COOS COUNTY'S JUDGES FROM 1859 TO PRESENT

Judges have been with us forever. Moses in the bible was  probaby the first judge, but let's not go back that far! All of  the judges of Coos County that can be determine should be  sufficient! Coos County was created from western parts of  Umpqua and Jackson Counties on December 22, 1853 by  the territorial legislative assembly. In 1855, Curry County  was formed from the southern part of Coos County. Empire  City was named as the county seat of Coos County. Oregon  became a state in 1859 with the first Coos County election  being held

The Oregon State Library in Salem (research  done by Joe Stephens, director of the State of Oregon Law  Library) tells me that " In the Territorial period (1848-59)  there was a Supreme Court of three justices, who also sat as  district judges in the three judicial district. For judicial purposes,  Coos County was attached to Umpqua County and  the district court for the third judicial district was held  in Umpqua County on the fourth Mondays in May and  November.  After statehood there were four Supreme Court justices,  each elected from one of the four judicial districts and serving  individually as judge of the Circuit court for that district.

Coos county was part of the second district. In 1862,  the Legislature added a fifth justice to the Supreme Court,  and a fifth judicial district, serving several eastern Oregon  counties. The constitution also provided for county judges  to be elected for each county. So if a Coos County judge  was also a member of the Supreme court, he was in Coos  County, a circuit judge. If not, he was a county judge." I've  never been able to determine the difference in their duties.  "The Constitution provided splitting Supreme Court justices  from the Circuit Courts when the population of the state  reached 200,000 and that apparently occurred by 1878,  when the Legislature reduced the number of justices to  three and ended their election from judicial districts.

Circuit  Court judges were now elected from each of the still-five  judicial districts beginning in 1880. If you have only a  judges name, it might be difficult to tell whether he was a  circuit judge or a county judge. If there are elections  records at the county seat, you might be able to tell whether  it was a county election or if it involved the whole district."  Which in simpler language means that at first, the Circuit  Court judges were appointed and after 1880 Circuit Court  judges were elected but from the entire district, while a  county judge would be elected in their jurisdiction.  Searching county election records to see whether a  judge's position was circuit court or county would take for  ever and change nothing.

This would add to your knowledge  but not much else unless you have to appear before a  judge when you might possibly be wondering where judges  came from. Being a judge is not easy. With it comes much  responsibility and good judgment. Now you know where  that word comes from --"judgment'.  Three county commissioners, a sheriff and a probate  court judge were appointed to serve Coos County until an  election could be held. Coos Counties first probate judge,  Charles Pierce, was appointed April 12, 1854 to December  18, 1854 by the Oregon Territorial Legislature. The second  one, R.S. Belknap was appointed to Sept 4, 1855.

Those  two would have been Circuit Court Judges. Samuel S.Mann  was the first elected Coos County judge beginning July 4,  1859 when Oregon became a state.  In 1859 Obediah B. McFadden was associate supreme  court judge. There were three supreme court judges, each  presiding over one of the states 3 districts. The judges were:  James T. Brand, Marshfield; G.F. Skipworth, Eugene; Carl  Wimberly, Roseburg. James T. Brand would be Coos  County's representative and a Circuit court judge. There is  much information regarding where the sessions were held in  Salem and the cost of the buildings. After many moves, a  fire, rebuilding and several additions, the building was completed  in 1914 for the first session of court in the building at  Salem. It was the 55th anniversary of Oregon's statehood.  Total cost for the new building was $320,000, all of this in  the name of justice and to establish judges! I remember one  time being called to serve on a city jury, but no attempt is  going to be made to research those courts. This will be a  series with a possbility of a break here and there for other  information.

(Ed note: This year is Oregon's 150th anniversary). Since  Judge Samuel Mann was the first elected for Coos County,  we will start with him and finish with Coquille's present  Circuit Court judges, Richard Barron, Michael Gillespie  and Martin Stone. (continued next week)