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Would-be judge disqualified State tells Walt Nunley he's too old to hold the office, so he doesn't qualify to run for it By DANI DODGE Mail Tribune The Secretary of State's Office has disqualified judicial candidate Walter "Walt" Nunley from the May 21 primary because of his age. Under the Oregon Constitution, circuit court judges must retire at age 75. Nunley is 82. "Because you are presently older than 75 years, you would not qualify to hold the position of judge if elected." John Lindback, the elections director states in a March 18 letter to Nunley. "Therefore the secretary of state as filing officer for this position cannot approve your candidacy for office." On Tuesday, Nunley, who served as a Jackson County district attorney in the 1950s, said he is mulling over his options. The Medford man said he may pursue legal action to force the secretary of state to accept his candidacy. "I have been doing some research and they are way out in left field," Nunley said, adding that preventing him from running for office is a deprivation of his fundamental rights. Nunley added that court rulings have expanded the U.S. Constitution's 14th Amendment to outlaw discrimination based on age. Lindback acknowledged the 14th Amendment in his letter to Nunley but went on to say: "However, we are not at liberty to disregard the Oregon Constitution." Nunley said that after a story about his candidacy ran in the Mail Tribune - a story that included his age and the state's judicial restrictions - he got many calls from people supporting his candidacy. He said some offered to take his fliers door to door and others invited him to speak at forums. The story explored Nunley's belief in "divine law" as the basis for judicial decisions and his issues with the separation of church and state. "Heck, I thought I was offering something to someone that they weren't getting otherwise," Nunley said. The candidacy forms do not include birthdate information, but Jackson County Clerk Kathy Beckett said she alerted the Secretary of State's Office to Nunley's age. "I felt it was very important because I realized he didn't meet the requirements of the position and he was actually attesting to something that was not true," Beckett said. "On the filing form itself it states he will qualify for the job if elected and meet all the requirements if elected. "He's beyond 75." Unless Nunley takes legal action and is successful,challengers Bill Purdy and Joe Charter will face off in the May 21 primary. Whoever wins more than 50 percent of the vote will take the gavel. This circuit court judgeship is a new position in Jackson County. It was approved by the Legislature in an attempt to get cases handled more quickly and efficiently in the County. 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.