Note: This motion and associated papers are as submitted to the Oregon Court of Appeals.

The Brief is also available on line with the record. These is also a page with links to the sections describing events as they occurred.

Page breaks have been moved slightly to avoid page splits in the middle of paragraphs. Hand written entries (signatures) are shown in italics and underlined.

Supplement to Appellant's Brief June 5, 2007 1 / 3

To Be Argued by
Brian P. Carr
Time: 15 minutes

Court of Appeals
State of Oregon

Case A132012

State of Oregon

Petitioner-Respondent

versus

Brian Patrick Carr

Defendant-Appellant

Supplement to Appellant's Brief
Appeal from the Order of the Circuit Court
Multonomah County Case C 0923389
Honorable Julie E. Frantz
April 18, 2006

Brian P. Carr
11301 NE 7th St, Apt J5
Vancouver, WA 98684
503-545-8357

Respondent:
Hardy Myers, #64007, Attorney General
Mary Williams, #91124, Solicitor General
Christina M. Hutchins
1162 Court Street NE
Salem, OR 97301
503-378-4402

Supplement to Appellant's Brief June 5, 2007 2 / 3

Additional Issue

Can Oregon courts enforce Orders for Protection signed by Washington Family Court Commissioners which are of duration greater than 14 days (or 24 days if the statutory requirements of RCW 26.50.070, RCW 26.50.085 and RCW 26.50.123 are met)? The trial court did not answer this question.

Statement of the Facts

Family Court Commissioners

In apparent recognition that the prior appointments of Superior Court Commissioners violated the numeric limits of the Washington Constitution and were not valid, in 2006 and 2007 the Clark County Superior Court instead appointed the Clark County District Court Judges and Commissioner as Family Law Court Commissioners under RCW 26.12. On May 4, 2007, the Court of Appeals granted Mr. Carr's Motion to Supplement the Record with signed orders in 2006 and 2007 appointing as Family Court Commissioners the Honorable Eiesland, Hagensen, Melnick, Osler, Schreiber, Swanger and Zimmerman.

Argument

Orders for Protection longer Than 14 Days Invalid

The Family Court is a court of limited jurisdiction (Ordell v. Gaddis, 99 Wn.2d 409) and Family Court Commissioners are only authorized to issue temporary restraining orders (RCW 2.24.040 (3)) which does not include the Orders for Protection of a year or more which they routinely issue in Clark County. It is only constitutional Commissioners who can issue such Orders (see STATE v. KARAS - 108 Wn. App. 692) and they are limited in number.

The individuals hearing RCW 26.50 matters in Clark County at this time do not have jurisdiction to sign the resulting Orders which makes them invalid

Supplement to Appellant's Brief June 5, 2007 3 / 3

Respectfully submitted, June 5, 2007 (Portland, OR).


Brian P. Carr

Signature of Appellant
Brian Carr
11301 NE 7th St., Apt J5
Vancouver, WA 98684
503-545-8357

Respondent:
Hardy Myers, #64007, Attorney General
Mary Williams, #91124, Solicitor General
Christina M. Hutchins
1162 Court Street NE
Salem, OR 97301

This page was last updated on June 5, 2007.