S055524, Opinion — In re Wollheim

139
Submitted on the record January 16, accused censured February 1 4, 2008
Inquiry Concerning a Judge re:
THE HONORABLE ROBERT WOLLHEIM,
Accused.
(CJFD No. 06-87; SC 8055524)
178 P3d 224
CJS, Judges § 43.
On review of the Commission on Judicial Fitness and
Disability Stipulation of Facts, Admission of Violation, and
Consent to Censure.
Caroline Wilkins, Chair, Oregon Commission on Judicial
Fitness and Disability, submitted the stipulation.
Before De Muniz, Chief Justice, and Gillette, Durham,
Balmer and Walters, Justices.*
PER CURIAM
The accused is censured.
* Kistler and Linder, JJ., did not participate in the consideration or decision of
this case.

140 In re Wollheim
PER CURIAM
This is a proceeding under ORS 1.420, ORS 1.430,
and Article VII (Amended), section 8, of the Oregon Consti
tution, concerning the conduct of a judge of the Court of
Appeals. ORS 1.420(l )(c) provides that the Commission on
Judicial Fitness and Disability (Commission) "may allow
the j udge to execute a consent to censure, suspension or
removal." Here, the accused, the Honorable Robert
Wollheim, has executed a consent to censure and has stipu
lated that he engaged in conduct that violated Rule 1-lOl(B)
of the Code of Judicial Conduct, which provides that " [a]
j udge shall not commit a criminal act."
The accused stipulated as follows:
"If a contested hearing was held in this matter, clear,
cogent, and convincing evidence would be presented suffi
cient to establish the following facts:
" l . The Accused is a judge on the Court of Appeals of
the State of Oregon. He is also one of three judicial mem
bers of the Commission. The judge reported this matter to
the Commission. The judge did not participate in the Com
mission's consideration of this matter.
"2. On the morning of July 12, 2006, at approximately
8 a.m., the Accused drove his car southbound on Interstate
5 towards his chambers in Salem.
"3. At that time and place, the Accused was under the
influence of intoxicants, namely, hydrocodone, commonly
known as Vicodin, and oxycodone, commonly known as
OxyContin, controlled substances for which he had pre
scriptions because of back and leg pain.
"4. Another motorist called the Oregon State Police to
report that the Accused was driving erratically, that the
right front corner of his vehicle may have bumped into the
left rear of a semi-truck, and that the Accused did not stop.
"5. Responding to the complaint, an Oregon state
trooper followed the Accused's vehicle as it exited the free
way and proceeded southbound on Portland Road. While
the trooper was following, the Accused's vehicle drifted into
the northbound lane of travel.
"6. The trooper stopped the Accused by activating his
vehicle's overhead emergency lights.

Cite as 344 Or 139 141
"7. During the stop, the Accused produced a vial con
taining several pills, including Vicodin and OxyContin. The
Accused told the trooper that he had taken three pills that
morning-either two Vicodin and one OxyContin, or vice
versa. He also said that he had taken some other medica
tions, including prednisone and naprosin.
"8. The Accused's movements were slow, and his
speech was slow and slurred. The right front corner of his
vehicle was damaged.
"9. The Accused submitted to a field sobriety test, after
which the trooper arrested him on suspicion of driving
while under the influence of intoxicants.
" 10. The trooper took the Accused to the police station,
where he consented to a Breathalyzer test, which showed a
zero percent blood alcohol level.
" 1 1 . After the tests, the trooper issued the Accused a
citation for driving under the influence of intoxicants.
"12. The next day, the Accused was hospitalized with
multiple symptoms. He was diagnosed with meningitis and
spent several days in the hospital's intensive care unit
before being discharged on July 19, 2006.
"13. On August 4, 2006, the Accused pied guilty to
driving under the influence of intoxicants, a class A misde
meanor. See ORS 8 13.010. The court accepted the judge's
petition for leave to enter a diversion program. See ORS
8 1 3.200 et seq. The judge successfully completed that pro
gram. On August 9, 2007, the court entered an order dis
missing the charge with prejudice. See ORS 8 1 3.250."
The accused admits that the above conduct violated
Rule 1-lO l(B) of the Code of Judicial Conduct. The Commis
sion and the accused agree that censure is the appropriate
sanction.
Pursuant to ORS 1.430(2), the court has reviewed
the stipulation of facts and the disciplinary action to which
the accused has consented. The court approves the censure.
The accused is censured.