FILED: December 24, 2009

IN THE SUPREME COURT OF THE STATE OF OREGON

STEVEN C. BERMAN,

Petitioner,

v.

JOHN KROGER,
Attorney General,
State of Oregon,

Respondent.

(SC S057817)

En Banc

On petition to review ballot title filed September 23, 2009; considered and under advisement on December 2, 2009.

Thomas K. Doyle, Bennett, Hartman, Morris & Kaplan, LLP, Portland, filed the petition and the reply memorandum for petitioner.

Paul L. Smith, Assistant Attorney-in-Charge, Salem, filed the answering memorandum for respondent.  With him on the answering memorandum were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

WALTERS, J.

The ballot title is referred to the Attorney General for modification.

WALTERS, J.

This ballot title review proceeding brought under ORS 250.085(2) concerns the Attorney General's certified ballot title for Initiative Petition 55 (2010).