The Right To Fair Trial Act

If you were to ask most Oregonians whether you are entitled to a “trial by your peers” if the government accuses you of breaking the law, the response would likely be a unanimous “Yes”. Most Oregonians will be surprised to learn that the government has developed a scheme outside the court system where the government get to accuse you of breaking the law and gets to decide on your guilt or innocence. This administrative process allows the government to be judge, jury and executioner.

The administrative hearings process is stacked against the average Oregonian. Rarely does an administrative agency lose, primarily because it is the administrative agency that is going to make the final decision. An administrative fine could reach the hundreds-of-thousands of dollars, with no right to ever have a trial in front of a jury of your peers.

The Right To Fair Trial Act fixes this problem. It says that if you are accused of violating a law (be it a statute or administrative regulation), and the possible fine is at least $10,000, then you have the right to demand a trial in a court, with a neutral decision-maker, where the government has to prove its case again you, and not the other way around.

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