Smith v. Dept. of Corrections

“[I]t is not this court’s function to speculate as to what a party’s argument might be [or] to make or develop a party’s argument when that party has not endeavored to do so itself.” Beall Transport Equipment Co. v. Souther Pacific, 186 Or App 696, 700-01 n 2, 64 P3d 1193, adh’d to as clarified on recons, 187 Or App 472, 68 P3d 259 (2003).

Plaintiff appealed a limited judgment that ordered him to pay filing fees for a civil action filed against the Department of Corrections. Plaintiff, as an adult in custody, was ordered to pay the fee from his DOC trust account either in full or as the funds became available. Plaintiff assigned error to the trial court’s failure to make certain findings and the trial court’s decision to enter the judgment without a hearing. Plaintiff mistakenly argued that these errors occurred by citing several repealed statutes and bad caselaw. “[I]t is not this court’s function to speculate as to what a party’s argument might be [or] to make or develop a party’s argument when that party has not endeavored to do so itself.” Beall Transport Equipment Co. v. Souther Pacific, 186 Or App 696, 700-01 n 2, 64 P3d 1193, adh’d to as clarified on recons, 187 Or App 472, 68 P3d 259 (2003). The Court held that waiving or deferring fees is now governed exclusively by ORS 30.643, which the Plaintiff failed to site or argue. The Court held that it is not the Courts function to make arguments on behalf of the parties on appeal. Affirmed.