Oregon Appeals Court Judge Anna Joyce Faces Ethics Questions in PacifiCorp Wildfire Ruling

On Monday, May 4, 2026, the Oregon Journalism Project reported that Oregon Court of Appeals Judge Anna Joyce, who previously represented PacifiCorp as a private attorney, sided with the utility giant in a landmark wildfire case brought by thousands of rural Oregonians affected by the 2020 Labor Day wildfires. Joyce led a three-judge panel that overturned lower court judgments against PacifiCorp on April 8, potentially saving the electric utility billions of dollars in wildfire victim compensation.

Joyce’s prior representation of PacifiCorp for six years before her 2022 appointment to the bench has raised questions about judicial ethics. According to Oregon’s Code of Judicial Conduct, a judge should disqualify themselves from any proceeding in which their impartiality could be questioned. Experts consulted by OJP suggest that Joyce should have disclosed her connection to PacifiCorp and recused herself from the case. James Alfini, a retired law professor and school dean, stated that there is no question that she should have recused herself. Alfini co-authored Judicial Conduct and Ethics, a book required at many law schools, and believes that Joyce’s role is grounds for appeal.

The concern is that a judge might favor a former client. While it cannot be definitively determined if a judge acted with bias, the rules are designed to eliminate any doubt. Judges can sometimes comply with the rule by disclosing the conflict, provided all parties agree that disqualification is unnecessary.

Both Joyce and officials at the Oregon Judicial Department declined to comment. However, the department issued a written statement noting that judges must participate in assigned cases unless disqualified, and all judges routinely consider potential conflicts of interest.

The 2020 Labor Day wildfires, fueled by east winds, devastated PacifiCorp’s service area. Fire victims and representatives of seven individuals who died in the Santiam Canyon filed liability lawsuits against the utility. The attorneys for the victims alleged that PacifiCorp failed to turn off power lines despite forecasts indicating the potential for fires, while PacifiCorp contended that the claims were exaggerated. Many of the cases were consolidated into a class action suit in Multnomah County Circuit Court. In June 2023, a jury found PacifiCorp grossly negligent and reckless in a trial involving 16 plaintiffs. According to the plaintiffs’ attorneys, between 3,000 and 4,000 fire victims are awaiting their day in court.

PacifiCorp, a part of Warren Buffett’s Berkshire Hathaway conglomerate, has required each plaintiff to undergo a damages trial to determine the extent of their losses. Juries have awarded $1.22 billion to individual plaintiffs, averaging $6 million each. In April 2025, the utility filed an appeal, arguing that the class action designation was improper.

In her opinion, Joyce sided with PacifiCorp, agreeing that Multnomah County Circuit Judge Steffan Alexander’s instructions to the jury were flawed. Joyce stated that Alexander’s instruction, which allowed jury members to assume that evidence applied to all class members, was “erroneous” given the four different fires and circumstances.

The appeals court has sent the case back to the circuit court for reconsideration. Attorneys representing clients in PacifiCorp lawsuits stated that they would seek immediate review from the Oregon Supreme Court but declined to comment on whether Joyce should have recused herself.

Chris Grom, whose home burned in the Labor Day fires, expressed frustration, stating, “These people have tons of money. To them, we’re nothing”.

The PacifiCorp wildfire lawsuit is considered one of the most significant legal battles in recent Oregon history, with the potential liability for the 2020 fires threatening the financial stability of one of Oregon’s largest electric utilities. PacifiCorp disclosed last November that it faced a substantial cash crunch due to wildfire costs, potentially leading to bankruptcy. The utility has raised electricity rates for seven consecutive years and sold off assets to raise nearly $3 billion in cash.

From 2013 to 2015, Anna Joyce served as solicitor general of the Oregon Department of Justice, handling high-level appeals and constitutional litigation. In 2015, she joined Markowitz Herbold, leading the firm’s appellate practice and energy and utility group, and became a managing shareholder by 2020.

PacifiCorp has paid out approximately $2.2 billion in wildfire settlements to more than 4,500 people who did not join the class action.