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Nunley takes age to court He asks the Oregon Supreme Court to force the secretary of state to put him on the ballot By DANI DODGE Mail Tribune Denied an opportunity to run for Jackson County Circuit Court judge because he is over the mandatory retirement age, Walter "Walt" Nunley is asking the Oregon Supreme Court to force the secretary of state to put him on the ballot. "What is important is that the voting public hear what I have to say," said Nunley, 82, of Medford. "At my age, realistically, I'm looking at probably one term, which is no big deal, but it is a big deal in a way because it's a vindication of my position that not putting me on the ballot is a violation of my rights. "Not only my rights, but the voters' rights, too." Nunley, a former Jackson County district attorney, filed his candidacy for the new Circuit Court position March 11. On March 19, he received an e-mail from the secretary of state's office telling him he was disqualified. The letter noted that the Oregon Constitution requires Circuit Court judges to retire when they are 75. On Friday, Nunley filed a petition for pre-emptory writ of mandamus with the Oregon Supreme Court. The petition asks the court to force the secretary of state to put him on the May ballot. "... the disqualification of a candidate solely upon the basis of age, who is otherwise qualified to seek the office and perform the duties of a judge, is a direct, intentional attempt by the State to limit or prevent participation in the election process, the affairs of life, and of government by the elderly," Nunley states in his petition. "Such State action is arbitrary, capricious and discriminatory." Nunley continues that Article VII of the Oregon Constitution only compels sitting judges to retire at age 75. He notes it does not limit prospective candidates to seek or hold judicial office after the age of 75. In the petition, Nunley names Secretary of State Bill Bradbury, state Elections Division Director John Lindback and Jackson County Clerk Kathy Beckett as defendants. Nunley lists not only himself as the plaintiff, but also three voters who won't have a chance to cast their ballots for him without a court order. One voter is Nunley's daughter Sharman Johnson. The other two are Ann and Ben Brunston, a Medford couple who own their own construction business. "I think he's highly qualified," said Ann Brunston, who knows Nunley from church. "Just because he's the age he is doesn't mean he's not competent. He's got a lot of experience and he would make a good judge." John Koskela, a paralegal for the Supreme Court, said the court will act quickly. "Sometimes they can act on it before hearing what the other side says," Koskela said. "They will work on it as quickly as they can. Normally they would usually issue some kind of order within 10 to 14 days on the petition." Nunley, of course, believes time is of the essence. He would like to get started on his campaign. Voter pamphlets are already at the printers, according to a spokeswoman at the Secretary of State's Office. Ballots have gone out to military personnel, said Beckett. Other county ballots are at the printer. Kevin Neely, spokesman for the State Attorney General's Office said the office will "vigorously" defend the secretary of state. "We will stand behind the decision the Secretary of State rendered ... really a decision made by voters in 1960," Neely said. "We have a constitutional amendment passed by Oregon voters and certainly this is another chance to clarify what the voters intended at that time. "It should be interesting." If Nunley prevails, he will face Joe Charter and Bill Purdy, who did qualify for the ballot and are running for circuit court judge. 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.