Investiture of Judge Jay McAlpin (2)

IN THE CIRCUIT COURT OF THE STATE OF OREGON

FOR THE COUNTY OF LANE

INVESTITURE CEREMONY

OF

JAY A. MCALPIN

as an Oreg;n Circuit C;urt Judge

Tuesday, June 26, 2012

4:00 p.m.

Harris Hall

Lane C;unty Public Service Building

125 East 8th Avenue

Eugene, Oreg;n

Remarks by H;n. Karsten Rasmussen.........3

Remarks by Liana Reeves...................7

Remarks by Mitzi Naucler.................11

Remarks by H;n. Valeri L;ve..............13

Remarks by Erin Zemper...................15

Remarks by H;n. Ilisa R;;ke-Ley..........23

Remarks by H;n. Karsten Rasmussen........26

Oath ;f Office...........................28

R;bing Cerem;ny..........................30

Remarks by H;n. Jay McAlpin..............30

Final W;rds by H;n. Karsten Rasmussen....38

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EUGENE, OREGON; TUESDAY, JUNE 26, 2012

4:05 P.M.

-;0;-

Harris Hall

CLERK DAN HIGGINS: All rise. The

Circuit C;urt ;f the State ;f Oreg;n f;r Lane

C;unty is n;w in sessi;n. The H;n;rable Karsten

Rasmussen presiding.

(Judges enter.)

CLERK DAN HIGGINS: Please be

seated.

HONORABLE KARSTEN RASMUSSEN:

Welc;me t; the investiture ;f Jay McAlpin this

aftern;;n. I'd like t; start by telling y;u that

what I'd really like t; d; first is tell s;me

j;kes, but I'm t;ld by my family and cl;se

pers;nal friends, as well as all ;f my c;lleagues

that actually d;n't have a sense ;f hum;r, that I

sh;uld skip that part ;f the agenda. S; I'm g;ing

t; spare y;u all in that.

Let me start with s;me intr;ducti;ns

here. I think the appr;priate first thing f;r us

t; d; is talk ab;ut wh; am;ng the bench is here

t;day.

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T; my far right up at the t;p in the

back, Judge Merten, and c;ming t;wards me, Judge

H;lland, Judge Carls;n, Judge Henry, Judge

Carls;n, Judge V;gt, Judge Zennache, Judge

Kasubhai, Judge Chanti, Judge M;;ney.

And then seated here in fr;nt are

s;me ;f ;ur seni;r judges, Judge Carp, Judge

Lars;n, Judge Le;nard, Judge Van Rysselberghe.

And then ;n my far right in fr;nt is

Judge R;;ke-Ley, then Erin Zemper fr;m the

district att;rney's ;ffice, Judge L;ve, Mitzi

Naucler fr;m the Oreg;n State Bar, Liani Reeves

fr;m the g;vern;r's ;ffice, and then this y;ung

fell;w here.

I want t; make s;me ;ther

intr;ducti;ns ;f family and friends ;f Jay

McAlpin. First ;f all, Jay's wife, Megan, and

their daughters Jillian and Charl;tte are here.

Welc;me t; the three ;f y;u.

I'd als; like t; intr;duce B;b and

Jeannie McAlpin wh; live at the N;rth P;le, I'm

t;ld, but ;ne ;f the many unique sp;ts that we

have represented t;day, including Crystal --

Crystal, h;w d; I pr;n;unce y;ur last name?

CRYSTAL TIMMCKE: Timmcke.

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Timmcke?

CRYSTAL TIMMCKE: Yeah.

HONORABLE KARSTEN RASMUSSEN: And

children, Abby, J;rdan, and Jac;b, all fr;m

Tianjin, China.

I als; have the h;n;r ;f intr;ducing

Jessica and Jas;n Harra, their children Henry,

Oliver, and Vivian, als; fr;m a unique place,

Salem, Oreg;n.

(Laughter.)

HONORABLE KARSTEN RASMUSSEN: Dick

and Dulce Hill, aunt and uncle fr;m Eugene, and

they're here as well. And Sue and Gary Jacks;n

fr;m P;ulsb;, Washingt;n, are here. I'm t;ld that

their daughter, Mr. McAlpin's c;usin, Amy Jacks;n,

may ;r may n;t be here. She lives in Salem.

Studying f;r the bar as we speak, I think. Has a

j;b at Garrett Hemann which, by the way, is a very

g;;d firm. And pers;nally f;r me is g;;d news

because ;therwise in ab;ut five years she w;uld

pr;bably be sw;rn in f;r this bench as a f;rmer

clerk ;f Judge Merten.

I als; w;uld like t; n;te Judge

F;;te in the audience. And Judge Mitchell, I'm

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t;ld, is here. I think that's all my seni;r

judges.

And I have a list here I want t;

make sure I get right. The chief, Pete Kerns,

Eugene p;lice chief, is here, I think. And Greg

Hazarabedian, the executive direct;r ;f Public

Defenders Services. Patty Perl;w, representing

Alex Gardner fr;m the DA's ;ffice, is here as

well.

Have I missed any;ne in my

welc;ming?

HONORABLE DEBRA VOGT: The sheriff.

HONORABLE KARSTEN RASMUSSEN: Is

Sheriff T;m Turner here? Very g;;d. Thank y;u,

Sheriff.

We have, I think, a pretty sh;rt

pr;gram here, and it begins, ;f c;urse, with a few

welc;mes. And I'm g;ing t; intr;duce the f;lks

wh; are g;ing t; d; th;se welc;mes f;r us.

I wanted t; pass al;ng this piece ;f

advice at this juncture t; Jay McAlpin, s;mething

said t; me 13 years ag; in my investiture by Dave

Brewer and it was this: Listen carefully. There

will never be as many nice things said ab;ut y;u

f;r the rest ;f y;ur life as y;u hear t;day except

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at y;ur funeral, which y;u will miss by ab;ut

three days.

Liani Reeves is the general c;unsel

f;r G;vern;r Kitzhaber, and in many ways

resp;nsible f;r the app;intment ;f Mr. McAlpin,

n;w Judge McAlpin, t; ;ur bench. And I w;uld like

t; start with her w;rds ;f welc;me and her

c;mments fr;m her and the g;vern;r. Ms. Reeves.

MS. REEVES: Thank y;u. Thank y;u,

Presiding Judge Rasmussen.

Judges ;f Lane C;unty, friends,

family, c;lleagues ;f Judge McAlpin, thank y;u f;r

inviting the g;vern;r t; participate in this very

imp;rtant cerem;ny. The g;vern;r wants t; send

his c;ngratulati;ns t; Judge McAlpin and his

family and als; a thank y;u f;r pursuing the

judicial path.

The g;vern;r was very pleased t; be

able t; app;int Judge McAlpin t; y;ur bench. This

is the sec;nd investiture that I've had the

privilege ;f being a part ;f and this is the

f;urth app;intment pr;cess t; the Lane C;unty

Circuit C;urt in under a year. And the g;vern;r

rec;gnizes that with this app;intment alm;st a

quarter ;f y;ur c;urt has turned ;ver within this

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year.

This type ;f sweeping change

und;ubtedly will c;me with s;me challenges.

Y;u're saying g;;dbye t; ;ld friends and hell; t;

new ;nes, and y;u will reassess h;w y;u will d;

business as a new c;urt in an ever increasing

financially difficult time.

The g;vern;r has l;;ked at this as

an ;pp;rtunity, and I h;pe that y;u d; as well, t;

find candidates that will bring energy,

creativity, and eventual stability t; this c;urt.

Judge McAlpin's pr;fessi;nal

backgr;und is n;table, and it was n;t a c;ncern at

all in the app;intment pr;cess. He started his

career in this very c;urt as a judicial clerk, and

in his time as a practicing lawyer, he has spent

m;re actual h;urs in a c;urtr;;m than many lawyers

spend in a lifetime.

He has a deep hist;ry ;f criminal

law as a pr;secut;r and he has w;rked with the

c;mmunity and f;r creative s;luti;ns as a drug

c;urt pr;secut;r.

But what's even m;re impressive than

what Mr. McAlpin has d;ne in his career is h;w his

;pp;nents have described h;w he has d;ne it.

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Alth;ugh he has been exclusively ;n the

pr;secut;r's side ;f the aisle in the criminal

arena, defense att;rneys we sp;ke t; praised his

calm demean;r, his reas;nable appr;ach, and s;me

went even s; far t; say that they missed dealing

with him as a pr;secut;r.

He's m;re recently immersed himself

in the w;rld ;f civil law, and we kn;w that he

will treat ;ur civil cases with skill and care.

And, again, the ;verwhelming

feedback that we received ab;ut Jay McAlpin fr;m

his ;pp;nents, even in the civil w;rld, was that

he was sincere and trustw;rthy. They described

him as a fair but t;ugh ;pp;nent, a lawyer ;f his

w;rd, and expressed n; d;ubts ab;ut his ability t;

be a fair and impartial judge ;n this c;urt.

And it is this type ;f feedback that

res;nates with the g;vern;r as he makes the

difficult decisi;n ab;ut wh; t; app;int t; the

bench because being a g;;d lawyer d;es n;t always

translate int; being a g;;d judge.

The g;vern;r takes the r;le ;f

app;inting judges very seri;usly because it is

really seri;us business. The pe;ple ;f ;ur state

turn t; ;ur c;urts t; decide seri;us disputes

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impacting their lives, their livelih;;d, and their

liberties. Judges are the face ;f ;ur c;urts and

h;w they interact with the litigants, h;w they

res;lve disputes, and h;w they present themselves,

b;th inside and ;utside ;f the c;urtr;;m, will

f;rm the basis ;f the public's percepti;n ab;ut

justice and this c;mmunity.

The ideal judge is skilled in the

craft ;f being a lawyer, kn;wledgeable in the r;le

;f law, and has a temperament and a presence that

will instill c;nfidence in the impartiality,

accessibility, and integrity ;f the justice

system.

And as y;u are facing a large

turn;ver in y;ur c;urt and decreasing financial

res;urces, having judges that c;me with a

realistic view ;f the r;le ;f the judge and the

w;rk ;f the c;urts, y;u'll have a sense ;f

creativity and self-sufficiency that will help

m;ve y;ur c;urt f;rward t; adapt t; changing

times.

The g;vern;r is c;nfident that Judge

McAlpin will be the type ;f judge that will meet

these challenges head ;n and will be a valuable

additi;n t; y;ur bench and t; y;ur c;mmunity.

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And s; with that, ;n behalf ;f the

g;vern;r, it is an h;n;r t; welc;me Jay McAlpin

back t; Lane C;unty Circuit C;urt where he started

his career n;w. Welc;me back as Judge McAlpin.

(Applause.)

HONORABLE KARSTEN RASMUSSEN: Thank

y;u. Our next speaker is Mitzi Naucler.

Ms. Naucler is the president ;f the Oreg;n State

Bar Ass;ciati;n and she has s;me w;rds ;f welc;me

as well. Ms. Naucler.

MS. NAUCLER: G;;d aftern;;n. May

it please the C;urt. I'm Mitzi Naucler, president

;f the Oreg;n State Bar. On behalf ;f the Oreg;n

State Bar and its b;ard ;f g;vern;rs, let me

extend my warmest greetings t; Judge McAlpin, his

family and friends, and the ;ther distinguished

guests here t;day.

It is ;ne ;f the pleasures ;f my

tenure as president that I get invited t; attend

events such as this and I'm asked t; make a few

remarks.

The Oreg;n State Bar and bench have

a l;ng relati;nship that all ;f us treasure. In

this regard, Oreg;n sets a very high bar f;r

;thers t; aspire t;. The Oreg;n State Bar has

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supp;rted the c;urts ;f Oreg;n thr;ugh the m;st

recent funding challenges and will c;ntinue t;

assist the c;urts in any way p;ssible. In return,

the c;urts have supp;rted the bar's c;ntinued

eff;rts t; educate the public ab;ut the r;le ;f

the c;urt in a free and dem;cratic s;ciety.

T;gether the bar and the c;urts have

tried t; impr;ve the access t; justice f;r ;ur

m;st vulnerable citizens, at the same time as we

w;rk t; make ;ur justice system c;ntinue its w;rk

in a timely, fair, and effective manner.

The Lane Circuit bench will benefit

fr;m Judge McAlpin's dedicati;n t; public service

and his diligent c;mmitment t; the rule ;f law.

It is n; small sacrifice t; be a member ;f the

Oreg;n bench, especially during these difficult

days ;f budget sh;rtfalls and staff lay;ffs.

We app;int judges such as Judge

McAlpin wh; have track rec;rds ;f diligence and

dedicati;n, but it is n;t en;ugh. We must

c;ntinue t; make sure that the c;urts have the

res;urces necessary t; d; the w;rk ;f making ;ur

c;untry a leader in dem;nstrating the benefits ;f

a s;ciety g;verned by the rule ;f law.

Our c;ngratulati;ns g; ;ut t; Judge

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McAlpin al;ng with ;ur wishes f;r a l;ng and

distinguished tenure as a judge in the c;urts ;f

Oreg;n.

(Applause.)

HONORABLE KARSTEN RASMUSSEN: Our

next speaker is the H;n;rable Valeri L;ve,

president ;f the Lane C;unty Bar Ass;ciati;n ;n

this ;ccasi;n, as well as, ;f c;urse, ;ne ;f my

c;lleagues ;n the bench and ;ne ;f th;se

referenced by Ms. Reeves here a few m;ments ag;.

Judge L;ve.

(Applause.)

HONORABLE VALERI LOVE: Thank y;u,

Judge Rasmussen. It's my pleasure and privilege

t; c;ngratulate Judge McAlpin ;n behalf ;f the

Lane C;unty Bar Ass;ciati;n. We're all very

thankful t; have the ;pp;rtunity t; share this

special and imp;rtant day with him.

I first met Judge McAlpin in 2003,

when he served as a judicial law clerk f;r the

Lane C;unty Circuit C;urt, and I then had the

pleasure ;f w;rking with him later as a c;lleague

at the Lane C;unty district att;rney's ;ffice.

During that time I had the

;pp;rtunity t; see firsthand his ;utstanding w;rk

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ethic, his very c;llegial nature, his sense ;f

hum;r, his heartfelt c;ncern f;r ;thers, and his

c;mmitment t; justice, all traits that will serve

him well, as well as benefit the public as he

begins this new stage ;f his legal career ;n the

bench.

Thr;ugh;ut his career, Judge McAlpin

has dem;nstrated a c;ntinued c;mmitment t; the

greater Lane C;unty c;mmunity thr;ugh his

v;lunteer w;rk. He v;lunteered as a pr; b;n;

att;rney with the Lane C;unty Legal Aid and

Adv;cacy Center and D;mestic Vi;lence Clinic, as

well as the Oreg;n Crime Victims Law Center.

Judge McAlpin als; served ;n vari;us

c;mmittees, including the Lane C;unty Circuit

C;urt Drug C;urt Advis;ry B;ard and the City ;f

Eugene D;wnt;wn Safety Planning Gr;up.

Judge McAlpin, y;ur new c;lleagues,

the att;rneys ;f Lane C;unty, and the citizens ;f

Lane C;unty are all very f;rtunate t; have y;u as

a member ;f the bench. On behalf ;f the Bar

Ass;ciati;n and y;ur c;lleagues, thank y;u very

much f;r y;ur c;mmitment n;t ;nly t; Lane C;unty,

but the legal pr;fessi;n, and y;ur c;ntinued

dedicati;n t; public service. Thank y;u.

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(Applause.)

HONORABLE KARSTEN RASMUSSEN: N;w

we're g;ing t; have a c;uple ;f speakers talk

ab;ut Jay McAlpin and what they kn;w ;f him. Or

at least what they are willing t; share that they

kn;w ;f him. And we're g;ing t; start with Erin

Zemper, wh; is the assistant district att;rney in

the Lane C;unty District Att;rney's Office, and is

g;ing t; share s;me insight and kn;wledge with us

n;w. Ms. Zemper.

(Applause.)

MS. ERIN ZEMPER: Thank y;u, Judge

Rasmussen. And welc;me, again, t; all wh; are

gathered here t;day.

This is a g;;d day f;r the pe;ple ;f

Lane C;unty. I was thrilled, ;f c;urse, when

Judge McAlpin asked me t; speak t;day. I was

thrilled f;r all the reas;ns that y;u might

expect, including the m;st ;bvi;us reas;n ;f all.

That is, as a pr;secut;r, there is n;thing I enj;y

m;re than the s;und ;f my ;wn v;ice.

(Laughter.)

MS. ERIN ZEMPER: S; thank y;u,

Judge McAlpin, f;r this ;pp;rtunity.

As we have gathered in recent years

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t; celebrate and welc;me s;me ;f ;ur new judges,

as we are t;day, we ;ften have sp;ken ;f the

changes ;ur l;cal bench has seen ;ver the years.

Beginning with Judge Helen Frye, the first w;man

app;inted t; the Circuit C;urt in Oreg;n in 1971,

Lane C;unty has enj;yed a pr;ud hist;ry ;f

diversity ;n the bench.

I w;uld understand it, th;ugh, if

y;u l;;ked at Judge McAlpin and "diversity" wasn't

the first w;rd that p;pped int; y;ur head.

(Laughter.)

MS. ERIN ZEMPER: But this

celebrati;n t;day all;ws us t; have a new

discussi;n because we as a s;ciety are ev;lving.

Our definiti;n ;f diversity is ev;lving. We

rec;gnize that diversity means m;re than just male

;r female ;r black ;r white ;r gay ;r straight.

True diversity must als; include cultural and

ec;n;mic backgr;unds. It must include examining

where we c;me fr;m and h;w we g;t t; where we are.

And that is where we find Judge

McAlpin's c;ntributi;n t; the diversity ;f ;ur

bench. His parents met while serving in the army

at Ft. Sill in Oklah;ma. B;b and Jeannie McAlpin

eventually m;ved t; Alaska where they started a

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family and B;b McAlpin f;und w;rk fighting f;rest

fires.

Judge McAlpin's family lived in a

;ne-r;;m cabin al;ng a dirt r;ad in an

uninc;rp;rated p;rti;n ;f the N;rth Star B;r;ugh

;utside ;f Fairbanks. There was n; electricity.

There was n; ph;ne. There was n; running water.

There was an ;uth;use, a hand pump f;r water, and

a c;t in the c;rner with a sleeping bag where a

y;ung Jay McAlpin slept at night.

They may n;t have had much ;f what

many ;f us c;nsider the typical c;mf;rts ;f h;me,

but ;ne thing they had in abundance, h;wever, were

sled d;gs, 20 t; 30 ;f them at any given time.

And a y;ung Jay McAlpin helped feed, water, and

care f;r these d;gs every day.

I kn;w that the daily w;rk inv;lved

with keeping these animals as a y;ung b;y must

have made s;me lasting impressi;n ;n Judge

McAlpin. I kn;w being tasked with this ch;re must

have transcended s;meh;w int; the very w;rk ethic

he exhibits t; this day, but I really have n;

idea.

What I d; kn;w f;r sure ab;ut the

effect ;f these d;gs ;n his life is that every

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time his tw; y;ung daughters have asked him if

they can have a puppy, he has said, with n;t much

m;re than p;lite hesitati;n, "N;." Alth;ugh,

Charl;tte and Jillian, I'm telling y;u, I really

think y;u need t; ask y;ur daddy again t;day f;r

the puppy because I think he's having a really

g;;d day and y;u might get a "yes."

(Laughter.)

MS. ERIN ZEMPER: Later Judge

McAlpin attended N;rth P;le High Sch;;l. When he

first t;ld me that I did what s;me ;f y;u are

pr;bably d;ing right n;w. I G;;gled it ;n my

ph;ne t; make sure such a place actually exists.

It's true, th;ugh, there is indeed a N;rth P;le

High Sch;;l. And I think if I remember c;rrectly,

their sch;;l masc;t was like the Ice Bl;cks ;r

s;mething. S; g; Fighting Ice Bl;cks! This is a

pr;ud day f;r all ;f y;u.

(Laughter.)

MS. ERIN ZEMPER: In any event, it

was in high sch;;l that Judge McAlpin met a lawyer

f;r the first time. When I asked him if that

meeting had any effect ;n him bec;ming a lawyer

himself, he said, "N;t at all."

He t;ld me that bec;ming a lawyer

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seemed ;utside the realm ;f p;ssibility f;r him.

This is n;t particularly surprising as the vast

maj;rity ;f kids he grew up with did n;t c;me fr;m

families with parents with c;llege degrees. And

he said that telling his friends in high sch;;l

that he wanted t; be a lawyer was similar t; him

telling them he was g;ing t; play in the NFL. It

was a pipe dream. It wasn't s;mething that was

g;ing t; happen.

But he graduated fr;m N;rth P;le

High Sch;;l. He was ;ne ;f the first in his

family t; g; t; c;llege, and ;ne ;f ;nly a small

handful ;f his high sch;;l class t; leave his h;me

state after graduati;n.

It was then that he headed straight

f;r Washingt;n, DC, and Ge;rge Washingt;n

University. He wanted t; g; there because he

wanted s;mething as different as p;ssible fr;m

where he had c;me fr;m. And it wasn't until

c;llege that s;me;ne finally p;inted ;ut t; him

that maybe he sh;uld c;nsider law sch;;l. And

like many ;f us here t;day, he f;und himself

intrigued with where law sch;;l might lead.

Like my grandm;ther ;nce cauti;ned

me, "D;n't w;rry ab;ut taking the r;ad less

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traveled. Take the r;ad with the m;st ;ther r;ads

leading ;ff ;f it. Give y;urself ;pti;ns." And

that, indeed, is what a law sch;;l educati;n

;ffers.

S;, ultimately, he f;und himself

back ;n the west c;ast and attended Willamette

University Sch;;l ;f Law where he met his

brilliant and l;vely wife Megan, wh; is beaming in

the fr;nt r;w right n;w, I'll have y;u kn;w.

And n;w I want t; fast f;rward int;

;ne ;f the next maj;r milest;nes in Judge

McAlpin's life and that's ;f c;urse when he met

me.

(Laughter.)

MR. ERIN ZEMPER: I first met Judge

McAlpin when we w;rked t;gether in the Lane C;unty

District Att;rney's Office. We were b;th drawn t;

the w;rk because ;f the simple marching ;rders

that y;u get every day as a pr;secut;r: C;me t;

w;rk and try and d; the right thing.

When I first arrived in the ;ffice I

had c;me fr;m the Clackamas C;unty District

Att;rney's Office and was new t; much ;f the l;cal

legal c;mmunity. On ;ne ;f my first days in the

c;urth;use he came t; me and ;ffered t; take me

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ar;und t; meet the judges. N;w, I didn't ask him

t; d; this. N; ;ne else did. He certainly wasn't

required t;. We weren't even ;n the same trial

team t;gether.

He did it because he underst;;d the

imp;rtance ;f the relati;nship between att;rneys

and the bench. He kn;ws that the administrati;n

;f justice relies ;n these relati;nships. The

relati;nships that we, as a bar, f;rge with each

;ther are crucial f;r us t; be able t; d; ;ur

j;bs.

And while we w;rk in an era ;f

techn;l;gy that may aff;rd us the use ;f Internet,

faxes, emails, v;icemails, and text messages t;

c;mmunicate with ;ne an;ther, ;ur pr;fessi;n still

depends ;n ;ur ability t; res;lve a case in the

hallway ;f the c;urth;use ;ver a handshake. I

learned early ;n in my friendship with Judge

McAlpin that this is s;mething he believes in and

he w;rks at every day.

S; t; the h;n;rable members ;f the

bench, y;u are gaining a very special c;lleague.

I kn;w y;u will appreciate what he has t; ;ffer t;

y;ur ranks. He brings with him unique skills

h;ned thr;ugh his experiences and a pragmatic

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appr;ach t; the w;rld.

He will thrive as a judge. He has

the rare ability t; be able t; use his

intelligence, sincerity, and sense ;f hum;r t;

help pe;ple at ;dds. N;t just tear d;wn the walls

between them, but then als; build bridges with the

st;nes.

I sp;ke with him ab;ut what it meant

t; him t; c;me fr;m where he did and end up where

he is t;day, what is it ab;ut his life experiences

that w;uld m;st affect him ;n the bench. He said

that he kn;ws h;w pe;ple are feeling when they

walk int; a c;urtr;;m and it seems like an;ther

w;rld. He t;ld me, "This language that we use

every day in the c;urtr;;m, this is a language I

did n;t gr;w up speaking."

S; here we have a judge wh; was a

very experienced trial lawyer, f;rmer pr;secut;r,

civil defense att;rney, and yet he is s;me;ne wh;

can still see the c;urt thr;ugh the eyes ;f a pr;

se litigant appearing in c;urt f;r the first time.

This is indeed a g;;d day f;r the pe;ple ;f Lane

C;unty.

I have many names f;r Jay McAlpin:

Att;rney, friend, teacher, c;lleague. But n;w I

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have a new and my m;st fav;rite way t; address

him: Y;ur H;n;r. And that will be my h;n;r.

C;ngratulati;ns.

(Applause and hugs.)

HONORABLE KARSTEN RASMUSSEN: Thank

y;u, Ms. Zemper. Next, ;ur last speaker bef;re

the waited f;r m;ment ;f the aftern;;n, Judge

R;;ke-Ley, a member ;f ;ur bench, is g;ing t; say

a few w;rds ab;ut welc;ming Judge McAlpin t; ;ur

bench, and I think a few w;rds perhaps ab;ut their

experiences as att;rneys back in the day.

Judge R;;ke-Ley.

(Applause.)

HONORABLE ILISA ROOKE-LEY: A few

weeks ag; -- I guess I'm supp;sed t; call him

"judge" n;w -- Judge McAlpin appeared at my

;ffice. He had ;nly been app;inted t; the bench a

few days earlier. He wanted t; speak with me

privately. He had a fav;r t; ask. Immediately I

th;ught, We haven't even started w;rking t;gether

yet and I've already ;ffended him?

(Laughter.)

HONORABLE ILISA ROOKE-LEY: Next I

th;ught he was perhaps g;ing t; ask s;me advice

ab;ut what kind ;f black dress t; ;rder. But he

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had already c;nsulted with Judge Merten, the c;urt

fashi;nista, s; it wasn't ab;ut that.

Instead he said, with a degree ;f

seri;usness I hadn't seen f;r a while, and I qu;te

as cl;sely as I can remember, "If I knew y;ur s;n

Hayden at all, I'd ask him t; speak at my

investiture. But since I d;n't, will y;u?"

(Laughter.)

HONORABLE ILISA ROOKE-LEY: S; h;w

c;uld I say n;? I th;ught ab;ut asking if Hayden

c;uld m;ve in with Jay f;r a few weeks s; that

then he c;uld speak, but then I decided I wanted

t; keep him t; myself.

But I want y;u t; remember, Judge

McAlpin, my s;n Hayden had 18 years ;f material t;

glean fr;m and I ;nly have a few.

Judge McAlpin and I w;rked a

multitude ;f cases t;gether when I was a public

defender and he was an assistant district

att;rney. What I remember m;st ;f all is Jay's

sense ;f fairness and h;w that sense ;f fairness

was c;mmensurate with his sense ;f justice, and

then his sense ;f hum;r which always created a

great b;nd between the tw; ;f us.

I d;n't think he and I ever clashed

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much when we were ;pp;sing c;unsel. And I guess

that might c;me t; s;me surprise t; s;me DAs

sitting here t;day, but it's true. What I

remember is that Judge McAlpin never made

decisi;ns ;n the fly. He was always

intr;spective. He was always ;pen minded and

always well prepared.

I was thinking t;day ab;ut what he

used t; say a l;t when we w;uld have ;ur

c;nversati;ns. And it wasn't just "n;" ;r "n;

way." It was, "Let me think ab;ut it." And that

means a l;t t; s;me;ne wh; was in my p;siti;n

representing pe;ple wh; n;t everyb;dy wants t;

always hear what they have t; say. S; I

appreciated Judge McAlpin's willingness t; always

hear me ;ut.

Judge McAlpin's sense ;f hum;r is

impressive. Behind that y;uthful appearance is

undeniable wit and c;nfidence. The best jurist,

in my ;pini;n, is a pers;n wh; is n;t invested in

any ;utc;me and maintains the true ability t; n;t

just hear, but t; listen.

S;metimes the barriers t; listening

are ;ne's ;wn issues, ;ne's ;wn insecurities ;r,

like the assistant district att;rney said, the

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need t; hear ;ne's ;wn v;ice. She said it. N;t

me.

(Laughter.)

HONORABLE ILISA ROOKE-LEY: Judge

McAlpin is a c;nfident pers;n and as such he will

listen. And he will ask questi;ns and he will

rule decisively after careful c;nsiderati;n. He

will have n; pr;blems applying the facts t; the

law ;f each and every case and he will d; s; with

c;mpassi;n and fairness, and if y;u're lucky,

thr;w in s;me kindhearted wit.

He's n;t afraid t; ackn;wledge when

he d;esn't kn;w s;mething. And he's smart en;ugh

t; kn;w when he d;es n;t kn;w s;mething. And he

will always seek help.

He is a fabul;us additi;n t; this

bench. Judge McAlpin is a gentleman, a father, a

husband, a friend, a br;ther, an uncle, a s;n,

am;ng many ;ther things I w;n't menti;n. But

right n;w we w;uld all like t; welc;me y;u as ;ur

newest c;lleague. Thank y;u.

(Applause.)

HONORABLE KARSTEN RASMUSSEN: I g;t

w;rd that Jay had been app;inted t; the bench -- I

d;n't remember what time ;f the day, but I

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immediately sent ;ff a text message because I have

quite recently acquired ;ne ;f th;se new devices.

And it said, "Hey, c;ngratulati;ns. Can y;u c;me

by my ;ffice t;m;rr;w ab;ut 2:30? KHR." That

w;uld be my initials.

And I g;t a text message back and it

said, "Sure. That w;uld be great. Wh; is this?"

(Laughter.)

HONORABLE KARSTEN RASMUSSEN: Well,

it turns ;ut that aut;c;rrect did the f;ll;wing t;

my message. "KHR" happens t; be the first three

letters ;f the name Khrushchev. And when that was

clarified t; me, I th;ught, We are ;ff t; a great

start.

(Laughter.)

HONORABLE KARSTEN RASMUSSEN: Yeah.

This is g;;d news f;r the presiding judge, that

Jay McAlpin understands my r;le and his.

(Laughter.)

HONORABLE KARSTEN RASMUSSEN: N;w,

;nce he figured ;ut wh; it was he then texted me

and said that he was m;re ;f a G;rbachev kind ;f

guy, and I t;ld him we'd see h;w that w;rked ;ut

f;r him.

And with that, my friend, are y;u

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ready? I'd like y;u t; c;me f;rward and raise

y;ur right hand and say after me.

I, Jay A. McAlpin.

JAY MCALPIN: I, Jay A. McAlpin.

HONORABLE KARSTEN RASMUSSEN: C;me a

little cl;ser s; we can hear this.

D; s;lemnly swear.

JAY MCALPIN: D; s;lemnly swear.

HONORABLE KARSTEN RASMUSSEN: That I

will supp;rt the C;nstituti;n ;f the United

States.

JAY MCALPIN: That I will supp;rt

the C;nstituti;n ;f the United States.


the C;nstituti;n ;f the State ;f Oreg;n.

JAY MCALPIN: And the C;nstituti;n

;f the State ;f Oreg;n.


that I will faithfully.

JAY MCALPIN: And that I will

faithfully.


impartially.

JAY MCALPIN: And impartially.


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Discharge the duties.

JAY MCALPIN: Discharge the duties.

HONORABLE KARSTEN RASMUSSEN: Of a

judge ;f the Circuit C;urt.

JAY MCALPIN: Of a judge ;f the

Circuit C;urt.


Acc;rding t; the best ;f my ability.

JAY MCALPIN: Acc;rding t; the best

;f my ability.


that I will n;t.

JAY MCALPIN: And that I will n;t.

HONORABLE KARSTEN RASMUSSEN: Accept

any ;ther ;ffer [sic].

JAY MCALPIN: Accept any ;ther

;ffice.


Office. Thank y;u.

(Laughter.)

HONORABLE KARSTEN RASMUSSEN: Except

judicial ;ffices.

JAY MCALPIN: Except judicial

;ffices.

HONORABLE KARSTEN RASMUSSEN: During

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the term f;r which I have been app;inted.

JAY MCALPIN: During the term f;r

which I have been app;inted.


C;ngratulati;ns.

(Applause.)

HONORABLE JAY MCALPIN: Thank y;u.

(Megan, Jillian, and Charl;tte McAlpin

perf;rm the r;bing cerem;ny.)

CHARLOTTE MCALPIN: D; we have t;

buy the hat?

HONORABLE JAY MCALPIN: N;. Judges

d;n't have hats.

MEGAN MCALPIN: Charl;tte is

disapp;inted ab;ut the lack ;f hats.

(Laughter.)

(Applause.)

HONORABLE JAY MCALPIN: The first

thing I want t; say is thank y;u, every;ne, f;r

c;ming. I truly appreciate it.

As we were preparing t; c;me d;wn t;

Harris Hall t;day, we passed the c;mmissi;ners'

c;nference r;;m in the Public Service Building and

it reminded me ;f the first time I actually came

t; the Lane C;unty Circuit C;urt when I came t;

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apply as a clerk here and they did the interviews

with all the judges there in the c;mmissi;ners'

c;nference r;;m.

I really wanted this j;b and I

figured that the best way t; d; it was t; prepare

and get myself ready and s; I went t; the c;urt's

website. I printed ;ff all the judges'

bi;graphies. And I figured I c;uld ign;re their

first names because n; ;ne ever calls a judge by

their first name. I mem;rized their last names

and a few facts ab;ut each ;f them and s; when

they asked me a questi;n, I c;uld kind ;f

pers;nalize my answer and really impress them with

my kn;wledge.

And I was really c;nfident and pr;ud

;f this scheme that I had w;rked ;ut t; make

myself stand ;ut as a candidate until I was

br;ught int; the c;nference r;;m and the first

pers;n wh; st;;d up and greeted me was a hands;me,

smiling man wh; stuck his hand ;ut and said, "Hi.

I'm Kip." And then I spent s; much time kicking

myself f;r n;t mem;rizing the first names that I

missed every;ne else's name and I wasn't sure wh;

I was talking t; the entire time.

As I've been thinking ab;ut what t;

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say t;day, I find myself realizing that this day

is, t; a very unc;mf;rtable degree, ab;ut me. And

that is truly unf;rtunate because a Circuit C;urt

judge d;es the public's w;rk, and it is a public

p;siti;n, and it requires a certain pers;nality

and a certain skill set that if I have, which the

speakers t;day have c;nvinced me that I d;, it's

n;t because ;f anything that's innate in me. It's

because ;f y;u, the pe;ple that are here t;day.

And s; I really want t; talk ab;ut

my family, the judges here in the Lane C;unty

Circuit C;urt, and the att;rneys that I've w;rked

with, against, and ar;und f;r my time here as an

att;rney.

First and f;rem;st, I have t; thank

Ms. Reeves f;r being here fr;m the g;vern;r's

;ffice. I'm truly h;n;red by the g;vern;r's

app;intment and I will w;rk hard t; earn the trust

that he has in me.

When I l;;k back at my life and the

things that st;;d ;ut it is fairly catching that

we lived in a small cabin and that we had sled

d;gs and that we didn't have running water. Using

an ;uth;use at 20 degrees bel;w zer; is always a

g;;d icebreaker when y;u're talking t; pe;ple.

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(Laughter.)

HONORABLE JAY MCALPIN: But the

reality is, is that the best thing that I had was

parents wh; instilled in my sister and I tw;

diametrically ;pp;site views and ideas that were

stuck in ;ur heads fr;m an early age. Number ;ne,

my parents always expected b;th ;f us t; have the

highest standards and behavi;r and perf;rmance,

but at the same time they were able t; instill in

us the firm c;nvicti;n and belief that we were

unc;nditi;nally l;ved. (Pause.)

I'm trying n;t t; l;;k at my f;lks.

(Laughter.)

HONORABLE JAY MCALPIN: This is -- I

kn;w as a parent n;w that is extra;rdinarily hard

t; d;. And I w;rk t; d; that with my daughters.

One thing that I had that was really

p;werful in my life which I was able t; see was my

sister Crystal graduate and get her master's

degree recently. She's here with her three l;vely

kids. She was able t; get her master's degree

while m;ving fr;m Fairbanks, Alaska, t; Jakarta,

Ind;nesia, and then n;w Tianjin, China, at the

same time having three kids under five. And she's

there with Jac;b ;ut there.

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(Crystal waves.)

HONORABLE JAY MCALPIN: I als; have

the g;;d f;rtune ;f being married t; Megan and

having Charl;tte and Jillian in my life. When y;u

gr;w up with;ut a t;n ;f things, it's imp;rtant t;

kn;w h;w special family really is.

This c;urt and this c;urt staff have

had an incalculable influence ;n my life. In law

sch;;l y;u get a l;t ;f input ab;ut what y;u

sh;uld d; as a lawyer and a l;t ;f the input is:

G; t; a bigger city, g; t; a bigger firm, g; t; a

higher c;urt t; clerk. But f;r me there was

n;thing that I needed m;re than t; learn h;w t;

keep a jury happy, t; learn the anat;my ;f a c;urt

file, and learn what happens t; a file when it

leaves the att;rney's hand and g;es int; the

system.

I learned fr;m the judges here h;w

t; act with ;ther att;rneys, h;w t; act with the

c;urt, and, m;st imp;rtantly, h;w t; act with

c;urt staff.

My j;b f;r that year was t; watch

trials and then talk t; Judge Merten ab;ut them,

and there is n; better place t; learn h;w t; try a

case than in his ;ffice.

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At the same time I had the g;;d

f;rtune ;f w;rking with Jan Duiven and Cynthia

Revell and learning h;w things g; thr;ugh the

pr;cess and having c;urt staff wh; have been

ar;und f;r a l;ng time. And their help and their

educati;n ;f me as a y;ung lawyer was invaluable.

It w;uld be inappr;priate f;r me t;

talk t;day and n;t menti;n Judge Mary Ann Bearden,

wh;'s seat I have inherited. Thr;ugh ;ur

acquaintance she has been a ment;r and has been an

invaluable pers;n wh; can talk t; y;u ab;ut h;w t;

talk t; the c;urt, h;w t; treat c;urt staff, h;w

t; treat clients.

I think the m;st imp;rtant thing

that she teaches us as we went thr;ugh this

clerkship pr;cess and as we are y;ung lawyers is

h;w different the bench and bar are n;w than when

she started. She w;uld never menti;n it, but

that's because ;f the w;rk she did and ;ur

c;mmunity is better f;r her service.

I t;ld her when I heard she was

retiring that I was sad f;r me that she was

retiring but I was happy f;r her. And I'm sad

that she's n;t here f;r me t;day. But since I

kn;w she's fishing, I'm happy f;r her.

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(Laughter.)

HONORABLE JAY MCALPIN: The last

gr;up ;f pe;ple wh; shaped me are the att;rneys

that I've w;rked with, w;rked against, and w;rked

ar;und. As a practicing att;rney -- and I'm

addressing th;se att;rneys here in Lane C;unty

right n;w -- I have very recently, if my

c;lleagues will cl;se their ears up, been in the

p;siti;n ;f m;re than ;nce being in fr;nt ;f a

judge wh; was talking and talking and talking, and

thinking t; myself, Y;ur H;n;r -- ;f c;urse just

t; myself, I've never said it ;ut l;ud -- Y;ur

H;n;r, if y;u w;uld just sit back, listen t; me,

we'll get thr;ugh this t;gether.

(Laughter.)

HONORABLE JAY MCALPIN: And s; the

att;rneys ;f Lane C;unty, the att;rneys in the

DA's ;ffice that I had the pleasure ;f w;rking in

f;r the last -- ;r f;r five years, I learned fr;m

y;u h;w hard y;u w;rk. And the quality ;f w;rk

that y;u d; has n;thing t; d; with h;w well y;u're

paid ;r h;w well y;u are appreciated f;r the w;rk

y;u d;. And I thank y;u f;r that less;n.

T; Lane C;unty's criminal defense

bar, I want t; say a special thank y;u. The m;st

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imp;rtant less;n I learned as a lawyer was that

y;u c;uld be a zeal;us adv;cate f;r y;ur clients

and y;ur p;siti;n with;ut being malici;us ;r

unpr;fessi;nal, and I learned that because ;f h;w

the criminal defense bar treated me when I first

started ;ut. And I appreciate that less;n. And

that was the ;ne thing ;f all the things that I've

tried t; steal fr;m pe;ple is t; emulate the way

y;u guys treated me.

I had the g;;d f;rtune ;f being able

t; m;ve t; the civil bar and had a really steep

learning curve switching fr;m criminal t; civil.

I had a very patient and g;;d teacher in Debra

Velure, wh; is here, Tracie B;ring, and Marla

Smith wh; helped me make that transiti;n, and I

appreciate that.

I c;uldn't have had a better

supervis;r than Mark Zipse and Julie Elkins, wh;

really -- y;u kn;w, having a civil supervis;r wh;

has tried ;ver 100 jury trials is really helpful

when y;u m;ve fr;m the criminal pr;secuti;n int;

civil defense because y;u can have s;me;ne wh; can

talk t; y;u and speak the language in a way that

y;u understand but m;ve y;u thr;ugh that pr;cess.

And I really appreciate that.

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T; all the att;rneys ;ut there, what

I will need m;st fr;m y;u is y;ur patience and

y;ur kn;wledge. I have watched y;u f;r years even

if I haven't had cases with y;u. I've watched

what y;u d; and h;w y;u d; it and that has had a

huge impact ;n me. If y;u are patient with me, if

y;u bring me y;ur kn;wledge, I pr;mise I will sit

back, I will listen, and we'll get thr;ugh this

t;gether.

Thank y;u.

(Standing ;vati;n.)

HONORABLE KARSTEN RASMUSSEN: I

appreciate y;u menti;ning Judge Bearden, which I

had intended t; d;, and I can tell y;u f;r a fact

that she is fishing in M;ntana. And that she

sends y;u her best and her greetings.

And I appreciate the clarificati;n,

t;;, ab;ut what y;u were thinking the last time

y;u appeared in c;urt in fr;nt ;f me.

(Laughter.)

HONORABLE KARSTEN RASMUSSEN: I want

t; thank y;u all very much f;r c;ming and I think

the last tw; n;tes I w;uld like t; make f;r the

rec;rd are this. We started at f;ur. It is n;w

4:47. F;r th;se ;f y;u practicing in Lane C;unty,

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y;u might take n;te ;f that. I suspect that is

h;w Judge McAlpin is g;ing t; be running his

c;urtr;;m.

Lastly, y;u are all invited t; a

recepti;n at the Oreg;n Electric Stati;n which

will start as s;;n as y;u get there. We are

adj;urned.

(Applause.)

(The pr;ceedings c;ncluded at 4:47 p.m.)

Documents

Investiture of Judge Jay McAlpin (2)