Johnson, Queen seek Marion County circuit judge seat

A longtime prosecutor is looking to unseat a Marion County Circuit Court judge in the Nov. 8 election.

Gov. Kate Brown appointed Judge Erious Johnson on Feb. 2 to fill a vacancy in the Marion County Circuit Court created after Judge Susan Tripp retired in October 2021. 

In his bid to retain the seat, he faces Amy Queen, who has worked nearly 20 years as a Marion County deputy district attorney.

A circuit judge in Oregon is a nonpartisan position with a six-year term, and all voters in the county get a say in the race. The annual salary for the seat will be $197,800 at the start of 2023.

Erious Johnson

Johnson, 55 was working as a Salem-based discrimination and civil rights attorney in private practice when he was sworn to the bench on Feb. 14.

He was previously a litigation associate at a New York law firm, and a litigator and trial attorney in the New York City Law Department’s torts division. He clerked for the New York State Supreme Court for around three years and then moved to Salem, his wife’s hometown, where he opened a solo practice. 

Johnson worked for three years as the justice department’s civil rights director before returning to his private practice in 2017, mainly representing defendants in criminal cases and plaintiffs in civil cases. Johnson was also chief legislative director for Rep. Janelle Bynum, D-Happy Valley, for the 2018 legislative session.

“Every job I took, every client I took, every cause I put my name on was designed to eventually be a judge,” he said.

Johnson described himself as “a child of civil rights.” When the Supreme Court ruled in 1954 that segregating schools was unconstitutional, all the public schools in his mother’s home of Prince Edward County, Virginia, closed down. Johnson’s grandfather told his children they would not miss a day of school — the schools closed on a Friday, and he had his kids enrolled in school that Monday in New York, where Johnson was eventually born.

It was learning about that story as a child that inspired Johnson to become a judge. “My grandfather made this decision that would likely lead to me having the opportunity years later,” he said.

Growing up, he watched The People’s Court after school and appreciated that people had a way to resolve disputes, even one over a $200 phone bill. “I have been poor, I have been broke, and I know how much $100 means, $200, when you don’t have it,” he said.

Johnson also mentors law students, volunteers for the classroom law project, is a volunteer fee arbitrator through the Oregon State Bar and “a frequent speaker and writer on topics related to civil rights,” the governor’s office wrote in a statement following his appointment. He is a member of the Willamette Valley American Inn of Court, Marion County Bar Association, Oregon Criminal Defense Lawyers Association, Marion County Association of Defenders and OSB board of delegates. He is a board member for the Oregon Trial Lawyers Association and co-chair of its civil rights section.

Stepping in to fill the court’s vacancy in February, he said he had to take on a variety of criminal and civil cases that had been backlogged due to Covid.

Johnson said his biggest unexpected challenge has been the emotional toll, particularly from listening to testimony from victims and families involved in serious crimes. The flip side, he said, is meeting people out in the community who express gratitude for a decision he made in court. “I understand that the decisions I make impact the people I live with,” he said.

As a judge, he said fairness is his top priority. That means giving every person involved in the case an opportunity to tell him what they want him to know.

He said it is important to him that his written opinions explaining his rulings are sound, to be transparent with those involved in the case and give the public the opportunity to review whether he is a competent judge.

“I invite people to come in anytime to listen to me conduct my cases,” he said. “When I talk about fairness, I can say I’m fair, but I want to invite people in courtroom 4B, you can call my chambers, ask if I have anything interesting on and come see if I’m fair. Come see how I treat litigants.”

Johnson said his objective in sentencing people for crimes shifts based on the person and circumstances of the case. “This individual,” he said, “may need to be put away for the safety of the public. This individual may need a sentence because it’ll help rehabilitate them. This one may need to do it because it’ll deter future occurrences like this.”

He said he also takes into account what victims express about whether the person should be sentenced to prison, or rehab. “I don’t use that as the last deciding factor, but it is something I factor into my decision because there’s a victim here, and I need to make sure they are part of the process and feel that they are getting justice,” he said.

Amy Queen

Queen, 47, has been a deputy district attorney in Marion County since 2004, representing the state in criminal cases. She’s worked under three district attorneys. 

She is the trial team leader of the district attorney’s office’s domestic violence team, as well as the agency’s public information officer.

Queen’s ambitions to serve as a judge also stemmed from her childhood. She recalled watching family court on TV as a 10-year-old and seeing the judge make decisions about what was best for vulnerable children and families in conflict, while holding lawyers to a standard. The judge was Judith Sheindlin, years before she became a household name on the show Judge Judy.

“I want to do that,” she recalled telling her mom, who informed her she’d have to become a lawyer first.

Queen, who is Filipina, wants to see more diversity on the bench. When she joined the district attorney’s office, just six of the county’s 14 judges were women. Eighteen years later, that number has dropped to four.

​​”You would think there would just be a little bit more balance, with so many very strong female lawyers in this community,” she said.

As a prosecutor, Queen said she has an obligation to balance the rights of the victim and the accused in any case. That balance, she said, should also be any judge’s prime objective in sentencing people for crimes.

“Just because someone can be sentenced to prison doesn’t mean they should be based on the facts of the case,” she said.

When defense attorneys tell her their client has issues with mental health, drugs or alcohol that would be better served with probation and treatment, she has worked with them and judges to find a workable solution.

“Sometimes I don’t think that is right based on the information I have,” she said. “The goal is to ensure that I have all information available to make difficult decision.”

In Marion County, Queen said the highest percentage of cases circuit judges handle are criminal.

As a prosecutor, she said her first step on a case is to ensure the rights of everyone involved is protected by flagging any legal deficiencies in the case and assessing whether it can even be proven.

“The work that (judges) do touches public safety every single day. The experience I have as a DA in making those decisions every day I think really translates,” she said. “I understand the system, I have been a collaborative partner in the system, I sit at every table in the criminal justice system in Marion County where policies and procedures are being made, and I think there’s a reason for that.”

Queen said she has worked directly with victims, as well as people accused of crimes in settlement conferences. She said a letter hangs in her office from a man who once asked to arrange a final visit with his mother before serving a life sentence for murder, thanking Queen for having the compassion to grant his request.

“That really stuck with me. That even in the tough work I do, you have to treat everyone with respect and dignity,” she said.

Queen believes the role of a judge is to be fair and impartial. She said the public can be assured she won’t favor prosecutors in court proceedings, pointing to her endorsements from law enforcement, victims’ advocates and defense attorneys.

“I can’t imagine they would endorse somebody who’s just going to go along with one side,” she said. “The role of judge is to be fair and impartial.” 

She said she has been a special prosecutor for other counties in cases where a police officer had committed crimes. “It’s not about your title,” she said. “We are all held to the same standards under the law.”

Since Johnson was appointed, Queen said the election now gives Marion County residents a chance to decide for themselves as required in the Constitution.

She said her experience, temperament in moments of conflict and compassion make her the best choice for circuit judge in Marion County.

“If you put us side by side, I’m stronger in all three,” she said. “He’s primarily supported by people who are not from Marion County. I would be curious how many people on that list have actually seen him practice, and how he is professionally and as a lawyer.” 

CAMPAIGN MONEY: Here are totals for each campaign as reported by the state Elections Division as of Oct. 19. To look into individual donations and expenditures, start with this state website: Campaign finance.

JOHNSON

Contributions: $92,263. Expenditures: $40,641. Cash balance: $51,622

Top donors: Kate Brown Committee, $5,000; Kevin Mahoney, $5,000; Theresa Richardson, $2,500; Jackie for Oregon (campaign committee for Jackie Leung, former House District 19 candidate for the Democratic nomination), $2,500; Spencer Todd (public defender and former candidate for Marion County District Attorney), $2,000; Zack Stern, $2,000; Craig Robinson, $2,000; Jovina Johnson, $2,000; Kafoury & McDougal (Portland trial lawyer firm), $2,000

QUEEN

Contributions: $50,116 Expenditures: $11,570. Cash balance: $38,547

Top donors: Ferder Casebeer, LLP (Salem law firm), $5,000; Deana Freres, $4,000; Salem Police Employees Union, $3,000; Freres Timber Inc, $2,500; Paul Ferder, $2,500; Jeffrey Jones, $2,500; Jason Thompson, $2,500

Correction: Due to an editing error, this article incorrectly listed campaign contribution and expenditure amounts for Amy Queen. Salem Reporter apologizes for the error.

Contact reporter Ardeshir Tabrizian: [email protected] or 503-929-3053.

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