By Anne Scheck
Trammart News Service, December 27, 2024
As the youngest and newest judge in Polk County’s Circuit Court, Rafael Caso, who was appointed to the bench in 2017, is part of a trio of judges for the county. These three comprise the judiciary level of law enforcement at the county courthouse. They have the responsibility to decide criminal, civil, family, and other types of legal conflicts, as well as to interpret and apply the state and federal constitutions and statutes. Their duties range from domestic disputes to guardianship cases. This profile is planned to be part of a compendium on county government that has been promised to school districts across the county as they begin to implement civics instruction as a requirement.
Judge Rafael Caso has served as both a defense attorney in civil cases and as a prosecutor. He
worked as an assistant attorney general with the Oregon Department of Justice and as a deputy district attorney in Josephine County. So, in this way, Caso appears uniquely qualified.
But he also seems comfortable showing a humorous side. When Trammart News passed on a question posed by a very young member of Central School District – Do you like the robe they make you wear, and does it get blessed? – Caso gamely answered: “I have never considered having my robes blessed.”
He explained that he regards the robe a symbol, representing formality, decorum and seriousness and “masking the individual characteristics of the wearer” in the official process that takes place in the courtroom as a case is heard.
Polk County District Attorney Aaron Felton called it a “privilege” to be in Caso’s courtroom. “He knows the law, and he knows the cases that come before him,” Felton said. “And if you do well in his courtroom, it is a real accomplishment because of the high standards he sets.”
A graduate of Boise State University in 2003, with a degree in psychology, and the Florida Coastal School of Law in 2007, Caso had been a lawyer only for a decade when he was tapped to become a judge in Polk County. However, he had served as a judge – in neighboring Marion County. There he was a judge pro tempore, a position in which he performed the same duties as the regular judges when they weren’t available to do so. All judges in Oregon are elected but many, like Caso, began by being appointed by the governor when a judge who was serving vacated the office.
Until college, Caso had never given the legal profession any thought, he said. One summer, one of his uncles invited him down to California to look at his law practice and see if “the law” was something he might be interested in pursuing. “I found the profession interesting, but terrifying – I had a fear of public speaking,” he said.
However, shortly after that trip to California, his older brother urged him to make a decision, to pick “any” trajectory for his professional life. “My brother has faced adversity and been a hero of mine for all of my adult life,” he said. “Not wanting to follow my brother in the medical field, I chose the law – and fell in love with it right away.”
In a fairly wide-ranging interview, Judge Caso answered questions about his educational background, his personal life – including the spit-lobbing llamas he helps raise – as well as answering some inquiries from youths that were provided to Trammart News in preparation for this interview.
TN. I understand you grew up on a farm, and I know your colleague Judge Monte Campbell did, as well. So, is this good preparation for a career in law that leads to a judgeship?
I think you learn the value of work ethic on a farm. There are things that have to be done; They cannot be put off. Time management becomes a priority – I had schoolwork and sports, but I also worked on both our family farm and the neighbor’s farm.
TN. You said you grew up largely in Melba, Idaho, a tiny place even now. It doesn’t sound like an academic environment.
Well, it was almost entirely agriculture. But my brother became a surgeon, and here I am, proof that the example set by my parents must have been a terrific influence. My father is from Spain and began his life here not knowing much English. They (my parents) both showed extraordinary strength and persistence in achieving the American Dream. Growing up, I remember fantasizing about being a rancher like my father, a firefighter, or a doctor. My father immigrated to the United States as a shepherd and worked his way up to foreman of a large ranch.
TN. It sounds like a pretty labor-intensive life.
Yes, and I have the toughest dad. I believe both my parents were the strongest people I’ve ever known. They managed the ranch and then, when I was in the 2nd grade, my father suffered a disabling injury when a vehicle he was working on had a tire blow-out, right after he had started to work on it. I was about six years old at the time. My father was permanently disabled, with a traumatic brain injury, in an accident on the ranch, and my parents needed to move off the ranch. From there, my parents built their own “retirement ranch” in Idaho. Virtually my entire childhood surrounded ranch-life.
TN. How did the family manage?
Well, he (my father) recovered. Not really fully, but he compensated in other ways, physically. He kept going. They both did, and I saw how hard my mother and father worked, to carry on. My older brother and I learned a lot from seeing that endurance and resilience.
TN. What else do you remember about growing up?
I remembered being loved. My family was not a family with money. We never went hungry, but both my parents worked hard to put a roof over our heads and food on the table. The table was a place where we came together as a family for meals, conversation, and fellowship. We had each other and nothing else mattered.
TN. Law school graduates generally can make more income in certain areas of law than they can on the bench, so why would you choose to be a judge with potentially less long-term earning power – does it reflect your desire to live by a value system?
Judges in Oregon, when adjusted for cost of living, are some of the lowest paid in the nation. My wife and I sat down and talked about what things were important to us when we made the decision for me to pursue a career in public service.
We decided that regardless of the salary, my desire to give an honest and open hearing to the individuals appearing in court needed to be fulfilled. We have patterned our lives around that decision – we don’t drive new cars, have all the toys our friends have, or have the biggest or nicest house.
As a civil servant, I can provide litigants a place where they can come air their disputes and hopefully obtain closure. In my specific circumstances, I suppose it does reflect my family’s desire to live modestly and provide an opportunity to the people that enter my courtroom.
TN. Do you think your psychology degree – now a common major prior to law school application – helps you understand those in your courtroom, and those with whom you come in daily contact? Or were there other experiences from your background that help you navigate diverse personalities?
I think both my diverse upbringing and my undergraduate degree help me in being open to all people appearing in my courtroom. Growing up, I worked as a farm hand, hoeing beans, topping corn, picking rock, digging ditches, etcetera. I grew up believing that we are all just people – regardless of someone’s skin color, gender, or even the amount of money in their possession. We all start from the same fundamental building block – humanity – but we all have a story that nobody else knows that shades how we interact with the world.
TN. Is there a specific thought process or philosophy that you rely on when making decisions and rulings? A way that you weigh evidence and law and ramifications?
Yes. First and foremost, I remind myself that those who are in front of me are appearing on some of the worst days of their lives, so I always give them grace. From there, I look at the rules and filter all the facts through the rules. Sometimes this is difficult, since my personal beliefs can be contrary to the outcome of the case. When I run into this situation, I remind myself that the only fair way to decide a case is based on the rules and I put aside my personal beliefs and decide the case.
Looking at the ramifications of a ruling is at times appropriate, for example if I am considering “what is in the best interests of a child” that is entirely a ramifications analysis. Other times, looking at the ramifications of my decision is inappropriate – for example, if a judge is acting as an activist and wanting to change the law or society and that trial judge is making a ruling in an effort to change the law or society, that is an inappropriate use of judicial position. As you know, we have a process by which laws are created and passed in different branches of government.
TN. Do you recall your most memorable trial (or issue of litigation that came before you) that you had to rule upon, and why is it your favorite?
I have heard memorable cases involving very diverse and colorful actors, but I do not have a specific favorite case. I have had a number of cases – predominantly through Drug Court, where the criminal defendant was able to earn sobriety and make positive changes in their lives that allowed for gainful employment, housing, and the return of their children.
Through the participants’ hard work, the participant was able, with help, to remove themselves from the judicial system. That scenario is probably my favorite.
TN. Do you worry that you can make a bad decision?
Every day and in every case. This is by far the most stressful part of my job because people’s lives, freedom, reputation, and property are on the balancing scales each and every time a judge takes the bench. I believe that it is incumbent on a good magistrate to be prepared for every case that the judge hears. This includes being versed in the law, open to the specific facts of the case, observant to the arguments made in court and most importantly willing to put aside all preconceived ideas and rule only on the facts and arguments presented in the specific case we are hearing.
TN. Have you been a judge on any trial where a dog or animal is in trouble? This is another question that comes from one of the youths in the community…
I have served as a judge on animal abuse and neglect cases. The cases are often some of the harder cases for jurors to hear since many individuals hold animals in a special place in their hearts. It is important in these cases, and every case for that matter, that the judge can set aside their personal feelings and decide the case only on the facts.
TN. You still live on a farm, a small one, is that right?
The house is on some land, but I don’t think you could call it a farm. We have llamas, chickens, rabbits, cats, and a dog. The animals are my wife’s passion, and she works with them more often than I.
TN. What do you mean?
Well, she hasn’t been spat on as often as I have. Llamas can do that when they are mad. I don’t think I made the llama mad – I think I was just in the way of the other animal – but I got the spit. I believe the llamas associate me with shearing time and vaccinations – so they in turn are not too keen on me.
TN. I think, for me, that would be a deterrent for future llama encounters.
I think there is learning to be gained from just about all experiences. And my children enjoy the llamas.
TN. Speaking of experience, I understand you and Judge Norman Hill, the presiding judge in Polk County, have been offering a short course for sharing your own experience and knowledge for lawyers-in-training during winter breaks at Willamette University?
Yes, we teach an intensive trial practice class during the winter break, and then a full semester course on civil and criminal trial procedure in the spring semester. We teach practical skills, what you might not get in class to that extent – giving immediate feedback on advocating for a client, selecting jurors.
TN. And you did that for high school students, too. Is that right?
For a mock trial program at Grants Pass High School and then at West Salem High School. I did that for nine years.
TN. Would you recommend this as an exercise or classroom assignment, in an abbreviated form perhaps, for schools trying to teach how courts work – as well as the importance of critical thinking?
Absolutely. Through my participation on a competitive trial team while in law school, I was able to hone many skills.
For example, I was able to work on public speaking, a poker face, ability to react to esoteric arguments, etc. After I became a deputy district attorney down in Grants Pass, I coached the Grants Pass High School Mock Trial Team and later the West Salem High School Mock Trial Team.
The students that participated in mock trial walked away with many of the same skills that participation on a competitive trial team granted me. The students got a feel for how our judicial system works and some of the limitations associated with the judicial system. They were able to pull aside the curtain and really look at the innerworkings of the judicial branch and how its parts fit together with the other branches of government.
Students who were in high school debate or interested in public speaking or just wanted to participate in the program signed up. It was a huge commitment for them.
TN. And for you, too, I bet.
Well, it was gratifying for me. ▪
By Anne Scheck
Trammart News ServiceYou might think Santa only arrives once a year and you might think that the most important tree this past December was the evergreen you bought to decorate and you might think that gizzards are the last chicken part anyone would buy to celebrate this holiday season.
Well, think again if you live in Independence.
An official Santa Claus lives in north Independence, Garry the White Oak is about to celebrate an important milestone for the town and chicken gizzards kept selling out at Jimmy’Z, making them hard to purchase for those seeking this one-of-a-kind delicacy in Polk County.
Yes, when traditional Christmas came to the city nicknamed Indy, there were special aspects to the celebration that only came to light after intensive, intrepid, indefatigable, investigative reporting.
This involved a red-suited Mr. Claus sitting down to announce he was a neighbor after spotting Trammart News at a table in a coffee shop plus a meeting of the Parks Committee in which the emblematic tree named Garry was openly discussed and, also, by way of the mini-explosion of a whiny customer at Jimmy’Z, after learning gizzards had sold out – again! (Okay, that was due to the author of this article becoming visibly distressed after being beaten to the gizzards by early-morning buyers at Jimmy’Z and thank you kindly store employees for accurately predicting yours truly would eventually score some with enough persistence – which I did.)
For anyone who doubts that Independence is Santa’s big scene, meet John Hanson (photo, upper right), a year-round resident with a thick white beard, a jolly laugh and the rosy cheeks of Good St. Nick. He is the founder of Santa’s Giving Project, which was able to give away Christmas dollars for buying groceries, thanks to donations from Willamette Valley Fiber/MINET and the owners of the Independence & Dallas Grocery Outlets.
Hanson, who has been doing this for several years, said he places special emphasis on distributing to senior and veteran families. But his bookings with children keep him as busy as charity work. After a quick stop in a coffee shop, he had six more bookings. He also accommodates pet owners who want a photo op with their cat or dog.
However, he has had to replace his Santa suit due to over-excited canine deposits, so he is more careful handling animals – kids don’t put the same wear and tear on his special garb, he said.
Although the Christmas tree lot in Central Plaza enjoyed sales of trees – Noble Fir was a top seller and apparently a favorite of Indies of Indy – a short drive away, a special tree representing an Independence milestone was getting ready to ring in the new year. At a point where the Luckiamute and Santiam Rivers join the Willamette River, is a very young Oregon White Oak tree that is the one millionth plant to be placed by the Luckiamute Watershed Council in the local watershed.
It is thriving in the Luckiamute State Natural Area, more than four years after a crowd of supporters watched it being planted and clinked champagne glasses to commemorate the event.
The Oregon White Oak is significant for several reasons: It is seen as a symbol of peace – it has been planted at the World Trade Center; It helps provide habitat for the western gray squirrel, which may seem abundant but is listed as threatened in Washington and possibly declining in Oregon; And it is a refuge for many birds, including juncos, goldfinches, nuthatches, wild turkeys, and woodpeckers, according to the Oregon Department of Fish and Wildlife.
The tree was dubbed “Garry” due to its scientific name, Quercus garryana.
Garry is protected by a fence encircling it since it’s still too small for those who periodically care for the land to easily detect, explained Kristen Larson, former executive director of the Luckiamute Watershed Council, who was queried about it at the last meeting of Independence Parks Board.
Chicken gizzards flew off the food shelves at the counter of Jimmy’Z this year, and there is a good reason for that. They are delicious.
If you don’t believe me, just consider this fact. They sold out by early afternoon. Customers stopping by for gas or other essentials cleaned out all hot stock of this “grinder” chicken part by 1 pm or so. Or maybe it was chicken-gizzard holiday hoarders. Those gizzards were goners by the time a certain chicken-gizzard aficionado showed up.
Finally, a trip into the store in wee hours of the morning clinched the delectable chicken part. And this attainment made the season a little bit more satisfying for the buyer in a chewy, chomping way … ▪
By Anne Scheck
Trammart News Service
There is great consolation in knowing happy endings that happen in historically tragic circumstances – and one was described and displayed at the Heritage Museum a few years ago. There were so many who served during World War I who didn’t come home … but one young man returned to Independence in a stunning twist of fate.
This soldier’s story bears repeating. And, in the archives of both the museum and Trammart News, perhaps it will live on, reappearing again during a future holiday season. Special thanks go to Heritage Museum Curator Amy Christensen.
In the fall of 1918, the parents of a World War I soldier from Independence who was listed as missing in action were preparing for the saddest holiday season of their lives. On Christmas eve, they instead got a great and surprising gift – their son walked through the door.
Armine Oliver Young had been seriously injured in a battle in France, and his family was notified that his whereabouts were unknown. Finally, in October, they received a letter from him that he was in a field hospital, recovering from a bullet wound to his arm. Shortly before the clock tolled for Christmas, Young strode into his house, giving his mother and father the city’s biggest shock of the season, which landed him on the front page of the Polk County Newspaper, The Enterprise, as well as other newspapers across the county.
The story of Armine O. Young is chronicled not only in the yellowed pages of an old newspaper, but among a set of display panels at the Independence Heritage Museum. Though not currently out for public view, the true tale of the soldier’s unexpected return was unearthed by Independence Heritage Museum Curator Amy Christensen.
“I came across a small newspaper clipping with Young's story,” Christensen explained. “I found it to be a lovely expression of the sorrows, as well as the unique rejoicement involved in being a military family,” she said, noting that her own family is one of those, as well.
The story is a poignant example of a slice of life in Independence more than a century ago. “We aim to connect visitors to history through our local personal stories,” she said. Among some visitors to the museum when this exhibit was displayed years ago, the World War I story of Young and his return home became known as “the soldier’s Christmas story.” ▪