Erickson v. Municipal Court Judge

Defendant, a municipal court judge, appeals from a circuit court order issued in a habeas corpus proceeding commenced by plaintiff. The circuit court determined that defendant exceeded his statutory authority by requiring plaintiff to plead guilty to a charge of Driving Under the Influence of Intoxicants (DUII), ORS 487.540, in order to qualify for a diversion agreement under ORS 484.445-484.4801 and in entering a conviction and sentence on the basis of plaintiffs guilty plea after she had failed to complete the agreement. The issue is whether, before the approval of a diversion petition…