How much do we know about our circuit court judges? How do they get on the bench in the first place? And how do we know they’re doing a good job once they do?

Questions such as these have been raised by Benton County District Attorney Scott Heiser’s resignation, citing ongoing criticism of Circuit Court Judge Janet Holcomb. As of last month, all cases involving the district attorney’s office have included a motion disqualifying Holcomb. As a result, the court’s two other judges have taken on those cases.

Files obtained by the Gazette-Times give a look into Holcomb’s 1997 appointment by former governor John Kitzhaber. Holcomb and four others sought the judgeship vacated by the retirement of Frank Knight.

“This position has been my life-long career goal,” Holcomb wrote in a letter accompanying her official interest form when applying for the job.

“I possess excellent verbal and written communication skills, and knowledge of legal principles and evidentiary and procedural rules,” she wrote.

Holcomb, herself a deputy district attorney at the time, faced stiff competition for the job. Chief deputy district attorney Ken Osher and deputy district attorney Pam Hediger both expressed interest, as did local attorney Kasia Quillinan and Corvallis Municipal Court Judge Mark Donahue.

Henry Lazenby, Kitzhaber’s legal counsel, interviewed all five on June 5, 1997. Donahue, Holcomb and Osher were interviewed at least twice more, in July, before Kitzhaber made the appointment.

Donahue seemed to be the front-runner at first. The Oregon Bar Association members in Benton County voted heavily in his favor. The vote was Donahue (44), Holcomb (16), Osher (7), Quillinan (2), Hediger (1).

Donahue’s supporters sent 10 letters of recommendation to the governor. And Quillinan’s supporters sent 12. Pete Sandrock, then district attorney, wrote the only letter of support for Osher in the file. There were no letters of support for Hediger.

Holcomb’s supporters were more prolific. They sent 28 letters to the governor. Former Benton County commissioner Bob Speaker, Multnomah County Judge Roosevelt Robinson and then state Rep. Barbara Ross were among those who wrote to support her.

While all the letters in the file described the candidates in generally glowing terms, the letters from Holcomb’s supporters were alone in mentioning her being a woman as an important and positive attribute. Almost half the letters from Holcomb’s supporters urged her appointment as a woman.

One letter in the file, signed by 13 people including Holcomb, Hediger and Quillinan, told the governor it was time for a woman to sit on the bench in Benton County.

“A woman will bring a unique and critical perspective to cases involving domestic relations, juvenile matters, and crimes and torts against women — the types of cases that comprise a significant portion of the Benton County Circuit Court’s docket,” the letter reads.

However, none of the other letters in support of Quillinan mentioned her being a woman as either a positive or negative attribute.

Ironically, in view of the recent conflict between Heiser and Holcomb, there is also a phone message in the file saying simply: “Mark Donahue for Benton County judgeship — doesn’t like DA’s office (emphasis theirs.)”

There is no note in the file from Kitzhaber or Lazenby that gives an indication of how the choice was made. There is, however, a letter from Lazenby to an attorney, David Eves, in response to Eves’ disapproval of Kitzhaber’s choice.

“I believe that both Janet Holcomb and Mark Donahue would make excellent jurists,” Lazenby wrote. “Both candidates received substantial support from people in the community.”

Lazenby went on to say that although the vote by the local bar association was a factor in the decision, it was not the controlling factor.

“Many of your elected representatives spoke favorably of Janet Holcomb,” Lazenby wrote. “In the end the decision is the governor’s.”

Since Heiser announced his resignation, Judge Holcomb has declined requests to be interviewed.

The district attorney said he intends to file a complaint with the state’s Commission on Judicial Fitness and Disability. Meanwhile, he has criticized her rulings over evidence, perceived bias against the district attorney’s office and her unwillingness to make pretrial rulings, preventing appeals by prosecutors.

Judges appointed

All three of the current Benton County circuit court judges were appointed by a governor upon the retirement of their predecessors. Presiding Judge Locke Williams was appointed by Kitzhaber in 2002 when Robert Gardner retired. David Connell was a Gov. Ted Kulongoski appointee following the retirement of Henry Dickerson in 2004.

Voters subsequently elected all three at the polls. But only one, David Connell, has had an opponent in an election. Connell won election in November 2004, with 20,902 votes to Hal Harding’s 11,803.

Heiser has been criticized for resigning as a result of his opposition to Holcomb rather than getting someone to campaign against her. Heiser said he tried to recruit other qualified attorneys to run against Holcomb.

“I was not successful,” he wrote in an e-mail to the Gazette-Times. “The primary responses I got from those with whom I discussed this issue were, in order of frequency of occurrence: (a) ‘It’s all but impossible to unseat an incumbent judge, heck they have the word “incumbent” by their name on the ballot, so no thanks’; (b) ‘Why would you think I would want to take that kind of a pay cut?’ and (c) ‘I have so much flexibility in my current practice and I don’t want to give that up to be a trial court judge.’”

Williams has also mentioned the comparatively low pay for Oregon’s circuit court judges as a problem. Oregon circuit court judges make $95,800 a year.

According to a National Center for State Courts survey in 2004, Oregon ranks 45th in the country in pay for trial court judges, making less than judges in states such as Wyoming, Colorado, Alabama and Tennessee. Oregon judges make almost $30,000 less than their colleagues in Washington state, and are nearly $15,000 below the median annual pay for judges nationwide.