Nelson v. Myers

RIGGS, J.,

concurring.

I concur with the majority, but write separately because I harbor significant concerns about the separation of powers issues discussed in Rooney v. Kulongoski (Elections Division #13), 322 Or 15, 55, 902 P2d 1143 (1995) (Unis, J., dissenting), and Sizemore v. Kulongoski, 322 Or 229, 238, 905 P2d 1146 (1995) (Durham, J., concurring). Although I agree with the concurring opinion of my colleague, Justice Van Hoomissen, as to the need to revisit those issues, I believe that such a review should take place sooner rather than later. Nevertheless, partly because of the extreme time pressures that resolution of this particular ballot title case presents, I am content, for the moment, to wait for a more appropriate case to explore the parameters of those issues, with the assistance of interested parties and the Attorney General.