellate courts think on matters that come before me - I do what I think is right.' " Reach reporter Dani Dodge at 776-4471, or e-mail [email protected] Mail Tribune Home | Ottaway Newspapers, Inc. | Dow Jones & Co., Inc. | Privacy | Contact Us Copyright � 2001 Mail Tribune, Inc.