In defense of Judge Walker: Guest columnist

Multnomah County Circuit Judge Kenneth Walker addresses a defendant in this January 2018 photo.(Aimee Green/Staff)

By Bob Thuemmel

In her March 28 opinion piece, victims' advocate Danielle Tudor says that Judge Kenneth Walker of Multnomah County should resign, because he did not allow a victim to read her entire impact statement at the defendant's sentencing hearing. Well, Ms. Tudor, you're wrong about that.

I practiced in the courts of Multnomah County and Oregon for 40 years, becoming colleagues and friends with many of the circuit court judges. Some were very good at their job, and some weren't.

Ken Walker is very good. His life experiences have given him some very special abilities and skills for the job. As someone who grew up in the tough neighborhoods of Los Angeles in the 1960s and 1970s, Judge Walker knows what it's like to be surrounded by choices, good and bad, every day. He bought himself a bus ticket to Portland and never looked back.

His career as a public defender and criminal lawyer, along with his experience from childhood, made him very well suited for the job he holds today.

Ms. Tudor and others who are quick to condemn a hard-working judge are overlooking one thing. The court is a place to say and do certain things, not everything or anything someone may want to say or do. By law, victims of criminal conduct have these rights in court when they go in a courtroom and talk about what happened to them:

According to ORS 137.013 - Appearance by victim at time of sentencing: "At the time of sentencing, the victim or the victim's next of kin has the right to appear personally or by counsel and has the right to reasonably express any views concerning the crime, the person responsible, the impact of the crime on the victim, and the need for restitution and compensatory fine."

But that's it. They get to "reasonably express" those things. There isn't a law on the books that says they get to say what they want and for as long as they want.

Oregon's victims' rights laws came along in the 1980s. Since that time any judge or criminal lawyer - prosecutor or defense - will tell you that many is the time when a victim's long statement is unfurled for presentation in a busy courtroom only to get trimmed a bit by some gentle judicial nudging. Nothing makes Ken Walker a villain for doing this same thing. It happens every day.

It's a poor yardstick used to measure this Oregon judge's performance by what a judge did in another state, as Tudor sought to do in comparing Judge Walker unfavorably with Judge Rosemarie Aquilina of Michigan. Every case, life, and situation is unique. The fact is that Ken Walker did what he thought was necessary on that day to balance judicial efficiency with the rights of the parties - and the victim - in court. No judge should be called upon to resign if that's the supposed crime.  Because it's not a crime at all. It's doing - and doing well - the job they were elected and sworn to do.

Bob Thuemmel, a retired attorney who lives in Washington County, is past president of the Oregon Criminal Defense Lawyers Association and a past commissioner on the Oregon Judicial Fitness Commission.

If you purchase a product or register for an account through a link on our site, we may receive compensation. By using this site, you consent to our User Agreement and agree that your clicks, interactions, and personal information may be collected, recorded, and/or stored by us and social media and other third-party partners in accordance with our Privacy Policy.