Application of Carden

This is an original habeas corpus proceeding filed in this court by the plaintiff, an inmate of the Washington County jail, seeking his release from the custody of defendant, the Sheriff of Washington County.

Plaintiff contends that Oregon law requires a judge or magistrate to make a release decision pending determination of a challenge to the validity of an extradition warrant, and that he has been wrongfully remanded to defendant’s custody because the circuit court for Washington County declined to make such a decision under ORS 135.230 to 135.290. The issue therefore is: Is a judge or…