Detail, east Portland photo, courtesy Miles Hochstein / Portland Ground.

For old times' sake
The bojack bumper sticker -- only $1.50!

To order, click here.

Excellent tunes -- free! And on your browser right now. Just click on Radio Bojack!

E-mail us here.


This page contains a single entry from the blog posted on April 13, 2006 5:02 PM. The previous post in this blog was Friends, Romans, countrymen. The next post in this blog is All the news that's fit to obfuscate. Many more can be found on the main index page or by looking through the archives.



Law and Taxation
How Appealing
TaxProf Blog
Mauled Again
Tax Appellate Blog
A Taxing Matter
Josh Marquis
Native America, Discovered and Conquered
The Yin Blog
Ernie the Attorney
Above the Law
The Volokh Conspiracy
Going Concern
Bag and Baggage
Wealth Strategies Journal
Jim Hamilton's World of Securities Regulation
World of Work
The Faculty Lounge
Lowering the Bar
OrCon Law

Hap'nin' Guys
Tony Pierce
Parkway Rest Stop
Along the Gradyent
Dwight Jaynes
Bob Borden
Dingleberry Gazette
The Red Electric
Iced Borscht
Jeremy Blachman
Dean's Rhetorical Flourish
Straight White Guy
As Time Goes By
Dave Wagner
Jeff Selis
Alas, a Blog
Scott Hendison
The View Through the Windshield
Appliance Blog
The Bleat

Hap'nin' Gals
My Whim is Law
Lelo in Nopo
Attorney at Large
Linda Kruschke
The Non-Consumer Advocate
10 Steps to Finding Your Happy Place
A Pig of Success
Attorney at Large
Margaret and Helen
Kimberlee Jaynes
Cornelia Seigneur
And Sew It Goes
Mile 73
Rainy Day Thoughts
That Black Girl
Posie Gets Cozy
Cat Eyes
Rhi in Pink
Ragwaters, Bitters, and Blue Ruin
Rose City Journal
Type Like the Wind

Portland and Oregon
Isaac Laquedem
Rantings of a [Censored] Bus Driver
Jeff Mapes
Vintage Portland
The Portlander
South Waterfront
Amanda Fritz
O City Hall Reporters
Guilty Carnivore
Old Town by Larry Norton
The Alaunt
Bend Blogs
Lost Oregon
Cafe Unknown
Tin Zeroes
David's Oregon Picayune
Mark Nelsen's Weather Blog
Travel Oregon Blog
Portland Daily Photo
Portland Building Ads
Portland Food and
Dave Knows Portland
Idaho's Portugal
Alameda Old House History
MLK in Motion

Retired from Blogging
Various Observations...
The Daily E-Mail
Saving James
Portland Freelancer
Furious Nads (b!X)
Izzle Pfaff
The Grich
Kevin Allman
AboutItAll - Oregon
Lost in the Details
Worldwide Pablo
Tales from the Stump
Whitman Boys
Two Pennies
This Stony Planet
1221 SW 4th
I am a Fish
Here Today
What If...?
Superinky Fixations
The Rural Bus Route
Another Blogger
Mikeyman's Computer Treehouse
Portland Housing Blog

Wonderfully Wacky
Dave Barry
Borowitz Report
Stuff White People Like
Worst of the Web

Valuable Time-Wasters
My Gallery of Jacks
Litterbox, On the Prowl
Litterbox, Bag of Bones
Litterbox, Scratch
Ride That Donkey
Singin' Horses
Rally Monkey
Simon Swears
Strong Bad's E-mail

Oregon News
The Oregonian
Portland Tribune
Willamette Week
The Sentinel
Southeast Examiner
Northwest Examiner
Sellwood Bee
Mid-County Memo
Vancouver Voice
Eugene Register-Guard
OPB - Portland
Salem Statesman-Journal
Oregon Capitol News
Portland Business Journal
Daily Journal of Commerce
Oregon Business
Portland Info Net
McMinnville News Register
Lake Oswego Review
The Daily Astorian
Bend Bulletin
Corvallis Gazette-Times
Roseburg News-Review
Medford Mail-Tribune
Ashland Daily Tidings
Newport News-Times
Albany Democrat-Herald
The Eugene Weekly
Portland IndyMedia
The Columbian

The Beatles
Bruce Springsteen
Joni Mitchell
Ella Fitzgerald
Steve Earle
Joe Ely
Stevie Wonder
Lou Rawls

E-mail, Feeds, 'n' Stuff

Thursday, April 13, 2006

Blessed are they who expect nothing

Word has come down from Oregon attorney general Hardy Myers that he can't get into the investigation into the conduct of Portland Police Chief Derrick Foxworth, because he doesn't have the authority to enforce civil (as opposed to criminal) laws relating to the city. Here's Myers's letter to Mayor Potter declining the assignment (via KGW).

Makes you wonder what Myers can and will do (if anything) in the Emilie Boyles "voter-owned elections" scandal. With the Foxworth letter, is he in effect telling us that he can't make Boyles pay the city back the $144,900 in "clean money" she's taken in apparent violation of the municipal ordinance?

If Myers's jurisdiction is limited to criminal prosecution, he may have a tough time getting to Boyles herself. Let's face it, that money's gone.

Comments (29)

I think it's a blessing that Myers won't get involved. I look forward to watching the wiggling and squirming of our local yokels stewing in their own juice. The sordid factor just goes up a notch without the distraction of the Bumbler General.

So Jack....are you saying Boyles' actions are not criminal?...but, rather, a civil matter? She just cannot be allowed to get away with this! How much more pathetic can this matter get?

Committing a crime and being convicted for it are two very different things.

I have to say that auditor Blackmer and crew have figured out ways to go after both the cheats -- and I'm cautiously optimistic that our money will be returned. Of course, they used indirect ways of protecting the public purse, but for all the complaints, it looks like we may get what we want -- elections not bought and sold by developers -- while scaring off those who want to game the system.

I'm cautiously optimistic that our money will be returned.

Then you must be high. Boyles can't pay the rent on her trailer. You think she's got $80 grand in cash in a hole in the back yard?

Well, her daughter recently came into some money. And she's shown some skill in raising small contributions ($5,000 raised and the cost of raising it only $15,000).

If Myers goes after these cases, I, for one, will ask why he hasn't been willing to look into scandals involving "important" lawyers who, because they steal, can afford to pay their rent. The American way doncha know. Boyles is assimilating. I will also ask why that office will make a big show (with equally big pricetag) going after DAs-like Terry Gustafson- on really weak charges because Stephen Houze and Larry Matasar want it to.

Based on today's Oregonian, it sounds like Emilie has no financial assets. Assuming she just lives large for the next two months, the City might be able to reposess some of the "campaign's property", plus any cash she hasn't spent.

Wouldn't it be great if she moved to Mexico?

Hey, come on. Look at all the tough prosecutions they did in the SAIF scandals. {g}

OK...if we can't convict her, howzabout we transform her trailer into an Rose Festival parade float....bedecked in dead flowers, with her riding on top in stocks, as an honorary "ambassador" from the School of Scam & Scandal? Wave!....Emmy....Wave! Pelt her with rotten tomatoes!

The Multnomah County Tax Supervising and Conservation Commission is specifically directed by statute to use the AG as their legal counsel. The TSCC is a hoop through which all covered local governments here must jump through to obtain any property tax dollars and the TSCC has authority to affirmatively direct the DA to get back dollars that have been misspent.

Did the TSCC vanish? But isn't TSCC's core function primarily related to "audits?" The only potential escape -- jurisdictionally -- is if the money is NOT related to property taxes, or it does not involve money.

For one thing, if the criteria focused on is the signature sheets, that's a violation of state law, not the city law, and clearly within the AG's purview.

Sorry, meant to preview and then add something, and instead I hit post.

The point here is that what Foxworth faces is a tort claim -- a civil matter. You know, the sort one person brings against another.

If there's a violation of state or local campaign finance laws, that's not a civil matter, it's a criminal one.

Talk about apples and oranges.

I believe she will beat any criminal charge they throw at her. The clean money setup is so enticing, she can claim entrapment.

Maybe Boyles is right about one thing.
Maybe we should blame her (our) troubles on the "system" (that's really too kind a term) and it's authors - at least for the pi**ing away of public $$. All because they couldn't be bothered (or didn't care) about including safeguards against abuse.

Could that be because their real goal was just to get somebody some re-election dough?


If there's a violation of state or local campaign finance laws, that's not a civil matter, it's a criminal one.

If you could show me the state criminal laws that you think you could establish that Boyles personally violated, I'd be very interested in seeing them (off-blog, if you're worried about libel problems).

A criminal prosecution of her is highly unlikely.

Maybe Emilie is on to something: I would rather see voter owned trailer parks than voter owned elections.

Think of all the double-wides that could have been leased or rent assisted with Erik's $345,000 in "Clean Money" (not including any matching funds that Ginny "forces" him to spend)!

If you could show me the state criminal laws that you think you could establish that Boyles personally violated...

Aamnda's charge to folks collecting contributions for her was very clear...SHE was personally responsible for everything you did, so you'd better do it right (and she checked everything twice).

Not to overstate the case, but the rules for Voter Owned Elections, such as they are, seem to clearly put personal responsibility on the candidate for eveything that's done in the candidate's name. No excuses, no shifting blame. A tough standard, but fair enough if you expect to use public financing.

If Emilie Boyles isn't prosecuted, this experiment is toast, which I think would be too bad.

I'm guessing she cannot return the money...but if she's allowed to steal it without answering for that theft, then the elected officials who allowed this to happen need to answer for that.

Just show me the crime that she personally has allegedly committed, and the specific actions that she personally allegedly took that violated state criminal law. Give yourself some time to look, because it's not obvious to me what the state could charge her with and expect to get a conviction.

There are no criminal sanctions in the city ordinance, are there?

It would be much easier to bring a civil action for some kind of tort, but Myers apparently can't do that. So I guess no one will?


We've already got "...voter owned trailer parks..." - at least one - (OK without the actual trailers) at Dignity Village.

The fact that prosecutors can't prove criminal intent or their case beyond a reasonable doubt doesn't always stop them in these parts if they don't like the accused or if they want to impress a "victim". I imagine lots of readers can think of examples.

And I have heard of people who use their positions to get sexual favors being tried both criminally and civilly, although the cases that come to mind right now involved minors. A criminal case against Foxworth would be pretty weak imho, but the weakness -or strength-of a case doesn't necessarily seem to be what causes the AG's office to hesitiate.

Emilie might not only be on to something she may be a true trail blazer for all of us little people who have been left out not only of the process of politics, but the spoils. Why should only 'the power elite' live high on the public tab. I'm not interested though in campaign bucks I want a piece of that urban renewal pie that Homer and Dike have been gorging on. I have a piece of property that could use a fresh coat of paint and my family has doubled in size so I need to remodel my upstairs. Why should I go out and get a second mortgage and take all that risk, the city benefits from improvements I make to my neighborhood w/ increased property value so why can't I have some matching funds, some tax exemptions, some really low, low interest or no interest loans, or a pass on some stupid piddly building requirements? Hell if Kohler can have 375ft towers built on fault lines I should be able to turn an attic in to a bedroom without having to rebuild my whole house to bring it up to code. I won't even block anyones view.

The Willamette Week's current article on the Boyles Boondoggle quotes a spokeman for the State AG as saying that violation of most campaign finance laws is a Class C felony, which would mean up to five years in prison. That's what I want to see happen. Five long years for Emilie to contemplate her evil ways.

Frank is correct. It seemed pretty clear to me that the candidate was responsible for compliance to the VOE rules.

Clearly she's liable under ORS 165.825

Sale of drugged horse. (1) No person shall sell or offer for sale any horse that is drugged, tranquilized or otherwise sedated without the consent of the buyer.
(2) Violation of subsection (1) of this section is a misdemeanor.


You're right on target. Don't let those gummnt bastards slow you down.

I was composting lawn clippings in the woods next to my house, and the City of Porkland sent a nuisance inspector out to harass me (it is City owned land). Granted, they never pulled any blackberrys or trimmed the ivy off THEIR trees (I did) but my COMPOSTING of grass clippings was AGAINST THE LAW.

There are people in this neighborhood with RV's parked in their driveways 9 months out of the year, and the Waste Management truck leaks a pint of hydraulic oil every time he makes a three point turn on my cul-de-sac, BUT MY LAWN CLIPPINGS ARE the City's primary concern.

We need a Tram from City Hall to Wapato, and an Attorney General with a nose for graft and corruption.

"Not to overstate the case, but the rules for Voter Owned Elections, such as they are, seem to clearly put personal responsibility on the candidate for eveything that's done in the candidate's name. No excuses, no shifting blame. A tough standard, but fair enough if you expect to use public financing."

But isn't this also a recipe for campaign sabotage and subversion?

If you could show me the state criminal laws that you think you could establish that Boyles personally violated, I'd be very interested in seeing them (off-blog, if you're worried about libel problems).

If the apparently-false signatures translate to contributions in a false name, then she would have violated ORS 260.402(2). And according to ORS 260.993, such a violation "is a Class C felony."

I believe that statute's unenforceable in Multnomah County. Just ask Tom Moyer's secretary.

Besides, I'll bet there's a "knowing" element in that crime, and you could never pin that on Boyles.

"Besides, I'll bet there's a "knowing" element in that crime, and you could never pin that on Boyles."
Are you implying that she is stupid because she let the city give her 150,000? The womans a genius, her talents would be wasted on the City Council, she needs to run for Congress. Crime is for the unimaginative, there are just too many 'legal' ways to steal.


As a lawyer/blogger, I get
to be a member of:

In Vino Veritas

Chloe, Pinot Grigio, Valdadige 2013
Edmunds St. John, Bone-Jolly Gamay Noir 2013
Kirkland, Pinot Grigio, Friuli 2013
St. Francis, Red Splash 2011
Rodney Strong, Canernet, Alexander Valley 2011
Erath, Pinot Blanc 2013
Taylor Fladgate, Porto 2007
Portuga, Rose 2013
Domaine Digioia-Royer, Chambolle-Musigny, Vielles Vignes Les Premieres 2008
Locations, F Red Blend
El Perro Verde, Rueda 2013
Chateau Ste. Michelle, Indian Wells Red 2
If You See Kay, Red 2011
Turnbull, Old Bull Red 2010
Cherry Tart, Cherry Pie Pinot Noir 2012
Trader Joe's Grand Reserve Cabernet, Oakville 2012
Benton Lane, Pinot Gris 2012
Campo Viejo, Rioja, Reserva 2008
Haden Fig, Pinot Noir 2012
Pendulum Red 2011
Vina Real, Plata, Crianza Rioja 2009
Edmunds St. John, Bone/Jolly, Gamay Noir Rose 2013
Bookwalter, Subplot No. 26
Ayna, Tempranillo 2011
Pete's Mountain, Pinot Noir, Haley's Block 2010
Apaltagua, Reserva Camenere 2012
Lugana, San Benedetto 2012
Argyle Brut 2007
Wildewood Pinot Gris 2012
Anciano, Tempranillo Reserva 2007
Santa Rita, Reserva Cabernet 2009
Casone, Toscana 2008
Fonseca Porto, Bin No. 27
Louis Jadot, Pouilly-Fuissé 2011
Trader Joe's, Grower's Reserve Pinot Noir 2012
Zenato, Lugana San Benedetto 2012
Vintjs, Cabernet 2010
14 Hands, Hot to Trot White 2012
Rainstorm, Oregon Pinot Gris 2012
Silver Palm, North Coast Cabernet 2011
Andrew Rich, Gewurtztraminer 2008
Rodney Strong, Charlotte's Home Sauvignon Blanc 2012
Canoe Ridge, Pinot Gris, Expedition 2012
Edmunds St. John, Bone-Jolly Gamay Noir Rose 2012
Dark Horse, Big Red Blend No. 01A
Elk Cove, Pinot Noir Rose 2012
Fletcher, Shiraz 2010
Picollo, Gavi 2011
Domaine Eugene Carrel, Jongieux 2012
Eyrie, Pinot Blanc 2010
Atticus, Pinot Noir 2010
Walter Scott, Pinot Noir, Holstein 2011
Shingleback, Cabernet, Davey Estate 2010
Coppola, Sofia Rose 2012
Joel Gott, 851 Cabernet 2010
Pol Roget Reserve Sparkling Wine
Mount Eden Chardonnay, Santa Cruz Mountains 2009
Rombauer Chardonnay, Napa Valley 2011
Beringer, Chardonnay, Napa Reserve 2011
Kim Crawford, Sauvignon Blanc 2011
Schloss Vollrads, Spaetlese Rheingau 2010
Belle Glos, Pinot Noir, Clark & Telephone 2010
WillaKenzie, Pinot Noir, Estate Cuvee 2010
Blackbird Vineyards, Arise, Red 2010
Chauteau de Beaucastel, Chateauneuf-du-Pape 2005
Northstar, Merlot 2008
Feather, Cabernet 2007
Silver Oak, Cabernet, Alexander Valley 2002
Silver Oak, Cabernet, Napa Valley 2002
Trader Joe's, Chardonnay, Grower's Reserve 2012
Silver Palm, Cabernet, North Coast 2010
Shingleback, Cabernet, Davey Estate 2010
E. Guigal, Cotes du Rhone 2009
Santa Margherita, Pinot Grigio 2011
Alamos, Cabernet 2011
Cousino Macul, Cabernet, Anitguas Reservas 2009
Dreaming Tree Cabernet 2010
1967, Toscana 2009
Charamba, Douro 2008
Horse Heaven Hills, Cabernet 2010
Lorelle, Horse Heaven Hills Pinot Grigio 2011
Avignonesi, Montepulciano 2004
Lorelle, Willamette Valley Pinot Noir 2011
Villa Antinori, Toscana 2007
Mercedes Eguren, Cabernet Sauvignon 2009
Lorelle, Columbia Valley Cabernet 2011
Purple Moon, Merlot 2011
Purple Moon, Chardonnnay 2011
Horse Heaven Hills, Cabernet 2010
Lorelle, Horse Heaven Hills Pinot Grigio 2011
Avignonesi, Montepulciano 2004
Lorelle, Willamette Valley Pinot Noir 2011
Villa Antinori, Toscana 2007
Mercedes Eguren, Cabernet Sauvignon 2009
Lorelle, Columbia Valley Cabernet 2011
Purple Moon, Merlot 2011
Purple Moon, Chardonnnay 2011
Abacela, Vintner's Blend No. 12
Opula Red Blend 2010
Liberte, Pinot Noir 2010
Chateau Ste. Michelle, Indian Wells Red Blend 2010
Woodbridge, Chardonnay 2011
King Estate, Pinot Noir 2011
Famille Perrin, Cotes du Rhone Villages 2010
Columbia Crest, Les Chevaux Red 2010
14 Hands, Hot to Trot White Blend

The Occasional Book

William Golding - Lord of the Flies
Saul Bellow - Mister Sammler's Planet
Phil Stanford - White House Call Girl
John Kaplan & Jon R. Waltz - The Trial of Jack Ruby
Kent Haruf - Eventide
David Halberstam - Summer of '49
Norman Mailer - The Naked and the Dead
Maria Dermoȗt - The Ten Thousand Things
William Faulkner - As I Lay Dying
Markus Zusak - The Book Thief
Christopher Buckley - Thank You for Smoking
William Shakespeare - Othello
Joseph Conrad - Heart of Darkness
Bill Bryson - A Short History of Nearly Everything
Cheryl Strayed - Tiny Beautiful Things
Sara Varon - Bake Sale
Stephen King - 11/22/63
Paul Goldstein - Errors and Omissions
Mark Twain - A Connecticut Yankee in King Arthur's Court
Steve Martin - Born Standing Up: A Comic's Life
Beverly Cleary - A Girl from Yamhill, a Memoir
Kent Haruf - Plainsong
Hope Larson - A Wrinkle in Time, the Graphic Novel
Rudyard Kipling - Kim
Peter Ames Carlin - Bruce
Fran Cannon Slayton - When the Whistle Blows
Neil Young - Waging Heavy Peace
Mark Bego - Aretha Franklin, the Queen of Soul (2012 ed.)
Jenny Lawson - Let's Pretend This Never Happened
J.D. Salinger - Franny and Zooey
Charles Dickens - A Christmas Carol
Timothy Egan - The Big Burn
Deborah Eisenberg - Transactions in a Foreign Currency
Kurt Vonnegut Jr. - Slaughterhouse Five
Kathryn Lance - Pandora's Genes
Cheryl Strayed - Wild
Fyodor Dostoyevsky - The Brothers Karamazov
Jack London - The House of Pride, and Other Tales of Hawaii
Jack Walker - The Extraordinary Rendition of Vincent Dellamaria
Colum McCann - Let the Great World Spin
Niccolò Machiavelli - The Prince
Harper Lee - To Kill a Mockingbird
Emma McLaughlin & Nicola Kraus - The Nanny Diaries
Brian Selznick - The Invention of Hugo Cabret
Sharon Creech - Walk Two Moons
Keith Richards - Life
F. Sionil Jose - Dusk
Natalie Babbitt - Tuck Everlasting
Justin Halpern - S#*t My Dad Says
Mark Herrmann - The Curmudgeon's Guide to Practicing Law
Barry Glassner - The Gospel of Food
Phil Stanford - The Peyton-Allan Files
Jesse Katz - The Opposite Field
Evelyn Waugh - Brideshead Revisited
J.K. Rowling - Harry Potter and the Sorcerer's Stone
David Sedaris - Holidays on Ice
Donald Miller - A Million Miles in a Thousand Years
Mitch Albom - Have a Little Faith
C.S. Lewis - The Magician's Nephew
F. Scott Fitzgerald - The Great Gatsby
William Shakespeare - A Midsummer Night's Dream
Ivan Doig - Bucking the Sun
Penda Diakité - I Lost My Tooth in Africa
Grace Lin - The Year of the Rat
Oscar Hijuelos - Mr. Ives' Christmas
Madeline L'Engle - A Wrinkle in Time
Steven Hart - The Last Three Miles
David Sedaris - Me Talk Pretty One Day
Karen Armstrong - The Spiral Staircase
Charles Larson - The Portland Murders
Adrian Wojnarowski - The Miracle of St. Anthony
William H. Colby - Long Goodbye
Steven D. Stark - Meet the Beatles
Phil Stanford - Portland Confidential
Rick Moody - Garden State
Jonathan Schwartz - All in Good Time
David Sedaris - Dress Your Family in Corduroy and Denim
Anthony Holden - Big Deal
Robert J. Spitzer - The Spirit of Leadership
James McManus - Positively Fifth Street
Jeff Noon - Vurt

Road Work

Miles run year to date: 382
At this date last year: 241
Total run in 2013: 257
In 2012: 129
In 2011: 113
In 2010: 125
In 2009: 67
In 2008: 28
In 2007: 113
In 2006: 100
In 2005: 149
In 2004: 204
In 2003: 269

Clicky Web Analytics