Rachel Philips

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Rachel Philips
Image of Rachel Philips
Elections and appointments
Last election

November 5, 2024

Education

High school

New Orleans Center for Creative Arts

Bachelor's

College of Santa Fe, 1989

Law

Lewis and Clark College of Law, 2005

Personal
Birthplace
New Orleans, La.
Profession
Attorney
Contact

Rachel Philips ran in a special election for the Position 38 judge of the Oregon 4th Judicial District Circuit Court. She lost in the special general election on November 5, 2024.

Philips completed Ballotpedia's Candidate Connection survey in 2024. Click here to read the survey answers.

Biography

Rachel Philips was born in New Orleans, Louisiana. She earned a high school diploma from the New Orleans Center for Creative Arts, a bachelor's degree from the College of Santa Fe in 1989, and a law degree from the Lewis and Clark College of Law in 2005. Her career experience includes working as an attorney. Philips began serving as an animal hearings officer for Multnomah County in 2022.[1]

Elections

2024

See also: Municipal elections in Multnomah County, Oregon (2024)

General election

Special general election for Oregon 4th Judicial District Circuit Courts Position 38

Jeff Auxier defeated Rachel Philips, Jennifer Myrick, Tom Dwyer, and John Schlosser in the special general election for Oregon 4th Judicial District Circuit Courts Position 38 on November 5, 2024.

Candidate
%
Votes
Image of Jeff Auxier
Jeff Auxier (Nonpartisan) Candidate Connection
 
42.2
 
110,776
Image of Rachel Philips
Rachel Philips (Nonpartisan) Candidate Connection
 
24.5
 
64,244
Image of Jennifer Myrick
Jennifer Myrick (Nonpartisan)
 
18.4
 
48,458
Tom Dwyer (Nonpartisan)
 
7.1
 
18,598
Image of John Schlosser
John Schlosser (Nonpartisan) Candidate Connection
 
6.5
 
17,075
 Other/Write-in votes
 
1.4
 
3,572

Total votes: 262,723
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Endorsements

To view Philips's endorsements as published by their campaign, click here. Ballotpedia did not identify endorsements for Philips in this election.

Campaign themes

2024

Ballotpedia survey responses

See also: Ballotpedia's Candidate Connection

Candidate Connection

Rachel Philips completed Ballotpedia's Candidate Connection survey in 2024. The survey questions appear in bold and are followed by Philips' responses. Candidates are asked three required questions for this survey, but they may answer additional optional questions as well.

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I have been representing crime victims & individuals accused of crimes ranging from misdemeanor to murder in Oregon since 2005. I’ve been an Animal Hearings Officer for Multnomah County since 2022. I began my career as a staff attorney at Metropolitan Public Defender in downtown Portland & after leaving in 2014, went on to represent clients in nine counties across Oregon. I went to law school after my own experience with the court system when my Mom passed away from cancer. My two older sisters challenged my mother’s will & it took 3 years in civil court to sort out. Even though I had legal representation, it was so painful & frustrating I wanted to become a lawyer to make sure no one else would feel as helpless & overwhelmed as I had been. I have always been driven by a sense of fairness (some of which comes from growing up playing team sports), & that has motivated me to help anyone — most of all victims — navigate their way through the justice system with dignity & a sense they have been listened to. My hope is they land in a place where they can move on with their lives & not be devastated by the experience.
  • I am running for judge because the current crisis in criminal defense has gotten worse in the last 5 years. It's gotten worse because we keep re-electing the same people even though they don't fix the problem. There's no question that one solution is to find a way to resolve cases more efficiently. That's better for victims, & it frees up defense attorneys to take more cases. I testified to the Oregon Legislature in February of 2024 that, “Delay of serious cases has an overwhelmingly horrible impact for crime victims.” I am the only candidate who has consistently advocated for fixing our broken system. Voters should be leery of electing anyone who has been in a position to fix the problem but has failed to do so.
  • I have never been a part of the system. I grew up in modest circumstances, always had to work to get through school, and went to law school at age 36 after personally seeing how badly the system treats people. I have always channeled my anger into making things better for people, and have been highly successful in doing so. Unusual among defense attorneys, I win most of my trials, and when I have not, most of those convictions were reversed on appeal. But most of all, I have settled cases effectively, bringing resolution to victims and defendants alike.
  • My overwhelming motivation has been to help people, and I have fought hard for my clients, whether they are criminal defendants or crime victims. Having that experience as an advocate, as well as an individual who experienced the court system first-hand, uniquely qualifies me for the position of Multnomah County Circuit Court Judge.
The current crisis of over 5,000 unrepresented individuals in our criminal justice system due to the shortage of public defenders is a priority.
In addition to representing crime victims and individuals accused of committing crimes, I have spent time advocating for criminal justice reform. This has included testifying before the Oregon legislature on issues ranging from the public defender shortage, recriminalization of drug possession, discovery policies in criminal cases, and juvenile justice issues. All of this experience uniquely qualifies me for the position of Multnomah County Circuit Court Judge.
Just Mercy: A Story of Justice and Redemption by Bryan Stephenson (There is also a movie based on the book.)

Bryan Stevenson was a young lawyer when he founded the Equal Justice Initiative, a legal practice dedicated to defending those most desperate and in need: the poor, the wrongly condemned, and women and children trapped in the farthest reaches of our criminal justice system. One of his first cases was that of Walter McMillian, a young man who was sentenced to die for a notorious murder he insisted he didn’t commit. The case drew Bryan into a tangle of conspiracy, political machination, and legal brinksmanship—and transformed his understanding of mercy and justice forever.

Just Mercy is at once an unforgettable account of an idealistic, gifted young lawyer’s coming of age, a moving window into the lives of those he has defended, and an inspiring argument for compassion in the pursuit of true justice.
Independence, knowledge of the law and the courage to follow it. Courage is the virtue that makes all other virtues possible. I would cite U.S. District Judge Michael J. McShane’s ruling in the Betschart case as a perfect example. He set forth what too many lawyers and judges know but lack the courage to say out loud: Oregon’s practice of holding indigent people in jail without attorneys was “an embarrassment.” As he said, “Literally, we have suspended the Constitution when it comes to this group.”
I have always been driven by a sense of fairness (some of which comes from growing up playing team sports), and a drive to do the right thing, especially when doing so is challenging and hard.

I am an absolute believer in following the law and the constitution. Adhering to both is the best way to ensure my own personal biases do not creep into my decision-making.
The system needs to prioritize what is important. I would prioritize making victims of crime whole as soon as possible. To make this happen, I would put pressure on both sides to either get to trial or resolve the cases quickly. (Resolving cases is a skill, and young attorneys on both sides often don't understand how to do either.) The sooner cases are resolved, that frees up defense attorneys to take more cases, which gets those cases resolved sooner. What people don't realize is that prosecutors themselves benefit from the lack of defense attorneys. If there is no defense attorney on a case, that means less work for the prosecutor because they can ignore the case (and, by extension, the victim) at the same time they are blaming someone else. Judges used to hold both sides to strict deadlines. We need to do that again.
Judge Michael McShane, Judge Amy Baggio, Judge Eric Bergstrom, Judge Jean Kerr Maurer. I would especially point out Judge McShane, as he started as a public defender at the same place I did (Metropolitan Public Defender), before becoming a Multnomah County Circuit Court judge. He is now chief district judge of the United States District Court for the District of Oregon. All of these judges are excellent settlement judges, they are examples of treating everyone who appears before them with dignity and respect, and have an ability to bring prosecutors, defense attorneys and victims together to resolve cases.
Empathy is absolutely an important quality for a judge. I went to law school after my own experience with the court system when my Mom passed away from cancer. Even though I had legal representation, it was so painful and frustrating I wanted to become a lawyer to make sure no one else would feel as helpless and overwhelmed as I had been. My goal is to help everyone — most of all victims — navigate their way through the justice system with dignity and a sense they have been listened to.
I am running for judge because the current crisis in criminal defense hasn't gotten better in the last five years, and electing the same people isn't working.

I have never been a part of the system. I grew up in modest circumstances, always had to work to get through school, and went to law school at age 36 after personally seeing how badly the system treats people. I have always channeled my anger into making things better for people, and have been highly successful in doing so. Unusual among defense attorneys, I win most of my trials, and when I have not, most of those convictions were reversed on appeal. But most of all, I have settled cases effectively, bringing resolution to victims and defendants alike.

My overwhelming motivation has been to help people, and I have fought hard for my clients, whether they are criminal defendants or crime victims. Having that experience as an advocate, as well as an individual who experienced the court system first-hand, uniquely qualifies me for the position of Multnomah County Circuit Court Judge.
My primary concern is that we have over 5,000 Oregonians facing criminal charges without legal representation. The system needs to prioritize what is important. I would prioritize making victims of crime whole as soon as possible. To make this happen, I would put pressure on both sides to either get to trial or resolve the cases quickly. (Resolving cases is a skill, and young attorneys on both sides often don't understand how to do either.) The sooner cases are resolved, that frees up defense attorneys to take more cases, which gets those cases resolved sooner. What people don't realize is that prosecutors themselves benefit from the lack of defense attorneys. If there is no defense attorney on a case, that means less work for the prosecutor because they can ignore the case (and, by extension, the victim) at the same time they are blaming someone else. Judges used to hold both sides to strict deadlines. We need to do that again.
I have spent the past three years speaking up as whistleblower (along with several other women attorneys) on gender-based pay discrimination and retaliation against women attorneys who worked for the state public defense agency. From an Oregonian profile of me, ""Philips, 58, has spent years fighting for accountability from the Oregon Public Defense Commission, which oversees defenders & their contracts. This year, she was vindicated." A bombshell report showed there'd been retaliation against women attorneys.

In addition to that advocacy, I initiated the DA Discovery Project, which was done as a collaboration with Lewis & Clark Law School, Professor Aliza Kaplan and law students Alexis Fisher and Todd Smith. The DA Discovery Project was a three-year research project on district attorney discovery practices in all 36 counties in Oregon, focusing on how those practices compared with discovery practices in other jurisdictions. This led to testifying before the 2021 Oregon legislature on proposed changes to the discovery statute (Senate Bill 751), which passed without opposition and was signed into law.

This project was important to me because discovery practices can negatively impact criminal defendants and crime victims. For example, if discovery isn't turned over to the defense in a timely fashion, it can lead to further delay of the case, which can negatively impacts defendants due process rights, and delays justice and resolution for crime victims. Another example is if discovery isn't turned over at all, or Brady material isn't disclosed, it can lead to wrongful convictions, reversed convictions, and retrials, all of which cause further harm to defendants and crime victims.

Note: Ballotpedia reserves the right to edit Candidate Connection survey responses. Any edits made by Ballotpedia will be clearly marked with [brackets] for the public. If the candidate disagrees with an edit, he or she may request the full removal of the survey response from Ballotpedia.org. Ballotpedia does not edit or correct typographical errors unless the candidate's campaign requests it.

See also


External links

Footnotes

  1. Information submitted to Ballotpedia through the Candidate Connection survey on October 16, 2024