State v. Reasoner

There is no constitutional requirement that all delegations of legislative power must be accompanied by a statement of standards circumscribing its exercise.’ Warren v. Marion County, 222 Or 307, 313, 353 P2d 257 (1960). Rather, the procedure established for the exercise of that power must furnish adequate safeguards against the arbitrary exercise of the delegated power.

Defendant appealed a conviction on two counts of misdemeanor traffic violations. Defendant assigned error to the court's interpretation of ORS 419C.370, which improperly delegated legislative power to the judicial branch and thus violated the Oregon Constitution. Defendant argued that ORS 419C.370 impermissibly permits the juvenile court to exercise legislative authority by blanketly waiving traffic violations committed by minors to municipal court without sufficient safeguards. The State contended that the courts and legislature have historically shared the duty to determine when a minor can be charged as an adult, and that ORS 419C.370 statutorily reflects this practice. There is no constitutional requirement that all delegations of legislative power must be accompanied by a statement of standards circumscribing its exercise.’ Warren v. Marion County, 222 Or 307, 313, 353 P2d 257 (1960). Rather, the procedure established for the exercise of that power must furnish adequate safeguards against the arbitrary exercise of the delegated power. Thus, the Court ruled that ORS 419C.370 did not violate the Oregon Constitution relying on legislative history stating that traffic violations committed by minors could sufficiently be adjudicated in either juvenile or municipal court because not all counties have proficient traffic courts established. Affirmed.