His appointment on January 4, 1994, made him the 91st justice since Oregon became a territory in 1848. Durham was then elected to a full six-year term in 1994 and re-elected in 2000 and 2006. He did not seek re-election in 2012. While on the court Durham served as a member of the Oregon Rules of Appellate Procedure Committee from 1994–2001, president of the Oregon Appellate Judges Association from 1996–1997, and twice as chairperson of the Oregon Supreme Court Committee on Judicial Rule 4 (1995-1996 & 2002-2005).