Former Oregon Chief Justice Received an Unusual Perk: a State Trooper as His Personal Driver

Over the past week, The Oregonian has reported on the case of James Duncan, a former Oregon State trooper who lost his job after striking his 11-year-old son last year, an act that Duncan's daughter captured on video with her phone.

The O reported that Duncan's most influential advocate was Paul De Muniz, a former chief justice of the Oregon Supreme Court. The men came to know each other when Duncan served as De Muniz's driver from 2010 to 2013.

The story is a remarkable tale, and it continued this week in a Tillamook County court hearing in which a judge refused to allow Duncan to have a gun—which means he cannot work as a police officer.

But a sidebar issue—the fact that former Chief Justice De Muniz had a state trooper as his driver—raised the eyebrows of people familiar with how state government operates.

"It was news to me," says state Rep. Jeff Barker (D-Aloha), chairman of the House Judiciary Committee. "I am surprised about it. It seems a little odd."

Historically, of all the state's elected or appointed officials, only the governor employs a driver, who is part of the Oregon State Police dignitary protection unit.

None of the other state-wide elected officials—Attorney General Ellen Rosenblum, State Treasurer Ted Wheeler, Secretary of State Jeanne Atkins and Labor Commissioner Brad Avakian—has a driver. Nor do Senate President Peter Courtney (D-Salem) or House Speaker Tina Kotek (D-Portland).

De Muniz served as chief justice from 2006 through January 2013. In that capacity, he oversaw the Oregon Supreme Court and also the entire Oregon Judicial Department, which runs Oregon's court system.

Related: Former Chief Justice testifies on bill without disclosing he's acting as a lobbyist.

Phil Lemman, a spokesman for the Judicial Department, says because of the recession, De Muniz needed to make extensive budget cuts to the court system, which required frequent travel to help courts in each of Oregon's 36 counties implement the cuts.

"Our concern was wanting to have a police officer accompany the chief justice on long trips and at public appearances," Lemman says.

Although Lemman says he does not recalls specific threats to De Muniz's safety,  the contract required a state trooper, rather than a civilian, to be on call from April 2010 through June 2013.

OJD paid the state police for a half-time position at a total cost of $255,000.

De Muniz's use of a driver came a time when the judicial department was slashing its budget and when the Oregon State Police were significantly understaffed, a situation that regularly left the agency unable to respond to calls.

"Last year, according to agency statistics, state police dispatchers told callers about 40 times a day it had no troopers to respond—to accidents, to dangerous driving, to crimes," The Oregonian wrote on July 4, 2011.

Current Chief Justice Thomas Balmer does not have a driver, Lemman says..

Wallace Carson, De Muniz's predecessor who served as Chief Justice for nearly 14 years, also cut budgets, including in 2003, when courts were closed on Fridays. Carson says he also never had a driver. He declined to comment on De Muniz's employing one.

"I don't know enough about the circumstances," Carson says.

De Muniz defends his use of a driver. "It was enormously beneficial to the judicial branch," he says.

"I was working my butt off 16 hours a day," he adds. "I was traveling continuously and keeping up my share of court opinions."

As for the decision to use a trooper, rather than a cheaper alternative, De Muniz says that call was made by the court administrator's office, although he acknowledges that office reported to him.

De Muniz says he thinks there may have been a threat against him during the time Duncan drove him but he could not provide details.

De Muniz says his use of a driver was the beginning of an evolution in staffing that led the court administrator's office to hire three full-time judicial marshals who provide security and are able to drive if necessary.

"This [having a driver] was the beginning of a process and it was entirely appropriate," he says.