Court of Appeals of Oregon, 2025

Bong v. Dept. of Justice

Bong v. Dept. of Justice
Court of Appeals of Oregon · Decided June 11, 2025 · Aoyagi
341 Or. App. 283

Bong v. Dept. of Justice

Opinion

No. 533 June 11, 2025 283 This is a nonprecedential memorandum opinion pursuant to ORAP 10.30 and may not be cited except as provided in ORAP 10.30(1).

IN THE COURT OF APPEALS OF THE STATE OF OREGON Jill BONG, Plaintiff-Appellant, v. OREGON DEPARTMENT OF JUSTICE and Oregon Attorney General, Defendants-Respondents.

Douglas County Circuit Court 23CV45434; A185121 Jason R. Thomas, Judge.

Submitted May 12, 2025.

Jill Bong filed the briefs pro se.

Ellen F. Rosenblum, Attorney General, Benjamin Gutman, Solicitor General, and Denise G. Fjordbeck, Assistant Attorney General, filed the brief for respondents.

Before Aoyagi, Presiding Judge, Egan, Judge, and Joyce, Judge.

AOYAGI, P. J.

Affirmed.

284 Bong v. Dept. of Justice AOYAGI, P. J.

In March 2023, petitioner filed a federal action that included claims against the former governor of Oregon and the former director of the Oregon Health Authority (OHA) in their individual and official capacities. A senior assistant attorney general (AAG) from the Oregon Department of Justice (DOJ) appeared on behalf of the former governor and the former OHA director in both their individual and official capacities.

Petitioner challenged the AAG’s authority to appear for the defendants in their individual capacities. The federal court rejected that challenge. Petitioner then filed this state court action against the Oregon Attorney General and the DOJ, challenging their authority to defend former or current state officials, officers, or employees in their personal capacities in specified circumstances. The circuit court held a stipulated facts trial and ultimately dismissed the case on two grounds: (1) that petitioner lacked standing to object to what lawyer rep- resents her opponents in court, for reasons detailed at length in the court’s letter opinion, and (2) that any complaint about the qualifications or status of another party’s lawyer should be directed to the court in which that lawyer is appearing— here, to the federal court, which had already rejected petition- er’s challenge to the AAG’s representation—rather than being raised in a separate action in a different court.

On appeal, petitioner contends that the circuit court erred in dismissing her state court action. In five assign- ments of error, she challenges the court’s ruling, arguing that she has standing, that the court misframed the issue, that the court improperly resurrected a waived claim-splitting defense, that the court’s second basis for dismissal was wrong, and that the court had authority to issue an injunc- tion in this case. The state responds that the circuit court properly dismissed the case, because petitioner met none of the elements of standing, and because the circuit court could not be required to direct proceedings in a federal dis- trict court as petitioner sought.

Having reviewed the record and considered the parties’ arguments, we agree with the state that the trial court did not err in dismissing the action. Petitioner failed Nonprecedential Memo Op: 341 Or App 283 (2025) 285 to establish standing, which is dispositive. Accordingly, we affirm.

Affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.