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LaPine resident petitioning for Rep. Mike McLane recall

December 31, 2013 by

A resident of LaPine is currently petitioning for the recall of Mike McLane, state representative for the District 55, citing a violation of the Separation of Powers doctrine of the state constitution.

In the recall cover sheet filed by Kenneth W. Medenbach, McLane is cited as an Oregon State Bar attorney serving in the state legislature, which Medenbach claims is a violation of Oregon Constitution Article 3, Section 1, with regard to separation of powers.

“Under Oregon Revised Statutes, an attorney is an officer of the court, courts perform judicial functions, a person can not be an attorney and practice law unless they are an active member of the Oregon State Bar,” the petition cover sheet reads. “Mike McLane, an Oregon State Bar attorney, is also serving as a State Representative, exercising the functions of the Legislative Department.  This is a violation of Oregon Constitution Article 3, Section 1, Separation of Powers.”

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One Response to LaPine resident petitioning for Rep. Mike McLane recall

  1. Kenneth Medenbach, petitioner

    The Oregon recall cover sheet only allows a petitioner 200 words or less for a statement. This is the full gist of this argument. Mike McLane is an Oregon State Bar attorney. Under Oregon Revised Statute 9.010 (1) An attorney, is an officer of the court. Under Oregon Revised Statute 18.025 courts perform judicial functions. Under Oregon Revised Statute 9.160 a person may not practice law in Oregon unless the person is an active member of the Oregon State Bar. Under Oregon Revised Statute 9.010 (2) The Oregon State Bar is an instrumentality of the Judicial Department. Thus Mike
    McLane, (and 14 other attorneys in the Oregon Legislature) are charged with official duties under the Judicial Department. Mike McLane (and 14 other attorneys) are serving as legislators, exercising the functions of the Legislative Department. This is a violation of the Separation of Powers doctrine of Oregon Constitution Article 3, Section 1.”The powers of the Government shall be divided into three separate departments, the Legislative, the Executive, including the administrative and the Judicial, and no person charged with official duties under one of these departments, shall exercise the functions of another, except as in this Constitution expressly provided.” The Separation of Powers doctrine was put into our Constitution to prevent any concentration of power in any single person or group. As of 1890 the Oregon State Bar judges, prosecuting attorneys and defense attorneys have been cleverly manipulating their way into the law making practice by having their members voted into the Oregon Legislature, passing confusing laws to the benefit of the Oregon State Bar and its member judges, prosecuting attorneys and defense attorneys. Laws written that only Oregon State Bar judges, prosecuting attorneys and defense attorneys understand. Leaving the citizenry with no option but to hire these defense attorneys, of this corrupt system of law, at $200+ an hour to stay out of jail. This is one of the reasons why we have Separation of Powers in our Oregon Constitution. Thanks, Kenneth Medenbach

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