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OREGONIAN PUBLISHING CO. v. O'LEARY

85-1-108; CA A36591.

724 P.2d 822 (1986)

80 Or. App. 754

OREGONIAN PUBLISHING COMPANY an Oregon corporation, and Joan Laatz, individually and on behalf of a class consisting of all residents of Oregon, Appellants, v. James W. O'LEARY, in his official capacity as District Attorney for Clackamas County, Defendant, Charles A. Sams, in his official capacity as Judge of the Circuit Court for the Fifth Judicial District, and the State of Oregon, Respondents.

Court of Appeals of Oregon.

Decided August 20, 1986.

Attorney(s) appearing for the Case

Charles F. Hinkle, Portland, argued the cause for appellants. With him on briefs were Robert S. Sola and Stoel, Rives, Boley, Fraser & Wyse, Portland.

Kendall M. Barnes, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on brief were Dave Frohnmayer, Atty. Gen. and James E. Mountain, Jr., Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Plaintiffs commenced this declaratory judgment action for a declaration that ORS 136.617 violates the state and federal constitutions. The trial court granted defendants' motion for summary judgment, ruling that the statute is constitutional. Plaintiffs appeal and argue that the statute is facially invalid.1

This action had its genesis in a July, 1984, murder trial in Clackamas County. The state called a witness...

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