State Ex Rel. Johnson v. Roth

This is an original proceeding in mandamus brought by the Attorney General to require the defendant, a circuit judge in Multnomah County, to vacate an order requiring recordation of all grand jury testimony in a criminal case then pending, as well as the recordation of all testimony in all future criminal cases brought before the grand jury. We issued an alternative writ. The defendant judge filed a demurrer and answer contending, inter alia, that his order requiring the recordation of grand jury testimony was a discretionary matter and that it was within the inherent power of the court to…