Chapter §2.22 QUO WARRANTO

• Jurisdiction: Oregon

4. (§2.22) Quo Warranto

Oregon's constitution provides that the high court's original jurisdiction includes quo warranto. Or Const art VII (amended), §2. Yet even before the constitution was adopted, the legislature had abolished the writ of quo warranto. ORS 34.810; General Laws of Oregon ch 4, §351, at 236 (Deady 1845-1864). The legislature has provided instead a substitute proceeding in ORS 30.510-30.640. An action in quo warranto is the means for challenging and ousting a public or private officeholder who enjoys the office without right. See State ex rel. Madden v. Crawford, 207 Or 76, 295 P2d 174 (1956); State by Hagglund v. School Dist., 148 Or 273, 36 P2d 179 (1934). The statutory action is the equivalent of the abolished writ. State ex rel. Boe v. Straub, 282 Or 387, 391, 578 P2d 1247 (1978).

Since the circuit courts are courts of general jurisdiction, quo warranto proceedings typically occur in circuit courts. See generally 2 Oregon Civil Pleading and Practice §§37.26-37.33 (Oregon CLE 2006). It is the rare case in which the Oregon Supreme Court exercises its original jurisdiction. See, e.g., State ex rel. Musa v. Minear, 240 Or 315, 401 P2d 36 (1965) (challenging holder...