Oregon Chapter 3
Chapter 3 — Circuit Courts GenerallyDownload Full 2005 Oregon Revised Statutes (coming soon!)
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Chapter 3 — Circuit
Courts Generally
2007 EDITION
CIRCUIT COURTS GENERALLY
COURTS OF RECORD; COURT OFFICERS; JURIES
JUDICIAL DISTRICTS, JUDGES AND JURISDICTION
3.012 Judicial
districts
3.013 State
as single judicial district
3.014 Special
provisions for fourth judicial district (
3.016 Special
provisions for sixth judicial district (Morrow and
3.030 Election
of circuit judges
3.041 Qualifications
of circuit judges; residence
3.050 Circuit
judges to be members of bar
3.060 Salary
of judges; expenses
3.070 Powers
of judges in chambers; filing and entering of decisions not signed in open
court
3.075 Powers
of judges to act in joint or separate session; testing process
3.130 Transfer
of judicial jurisdiction of certain county courts to circuit courts
3.132 Concurrent
jurisdiction with justice and municipal courts
3.134 Application
of state statutes to municipal ordinance
3.136 Jurisdiction
over violations of
3.185 Habeas
corpus hearings by Circuit Court for
3.220 Rules;
procedure when judges disagree
3.225 Establishing
specialized subject-matter departments; approval by Chief Justice; eligibility
and assignment of judges
CIRCUIT COURT TERMS
3.232 Types
of terms
3.235 Regular
terms; minimum number required in certain districts
3.238 Power
or duty to call special terms; procedure
JURISDICTION OVER JUVENILE AND FAMILY-RELATED
MATTERS
3.250 Definitions
for ORS 3.250 to 3.280
3.255 Policy
and intent
3.260 Juvenile
jurisdiction vested in circuit courts; authority for transfer of jurisdiction
over family-related matters to circuit courts
3.265 Limits
on transfer of juvenile jurisdiction
3.270 Transfer
of juvenile jurisdiction and jurisdiction over family-related matters to
circuit courts
3.275 Procedure
for transfer of jurisdiction over certain family-related matters
3.280 Court
services for circuit courts
PANEL OF REFERENCE JUDGES
3.300 Establishment
and termination of panel for disposition of civil actions in circuit court;
eligibility for panel; limitation on powers
3.305 Request
for referral of action to reference judge; selection of reference judge;
revocation of referral
3.311 Delivery
of order to reference judge; notice of time and place of trial; procedure;
witnesses
3.315 Proposed
report of reference judge; objections; final report; filings with clerk; entry
of report as judgment of court
3.321 Compensation
of reference judge; payment procedure
FAMILY LAW
(
3.405 Application
to establish family court department; assignment of judges; authority of judges
3.408 Matters
assignable to family court department
3.412 Chief
family court judge
3.414 Assignment
of matters relating to same child
3.417 Coordination
of services
3.420 Abolishment
of family court department
3.423 Family
court department rules
3.425 Family
law education programs
(Family Law Facilitation Programs)
3.428 Family
law facilitation programs
(Family Court Advocate Programs)
3.430 Family
court advocate programs; goals; duties
3.432 Judicial
education program on establishment and management of family court departments
(Coordination of Services to Families in
Family Law Cases)
3.434 Adoption
of coordination plan for services; local family law advisory committees; plan
contents
3.436 Appointment
of statewide family law advisory committee
3.438 Duties
of State Court Administrator
3.440 Family
Law Account
DRUG COURT PROGRAMS
3.450 Drug
court programs; fees; records
3.010 [Amended by 1957 c.713 §3; repealed by 1961 c.724 §34]
JUDICIAL DISTRICTS, JUDGES AND JURISDICTION
3.011 [1961 c.724 §1; 1963 c.491 §1; 1965 c.510 §1;
1965 c.618 §1; 1967 c.532 §1; 1967 c.533 §1; 1969 c.370 §1; 1971 c.640 §1; 1971
c.777 §1; 1973 c.572 §1; 1975 c.629 §1; 1977 c.386 §1; 1979 c.568 §14; 1981
c.215 §2; 1981 c.759 §1; 1985 c.65 §1; 1985 c.274 §1; 1985 c.311 §1; 1987 c.359
§1; 1989 c.1021 §1; 1991 c.298 §1; 1995 c.658 §§6,142,143a,144; repealed by
1997 c.801 §1 (3.012 enacted in lieu of 3.011)]
3.012
Judicial districts. (1) The
judicial districts, the counties constituting the judicial districts and the
number of circuit court judges for each judicial district are as follows:
(a) The first judicial district consists
of
(b) The second judicial district consists
of
(c) The third judicial district consists
of
(d) The fourth judicial district consists
of
(e) The fifth judicial district consists
of
(f) The sixth judicial district consists
of the counties of Morrow and Umatilla and has five judges.
(g) The seventh judicial district consists
of the counties of Gilliam,
(h) The eighth judicial district consists
of
(i) The ninth judicial district consists
of
(j) The tenth judicial district consists
of the counties of
(k) The eleventh judicial district
consists of
(L) The twelfth judicial district consists
of
(m) The thirteenth judicial district
consists of
(n) The fourteenth judicial district
consists of
(o) The fifteenth judicial district
consists of the counties of Coos and Curry and has six judges.
(p) The sixteenth judicial district
consists of
(q) The seventeenth judicial district
consists of
(r) The eighteenth judicial district
consists of
(s) The nineteenth judicial district
consists of
(t) The twentieth judicial district
consists of
(u) The twenty-first judicial district
consists of
(v) The twenty-second judicial district
consists of the counties of Crook and Jefferson and has three judges.
(w) The twenty-third judicial district
consists of
(x) The twenty-fourth judicial district
consists of the counties of Grant and Harney and has one judge.
(y) The twenty-fifth judicial district
consists of
(z) The twenty-sixth judicial district
consists of
(aa) The twenty-seventh judicial district
consists of
(2) The Secretary of State shall designate
position numbers equal to the number of judges in each of the judicial
districts established by this section. The positions shall reflect any
qualifications established by ORS 3.041. [1997 c.801 §2 (enacted in lieu of
3.011); 1997 c.801 §2a; 2001 c.779 §1; 2001 c.823 §1; 2005 c.800 §1]
3.013
State as single judicial district. For the purposes of 15 U.S.C. 1692i, the state shall be considered a
single judicial district. [1997 c.340 §7]
3.014
Special provisions for fourth judicial district (
(2) A proceeding to be conducted in
Gresham as provided in subsection (1) of this section shall be transferred
without further order of the court to a court facility in
(a) The accused person is in the custody
of a county sheriff or the Department of Corrections at the time set for any
scheduled proceeding; or
(b) A circuit court in the fourth judicial
district issues a bench warrant or a warrant of arrest against the accused for
any criminal action pending before the court.
(3)
3.015 [1961 c.724 §32; repealed by 1965 c.510 §24
and 1965 c.618 §11]
3.016
Special provisions for sixth judicial district (Morrow and
3.020 [Amended by 1955 c.677 §2; 1957 c.665 §2;
1957 c.713 §4; repealed by 1959 c.557 §1 (3.022 enacted in lieu of 3.020)]
3.021 [1953 c.52 §§1,2,3; repealed by 1955 c.677 §6]
3.022 [1959 c.557 §2 (enacted in lieu of 3.020);
repealed by 1961 c.724 §34]
3.030
Election of circuit judges.
Each circuit judge shall hold office for the term for which the circuit judge
was elected; and at the general election or, if applicable, at the election
specified in ORS 249.088 next prior to the expiration of the term of office
there shall be elected a circuit judge to succeed the circuit judge. [Amended
by 1991 c.719 §1]
3.040 [Amended by 1955 c.677 §3; 1957 c.665 §4;
1957 c.713 §5; repealed by 1961 c.724 §34]
3.041
Qualifications of circuit judges; residence. (1) Each judge of the circuit court shall be a citizen of the
(2) Each judge of the circuit court shall
be a resident of or have principal office in the judicial district for which
the judge is elected or appointed, except that in any judicial district having
a population of 500,000 or more, according to the latest federal decennial
census, any judge of the circuit court may reside within 10 miles of the
boundary of the judicial district.
(3) In the seventh judicial district, two
of the judges of the circuit court shall be residents of or have principal
offices in
(4) In the fifteenth judicial district,
four of the judges of the circuit court shall be residents of or have principal
offices in
(5) The residence within this state
required by subsection (1) of this section shall have been maintained for at
least three years, and the residence or principal office required by
subsections (2) to (4) of this section shall have been maintained for at least
one year, immediately prior to appointment or becoming a candidate for election
to the office of circuit court judge. [1961 c.724 §2; 1963 c.491 §6; 1965 c.510
§2; 1965 c.618 §4; 1967 c.532 §3; 1967 c.533 §7; 1971 c.777 §2; 1973 c.572 §2;
1977 c.386 §4; 1979 c.568 §15; 1981 c.759 §8; 1985 c.65 §2; 1985 c.311 §3; 1995
c.79 §3; 1995 c.658 §6a; 1997 c.801 §6; 2001 c.779 §2]
3.050
Circuit judges to be members of bar. No person is eligible to the office of judge of the circuit court
unless the person is a member of the Oregon State Bar. [Amended by 1961 c.724 §3]
3.060
Salary of judges; expenses.
Each of the judges of the circuit court shall receive such salary as is
provided by law. When any judicial district is composed of more than one county
a judge thereof is entitled to reimbursement for hotel bills and traveling
expenses necessarily incurred by the judge in the performance of duties outside
the county of residence. When any circuit judge holds court in any county
outside of the judicial district for which the circuit judge was elected or
appointed, hotel bills and traveling expenses necessarily incurred by the judge
in the performance of that duty shall be paid by the state. Such hotel bills
and traveling expenses are to be paid by the state upon the certificate of the
judge to the truth of an itemized statement of such hotel bills and traveling
expenses. The certificate of expenses is a sufficient voucher upon which the
Oregon Department of Administrative Services shall review the claim as required
by ORS 293.295 and draw its warrant upon the State Treasurer for the amount
thereof in favor of such circuit judge. [Amended by 1953 c.516 §3; 1955 c.531 §1;
1957 c.646 §1; 1959 c.552 §14; 1961 c.702 §2; 1965 c.171 §1; 1965 c.619 §1;
1967 c.38 §1; 1967 c.111 §1; 1969 c.365 §1; 1971 c.95 §2; 1971 c.642 §1]
3.065 [1967 c.531 §1; 1981 s.s. c.1 §8; repealed
by 1995 c.781 §51]
3.070
Powers of judges in chambers; filing and entering of decisions not signed in
open court. Any judge of a
circuit court in any judicial district may, in chambers, grant and sign
defaults, judgments, interlocutory orders and provisional remedies, make
findings and decide motions, demurrers and other like matters relating to any
judicial business coming before the judge from any judicial district in which
the judge has presided in such matters. The judge may hear, in chambers,
contested motions, demurrers and other similar matters pending within the
judicial district, at any location designated under ORS 1.085. Upon stipulation
of counsel, the judge may try and determine any issue in equity or in law where
a jury has been waived and hear and decide motions, demurrers and other like
matters, in chambers, at any location in the state where the judge may happen
to be, relating to any judicial business coming before the judge from any
judicial district in which the judge has presided in such matters. The judge
may exercise these powers as fully and effectively as though the motions,
demurrers, matters or issues were granted, ordered, decided, heard and
determined in open court in the county where they may be pending. If signed
other than in open court, all such orders, findings and judgments issued,
granted or rendered, other than orders not required to be filed and entered
with the clerk before becoming effective, shall be transmitted by the judge to
the clerk of the court within the county where the matters are pending. They
shall be filed and entered upon receipt thereof and shall become effective from
the date of entry in the register. [Amended by 1983 c.763 §5; 1991 c.111 §1;
2003 c.576 §269; 2007 c.547 §9]
3.075
Powers of judges to act in joint or separate session; testing process. If two or more persons are sitting as judges
of the circuit court in a judicial district:
(1) Any two or more of them may act in
joint session for the trial or determination of any cause, matter or proceeding
before the court in the judicial district, including jury cases. If the judges
acting in joint session are equally divided in opinion, the opinion of the
presiding judge prevails; otherwise the decision of the majority prevails.
(2) Each of them may proceed separately
with and try, simultaneously in the judicial district and during the same term,
all causes, matters and proceedings brought before the court.
(3) Process may be tested in the name of
any of them. [1959 c.552 §9; 1995 c.781 §6]
3.080 [Repealed by 1959 c.552 §16]
3.081 [1959 c.552 §5; repealed by 1975 c.706 §10]
3.090 [Repealed by 1959 c.552 §16]
3.091 [1959 c.552 §6; repealed by 1975 c.706 §10]
3.096 [1959 c.552 §7; repealed by 1975 c.706 §10]
3.100 [Repealed by 1959 c.552 §16]
3.101 [1961 c.405 §1; 1969 c.591 §263; repealed by
1995 c.658 §127]
3.102 [Formerly 3.110; 1959 c.576 §1; renumbered
3.570]
3.105 [1953 c.35 §1; repealed by 1959 c.549 §7]
3.106 [1953 c.35 §2; repealed by 1959 c.549 §7]
3.107 [1953 c.35 §3; repealed by 1959 c.549 §7]
3.108 [1953 c.35 §4; repealed by 1959 c.549 §7]
3.109 [1953 c.35 §5; repealed by 1959 c.549 §7]
3.110 [Renumbered 3.102 and then 3.570]
3.111 [1953 c.35 §6; repealed by 1959 c.549 §7]
3.112 [1953 c.35 §9; repealed by 1959 c.549 §7]
3.113 [1953 c.35 §7; repealed by 1959 c.549 §7]
3.114 [1953 c.35 §8; repealed by 1959 c.549 §7]
3.115 [1953 c.35 §10; repealed by 1959 c.549 §7]
3.120 [Repealed by 1959 c.552 §16]
3.130
Transfer of judicial jurisdiction of certain county courts to circuit courts. (1) All judicial jurisdiction, authority,
powers, functions and duties of the county courts and the judges thereof,
except the jurisdiction, authority, powers, functions and duties exercisable in
the transaction of county business, are transferred to the circuit courts and
the judges thereof:
(a) In Baker, Clackamas,
(b) In any county for which a county
charter providing for such transfer is adopted under ORS 203.710 to 203.770, to
the extent that the judicial jurisdiction, authority, powers, functions and
duties were not previously transferred as provided by law.
(2) All matters, causes and proceedings
relating to judicial jurisdiction, authority, powers, functions and duties
transferred to the circuit courts and the judges thereof under this section,
and pending in a county court on the effective date of the transfer, are
transferred to the circuit court for the county. [Amended by 1955 c.677 §4;
1957 c.275 §1; 1957 c.713 §6; 1961 c.724 §4; 1963 c.512 §1; 1965 c.247 §1; 1965
c.510 §3; 1965 c.618 §5; 1967 c.268 §1; 1967 c.533 §8; 1967 c.534 §9; 1969
c.286 §1; 1969 c.591 §264]
3.132
Concurrent jurisdiction with justice and municipal courts. In addition to other cases over which they
have jurisdiction, circuit courts shall have the same criminal and
quasi-criminal jurisdiction as justice courts and shall have concurrent
jurisdiction with municipal courts of all violations of the charter and
ordinances of any city wholly or in part within their respective judicial
districts committed or triable within the counties in the judicial district. [Formerly
46.040]
3.134
Application of state statutes to municipal ordinance. When an offense defined by municipal
ordinance is tried in circuit court, it shall be subject to the same statutes
and procedures that govern the trial and appeal of a like offense defined by a
statute of this state. [Formerly 46.047]
3.135 [1961 c.724 §5; repealed by 1965 c.510 §24]
3.136
Jurisdiction over violations of
(2) All fees, fines, security deposit forfeitures
and other moneys collected and received by a circuit court in matters, causes
and proceedings with respect to all violations over which such circuit court is
granted judicial jurisdiction by subsection (1) of this section shall be
collected, handled and disposed of by the clerk of such circuit court as
otherwise provided by law for moneys collected and received by such circuit
court.
(3) Subsection (1) of this section does
not preclude the city from employing one or more quasi-judicial hearings officers
empowered to hold hearings concerning violations of the charter, ordinances,
rules and regulations of the city, to adopt rules and regulations relating to
the conduct of the hearings process and to impose civil penalties and grant
other relief as may be necessary to enforce and obtain compliance with the
charter, ordinances, rules and regulations of the city. The jurisdiction and
authority of a hearings officer shall not include any traffic or parking
offense. The city may enforce any order of a hearings officer by a civil action
in a court of appropriate jurisdiction. [Formerly 46.045; 1999 c.1051 §235]
3.140 [Amended by 1965 c.510 §4; repealed by 1969
c.591 §305]
3.150 [Amended by 1957 s.s. c.8 §1; 1961 c.724 §6;
1965 c.510 §5; 1979 c.77 §1; repealed by 1983 c.673 §26]
3.160 [Amended by 1957 s.s. c.8 §2; 1959 c.557 §3;
1961 c.724 §7; 1965 c.510 §6; repealed by 1981 c.215 §8]
3.165 [1961 c.724 §8; repealed by 1965 c.510 §24]
3.170 [Amended by 1965 c.510 §7; repealed by 1981
c.215 §8]
3.180 [1965 c.618 §7; 1967 c.533 §9; repealed by
1969 c.591 §305]
3.185
Habeas corpus hearings by Circuit Court for
(2) When a court is held at a location
directed as provided by subsection (1) of this section, every person held or
required to appear at the court shall appear at the location so directed. [1975
c.236 §1; 1983 c.763 §6; 2007 c.547 §10]
3.210 [Amended by 1955 c.677 §5; 1957 c.665 §3;
1957 c.713 §8; 1959 c.557 §4; repealed by 1961 c.724 §34]
3.220
Rules; procedure when judges disagree. (1) A circuit court may make and enforce all rules necessary for the
prompt and orderly dispatch of the business of the court and not inconsistent
with applicable provisions of law, the Oregon Rules of Civil Procedure or rules
made or orders issued by the Chief Justice of the Supreme Court or the
presiding judge for the judicial district. If a majority of the judges of the
court in a judicial district having two or more circuit court judges do not agree
in respect to the making of rules under this subsection, the decision of the
presiding judge shall control.
(2)(a) A certified copy of a rule referred
to in subsection (1) of this section made or in effect before January 1, 1984,
shall be filed in the office of the State Court Administrator not later than
January 1, 1984. If a copy of a rule is not so filed, the rule is void.
(b) A certified copy of a rule referred to
in subsection (1) of this section made or amended on or after January 1, 1984,
shall be filed in the office of the State Court Administrator. No rule or
amendment shall be effective unless so filed, and no rule or amendment so filed
shall become effective before the 30th day after the date of filing.
(c) The State Court Administrator shall
maintain the copies of all rules filed pursuant to this subsection, and shall
keep a record of the date of filing thereof. The administrator shall, upon
request, supply copies of the rules, and may charge a reasonable fee for such
copies in order to recover the cost of compilation, copying and distribution of
the rules. [Subsection (2) of 1955 part derived from 1953 c.52 §§6,7; 1957
c.713 §9; 1961 c.724 §9; 1967 c.531 §2; 1973 c.484 §3; 1981 c.215 §4; 1981 s.s.
c.1 §9; 1983 c.763 §31; 1995 c.781 §7]
3.225
Establishing specialized subject-matter departments; approval by Chief Justice;
eligibility and assignment of judges. Subject to the approval of the Chief Justice of the Supreme Court, a
circuit court, by rule under ORS 3.220, may establish specialized
subject-matter departments of the court, and may modify or abolish departments
so established. Any judge of the court may act in any department so established
or modified by rule. The presiding judge for the judicial district may assign
any judge of the court to act in any department so established or modified by
rule. [1981 c.215 §1; 1995 c.781 §8]
3.227 [1987 c.714 §4; repealed by 1995 c.658 §127]
3.229 [1987 c.714 §5; 1995 c.781 §9; repealed by
1995 c.658 §127]
3.230 [Subsection (3) of 1957 part derived from
1953 c.52 §6; 1957 c.713 §10; 1957 s.s. c.8 §3; repealed by 1959 c.552 §16]
CIRCUIT COURT
TERMS
3.232
Types of terms. The terms of
the circuit courts are either those appointed by law, or others appointed by a
judge of the court. [Formerly 4.010]
3.235
Regular terms; minimum number required in certain districts. (1) The regular terms of the circuit court
in the several districts of the state shall be held at times designated by
order of the presiding circuit judge of the court. The order shall be made and
entered of record each year, and may be amended by making and entering of
record further orders.
(2) Notwithstanding subsection (1) of this
section, in districts which are comprised of more than one county, the court
shall designate sufficient regular terms in each county within the district to
conduct those matters which arise from that county. In no event shall there be
less than two terms per year in each such county. [Formerly 4.105]
3.238
Power or duty to call special terms; procedure. (1) When a term of court is appointed by a
judge it shall be done by a general order made and entered of record during
term time, or by a special order made and filed in vacation for the trial of a
particular cause or the transaction of certain business specified in the
special order, a certified copy of which special order shall be served on the
parties to the cause or business 10 days prior to such term. In the former
case, at the term so appointed, any business may be transacted that could be
transacted during a regular term, but in the latter case only such as is
specified in the order.
(2) Any circuit court judge of the third,
seventeenth, nineteenth or twenty-first judicial district may, by order entered
of record, convene special terms of court between regular terms, for the trial
of actions, suits or other judicial proceedings, and may summon juries for such
special terms.
(3) The judge of the circuit court for
Gilliam, Grant, Sherman and Wheeler Counties shall convene a sufficient number
of special or adjourned terms of court in the county to speedily adjudicate all
equity cases and other matters which may arise between regular terms, and shall
also convene special jury terms when necessary. [Formerly 4.410; 1985 c.540 §20]
3.240 [Amended by 1957 c.713 §11; repealed by 1961
c.724 §34]
JURISDICTION
OVER JUVENILE AND FAMILY-RELATED MATTERS
3.250
Definitions for ORS 3.250 to 3.280. As used in ORS 3.250 to 3.280, unless the context requires otherwise:
(1) “Child” means a person under 18 years
of age.
(2) “Court services” includes but is not
limited to services and facilities relating to intake screening, juvenile
detention, shelter care, investigations, study and recommendations on
disposition of cases, probation on matters within the jurisdiction of the court
under ORS 3.260, family counseling, conciliation in domestic relations, group
homes, and psychological or psychiatric or medical consultation and services
provided at the request of or under the direction of the court, whether
performed by employees of the court, by other government agencies or by
contract or other arrangement. [1967 c.534 §1; 1987 c.158 §2; 1987 c.320 §12;
2001 c.904 §10; 2001 c.905 §10]
3.255
Policy and intent. It is
declared to be the policy and intent of the Legislative Assembly:
(1) Notwithstanding concurrent
jurisdiction, that family and family-related matters before the courts be
concentrated in a single judicial jurisdiction, the circuit court.
(2) The judges of the circuit court need
adequate court services to assist them in exercising jurisdiction over the
family and family-related matters. [1967 c.534 §2]
3.260
Juvenile jurisdiction vested in circuit courts; authority for transfer of
jurisdiction over family-related matters to circuit courts. (1) The circuit courts and the judges
thereof shall exercise all juvenile court jurisdiction, authority, powers,
functions and duties.
(2) Pursuant to ORS 3.275, in addition to
any other jurisdiction vested in it by law, the circuit court shall exercise
exclusive and original judicial jurisdiction, authority, powers, functions, and
duties in the judicial district in any or all of the following matters that on
the date specified in the order entered under ORS 3.275 are not within the
jurisdiction of the circuit court:
(a) Adoption.
(b) Change of name under ORS 33.410.
(c) Filiation.
(d) Commitment of persons with mental
illness or mental retardation.
(e) Any suit or civil proceeding involving
custody or other disposition of a child or the support thereof or the support
of a spouse, including enforcement of the Uniform Reciprocal Enforcement of
Support Act and enforcement of out-of-state or foreign judgments and decrees on
domestic relations.
(f) Waivers of the three-day waiting
period before a marriage license becomes effective under ORS 106.077.
(g) Issuance of delayed birth certificate.
[1967 c.534 §3; 1979 c.724 §1; 2003 c.576 §270; 2007 c.70 §2]
3.265
Limits on transfer of juvenile jurisdiction. (1) Notwithstanding ORS 3.260, no transfer of jurisdiction required by
ORS 3.260 (1) shall occur in the following counties until the county court
approves such transfer either as of July 1, 1968, or thereafter:
(a) Gilliam,
(b) Any county that as of July 1, 1968,
has a population of less than 11,000 and in which the judge of the circuit
court does not reside.
(2) Notwithstanding the limitation on
transfer of juvenile jurisdiction in subsection (1) of this section, the
circuit court in the judicial district shall exercise exclusive and original
judicial jurisdiction, authority, powers, functions and duties in all
proceedings under ORS 419B.500 to 419B.508 filed after October 3, 1989. [1967
c.534 §3a; 1989 c.531 §1; 1993 c.33 §272; 1995 c.658 §13]
3.270
Transfer of juvenile jurisdiction and jurisdiction over family-related matters
to circuit courts. (1) All
judicial jurisdiction, authority, powers and duties of the county courts and
the judges thereof over matters described in ORS 3.260 (1), are transferred to
the circuit courts and the judges thereof.
(2) All judicial jurisdiction, authority,
powers and duties of the county courts and justice courts and the judges
thereof over matters described in ORS 3.260 (2) or so much thereof as may be
ordered under ORS 3.275, in so far as such jurisdiction, authority, powers,
functions and duties are exercised by such courts and the judges thereof on the
date specified in the order entered under ORS 3.275, are transferred to the
circuit courts and the judges thereof by which the order was entered.
(3) All matters, causes and proceedings
relating to jurisdiction, authority, powers, functions and duties transferred
to the circuit court and the judges thereof under either subsection (1) or (2)
of this section and pending in the county or justice court on the effective
date of the transfer, are transferred to the circuit court for the county.
(4) Appeals pending in a circuit court
under ORS 179.650 (1987 Replacement Part), 419.561 (1991 Edition) or 419.A.200
immediately before the date specified in the order entered under ORS 3.275
shall be conducted and completed pursuant to the provisions of law in effect
immediately before that date, except that the circuit court shall be considered
to be the court appealed from in so far as further disposition of the case is
concerned. [1967 c.534 §4; 1989 c.348 §13; 1993 c.33 §273; 1993 c.717 §3; 1995
c.658 §14]
3.275
Procedure for transfer of jurisdiction over certain family-related matters. (1) After making a determination that
conditions in the judicial district make it desirable to concentrate
jurisdiction over all or part of family and family-related matters in the
circuit court, the circuit court by its own order shall exercise jurisdiction
over any or all of the matters described in ORS 3.260 (2) on and after July 1
next following entry of the order.
(2) Any circuit court that enters an order
pursuant to this section shall cause copies of the order to be filed with the
Oregon Supreme Court and with the county or justice court whose jurisdiction is
affected by the order. [1967 c.534 §5; 1995 c.658 §16]
3.280
Court services for circuit courts. (1) The circuit court may obtain court services by using services
available without charge or, with the prior approval of the governing body of
each county in the judicial district, by:
(a) Employing or contracting for personnel
or services; or
(b) Contracting or entering into
agreements with public or private agencies or with private firms or
individuals, or any of them.
(2) Court services obtained under subsection
(1) of this section shall be subject to the supervision of the circuit court.
(3) The compensation and expenses of
personnel performing or providing court services and the expenses of providing
court services shall be determined by the circuit court and shall be subject to
the approval of and be paid by the county or counties making up the judicial
district, subject to the Local Budget Law. For purposes of retirement benefits,
personnel employed by the court may be considered county employees. Personnel
performing or providing court services are not state employees, and their
compensation and expenses shall not be paid by the state. [1967 c.534 §6; 1981
s.s. c.3 §22]
PANEL OF
REFERENCE JUDGES
3.300
Establishment and termination of panel for disposition of civil actions in
circuit court; eligibility for panel; limitation on powers. (1) Subject to the approval of the Chief
Justice of the Supreme Court, the presiding judge for a judicial district may
establish, and may terminate, the use of a panel of reference judges for the
trial and disposition of civil actions in the circuit court under ORS 3.300 to
3.321.
(2) The Supreme Court, upon motion of the
Chief Justice and the presiding judge may appoint any eligible person as a
reference judge on the panel established under this section. A person is
eligible for appointment as a reference judge if the person is a member in good
standing of the Oregon State Bar. An eligible person need not reside within the
judicial district for which use of the panel is established.
(3) A person appointed as a reference judge on a panel may be removed from the panel by the Chief Justice or the presiding judge for the judicial dis