Brian v. OREGON GOVERNMENT ETHICS COM'N

The issue in this case is whether the trial court properly enjoined the Oregon Government Ethics Commission 1 (Commission) from investigating petitioner, a state representative, for an alleged violation of the “Code of Ethics,” set forth in ORS 244.040. The Court of Appeals held that the trial court improperly enjoined the investigation, because the trial court applied the wrong standard in determining whether the Commission had authority to conduct the investigation and improperly assessed the weight of the evidence before the Commission at the pre-investigation stage. Brian v. Oregon…