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Friday, December 31, 2004

Court adjourned

Judge Thomas Kolberg ends 20-year career on local bench

Judge Thomas Kolberg doffed his circuit court robe for the last time Thursday, closing the books on a judicial career spanning almost 20 years.

Kolberg is known for his ability to probe complex legal issues and reach decisions that were rarely reversed on appeal, but he said one of his most difficult decisions was the one he made last year, when he elected to retire.

“I had to go over kind of a self-acknowledgment process, and decide that it’s time to move on,” Kolberg said.

He will be succeeded by Randy Garrison, who will be sworn in as judge on Monday.

Kolberg, who turns 63 next week, moved with his parents from Wisconsin to Roseburg right before the seventh grade.

He graduated from Roseburg High School in 1960. Although he and Pat Kolberg, his wife of more than 40 years, attended high school together, the two didn’t start dating until the summer before his senior year at the University of Oregon.

The couple have one daughter, Elizabeth Tomlinson, who is married and teaches elementary school in Portland.

While pursuing his undergraduate degree at the University of Oregon, Kolberg majored in math and dabbled in journalism before friends persuaded him to consider a law degree. He entered the University of Oregon School of Law in 1964, graduating three years later.

The escalation of the Vietnam War prompted Kolberg to apply for a commission to the U.S. Army’s Judge Advocate General’s Corps. He received his commission, was trained in military justice at the University of Virginia in Charlottesville, and was eventually stationed at Fort Hood, Texas.

Kolberg served in a number of capacities at Fort Hood, trying courts-martial cases as a defense attorney and a prosecutor, as well as presiding over them as a judge. He also worked in administration before leaving the Army in 1971 and moving back to Roseburg with Pat.

Before moving back, Kolberg accepted a job at the Roseburg law firm where he had interned — later called Long, Neuner, Dole, Caley and Kolberg, when Kolberg became a partner in the firm. He was still working there when retiring Circuit Judge Robert Stults suggested he consider an appointment to the bench.

“It was a very difficult decision, in a sense, because I was a partner in a law firm that was very successful, and it required me to completely dissever myself from that firm,” Kolberg said.

He decided it would be a rewarding career move, however, and he accepted former Gov. Vic Atiyeh’s appointment to replace Stults in 1985.

When asked what personal qualities a judge needs to rule effectively from the bench, Kolberg said temperament plays a big role.

“You have to often make decisions under stress, and so you have to be cognitive of your emotional state,” Kolberg said. “I think another thing that’s important is scholarship. I think you have to have an interest in the law and a strong interest in keeping up with the law ... so that when you make decisions, hopefully you’re making correct decisions with respect to the legal issues” involved.

Indeed, Kolberg is renowned among local attorneys for his own legal scholarship — and for demanding lawyers know what they’re talking about when they appear before him.

Roseburg defense attorney Jim Arneson joked that the key to avoiding a reprimand from Kolberg is to try to deflect his criticism in the opposing attorney’s direction.

“The goal is always to, as deftly as you can, put it on the other party,” Arneson said, laughing.

He added, on a serious note, that this commitment to excellence is probably Kolberg’s most important contribution to the local bench.

“He’s extremely bright, knows the law very well, and demands that people who appear before him know the law and are well-prepared,” Arneson said.

Like the other judges on the bench, Kolberg presided over both civil and criminal cases. The latter category provided many of the more interesting cases he has handled, though some images still haunt him.

“I can still, in my mind’s eye, see photos of homicide victims” from cases handled two decades ago, Kolberg said.

His criminal cases ran the gamut from minor property crimes and drug possession cases, to aggravated murders involving the death penalty.

His wife recalls sitting in the courtroom as her husband pronounced the death sentence for convicted murderer Clinton Cunningham, who was accused of stabbing to death Shannon Faith between Drain and Elkton in 1991.

“I heard my husband read that (sentence), and it was a very strange feeling,” Pat Kolberg said. “That was probably one of the things that have never left (me), and it was very serious, and I thought was one of those times when you realize the seriousness of what they do.”

Cunningham remains on death row in the Oregon State Penitentiary.

Kolberg is perhaps best known for his knowledge of civil law. He handled approximately 60 percent of the civil cases on the Douglas County Circuit Court dockets. Among his favorites are medical malpractice suits, which are challenging because so much of the evidence presented is highly technical and often difficult to grasp.

“You learn a lot about health issues, and about a myriad of things that can come up in the medical profession,” Kolberg said.

Kolberg’s retirement plans will be somewhat limited by the seven weeks per year he must contribute to fulfill his obligations as a “Plan B” judge. These judges work on a voluntary basis, with expenses paid, for five years after retirement, helping out in other counties where they are needed.

He will also dedicate himself to doing mediation and arbitration work in complex civil cases.

Still, the avid golfer is sure to put in more time on the links now, he said, and he and Pat have already made travel plans for the coming year.

“We’re going to take a little time to travel, mainly around the United States,” Kolberg said.

Reflecting on his lengthy career on the local bench, he said, “There’s going to be some feeling of loss, when ... I walk out of here and know I won’t be coming back.”



• You can reach reporter Christian Bringhurst at 957-4213 or by e-mail at cbringhurst@newsreview.info.


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