Oregon Supreme Court

State/Klamath County v. Hershey

August 11, 2022370 Or. 200

Summary

The Oregon Supreme Court affirmed the lower courts, holding that a proceeding under ORS 167.347 does not trigger the Article I, section 17 right to a jury trial because the relief sought is equitable and was not historically tried before a jury. The Court reasoned that such proceedings are unlike the in‑rem civil forfeitures that historically warranted a jury.