City of Lake Oswego v. Ritchie

I disagree with the majority’s conclusion that ORS 153.595(1) does not allow the city to appeal a Lake Oswego Municipal Court acquittal of a charge of “speed racing,” former ORS 487.515 (now ORS 811.125), to circuit court for trial de novo.

ORS 153.595 provides:

“An appeal from a judgment involving a traffic infraction may be taken by either party:

“(1) From a proceeding in justice’s court or city court, as provided in ORS chapter 53 * * *.”

The majority concludes that ORS 153.595(1) does not allow a prosecutorial appeal of a municipal court acquittal because such a reading of the statute would…