2007 Oregon Code - Chapter 1 :: TITLE 1
TITLE 1
COURTS OF
RECORD; COURT OFFICERS; JURIES
Chapter
1. Courts and Judicial Officers
Generally
2. Supreme
Court; Court of Appeals
3. Circuit
Courts Generally
5. County
Courts (Judicial Functions)
7. Records
and Files of Courts
8. Court
Officers and District Attorneys
9. Attorneys;
Law Libraries
10. Juries
_______________
Chapter 1 Courts
and Judicial Officers Generally
2007 EDITION
COURTS AND JUDICIAL OFFICERS GENERALLY
COURTS OF RECORD; COURT OFFICERS; JURIES
COURTS
1.001 State
policy for courts
1.002 Supreme
Court; Chief Justice as administrative head of judicial department; rules;
presiding judges as administrative heads of courts
1.003 Chief
Justices powers to appoint Chief Judge and presiding judges; terms;
disapproval of appointment
1.004 Supreme
Court rules governing coordination of class actions
1.005 Credit
card transactions for fees, security deposits, fines and other court-imposed
obligations; rules
1.006 Supreme
Court rules
1.007 Judicial
Department Revolving Account; uses; sources
1.008 Personnel
plan, fiscal plan and property plan
1.009 Judicial
Department Operating Account
1.010 Powers
of courts in administration of court business and proceedings
1.020 Contempt
punishment
1.025 Duty
of court and court officers to require performance of duties relating to
administration of justice; enforcement of duty by mandamus
1.030 Seal;
form; custody; affixing
1.040 Sittings
of court to be public; when may be private
1.050 Time
for decision on submitted questions; certificate of compliance with
requirement; penalty for false certificate
1.055 Term
of court
1.060 Days
for transaction of judicial business; exceptions
1.070 When
court deemed appointed for next judicial day
1.080 Place
of holding court
1.085 Chief
Justice to designate principal location for sitting of courts; alternative
sites
1.090 Trial
elsewhere than at usual location on agreement of parties
1.110 Adjournment
or postponement when judge does not attend
1.120 Proceedings
unaffected by vacancy in office or failure of term
1.130 Power
to adjourn proceedings
1.140 Manner
of addressing application or proceeding to court or judge
1.150 Proceedings
to be in English; foreign language translation; rules and procedures
1.160 Means
to carry jurisdiction into effect; adoption of suitable process or mode of
proceeding
1.171 Powers
and duties of presiding judge for judicial district
1.175 Docket
priorities
COURT SECURITY
1.177 Advisory
Committee on State Court Security and Emergency Preparedness; state plan
1.178 State
Court Facilities Security Account; expenditures; reports
1.180 Advisory
committees on court security and emergency preparedness; plans
1.182 Court
facilities security accounts; funding; expenditures; reports
OPERATION OF COURTHOUSES
1.185 County
to provide courtrooms, offices and jury rooms
1.187 State
to provide supplies and personal property for courts
COLLECTION OF COURT ACCOUNTS
1.194 Definitions
for ORS 1.194 to 1.200
1.195 Reports
on liquidated and delinquent accounts of state courts
1.197 Assignment
of liquidated and delinquent accounts to collection agencies; relinquishment of
accounts by collection agencies; collections by Department of Revenue
1.198 Exemptions
from requirements of ORS 1.197
1.199 Policies
and procedures for exempting accounts from requirements of ORS 1.197 and for
ceasing collection efforts
1.200 Effect
of ORS 1.194 to 1.200 on authority of judge
1.202 Fee
for establishing and administering account for judgment that includes monetary
obligation; fee for judgment referred for collection
1.204 Judicial
Department collections and revenue management program; Judicial Department
Collections Account; reimbursement of program expenses
JUDICIAL OFFICERS GENERALLY
1.210 Judicial
officer defined
1.212 Oath
of office for judges
1.220 Judicial
officer or partner acting as attorney
1.230 Powers
of a judge out of court
1.240 Powers
of judicial officers
1.250 Punishment
for contempt
1.260 Powers
of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit
courts; where powers may be exercised
1.270 Powers
of other judicial officers; where powers may be exercised
1.290 Leaves
of absence
1.300 Senior
judge; assignment; duties and powers; compensation and expenses
1.303 Disability
of judge; procedures upon receipt by Chief Justice of complaint or information
1.305 Commencement
of judicial term of office
INVOLUNTARY RETIREMENT OF JUDGES
1.310 Involuntary
retirement of judges for disability; rules
COMMISSION ON JUDICIAL FITNESS AND DISABILITY
1.410 Commission
on Judicial Fitness and Disability; term; Senate confirmation
1.415 Powers
and duties of commission; rules
1.420 Investigation;
hearings; consent to discipline; recommendation; temporary suspension
1.425 Commission
proceedings upon receipt of complaint of disability; hearing; physical
examination; disposition
1.430 Supreme
Court review; censure; order of suspension or removal
1.440 Status
of records of proceedings under ORS 1.420 or 1.425
1.450 Status
of testimony in proceedings under ORS 1.420 or 1.425
1.460 Judge
not to participate in proceedings involving self except in defense
1.470 Service
of process; proof; return; witness fees
1.475 Procedure
when process not obeyed
1.480 Officers;
quorum; compensation and expenses
CITATION AND PETITION FORMS
1.525 Uniform
citation and petition forms for certain offenses
REPRESENTATION OF JUDGES BY PRIVATE COUNSEL
1.550 Private
counsel for judges
1.560 Procedure
for employment of private counsel; terms and conditions
1.570 Claims
for compensation of private counsel; approval by State Court Administrator
JUDGES PRO TEMPORE
1.600 Appointment
pro tempore to Supreme Court or Court of Appeals; powers and duties
1.605 Compensation
and expenses for judges under ORS 1.600
1.615 Appointment
pro tempore to tax court or circuit court; powers and duties
1.625 Compensation
and expenses for judges under ORS 1.615
1.635 Appointment
pro tempore of eligible person to tax court or circuit court
1.645 Transfer,
challenge, disqualification, supervision of person appointed under ORS 1.635
1.655 Extension
and termination of appointment under ORS 1.635; eligibility to appear as
attorney
1.665 Compensation
and expenses of persons appointed under ORS 1.635
1.675 Judge
pro tempore ineligible to participate in selection or removal of Chief Justice,
Chief Judge or presiding judge
COUNCIL ON COURT PROCEDURES
1.725 Legislative
findings
1.730 Council
on Court Procedures; membership; terms; rules; meetings; expenses of members
1.735 Rules
of procedure; limitation on scope and substance; submission of rules to members
of bar and Legislative Assembly
1.740 Employment
of staff; public hearings
1.745 Laws
on civil pleading, practice and procedure deemed rules of court until changed
1.750 Legislative
Counsel to publish rules
1.755 Gifts,
grants and donations; Council on Court Procedures Account
1.760 Legislative
advisory committee
JUDICIAL CONFERENCE
1.810 Judicial
conference; membership; officers; expenses
1.820 Function
of conference
1.830 Meetings
1.840 Annual
report
ADVISORY COUNCILS
1.851 Local
criminal justice advisory councils
JUSTICE AND MUNICIPAL COURT REGISTRY
1.855 State
Court Administrator to establish registry of justice and municipal courts
COURTS
1.001
State policy for courts. The
Legislative Assembly hereby declares that, as a matter of statewide concern, it
is in the best interests of the people of this state that the judicial branch
of state government, including the appellate, tax and circuit courts, be funded
and operated at the state level. The Legislative Assembly finds that state
funding and operation of the judicial branch can provide for best statewide
allocation of governmental resources according to the actual needs of the
people and of the judicial branch by establishing an accountable, equitably
funded and uniformly administered system of justice for all the people of this
state. [1981 s.s. c.3 §1]
1.002
Supreme Court; Chief Justice as administrative head of judicial department;
rules; presiding judges as administrative heads of courts. (1) The Supreme Court is the highest
judicial tribunal of the judicial department of government in this state. The
Chief Justice of the Supreme Court is the presiding judge of the court and the
administrative head of the judicial department of government in this state. The
Chief Justice shall exercise administrative authority and supervision over the
courts of this state consistent with applicable provisions of law and the
Oregon Rules of Civil Procedure. The Chief Justice, to facilitate exercise of
that administrative authority and supervision, may:
(a) Make rules and issue orders
appropriate to that exercise.
(b) Require appropriate reports from the
judges, other officers and employees of the courts of this state and municipal
courts.
(c) Pursuant to policies approved by the
Judicial Conference of the State of
(d) Set staffing levels for all courts of
the state operating under the Judicial Department and for all operations in the
Judicial Department.
(e) Establish time standards for
disposition of cases.
(f) Establish budgets for the Judicial
Department and all courts operating under the Judicial Department.
(g) Assign or reassign all court staff of
courts operating under the Judicial Department.
(h) Pursuant to policies approved by the
Judicial Conference of the State of
(i) Take any other action appropriate to
the exercise of the powers specified in this section and other law, and
appropriate to the exercise of administrative authority and supervision by the
Chief Justice over the courts of this state.
(2) The Chief Justice may make rules for
the use of electronic applications in the courts, including but not limited to
rules relating to:
(a) Applications based on the use of the
Internet and other similar technologies;
(b) The use of an electronic document, or
use of an electronic image of a paper document in lieu of the original paper
copy, for a document, process or paper that is served, delivered, received,
filed, entered or retained in any action or proceeding;
(c) The use of electronic signatures or
another form of identification for any document, process or paper that is
served, delivered, received, filed, entered or retained in any action or
proceeding and that is required by any law or rule to be signed;
(d) The use of electronic transmission for
the service of documents in a proceeding, other than service of a summons or
service of an initial complaint or petition;
(e) Payment of statutory or court-ordered
monetary obligations through electronic media;
(f) Electronic storage of court documents;
(g) Use of electronic citations in lieu of
the paper citation forms as allowed under ORS 153.770, including use of
electronic citations for parking ordinance violations that are subject to ORS
221.333 or 810.425;
(h) Public access through electronic means
to court documents that are required or authorized to be made available to the
public by law; and
(i) Transmission of open court proceedings
through electronic media.
(3) Rules adopted by the Chief Justice
under subsection (2) of this section must be consistent with the laws governing
courts and court procedures, but any person who serves, delivers, receives,
files, enters or retains an electronic document, or an electronic image of a
paper document in lieu of the original paper copy, in the manner provided by a
rule of the Chief Justice under subsection (2) of this section shall be
considered to have complied with any rule or law governing service, delivery,
reception, filing, entry or retention of a paper document.
(4) Rules made and orders issued by the
Chief Justice under this section shall permit as much variation and flexibility
in the administration of the courts of this state as are appropriate to the
most efficient manner of administering each court, considering the particular
needs and circumstances of the court, and consistent with the sound and
efficient administration of the judicial department of government in this
state.
(5) The judges, other officers and employees
of the courts of this state shall comply with rules made and orders issued by
the Chief Justice. Rules and orders of a court of this state, or a judge
thereof, relating to the conduct of the business of the court shall be
consistent with applicable rules made and orders issued by the Chief Justice.
(6) The Chief Judge of the Court of
Appeals and the presiding judge of each judicial district of this state are the
administrative heads of their respective courts. They are responsible and
accountable to the Chief Justice of the Supreme Court in the exercise of their
administrative authority and supervision over their respective courts. Other
judges of the Court of Appeals or court under a presiding judge are responsible
and accountable to the Chief Judge or presiding judge, and to the Chief
Justice, in respect to exercise by the Chief Justice, Chief Judge or presiding
judge of administrative authority and supervision.
(7) The Chief Justice may delegate the
exercise of any of the powers specified by this section to the presiding judge
of a court, and may delegate the exercise of any of the administrative powers
specified by this section to the State Court Administrator, as may be
appropriate.
(8) This section applies to justices of
the peace and the justice courts of this state solely for the purpose of
disciplining of justices of the peace and for the purpose of continuing legal
education of justices of the peace. [1959 c.552 §1; 1973 c.484 §1; 1981 s.s.
c.1 §3; 1995 c.221 §1; 1995 c.781 §2; 1999 c.787 §1; 2001 c.911 §1; 2007 c.129 §1]
1.003
Chief Justices powers to appoint Chief Judge and presiding judges; terms; disapproval
of appointment. (1) The
Chief Justice of the Supreme Court shall appoint after conferring with and
seeking the advice of the Supreme Court, and may remove at pleasure:
(a) The Chief Judge of the Court of
Appeals.
(b) The presiding judge for each judicial
district.
(2) Except as provided in subsection (3)
of this section, the term of office of the Chief Judge or presiding judge is two
years, commencing on January 1 of each even-numbered year. A judge is eligible
for reappointment as Chief Judge or presiding judge.
(3) If there is a vacancy for any cause in
the office of Chief Judge or presiding judge:
(a) When the vacancy occurs after January
1 of an even-numbered year and before July 1 of the following odd-numbered
year, the Chief Justice shall make an appointment for a term expiring December
31 of that odd-numbered year.
(b) When the vacancy occurs after June 30
of an odd-numbered year and before January 1 of the following even-numbered
year, the Chief Justice shall make an appointment for a term expiring December
31 of the odd-numbered year following that even-numbered year.
(c) The Chief Justice shall designate a
judge of the court concerned as acting Chief Judge or acting presiding judge to
serve until an appointment is made as provided in this section.
(4) Before appointing a Chief Judge or
presiding judge the Chief Justice shall confer with and seek the advice of the
judges of the courts concerned in respect to the appointment.
(5) The Chief Justice shall give written
notice of the judge appointed as Chief Judge or presiding judge to each judge
of the court concerned not later than 10 days before the effective date of the
appointment. A majority of the judges of the courts concerned may disapprove
the appointment by a written resolution signed by each judge disapproving the
appointment and submitted to the Chief Justice before the effective date of the
appointment. If the appointment is so disapproved, the Chief Justice shall
appoint another judge as Chief Judge or presiding judge, and shall notify each
judge of the courts concerned as provided in this subsection. If the courts
concerned have five or more judges, a second appointment is subject to
disapproval, as provided in this subsection, by a majority of the judges of the
courts concerned. A third appointment is not subject to disapproval under this
subsection. [1981 s.s. c.1 §4; 1995 c.658 §7; 1995 c.781 §3]
1.004
Supreme Court rules governing coordination of class actions. Notwithstanding any other provision of law
or the Oregon Rules of Civil Procedure, the Supreme Court shall provide by rule
the practice and procedure for coordination of class actions under ORCP 32 in convenient
courts, including provision for giving notice and presenting evidence. [Formerly
13.370]
1.005
Credit card transactions for fees, security deposits, fines and other court-imposed
obligations; rules. The
Chief Justice of the Supreme Court or the presiding judge of any judicial
district of this state may establish by rule a program to permit the use of
credit card transactions as security deposits, fines, assessments, restitution
or any other court-imposed monetary obligation arising out of an offense. The
program may also provide for the use of credit card transactions to pay for
filing fees, response fees, certification fees and any other fees charged by
the court. Any rules adopted pursuant to this section may provide for recovery
from the person using the credit card of an additional amount reasonably
calculated to recover any charge to the court by a credit card company
resulting from use of the credit card. [1983 c.763 §54; 1989 c.1008 §2; 1993
c.531 §2; 1995 c.781 §4; 1997 c.801 §112; 1999 c.1051 §234]
1.006
Supreme Court rules. (1) The
Supreme Court may prescribe by rule the form of written process, notices,
motions and pleadings used or submitted in civil proceedings and criminal
proceedings in the courts of this state. The rules shall be designed to
prescribe standardized forms of those writings for use throughout the state.
The forms so prescribed shall be consistent with applicable provisions of law
and the Oregon Rules of Civil Procedure. The form of written process, notices,
motions and pleadings submitted to or used in the courts of this state shall
comply with rules made under this section.
(2) The Supreme Court may prescribe by
rule the manner of filing of pleadings and other papers submitted in civil
proceedings with the courts of this state by means of a telephonic facsimile
communication device. The manner so prescribed shall be consistent with
applicable provisions of law and the Oregon Rules of Civil Procedure. [1959
c.552 §3; 1973 c.630 §1; 1981 s.s. c.1 §19; 1989 c.295 §2]
1.007
Judicial Department Revolving Account; uses; sources. (1) There is established in the State
Treasury an account to be known as the Judicial Department Revolving Account.
Upon the written request of the Chief Justice of the Supreme Court, the Oregon
Department of Administrative Services shall draw warrants in favor of the
Supreme Court and charged against appropriations to the Supreme Court for court
expenses. The warrants shall be deposited in the revolving account. The
revolving account shall not exceed the aggregate sum of $1 million, including
unreimbursed disbursements.
(2) Moneys in the revolving account may be
used for the payment of court expenses for which appropriations are made to the
Supreme Court and for which immediate cash payment is necessary or desirable.
Moneys in the revolving account may be disbursed by checks issued by or under
the authority of the Chief Justice.
(3) All claims for reimbursement of
disbursements from the revolving account shall be approved by the Chief Justice
or, as directed by the Chief Justice, the State Court Administrator, and by the
Oregon Department of Administrative Services. When claims have been approved, a
warrant covering them shall be drawn in favor of the Supreme Court, charged
against appropriations to the Supreme Court for court expenses, and used to
reimburse the revolving account.
(4) This section does not authorize the
drawing of a warrant against or the disbursement of any appropriation to the
Supreme Court for court expenses in excess of the amount, or for a purpose
other than, established by or pursuant to law therefor.
(5) As used in this section, court
expenses includes expenses of the Supreme Court, Court of Appeals, Oregon Tax
Court and State Court Administrator and expenses of the circuit courts required
to be paid by the state. [1983 c.737 §1; 1985 c.502 §14]
1.008
Personnel plan, fiscal plan and property plan. The Chief Justice of the Supreme Court shall
establish and maintain, consistent with applicable provisions of law:
(1) A personnel plan for officers, other
than judges, and employees of the courts of this state who are state officers
or employees, governing the appointment, promotion, classification, minimum
qualifications, compensation, expenses, leave, transfer, layoff, removal,
discipline and other incidents of employment of those officers and employees.
(2) A plan for budgeting, accounting and
other fiscal management and control applicable to expenditures made and
revenues received by the state in respect to the courts of this state.
(3) A plan for acquisition, use and
disposition of supplies, materials, equipment and other property provided by
the state for the use of the courts of this state. [1981 s.s. c.3 §4]
1.009
Judicial Department Operating Account. (1) The Judicial Department Operating Account is established in the
State Treasury, separate and distinct from the General Fund. Interest earned by
the account shall be credited to the account. All moneys in the account are
continuously appropriated to the Judicial Department and may be used only to
pay the operating expenses of the department.
(2) All moneys received by the department
pursuant to ORS 151.216 (1)(i) shall be deposited in the Judicial Department
Operating Account.
(3) The department may accept gifts, grants
or contributions from any source, whether public or private, for deposit in the
Judicial Department Operating Account. [2003 c.737 §83]
1.010
Powers of courts in administration of court business and proceedings. Every court of justice has power:
(1) To preserve and enforce order in its
immediate presence.
(2) To enforce order in the proceedings
before it, or before a person or body empowered to conduct a judicial
investigation under its authority.
(3) To provide for the orderly conduct of
proceedings before it or its officers.
(4) To compel obedience to its judgments,
orders and process, and to the orders of a judge out of court, in an action,
suit or proceeding pending therein.
(5) To control, in furtherance of justice,
the conduct of its ministerial officers, and of all other persons in any manner
connected with a judicial proceeding before it, in every matter appertaining
thereto.
(6) To compel the attendance of persons to
testify in an action, suit or proceeding pending therein, in the cases and
manner provided by statute.
(7) To administer oaths in an action, suit
or proceeding pending therein, and in all other cases where it may be necessary
in the exercise of its powers or the performance of its duties. [Amended by
2003 c.576 §267]
1.020
Contempt punishment. For the
effectual exercise of the powers specified in ORS 1.010, the court may punish
for contempt in the cases and the manner provided by statute.
1.025
Duty of court and court officers to require performance of duties relating to
administration of justice; enforcement of duty by mandamus. (1) Where a duty is imposed by law or the
Oregon Rules of Civil Procedure upon a court, or upon a judicial officer,
clerk, bailiff, sheriff, constable or other officer, which requires or
prohibits the performance of an act or series of acts in matters relating to
the administration of justice in a court, it is the duty of the judicial
officer or officers of the court, and each of them, to require the officer upon
whom the duty is imposed to perform or refrain from performing the act or
series of acts.
(2) Matters relating to the administration
of justice include, but are not limited to, the selection and impaneling of
juries, the conduct of trials, the entry and docketing of judgments and all
other matters touching the conduct of proceedings in courts of this state.
(3) The duty imposed by subsection (1) of
this section may be enforced by writ of mandamus. [1957 c.565 §1; 1979 c.284 §40]
1.030
Seal; form; custody; affixing.
(1) Each of the following courts, and no other, has a seal:
(a) The Supreme Court and the Court of
Appeals.
(b) Each circuit court and the Oregon Tax
Court.
(c) Each county court.
(2) The seals shall have the arms of the
state engraved in the center, with the following inscription surrounding the
same:
(a) For the Supreme Court, Supreme Court,
State of
(b) For the Court of Appeals, Court of
Appeals, State of
(c) For the circuit court, Circuit Court,
(d) For the
(e) For the county court, County Court,
(3) The clerk of the court shall keep the
seal, and affix it to any process, transcript, certificate or other paper
required by statute. [Amended by 1957 c.246 §1; 1961 c.533 §35; 1969 c.198 §16;
1991 c.790 §1; 1995 c.658 §9]
1.040
Sittings of court to be public; when may be private. The sittings of every court of justice are
public, except that upon the agreement of the parties to a civil action, suit
or proceeding, filed with the clerk or entered in the appropriate record, the
court may direct the trial, or any other proceeding therein, to be private;
upon such order being made, all persons shall be excluded, except the officers
of the court, the parties, their witnesses and counsel. [Amended by 1985 c.540 §18]
1.050
Time for decision on submitted questions; certificate of compliance with
requirement; penalty for false certificate. Any question submitted to any judge of any court of, or any justice of
the peace in, any of the courts of this state, excepting the Supreme Court and
the Court of Appeals and the judges thereof, must be decided and the decision
rendered within three months after submission, unless prevented by sickness or
unavoidable casualty, or the time be extended by stipulation in writing signed
by the counsel for the respective parties and filed with the judge before the
expiration of said three months. This section is mandatory, and no officer
shall sign or issue any warrant for the payment of the salary or any
installment of the salary of any such judge or justice of the peace unless the
voucher for such warrant shall contain or be accompanied by a certificate of
such judge or justice of the peace that all matters submitted to the judge or
justice of the peace for decision three months or more prior to the filing of
said voucher have been decided as required herein; and, in case the time has
been extended by stipulation in writing, or a decision has been prevented by
sickness or unavoidable casualty, said certificate shall state the facts
excusing the delay. The making and filing of a false certificate shall be just
cause for complaint to the legislature and removal of said judge or justice of
the peace. [Amended by 1969 c.198 §17]
1.055
Term of court. (1) A term of
court is a period of time appointed for the convenient transaction of the
business of the court. The existence or nonexistence of a term of court has no
effect on the duties and powers of the court.
(2) Notwithstanding that an act is
authorized or required to be done before, during or after the expiration of a
term of court, it may be done within a reasonable period of time. [1959 c.638 §1]
1.060
Days for transaction of judicial business; exceptions. (1) Except as provided in subsection (2) of
this section, the courts of justice may be held and judicial business
transacted on any day.
(2) On any legal holiday in this state no
court may be open or transact any judicial business for any purpose except:
(a) To give instructions to a jury then
deliberating upon its verdict;
(b) To receive the verdict of a jury, or
to discharge a jury in case of its inability to agree upon a verdict; or
(c) For the exercise of the powers of a
magistrate in criminal actions or proceedings of a criminal nature.
(3) Except to the extent provided by the
order, a court may not be open or transact judicial business for any purpose
when the court is closed by an order of the Chief Justice. [Amended by 1971
c.240 §1; 1973 c.512 §1; 1981 s.s. c.3 §21; 2002 s.s.1 c.10 §7]
1.070
When court deemed appointed for next judicial day. If a day appointed for holding a court, or
to which it is adjourned, is a legal holiday, the court is deemed appointed for
or adjourned to the next judicial day.
1.080
Place of holding court.
Every court of justice shall sit at the location designated by or pursuant to
law for that purpose. [Amended by 1983 c.763 §1]
1.085
Chief Justice to designate principal location for sitting of courts;
alternative sites. (1)
Except to the extent otherwise specifically provided by law, the Chief Justice
of the Supreme Court shall designate the principal location for the sitting of
the Supreme Court, Court of Appeals, Oregon Tax Court and each circuit court.
For each circuit court there shall be a principal location in each county in
the judicial district.
(2) The Chief Justice may designate
locations for the sitting of the Supreme Court, Court of Appeals, Oregon Tax
Court and each circuit court other than those designated under subsection (1)
of this section. Except as provided in subsection (3) of this section,
locations designated under this subsection for a circuit court must be in the
circuit courts judicial district.
(3) The Chief Justice may designate
locations in the state for the sitting of circuit courts in the event of an
emergency. Locations designated under this subsection need not be in the
circuit courts judicial district. [1983 c.763 §2; 1995 c.658 §10; 2007 c.547 §8]
1.090
Trial elsewhere than at usual location on agreement of parties. Upon agreement of the parties to a civil
action, suit or proceeding in a circuit or county court, filed with the clerk
or entered in the register, the court may direct that the trial or any other
proceeding therein be had elsewhere within the county than at a location
otherwise designated by or pursuant to law for the sitting of the court. [Amended
by 1983 c.763 §3; 1985 c.540 §19]
1.100 [Repealed by 1983 c.763 §9]
1.110
Adjournment or postponement when judge does not attend. If no judge attend on the day appointed for
holding a court, before 4 p.m., the court shall stand adjourned until the next
day at 9 a.m. In case a judge is unable to attend at the time provided by law
for a regular term of court, or at the time specified for a special term, the
judge may by an order made and signed anywhere in the district of the judge
postpone such regular or special term until some future time. [Amended by 1959
c.638 §2]
1.120
Proceedings unaffected by vacancy in office or failure of term. No action, suit or proceeding pending in a
court of justice is affected by a vacancy in the office of any or all of the
judges, or by the failure of a term thereof.
1.130
Power to adjourn proceedings.
A court or judicial officer has power to adjourn any proceedings before the
court or the judicial officer, from time to time, as may be necessary, unless
otherwise expressly provided by statute.
1.140
Manner of addressing application or proceeding to court or judge. An application or other proceeding addressed
to a court shall be addressed to it by its style as given by statute; an
application or other proceeding addressed to a judicial officer shall be addressed
to the judicial officer by name, without any other title than the style of
office.
1.150
Proceedings to be in English; foreign language translation; rules and
procedures. (1) Except as
provided in this section, every writing in any action, suit or proceeding in a
court of justice of this state, or before a judicial officer, shall be in
English.
(2) A writing in an action, suit or
proceeding in a court of justice of this state, or before a judicial officer,
may be submitted in English and accompanied by a translation into a foreign
language that is certified by the translator to be an accurate and true
translation of the English writing. If the writing requires a signature, either
the English or the foreign language writing may be signed.
(3) If a writing is submitted in English
and accompanied by a translation under subsection (2) of this section, a copy
of the writing and the translation must be provided to the other parties in the
proceeding in the manner provided by the statutes and rules relating to
service, notice and discovery of writings in civil and criminal proceedings in
courts of justice of this state and before judicial officers.
(4) The State Court Administrator may
establish policies and procedures governing the implementation of subsection
(2) of this section.
(5) Subsection (1) of this section does
not prohibit the use of common abbreviations. [Amended by 1995 c.273 §1; 2003
c.14 §2]
1.160
Means to carry jurisdiction into effect; adoption of suitable process or mode
of proceeding. When
jurisdiction is, by the Constitution or by statute, conferred on a court or
judicial officer, all the means to carry it into effect are also given; and in
the exercise of the jurisdiction, if the course of proceeding is not
specifically pointed out by the procedural statutes, any suitable process or
mode of proceeding may be adopted which may appear most conformable to the
spirit of the procedural statutes.
1.165 [1981 s.s. c.3 §7; renumbered 1.185 in 1999]
1.167 [1981 s.s. c.3 §18; renumbered 1.187 in
1999]
1.169 [1987 c.559 §2; 1989 c.1008 §1; 1995 c.781 §5;
repealed by 1995 c.658 §127]
1.170 [Repealed by 1981 s.s. c.3 §141]
1.171
Powers and duties of presiding judge for judicial district. (1) A presiding judge appointed under ORS
1.003 is presiding judge for the circuit court of a judicial district
established under ORS 3.012.
(2) The presiding judge, to facilitate
exercise of administrative authority and supervision over the circuit court of
the district and consistent with applicable provisions of law and the Oregon
Rules of Civil Procedure, may:
(a) Apportion and otherwise regulate the
disposition of the judicial business of the circuit court of the judicial
district; and
(b) Make rules, issue orders and take
other action appropriate to that exercise.
(3) The presiding judge may assign actions
and proceedings pending before a court to other judges of the judicial district
for hearing and disposition. A judge who is assigned an action or proceeding
under this subsection shall hear and dispose of the assigned action or
proceeding unless the presiding judge withdraws the assignment for good cause
shown. [1995 c.781 §1; 1997 c.801 §146]
1.175
Docket priorities. Any time
a court of this state is directed by a provision of Oregon Revised Statutes to
accord priority on its docket for a particular action or proceeding, and the
priority to be accorded is unclear in light of other provisions of Oregon
Revised Statutes, the court may accord such priorities as are consistent with:
(1) Specific statutory time limits; and
(2) The courts efficient administration
of its caseload, giving due consideration to the interests sought to be
furthered by according docket priorities to certain actions or proceedings
before the court. [1989 c.322 §2]
COURT SECURITY
1.177
Advisory Committee on State Court Security and Emergency Preparedness; state
plan. (1) The Chief Justice
of the Supreme Court may appoint an Advisory Committee on State Court Security
and Emergency Preparedness for the Supreme Court, Court of Appeals, Oregon Tax
Court and office of the State Court Administrator.
(2) A committee appointed under this
section shall meet at the call of the Chief Justice.
(3) A committee appointed under this
section shall submit to the Chief Justice a state plan for state court security
improvement, emergency preparedness and business continuity for each building
containing or utilized by the Supreme Court, Court of Appeals, Oregon Tax Court
or office of the State Court Administrator. The plan shall include capital
outlay needs and may include recommendations concerning:
(a) Procedures for the secure handling,
transportation and disposal of hazardous substances and contraband in court
proceedings;
(b) Emergency alarm systems accessible to
all court employees;
(c) Physical security for judges, staff
and the public;
(d) Procedures for emergency evacuation of
buildings containing or utilized by the Supreme Court, Court of Appeals, Oregon
Tax Court or office of the State Court Administrator;
(e) Procedures for identifying court
security personnel, including a court security officer to be appointed by the
Chief Justice, who shall be responsible for:
(A) The management of the plan;
(B) A regular security inspection of each
building containing or utilized by the Supreme Court, Court of Appeals, Oregon
Tax Court or office of the State Court Administrator; and
(C) Regular security training of sheriffs
department, judicial department and district attorney personnel; and
(f) Priorities for available court
facilities within the building based on the level of security needed.
(4) The plan may also include:
(a) An evaluation of how each of the items
listed in subsection (3) of this section is being addressed and should be
addressed;
(b) How practices, facilities and equipment
falling below appropriate levels are to be improved;
(c) The anticipated cost of improving
practices, facilities and equipment that fall below appropriate levels;
(d) The funding source for each
improvement; and
(e) The time schedule for implementation
of improvements.
(5) Adoption of a plan under this section
is subject to the approval of the Chief Justice. The plan may conclude that
state court facility security is adequate.
(6) Implementation of the elements of a
plan that have a significant fiscal impact are subject to availability of
funding.
(7) The plan adopted under this section
shall be reviewed and revised or amended as needed, not later than June 30 of
each odd-numbered year.
(8) Except as provided in this subsection,
a plan prepared under this section is confidential and need not be disclosed
under the provisions of ORS 192.410 to 192.505. The Chief Justice may authorize
the disclosure of all or part of a plan prepared under this section if the
Chief Justice determines that the interest of the public would be served by the
disclosure and that the disclosure will not impair the integrity of the plan.
Records of expenditures for a state court security plan and records of
equipment purchased under the plan are not confidential under the provisions of
this subsection, and are subject to disclosure as public records under the
provisions of ORS 192.410 to 192.505. [2005 c.804 §3]
1.178
State Court Facilities Security Account; expenditures; reports. (1) The State Court Facilities Security Account
is established separate and distinct from the General Fund. The account
consists of moneys deposited to the credit of the account under ORS 137.309
(7). Interest earned by the State Court Facilities Security Account shall be
credited to the account. Moneys in the account are continuously appropriated to
the State Court Administrator for the purpose of providing security in
buildings that contain or are utilized by the Supreme Court, Court of Appeals,
Oregon Tax Court or office of the State Court Administrator as described under
ORS 1.177.
(2) Expenditures by the State Court
Administrator from the State Court Facilities Security Account shall be made
only for:
(a) Developing or implementing a plan for
state court security improvement, emergency preparedness and business
continuity under ORS 1.177; and
(b) Statewide training on state court
security.
(3) The State Court Administrator shall
provide to the Chief Justice of the Supreme Court at least quarterly a
financial report showing all revenues, deposits and expenditures from the State
Court Facilities Security Account maintained by the State Court Administrator.
(4) It is the intent of the Legislative
Assembly that any amounts in the State Court Facilities Security Account that
are not needed for the purposes specified in subsection (2) of this section be
used to fund plans for security improvement, emergency preparedness and
business continuity in circuit courts, justice courts and municipal courts. [2005
c.804 §4]
1.180
Advisory committees on court security and emergency preparedness; plans. (1) As used in this section, court facility
means a state court or justice court other than the Supreme Court, Court of
Appeals, Oregon Tax Court or office of the State Court Administrator.
(2) The presiding judge for a judicial
district may appoint an Advisory Committee on Court Security and Emergency
Preparedness for the judicial district. A committee appointed under this
section shall consist of:
(a) The sheriff of each county in which a
court facility is located;
(b) The district attorney of each county
in which a court facility is located;
(c) A member of the local governing body
of each county in which a court facility is located, or the members
representative;
(d) The president of the county bar association,
if any, for each county in which a court facility is located, or the presidents
representative;
(e) A justice of the peace from each
county in the district in which a justice court is located; and
(f) The following persons as designated by
the presiding judge:
(A) The trial court administrator for each
county in which a court facility is located; and
(B) A judge from each county in which a
court facility is located.
(3) A committee appointed under this
section shall meet at the call of the presiding judge that appointed the
committee.
(4) A committee appointed under this
section shall submit to the presiding judge of the judicial district a plan for
court security improvement, emergency preparedness and business continuity for
each building containing a court facility in the county. The plan shall include
capital outlay needs and may include recommendations concerning:
(a) Security procedures for the
transportation and supervision of prisoners for court appearances including, as
otherwise allowed by law, the use of video transmission equipment for the
appearance of defendants who are in custody;
(b) Procedures for the secure handling,
transportation and disposal of hazardous substances and contraband in court
proceedings;
(c) Emergency alarm systems accessible to
all court employees;
(d) Physical security for judges, justices
of the peace, staff and the public;
(e) Procedures for emergency evacuation of
buildings containing court facilities;
(f) Procedures for identifying court
security personnel, including a court security officer to be appointed by the
presiding judge, who shall be responsible for:
(A) The management of the plan;
(B) A regular security inspection of each
building containing a court facility; and
(C) Regular security training of sheriff
department, judicial department and district attorney personnel; and
(g) Priorities for available court
facilities within the building based on the level of security needed.
(5) The plan may also include:
(a) An evaluation of how each of the items
listed in subsection (4) of this section is being addressed and should be
addressed;
(b) How practices, facilities and
equipment falling below appropriate levels are to be improved;
(c) The anticipated cost of improving
practices, facilities and equipment that fall below appropriate levels;
(d) The funding source for each
improvement; and
(e) The time schedule for implementation
of improvements.
(6) Adoption of a plan under this section
is subject to the approval of the presiding judge that appointed the committee.
The plan may conclude that court facility security is adequate.
(7) Implementation of the elements of a
plan that have a significant fiscal impact are subject to availability of
funding.
(8) As soon as a plan, revision or amendment
is adopted, the presiding judge shall provide the Chief Justice of the Supreme
Court with a copy of the plan adopted under this section and any revisions or
amendments to the plan. Each plan shall be reviewed and revised or amended as
needed, not later than June 30 of each odd-numbered year.
(9) Except as provided in this subsection,
plans prepared under this section are confidential and need not be disclosed
under the provisions of ORS 192.410 to 192.505. The presiding judge of a
judicial district, with the concurrence of all sheriffs for the counties of the
district, may authorize the disclosure of all or part of a plan prepared under
this section if the judge determines that the interest of the public would be
served by the disclosure and that the disclosure will not impair the integrity
of the plan. Records of expenditures for a court security plan and records of
equipment purchased under the plan are not confidential under the provisions of
this subsection, and are subject to disclosure as public records under the
provisions of ORS 192.410 to 192.505. [1993 c.637 §15; 1995 c.658 §124; 1997
c.513 §§1,2; 1997 c.801 §113; 2005 c.804 §1]
1.182
Court facilities security accounts; funding; expenditures; reports. (1) The county treasurer shall deposit
moneys received under ORS 137.308 (2) into a court facilities security account
maintained by the county treasurer. The following apply to the account:
(a) The moneys in the account and interest
upon the account are reserved for the purpose of providing security in
buildings that contain state court or justice court facilities other than the
Supreme Court, Court of Appeals, Oregon Tax Court or office of the State Court
Administrator located within the county.
(b) Expenditures by the county governing
body from the court facilities security account shall be made only for
developing or implementing a plan for court security improvement, emergency
preparedness and business continuity under ORS 1.180.
(c) Moneys deposited in the account under
ORS 137.308 (2) and expended under the provisions of this section shall be in
addition to any other moneys expended by the county on court facilities
security programs and personnel. A county shall not reduce other expenditures
on court facilities security programs and personnel by reason of the additional
moneys provided under ORS 137.308 (2).
(d) The county treasurer may charge
against the court facilities security account an administrative fee for the
actual costs associated with maintaining the account. The total administrative
fees charged each year may not exceed five percent of the moneys received under
ORS 137.308 (2) for that year.
(e) The county treasurer shall provide to
the county governing body, the Advisory Committee on Court Security and
Emergency Preparedness and the presiding judge of the judicial district at
least quarterly a financial report showing all revenues, deposits and
expenditures from the court facilities security account maintained by the
county treasurer. The county treasurer may charge against the court facilities
security account the actual costs associated with providing financial reports
under this paragraph.
(f) The presiding judge of the judicial
district shall provide to the Chief Justice of the Supreme Court a financial
report showing all revenues, deposits and expenditures from the court
facilities security account for each fiscal year. The report shall be submitted
to the Chief Justice not later than August 30 of each year.
(2) Except as otherwise provided in
subsection (3) of this section, a county may not reduce its actual operating
expenditures on court facilities security programs and personnel, including
funds from all local sources, exclusive of state and federal funds and other
short term special funding, below the level of such expenditures in the
preceding fiscal year beginning with the 1992-1993 fiscal year.
(3) A county may reduce the operating
expenditures described in subsection (2) of this section if the reduction is in
an amount no greater than the average reduction in general fund commitment to
all county agencies during the fiscal period. [1993 c.637 §16; 2005 c.804 §2]
OPERATION OF
COURTHOUSES
1.185
County to provide courtrooms, offices and jury rooms. (1) The county in which a circuit court is
located or holds court shall:
(a) Provide suitable and sufficient
courtrooms, offices and jury rooms for the court, the judges, other officers
and employees of the court and juries in attendance upon the court, and provide
maintenance and utilities for those courtrooms, offices and jury rooms.
(b) Pay expenses of the court in the
county other than those expenses required by law to be paid by the state.
(2) Except as provided in subsection (1)
of this section, all supplies, materials, equipment and other property
necessary for the operation of the circuit courts shall be provided by the
state under ORS 1.187. [Formerly 1.165]
1.187
State to provide supplies and personal property for courts. Except as provided in ORS 1.185 (1) and
subject to applicable provisions of a plan established by the Chief Justice of
the Supreme Court, the state shall provide the supplies, materials, equipment
and other personal property necessary for the operation of the circuit courts.
The cost of property provided by the state shall be paid by the state from
funds available for the purpose. [Formerly 1.167]
1.190 [1999 c.1064 §3; repealed by 2007 c.626 §3]
1.192 [1999 c.1064 §4; repealed by 2007 c.626 §3]
COLLECTION OF
COURT ACCOUNTS
1.194
Definitions for ORS 1.194 to 1.200. As used in ORS 1.194 to 1.200:
(1) Payment means an amount of money
voluntarily paid by a debtor or an amount of money involuntarily paid by a
debtor through offset or garnishment.
(2) State court means a circuit court,
the Oregon Tax Court, the Court of Appeals or the Supreme Court. [2001 c.823 §11;
2003 c.14 §3]
1.195
Reports on liquidated and delinquent accounts of state courts. (1) Not later than October 1 of each fiscal
year, all state courts and all commissions, departments and divisions in the
judicial branch of state government shall submit reports to the Legislative
Fiscal Office that describe the status of the liquidated and delinquent
accounts of the judicial branch of state government, and the efforts made to
collect those liquidated and delinquent accounts during the immediately
preceding fiscal year. The reports required under this subsection shall be in a
form prescribed by the Legislative Fiscal Office and shall include but not be
limited to:
(a) The total number of all liquidated and
delinquent accounts, and the balance for those accounts, at the beginning of
the fiscal year;
(b) The total number of all liquidated and
delinquent accounts, and the balance for those accounts, at the end of the
fiscal year;
(c) The liquidated and delinquent accounts
that have been added during the immediately preceding fiscal year;
(d) The total amount collected on
liquidated and delinquent accounts during the immediately preceding fiscal
year;
(e) The total amount and total number of
liquidated and delinquent accounts that have been written off during the
immediately preceding fiscal year;
(f) The total amount and total number of
liquidated and delinquent accounts that have been assigned for collection, and
the collection efforts made for those accounts, during the immediately
preceding fiscal year;
(g) The total amount and total number of
liquidated and delinquent accounts that have been turned over to private
collection agencies under ORS 1.197 and the total amount that has been
collected by those agencies during the immediately preceding fiscal year;
(h) The total amount and total number of
accounts that have ceased to be liquidated and delinquent during the fiscal
year for reasons other than having been collected or written off;
(i) The total number and total amount of
all liquidated and delinquent accounts that have been exempted under ORS 1.199;
and
(j) Any other information necessary to
inform the Legislative Fiscal Office of the status of the liquidated and
delinquent accounts of the judicial branch of state government.
(2) The Legislative Fiscal Office shall
produce an annual report, not later than December 31 of each fiscal year, on
the status of the liquidated and delinquent accounts of the judicial branch of
state government. The annual report shall be based on the reports submitted
under subsection (1) of this section.
(3) The reports required under subsection
(1) of this section may be made by the State Court Administrator on behalf of
some or all of the state courts and on behalf of some or all of the
commissions, departments and divisions in the judicial branch of state
government. [2001 c.823 §12]
1.197
Assignment of liquidated and delinquent accounts to collection agencies;
relinquishment of accounts by collection agencies; collections by Department of
Revenue. (1) Except as
otherwise provided by law, all state courts and all commissions, departments
and divisions in the judicial branch of state government shall offer to assign
the liquidated and delinquent accounts of the state court, commission, department
or division to a private collection agency, or to the Department of Revenue
under the provisions of ORS 293.250, not later than:
(a) One year from the date the account was
liquidated if no payment has been received on the account within that year; or
(b) One year from the date of receipt of
the most recent payment on the account.
(2) Nothing in subsection (1) of this
section prohibits a state court or a commission, department or division in the
judicial branch of state government from assigning a liquidated and delinquent
account to a private collection agency at any time within the one-year period,
or from assigning a liquidated and delinquent account to the Department of
Revenue during the one-year period, if that assignment is otherwise allowed by
law.
(3) Nothing in this section prevents a
state court or a commission, department or division in the judicial branch of
state government from assigning an account to the Department of Revenue for the
purpose of seeking an offset against tax refunds or other amounts due the
debtor at the time the account is assigned to a private collection agency. A
state court and any commission, department or division in the judicial branch
of state government that assigns the same account to both the Department of
Revenue and a private collection agency shall ensure that both the Department
of Revenue and the private collection agency are kept informed of the status of
all collections made on the account.
(4) If a private collection agency is
unable to collect on an account assigned under this section, the private
collection agency shall notify the state court, commission, department or
division that assigned the account that the private collection agency is unable
to collect on the account and that the private collection agency will
relinquish the account. The private collection agency shall relinquish the
account within a reasonable time or within such time as may be set by
agreement. A private collection agency that is assigned an account under this
section shall be held to the same standard of confidentiality, service and
courtesy imposed on a state court in collecting on liquidated and delinquent
accounts.
(5) If a liquidated and delinquent account
is assigned to the Department of Revenue as provided in ORS 293.250, the
Department of Revenue shall have one year from the date of liquidation, or from
the date of receipt of the most recent payment on the account, to collect a
payment. If the Department of Revenue does not collect a payment within the
one-year period or if one year has elapsed since the date of receipt of the
most recent payment on the account, the Department of Revenue shall notify the
state court, commission, department or division that assigned the account. The
state court, commission, department or division shall then immediately offer
assignment of the account to a private collection agency.
(6) For the purposes of this section, a
state court or a commission, department or division in the judicial branch of
state government shall be considered to have offered an account for assignment
to a private collection agency if:
(a) The terms of the offer are of a type
generally accepted by the collections industry for the type of account to be
assigned; and
(b) The offer is made to a private
collection agency that engages in the business of collecting the type of
account to be assigned or made generally to private collection agencies through
a bid or request for proposal process.
(7) The offer of assignment of accounts
required under this section may be made by the State Court Administrator on
behalf of some or all of the state courts and on behalf of some or all of the
commissions, departments and divisions in the judicial branch of state
government. [2001 c.823 §13]
1.198
Exemptions from requirements of ORS 1.197. (1) ORS 1.197 does not apply to liquidated and delinquent accounts
that are prohibited by state or federal law or regulation from assignment or
collection.
(2) Notwithstanding ORS 1.197, a state
court or a commission, department or division in the judicial branch of state
government, acting in its sole discretion, may choose not to offer a liquidated
and delinquent account to a private collection agency or to the Department of
Revenue if the account:
(a) Is secured by a consensual security
interest in real or personal property;
(b) Is based on that part of a judgment
that requires payment of restitution or a payment to the Crime Victims
Assistance section of the Criminal Justice Division of the Department of
Justice;
(c) Is in litigation, mediation or
arbitration or is subject to a stay in bankruptcy proceedings;
(d) Is owed by a local or state government
or by the federal government;
(e) Is owed by a debtor who is
hospitalized in a state hospital as defined in ORS 162.135 or who is on public
assistance as defined in ORS 411.010;
(f) Consists of moneys for which a
district attorney has assumed collection responsibility under ORS 8.680;
(g) Consists of moneys owed by a person
who is incarcerated;
(h) Is an account that was previously offered
to a private collection agency and was refused, or that was previously assigned
to a private collection agency and the agency thereafter relinquished the
account;
(i) Is less than $100, including
penalties; or
(j) Would result in loss of federal funding
if assigned. [2001 c.823 §14]
1.199
Policies and procedures for exempting accounts from requirements of ORS 1.197
and for ceasing collection efforts. (1) The State Court Administrator may establish policies and
procedures for exempting accounts from the requirements of ORS 1.197. All
policies establishing exemptions under this section must be documented and
justified by the State Court Administrator.
(2) The State Court Administrator may
establish criteria and standards by which state courts and commissions,
departments and divisions in the judicial branch of state government may cease
to make collection efforts for specified types of accounts. [2001 c.823 §15]
1.200
Effect of ORS 1.194 to 1.200 on authority of judge. Nothing in ORS 1.194 to 1.200 limits or
affects the ability of a judge of a state court to enforce, modify, set aside,
suspend, delay, condition, schedule or take any other action authorized by law
with respect to a debt or money obligation owed to this state. [2001 c.823 §16]
1.202
Fee for establishing and administering account for judgment that includes
monetary obligation; fee for judgment referred for collection. (1) All circuit courts and appellate courts
of this state, and all commissions, departments and divisions of the judicial
branch of state government, shall add a fee of not less than $50 and not more
than $100 to any judgment that includes a monetary obligation that the court or
judicial branch is charged with collecting. The fee shall be added to cover the
cost of establishing and administering an account for the debtor and shall be
added without further notice to the debtor or further order of the court. The
fee shall be added only if the court gives the defendant a period of time in
which to pay the obligation after the financial obligation is imposed. Fees
under this subsection shall be deposited in the General Fund.
(2) All circuit courts and appellate
courts of this state, and all commissions, departments and divisions of the
judicial branch of state government, that use the Department of Revenue or
private collection agencies shall add a fee to any judgment referred for
collection that includes a monetary obligation that the state court or the
commission, department or division is charged with collecting. The fee shall be
added to cover the costs of collection charged by the Department of Revenue or
private collection agency and shall be added to the monetary obligation without
further notice to the debtor or further order of the court. The fee may not
exceed the actual costs of collection charged by the Department of Revenue or
private collection agency. Fees under this subsection shall be deposited in the
Judicial Department Collections Account established under ORS 1.204 and may be
used only for the purposes specified in ORS 1.204.
(3) A court may not waive or suspend the
fees required to be added to judgments under the provisions of this section. [2001
c.823 §20; 2007 c.860 §32]
1.204
Judicial Department collections and revenue management program; Judicial Department
Collections Account; reimbursement of program expenses. (1) The State Court Administrator may
establish a collections and revenue management program within the Judicial
Department for the purpose of administering accounts and collections. Subject
to policies and procedures prescribed by the State Court Administrator, the
collections and revenue management program may collect, by any means authorized
by law, all amounts owing to the state that are subject to collection by the
state courts or by a commission, department or division in the judicial branch
of state government. The State Court Administrator may establish a separate
unit within the program for the collection of parking fines in counties with
populations of more than 500,000.
(2) There is established within the
General Fund the Judicial Department Collections Account. The account shall
consist of moneys deposited in the account under the provisions of subsection
(3) of this section. All moneys in the account are continuously appropriated to
the Judicial Department and may be used only for the purposes specified in
subsection (3) of this section.
(3) All moneys collected by the
collections and revenue management program established under this section shall
be deposited in the Judicial Department Collections Account. At the end of each
calendar month, the State Court Administrator shall distribute the amounts in
the account in the following order of priority:
(a) Except as provided in subsection (4)
of this section, the collections and revenue management program shall be
reimbursed for actual costs and expenses of the program, including personnel
expenses, incurred in the administration and collection of accounts. The amount
of reimbursement may not exceed the actual costs and expenses incurred by the
collections and revenue management program. The State Court Administrator may
designate a single percentage amount to be retained from all moneys collected
under the program, but must adjust that percentage amount periodically to
reflect actual program costs.
(b) All moneys not expended under
paragraph (a) of this subsection shall be distributed as otherwise provided by
law for the amounts collected.
(4) The collections and revenue management
program may not be reimbursed under subsection (3) of this section from any of
the following amounts collected under the program, and all such amounts
collected under the program shall be distributed as otherwise provided by law:
(a) Restitution and compensatory fines
paid under judgments in criminal actions;
(b) Legal aid fees collected under ORS
21.480;
(c) Law library fees collected under ORS
21.350;
(d) Dispute resolution surcharges imposed
under ORS 36.170; and
(e) Fees imposed under ORS 21.112. [2001
c.823 §25 (enacted in lieu of 8.172); 2003 c.518 §11]
JUDICIAL
OFFICERS GENERALLY
1.210
Judicial officer defined. A
judicial officer is a person authorized to act as a judge in a court of
justice.
1.212
Oath of office for judges.
(1) Before entering upon the duties of a judge of the Supreme Court, whether
upon election or appointment as a judge of the Supreme Court or upon
appointment as a senior judge or a judge pro tempore, a person must take and
subscribe, and submit to the Secretary of State, an oath in the form provided
by section 7, Article VII (Amended) of the Oregon Constitution.
(2) Except as provided in subsection (3)
of this section, before entering upon the duties of a judge of the Court of
Appeals, the Oregon Tax Court or a circuit court, a person who is appointed or
elected to the office must take and subscribe, and submit to the Secretary of
State, an oath in the following form:
______________________________________________________________________________
I, ____________, do solemnly swear (or
affirm) that I will support the Constitution of the United States, and the
Constitution of the State of Oregon, and that I will faithfully and impartially
discharge the duties of a judge of the ______________ (court), according to the
best of my ability, and that I will not accept any other office, except
judicial offices, during the term for which I have been ________ (elected or
appointed).
______________________________________________________________________________
(3) Before entering upon the duties of a
judge pro tempore of the Court of Appeals, the Oregon Tax Court or a circuit
court, a person must take and subscribe, and submit to the Secretary of State,
an oath in the following form:
______________________________________________________________________________
I, ____________, do solemnly swear (or
affirm) that I will support the Constitution of the United States, and the
Constitution of the State of Oregon, and that I will faithfully and impartially
discharge the duties of a judge of the ______________ (court), according to the
best of my ability.
______________________________________________________________________________
(4) Before entering upon the duties of a
senior judge of the State of
______________________________________________________________________________
I, ____________, do solemnly swear (or
affirm) that I will support the Constitution of the United States, and the
Constitution of the State of Oregon, and that I will faithfully and impartially
discharge the duties of a senior judge of the State of Oregon, according to the
best of my ability.
______________________________________________________________________________
(5) Subsections (3) and (4) of this
section do not require that any person take an oath more than once during the
term that the person is approved to serve as a senior judge or judge pro
tempore, or that a person serving as a senior judge or judge pro tempore take
the prescribed oath before each assignment as a judge of the Court of Appeals,
Oregon Tax Court or circuit court. Subsection (3) of this section does not
require that a judge assigned to serve as judge pro tempore under ORS 1.615
take any additional oath of office. [2003 c.518 §6]
1.220
Judicial officer or partner acting as attorney. (1) Except as provided in this section, a
judicial officer appointed or elected to a full-time position may not act as an
attorney in an action or proceeding.
(2) A judicial officer appointed or elected
to a full-time position may act as an attorney in an action or proceeding if
the judicial officer is an active member of the Oregon State Bar and is either
a party to the action or proceeding or the judicial officer has a direct
interest in the action or proceeding.
(3) A judge of a county court or justice
court who is an active member of the Oregon State Bar:
(a) May act as an attorney in a court
other than the court in which the judge presides; and
(b) May not be engaged in the practice of
law with an attorney who appears in the court in which the judge presides.
(4) A judge pro tempore may not preside in
an action or proceeding if an attorney who is engaged in the practice of law
with the judge appears in the action or proceeding. [Amended by 2007 c.547 §4]
1.230
Powers of a judge out of court.
A judge may exercise, out of court, all the powers expressly conferred upon a
judge as distinguished from a court, and not otherwise.
1.240
Powers of judicial officers.
Every judicial officer has power:
(1) To preserve and enforce order in the
immediate presence of the judicial officer, and in the proceedings before the
judicial officer, when the judicial officer is performing a duty imposed by
statute.
(2) To compel obedience to the lawful
orders of the judicial officer, as provided by statute.
(3) To compel the attendance of persons to
testify in a proceeding pending before the judicial officer in the cases and
manner provided by statute.
(4) To administer oaths in a proceeding
pending before the judicial officer, and in all other cases where it may be
necessary, in the exercise of the powers and the performance of the duties of
the judicial officer.
1.250
Punishment for contempt. For
the effectual exercise of the powers specified in ORS 1.240, a judicial officer
may punish for contempt, in the cases and manner provided by statute.
1.260
Powers of judges of Supreme Court, Court of Appeals,
(1) To take and certify:
(a) The proof and acknowledgment of a
conveyance of real property, or any other written instrument authorized or
required to be proved or acknowledged.
(b) The acknowledgment of satisfaction of
a judgment in any court.
(c) An affidavit or deposition to be used
in any court of justice or other tribunal of this state.
(2) To exercise any other power and
perform any other duty conferred or imposed upon them by statute. [Amended by
1963 c.423 §1; 1969 c.198 §18]
1.270
Powers of other judicial officers; where powers may be exercised. Every other judicial officer may, within the
county, city, district or precinct in which the judicial officer is chosen:
(1) Exercise the powers mentioned in ORS
1.260 (1).
(2) Exercise any other power and perform
any other duty conferred or imposed upon the judicial officer by statute.
1.280 [1959 c.552 §4; repealed by 1981 s.s. c.1 §25]
1.290
Leaves of absence. (1) As
used in this section, unless the context requires otherwise, judge means any
judge of the Supreme Court, the Court of Appeals, the Oregon Tax Court or any
circuit court, but does not include any person appointed by the Supreme Court
as judge pro tempore of any of those courts who does not hold the elective
office of judge of any of those courts.
(2) Upon receipt of the written
application of any judge, the Supreme Court may grant the judge a leave of
absence without salary for a period of not more than one year. The Supreme
Court may grant a leave of absence only if the court is satisfied that the
administration of justice in
(3) A leave of absence shall be granted by
order of the Supreme Court. The order shall state the maximum period of time
for which the leave is granted. Promptly after the granting of the leave, the
State Court Administrator shall cause a certified copy of the order granting
the leave to be sent to the Secretary of State and the Public Employees
Retirement Board.
(4) At the termination of leave of absence
under this section, unless the judge sooner dies or resigns, a judge shall
resume the duties of office and cause written notice of the resumption to be
sent to the Supreme Court, the Secretary of State and the Public Employees
Retirement Board. The resumption and sending notice thereof constitutes a
termination of the leave whether or not the full maximum period of time granted
has expired.
(5) Absence on leave by a judge under this
section does not create a vacancy in the office to which the judge was elected
or appointed, nor is the judge subject to removal as a consequence thereof.
(6) Absence on leave under this section by
a judge who is a member of the Public Employees Retirement System under ORS
chapter 238 does not break the continuity of the membership of the judge in the
system. [1965 c.12 §1; 1969 c.198 §19; 1971 c.193 §8; 1991 c.815 §2]
1.300
Senior judge; assignment; duties and powers; compensation and expenses. (1) A judge who retires from the circuit
court, Oregon Tax Court, Court of Appeals or Supreme Court, except a judge
retired under the provisions of ORS 1.310, may be designated a senior judge of
the State of Oregon by the Supreme Court and, if so designated, shall be so
certified by the Secretary of State.
(2) Upon filing with the Secretary of
State an oath of office as a senior judge as prescribed in ORS 1.212, a senior
judge is eligible for temporary assignment, with the consent of the senior
judge, by the Supreme Court to a state court as provided in this subsection,
whenever the Supreme Court determines that the assignment is reasonably
necessary and will promote the more efficient administration of justice. A
senior judge who retired from the Supreme Court may be assigned to any state
court. A senior judge who retired from a court other than the Supreme Court may
be assigned to any state court other than the Supreme Court.
(3) The assignment of a senior judge shall
be made by an order which shall designate the court to which the judge is
assigned and the duration of the assignment. Promptly after assignment of a
senior judge under this section, the Supreme Court shall cause a certified copy
of the order to be sent to the senior judge and another certified copy to the
court to which the judge is assigned.
(4) Each senior judge assigned as provided
in this section has all the judicial powers and duties, while serving under the
assignment, of a regularly elected and qualified judge of the court to which
the senior judge is assigned. The powers, jurisdiction and judicial authority
of the senior judge in respect to any case or matter tried or heard by the
senior judge while serving under the assignment shall continue beyond the
expiration of the assignment so far as may be necessary to:
(a) Decide and dispose of any case or
matter on trial or held under advisement.
(b) Hear and decide any motion for a new
trial or for a judgment notwithstanding a verdict, or objections to any cost
bill, that may be filed in the case.
(c) Settle a transcript for appeal and
grant extensions of time therefor.
(5) A senior judge assigned as provided in
this section shall receive as compensation for each day the senior judge is
actually engaged in the performance of duties under the assignment an amount
equal to five percent of the gross monthly salary of a regularly elected and
qualified judge of the court to which the senior judge is assigned, or one-half
of that daily compensation for services of one-half day or less. However, a
retired judge shall not receive for services as a senior judge during any calendar
year a sum of money which when added to the amount of any judicial retirement
pay received by the senior judge for the year exceeds the annual salary of a
judge of the court from which the senior judge retired. The compensation shall
be paid upon the certificate of the senior judge that the services were
performed for the number of days shown in the certificate. Services by a senior
judge under an assignment and receipt of compensation for services shall not
reduce or otherwise affect the amount of any retirement pay to which the senior
judge otherwise would be entitled.
(6) A senior judge assigned to a court
located outside the county in
1.303
Disability of judge; procedures upon receipt by Chief Justice of complaint or
information. (1) As used in
this section and ORS 1.425:
(a) Judge means a judge of any court of
this state.
(b) Subject judge means a judge whose
alleged disability is involved in proceedings under this section or ORS 1.425.
(c) Disability means a physical or
mental condition of a judge, including but not limited to impairment derived in
whole or in part from habitual or excessive use of intoxicants, drugs or
controlled substances, that significantly interferes with the capacity of the
judge to perform judicial duties. A disability may be permanent or temporary.
(2) When the Chief Justice of the Supreme
Court receives a complaint as provided in ORS 1.420 (2) or has reliable
information that would lead a reasonable person to believe that a judge has a
disability, the Chief Justice may:
(a) Confer with the subject judge in
respect to the alleged disability.
(b) Consult with other judges of the court
in which the subject judge serves and other persons who may have knowledge
concerning the alleged disability.
(c) Conduct other inquiry in respect to
the alleged disability as the Chief Justice considers appropriate.
(3) If, after inquiry, and on clear and
convincing evidence, the Chief Justice determines that the subject judge has a
temporary disability, that informal disposition is appropriate and that the
subject judge agrees to informal disposition, the Chief Justice may enter into
an informal disposition of the matter with the subject judge. The informal
disposition may include agreement by the subject judge to obtain professional
counseling, medical treatment or other assistance or to comply with other
conditions in respect to the future conduct of the judge. If an informal
disposition is entered into, the Chief Justice may grant the subject judge a
leave of absence with salary for a period of not more than one year.
(4) If, after inquiry, and on clear and
convincing evidence, the Chief Justice determines that the subject judge has a
permanent disability, or that the subject judge has a temporary disability and
informal disposition is not appropriate or the subject judge does not agree to informal
disposition, the Chief Justice may file a written request for an investigation
under ORS 1.310 (2) or a complaint under ORS 1.425, as the Chief Justice
considers appropriate.
(5) When the Chief Justice enters into an
informal disposition with a subject judge under subsection (3) of this section,
or files a written request or complaint in respect to a subject judge under
subsection (4) of this section, or determines that a subject judge does not
have a disability, the Chief Justice shall prepare a written summary of the
nature of the complaint or information received, the inquiry conducted and the
basis for the determination. The Chief Justice shall immediately send a copy of
the summary to the Commission on Judicial Fitness and Disability, which shall
retain the copy in a file for the subject judge.
(6) Documents filed with or prepared by
the Chief Justice under subsections (2), (3) and (5) of this section shall not
be public records unless received as competent evidence in the course of a
hearing pursuant to ORS 1.310 (4) or 1.420. [1987 c.520 §1]
1.305
Commencement of judicial term of office. The term of office of a judge of the Supreme Court, the Court of
Appeals, the Oregon Tax Court, or of any circuit court shall begin on the first
Monday in January following the election of the judge. [1979 c.451 §7]
INVOLUNTARY
RETIREMENT OF JUDGES
1.310
Involuntary retirement of judges for disability; rules. (1) As used in this section:
(a) Judge includes any judge of the
Supreme Court, the Court of Appeals, the Oregon Tax Court, or of any circuit
court, of the State of
(b) Subject judge means any judge whose
alleged disability is involved in proceedings under this section.
(c) Disability means physical or mental
incapacitation of such a degree as to cause a judge to be unable to discharge
the duties of judicial office.
(d) Chief Justice means the Chief
Justice of the Supreme Court of Oregon; except that, if the Chief Justice is
the subject judge, then the term Chief Justice means the one of the remaining
judges of the Supreme Court who has served the longest period of time as a
judge of that court.
(2) Any judge who becomes disabled may be
retired in the manner provided in this section. The Governor, the Chief
Justice, the Judicial Conference or the Board of Governors of the Oregon State
Bar may file at any time with the Secretary of State a written request for an
investigation to determine whether a judge named in such request has a
disability. Upon receipt of such request, the Secretary of State shall transmit
to the subject judge a certified copy of such request, with a notice to the
effect that, unless such judge files a resignation within 45 days after the
date of the notice, an investigation will be made to determine whether the judge
has a disability. Such certified copy and notice shall be served on the subject
judge, either by delivering them to the judge in person or by transmitting them
by registered mail or by certified mail with return receipt to the judge at the
last residence address of the judge as shown in the records of the Secretary of
State.
(3) If the subject judge fails to file a
resignation within 45 days after the date of the notice, the Secretary of
State, within 10 days after the expiration of that period, shall transmit to
the Commission on Judicial Fitness and Disability certified copies of the
request and notice, with a certificate to the effect:
(a) That the Secretary of State had served
the notice and copy of the request on the subject judge as provided in subsection
(2) of this section; and
(b) That the judge had not filed a
resignation.
(4) Upon receipt of the certified copies
and certificate referred to in subsection (3) of this section, the commission
shall make the requested investigation and, after hearing, determine whether
the subject judge has a disability. The commission shall prepare an official
record which shall include the testimony taken and the exhibits considered. If
the subject judge refuses or is unable to attend, the commission may proceed
with the hearing in the absence of the judge.
(5) If a majority of the members of the
commission shall determine that the subject judge in fact has a disability,
they shall make and sign written findings of fact upon which the determination
is made and transmit them to the Secretary of State. If no appeal is filed, the
office of such judge shall become vacant 10 days after the filing of such
findings; and thereupon the Secretary of State shall certify to the Governor
the existence of such vacancy. If a majority of the members of the commission
do not find that the subject judge has a disability, they shall sign and file
with the Secretary of State a written report to that effect, and thereupon the
proceeding shall terminate.
(6) The commission may prescribe rules of
procedure for the conduct of the investigation and fix the time and place of
the hearing, giving the subject judge due notice thereof. The fees and mileage
allowance of witnesses, including experts, shall be fixed by the commission.
(7) No judge retired under the provisions
of this section shall be appointed as judge pro tempore to serve upon any court
of the State of
(8) The subject judge may appeal to the
Supreme Court from a determination by the commission that the judge has a disability,
by filing a notice with the Secretary of State within 10 days after the date of
filing of the written findings of fact by the commission. The Secretary of
State shall thereupon notify the commission and the Chief Justice. The
commission shall forthwith transmit the official record to the Supreme Court,
which upon receipt of such record shall have full jurisdiction of the
proceeding.
(9) The Supreme Court shall review the
proceeding de novo on the record with authority to affirm, reverse or annul the
determination. Prior to such final determination, remand may also be made to
the commission for additional findings of fact. In the event that the Supreme
Court reverses or annuls the determination of the commission, the proceeding
shall thereupon terminate and notice to that effect shall be filed with the
Secretary of State. If the determination of the commission is affirmed, a
decision to that effect shall be filed with the Secretary of State and the
office of the subject judge shall forthwith become vacant. Thereupon, the
Secretary of State shall certify to the Governor the existence of such vacancy.
[Amended by 1963 c.488 §1; 1965 c.394 §1; 1969 c.332 §2; 1983 c.740 §2; 1987
c.520 §11; 1991 c.249 §1; 1991 c.815 §3; 2007 c.70 §1]
1.312 [1969 c.332 §1; repealed by 1991 c.815 §21]
1.314 [1959 c.551 §2 (1.314, 1.318, 1.322 and
1.326 enacted in lieu of 1.320); 1961 c.568 §1; 1963 c.592 §1; 1965 c.394 §2;
1969 c.332 §3; repealed by 1991 c.815 §21]
1.316 [1971 c.101 §2; repealed by 1991 c.815 §21]
1.318 [1959 c.551 §3 (1.314, 1.318, 1.322 and
1.326 enacted in lieu of 1.320); 1961 c.568 §2; 1963 c.464 §3; 1965 c.394 §3;
1969 c.332 §4; 1983 c.770 §13; repealed by 1991 c.815 §21]
1.320 [Amended by 1955 c.496 §1; repealed by 1959
c.551 §1 (1.314, 1.318, 1.322 and 1.326 enacted in lieu of 1.320)]
1.322 [1959 c.551 §4 (1.314, 1.318, 1.322 and
1.326 enacted in lieu of 1.320); 1965 c.394 §4; 1969 c.332 §5; repealed by 1991
c.815 §21]
1.326 [1959 c.551 §5 (1.314, 1.318, 1.322 and
1.326 enacted in lieu of 1.320); 1963 c.464 §4; repealed by 1991 c.815 §21]
1.328 [1959 c.551 §§10,11; repealed by 1961 c.568 §5]
1.330 [Amended by 1961 c.568 §3; 1963 c.464 §5;
1965 c.394 §5; 1969 c.332 §6; 1971 c.101 §3; repealed by 1991 c.815 §21]
1.340 [Amended by 1953 c.529 §5; 1955 c.496 §2;
1955 c.511 §1; 1959 c.551 §6; 1961 c.568 §4; 1963 c.464 §6; 1965 c.394 §6; 1969
c.332 §7; 1971 c.101 §4; 1983 c.770 §14; repealed by 1991 c.815 §21]
1.343 [1979 c.609 §2; 1983 c.770 §15; 1989 c.757 §2;
1991 c.796 §8; repealed by 1991 c.815 §21]
1.345 [1961 c.702 §5; repealed by 1963 c.464 §10]
1.346 [1977 c.84 §2; repealed by 1991 c.815 §21]
1.350 [Amended by 1959 c.551 §7; 1963 c.464 §7;
1969 c.332 §8; 1989 c.966 §1; repealed by 1991 c.815 §21]
1.355 [1963 c.464 §2; 1973 c.704 §1; 1975 c.614 §1;
repealed by 1991 c.815 §21]
1.360 [Amended by 1953 c.529 §5; 1959 c.551 §8;
1961 c.702 §1; 1963 c.464 §8; 1965 c.394 §7; 1969 c.332 §9; 1975 c.125 §3; 1975
c.614 §2; repealed by 1991 c.815 §21]
1.365 [1987 c.625 §6; repealed by 1991 c.815 §21]
1.370 [Repealed by 1963 c.464 §10]
1.380 [Amended by 1963 c.464 §9; subsection (7)
enacted as 1969 c.332 §11; subsection (8) enacted as 1969 c.332 §17; repealed
by 1991 c.815 §21]
1.385 [1969 c.332 §15; repealed by 1991 c.815 §21]
1.387 [1979 c.727 §1; 1981 c.684 §1; repealed by
1991 c.815 §21]
1.390 [1969 c.332 §10; repealed by 1991 c.815 §21]
COMMISSION ON
JUDICIAL FITNESS AND DISABILITY
1.410
Commission on Judicial Fitness and Disability; term; Senate confirmation. (1) There is created the Commission on
Judicial Fitness and Disability consisting of:
(a) Three judges appointed by the Supreme
Court;
(b) Three persons appointed by the Board
of Governors of the Oregon State Bar from among persons admitted to practice
law in this state; and
(c) Three persons appointed by the
Governor who are not qualified under either paragraph (a) or (b) of this
subsection.
(2) The term of a member is four years,
but whenever a member ceases to meet the qualifications under which the member
was appointed, membership shall end. Before the expiration of the term of a
member, a successor shall be appointed to perform the functions of a member on
the day next following expiration of the term of the member. In case of a
vacancy for any cause, the appointing authority shall make an appointment to
become immediately effective for a four-year term.
(3) Appointments by the Governor are
subject to confirmation by the Senate in the manner provided in ORS 171.562 and
171.565. [1967 c.294 §2; 1969 c.695 §16; 1971 c.511 §1; 1985 c.565 §2]
1.415
Powers and duties of commission; rules. (1) The Commission on Judicial Fitness and Disability may:
(a) Subject to the State Personnel
Relations Law, appoint such subordinates and employees as the commission
considers necessary to carry out the duties and powers vested in the
commission.
(b) Request the assistance of and
compensate physicians, expert witnesses and special counsel.
(c) By its chairperson or vice
chairperson, take and preserve testimony and administer oaths to witnesses on
any matter within its jurisdiction.
(2) Upon majority vote of the members of
the commission or upon request of a judge whose conduct is subject to a hearing
under ORS 1.420 or a judge whose alleged disability is subject to a hearing under
ORS 1.425, the chairperson or vice chairperson of the commission shall issue
any processes necessary to compel the attendance of witnesses and the
production of any books, papers, records or documents as may be required.
(3) The commission shall adopt rules of
procedure governing proceedings under ORS 1.420 and 1.425. [1967 c.294 §10;
1987 c.520 §4]
1.420
Investigation; hearings; consent to discipline; recommendation; temporary
suspension. (1) Upon
complaint from any person concerning the conduct of a judge or upon request of
the Supreme Court, and after such investigation as the Commission on Judicial
Fitness and Disability considers necessary, the commission may do any of the
following:
(a) The commission may hold a hearing
pursuant to subsection (3) of this section to inquire into the conduct of the
judge.
(b) The commission may request the Supreme
Court to appoint three qualified persons to act as masters, to hold a hearing
pursuant to subsection (3) of this section and maintain a record on the matter
referred to them and to report to the commission on the conduct of the judge.
(c) The commission may allow the judge to
execute a consent to censure, suspension or removal. If a consent is entered
into under this paragraph, the judge and the commission must enter into a
written stipulation of facts. The consent and stipulation of facts shall be
submitted by the commission to the Supreme Court.
(2) If the commission receives a complaint
that appears to indicate that a judge has a disability as defined in ORS 1.303,
the commission may refer the complaint to the Chief Justice of the Supreme
Court for appropriate proceedings under ORS 1.303.
(3) When a hearing is held by the
commission or by masters as authorized in subsection (1) of this section, the hearing
shall be public and all the testimony and evidence given and received in the
hearing shall be public records. The judge shall have the right to be present
at such hearing, to be represented by counsel, to present testimony and
evidence and to cross-examine witnesses.
(4) If, after hearing or after considering
the record and report of the masters, the commission finds that the conduct of
the judge justifies censure, suspension or removal from office, the commission
shall recommend to the Supreme Court the censure or suspension or removal of
the judge.
(5) The Supreme Court by order may
temporarily suspend a judge whose conduct is the subject of proceedings under
this section from exercising any judicial functions during the pendency of
those proceedings. [1967 c.294 §7; 1971 c.511 §3; 1987 c.520 §5; 1997 c.720 §1]
1.425
Commission proceedings upon receipt of complaint of disability; hearing;
physical examination; disposition. (1) Upon complaint from the Chief Justice of the Supreme Court as
provided in ORS 1.303, and after such investigation as the Commission on
Judicial Fitness and Disability considers necessary, the commission may:
(a) Proceed as provided in ORS 1.420; or
(b) If the investigation under this
subsection indicates that the subject judge may have a temporary disability,
hold a hearing pursuant to subsection (2) of this section to inquire into the
alleged disability, or request the Supreme Court to appoint three qualified
persons to act as masters, to hold a hearing pursuant to subsection (2) of this
section and maintain a record on the matter referred to them and to report to
the commission on the alleged disability.
(2) When a hearing is held by the
commission or by masters as authorized in subsection (1)(b) of this section,
the hearing shall not be open to the public unless the subject judge requests a
public hearing. The testimony and evidence given and received in the hearing
shall not be public records. The subject judge shall have the right to be
present at such hearing, to be represented by counsel, to present testimony and
evidence and to cross-examine witnesses.
(3)(a) The commission may direct that a
subject judge, prior to a hearing, submit to a physical examination by one, two
or three physicians licensed to practice in this state and appointed by the
commission to conduct the examination, or submit to a mental evaluation by one,
two or three physicians, psychologists or other mental health professionals
licensed to practice in this state and appointed by the commission to conduct
the evaluation, or submit to both that examination and evaluation. The persons
appointed to conduct the examination or evaluation shall report thereon to the
commission. A copy of any report to the commission shall be provided by the
commission to the subject judge. The costs of the examination, evaluation and
reporting shall be paid by the commission.
(b) If a subject judge directed to submit
to an examination or evaluation fails to do so, the judge may not present as
evidence in the proceeding the results of any medical examination of the judge
done at the instance of the judge, and the commission or masters may consider
the failure of the judge to submit to examination or evaluation as evidence
that the judge has a disability.
(4) If, after hearing or after considering
the record and report of the masters, the commission finds that the subject
judge has a temporary disability, the commission may:
(a) Enter into a disposition of the matter
with the subject judge, which may include agreement by the judge to obtain
professional counseling, medical treatment or other assistance or to comply
with other conditions in respect to the future conduct of the judge and provide
for supervision of compliance by the judge and for investigation, hearing as
provided in subsection (2) of this section and, if appropriate, action by the
commission as provided in paragraph (b) of this subsection if the judge fails
to comply; or
(b) If the commission also finds that the
conduct of the subject judge justifies suspension, recommend to the Supreme
Court that the judge be suspended without loss of salary for a period not
exceeding one year.
(5) The Supreme Court, on its own motion
or on recommendation by the commission, by order may temporarily suspend a
judge whose alleged disability is involved in proceedings under this section
from exercising any judicial functions during the pendency of those
proceedings.
(6) If the commission recommends
suspension under subsection (4)(b) of this section, the Supreme Court shall
review the record of the proceedings under this section on the law and facts
and may receive additional evidence and permit argument. The Supreme Court may
order the judge suspended without loss of salary for a period not exceeding one
year. Upon an order of suspension, the judge shall be suspended from office for
the period specified in the order. Suspension does not create a vacancy in the
office of judge during the period of suspension. In addition to or in lieu of
an order of suspension, the Supreme Court may require that the judge obtain
professional counseling, medical treatment or other assistance or comply with
other conditions in respect to the future conduct of the judge. [1987 c.520 §3]
1.430
Supreme Court review; censure; order of suspension or removal. (1) If a hearing has been held under ORS
1.420, the Supreme Court shall review the record of the proceedings on the law
and facts and may receive additional evidence. The Supreme Court may censure
the judge or it may order the judge suspended or removed from office.
(2) If the commission has agreed to allow
the judge to submit a consent to censure, suspension or removal, the Supreme
Court shall review the stipulation of facts and the disciplinary action to
which the judge has consented. If the Supreme Court approves the consent, the
court shall censure the judge or order the judge suspended or removed from
office pursuant to the terms of the consent. If the Supreme Court rejects the
consent and stipulation in full, the court shall remand the matter to the
commission for a hearing under ORS 1.420. The hearing shall be conducted as
though the consent and stipulation had never been entered into, and the
stipulations made by the judge may not be considered as evidence by the
commission in the hearing. If the Supreme Court accepts the stipulation of
facts but rejects the disciplinary action agreed to by the judge and the
commission, the court may remand the matter to the commission for such further
fact-finding as the court may direct on the issue of the appropriate discipline
for the conduct, and may request that the matter be briefed and argued before
the court. The Supreme Court may thereafter censure the judge, or enter an
order suspending or removing the judge, as the court finds appropriate under
the law and the facts.
(3) Upon an order for removal, the judge
shall be removed from office and the salary of the judge shall cease and the
office of the judge is vacant on the date of such order.
(4) Upon an order of suspension, the judge
shall be suspended from office for the period specified in the order and the
salary of the judge shall cease, if so ordered, from the date of the order
until the end of the specified period. Suspension does not create a vacancy in
the office of judge during the period of suspension. [1967 c.294 §7; 1971 c.511
§3; 1997 c.720 §2]
1.440
Status of records of proceedings under ORS 1.420 or 1.425. (1) Documents filed with the Commission on
Judicial Fitness and Disability and the investigation conducted by the
commission prior to a hearing pursuant to ORS 1.420 or 1.425 shall not be
public records unless received as competent evidence in the course of a hearing
pursuant to ORS 1.420. The decision of the commission after hearing or upon
review of the record and report of masters under ORS 1.420 shall be a public
record, together with the recommendations, if any, of the commission to the
Supreme Court. The decision of the commission after hearing or upon review of
the record and report of masters under ORS 1.425 shall not be a public record,
except for a decision and recommendation to the Supreme Court under ORS 1.425
(4)(b). A consent to censure, suspension or removal executed by a judge under
ORS 1.420 (1)(c), and a stipulation of facts entered into between the
commission and a judge under ORS 1.420 (1)(c), shall not be a public record
until the consent and stipulation are submitted to the Supreme Court.
(2) Documents filed and testimony given in
proceedings under ORS 1.420 or 1.425 are privileged communications which may
not be received in evidence in any judicial proceedings other than those
directly connected with the administration of ORS 1.410 to 1.480 unless
expressly or impliedly waived by the person tendering the document to or
testifying in such proceedings or except in a criminal prosecution for perjury
or false swearing before the commission.
(3) Members of the commission, masters
appointed pursuant to ORS 1.420 or 1.425 and staff of the commission shall not
disclose or use any investigation, testimony or documents which are not public
records as defined in ORS 1.410 to 1.480 for any purpose other than in
connection with their official duties in the administration of ORS 1.410 to
1.480. The commission may, upon the request of a judge who has been the subject
of a complaint and proceedings thereon that are not public records, state the
disposition of the complaint and proceedings and the reasons for its decision
when the commission finds that the complaint or proceedings have been
publicized and fairness requires such comment. [1967 c.294 §8; 1981 c.354 §2;
1987 c.520 §6; 1997 c.720 §3]
1.450
Status of testimony in proceedings under ORS 1.420 or 1.425. Any testimony given by a witness compelled
to appear before the Commission on Judicial Fitness and Disability or the
masters appointed pursuant to ORS 1.420 or 1.425 shall not be used against the
witness in any criminal action or proceeding, nor shall any criminal action or
proceeding be brought against such witness on account of any testimony so given
by the witness, except for perjury or false swearing committed before the
commission or the masters. [1967 c.294 §14; 1987 c.520 §7]
1.460
Judge not to participate in proceedings involving self except in defense. A judge who is a member of the Commission on
Judicial Fitness and Disability or of the Supreme Court or who acts as a master
under ORS 1.420 or 1.425 shall not participate in any proceedings involving the
conduct or alleged disability of the judge except in the defense of the judge. [1967
c.294 §9; 1987 c.520 §8]
1.470
Service of process; proof; return; witness fees. (1) Process issued by the commission or by
the chairperson and vice chairperson of the commission shall be served by a
person authorized to serve summons and in the manner prescribed for the service
of a summons upon a defendant in a civil action in a circuit court. The process
shall be returned to the authority issuing it within 10 days after its delivery
to the person for service, with proof of service as for summons or that the
person cannot be found. When served outside the county in which the process
originated, the process may be returned by mail. The person to whom the process
is delivered shall indorse thereon the date of delivery.
(2) Each witness compelled to attend any
proceedings under ORS 1.420 or 1.425, other than an officer or employee of the
state, a public corporation, or a political subdivision, shall receive for
attendance the same fees and mileage allowance allowed by law to a witness in a
civil case, payable from funds appropriated to the commission. [1967 c.294 §§11,12;
1973 c.827 §1; 1977 c.877 §1; 1979 c.284 §41; 1987 c.520 §9]
1.475
Procedure when process not obeyed. (1) Whenever a person summoned by the Commission on Judicial Fitness
and Disability fails to appear to testify or fails to produce any books,
papers, records or documents as required, or whenever any person so summoned
refuses to answer any question pertinent to the subject under inquiry before
the commission, or the masters appointed pursuant to ORS 1.420 or 1.425, the commission
may apply to the circuit court for the county in which the failure occurred for
an order to the person to attend and testify, or otherwise to comply with the
demand or request of the commission or the masters.
(2) The application to the court shall be
by ex parte motion upon which the court shall make an order requiring the
person against whom it is directed to comply with the demand or request of the
commission within three days after service of the order, or within such further
time as the court may grant, or to justify the failure within that time.
(3) The order shall be served upon the
person to whom it is directed in the manner required by this state for the
service of process, which service is required to confer jurisdiction upon the
court. Failure to obey an order issued by the court under this section is
contempt of court. [1967 c.294 §13; 1987 c.520 §10]
1.480
Officers; quorum; compensation and expenses. (1) The Commission on Judicial Fitness and Disability shall select one
of its members as chairperson, and another as vice chairperson, for such terms
and to perform such functions as the commission shall determine.
(2) A majority of the commission
constitutes a quorum for the transaction of business. Every recommendation on
matters relating to the removal of a judge to the Supreme Court must be
concurred in by a majority of the members of the commission.
(3) A member of the Commission on Judicial
Fitness and Disability is entitled to compensation and expenses as provided in
ORS 292.495. [1967 c.294 §§4,5; 1969 c.314 §2]
1.510 [Formerly 484.420; 1969 c.314 §3; 1971 c.404
§3; 1973 c.43 §1; 1973 c.374 §1; 1975 c.304 §2; 1979 c.477 §1; 1983 c.740 §3;
repealed by 1985 c.725 §17]
1.520 [Formerly 484.410; 1971 c.404 §4; 1973 c.374
§2; 1977 c.132 §7; 1981 c.692 §4; 1981 s.s. c.3 §4; 1985 c.396 §5; 1985 c.725 §8a;
1993 c.531 §3; 1995 c.383 §120; 1995 c.545 §1a; 1995 c.781 §52; repealed by
1999 c.1051 §74]
CITATION AND
PETITION FORMS
1.525
Uniform citation and petition forms for certain offenses. (1) The Supreme Court shall adopt one or
more forms for the following purposes:
(a) A form of uniform violation citation
for the purposes of ORS 153.045;
(b) A form of uniform criminal citation
without complaint for the purposes of ORS 133.068;
(c) A form of uniform criminal citation
with complaint for the purposes of ORS 133.069;
(d) Any form of uniform citation for
categories of offenses as the court finds necessary or convenient; and
(e) A uniform petition for a driving while
under the influence of intoxicants diversion agreement for the purposes of ORS
813.210.
(2) If changes are made to a uniform
citation form under this section, the Supreme Court shall make a reasonable
effort to minimize the financial impact of the changes on the state agencies
and political subdivisions of this state that use the uniform citation form.
Where possible, the effort to minimize the financial impact shall include a
reasonable time for the state agencies and political subdivisions to exhaust
their existing supplies of the citation form before the changes become
effective.
(3) Except as provided in subsection (4)
of this section, the uniform citation forms adopted by the Supreme Court under
this section must be used by all enforcement officers, as defined in ORS 153.005,
when issuing a violation citation or criminal citation.
(4) The uniform citation forms adopted by
the Supreme Court under this section need not be used for:
(a) Offenses created by ordinance or
agency rule governing parking of vehicles; or
(b) Offenses created by the ordinances of
political subdivisions. [1979 c.477 §3; 1981 c.692 §5; 1981 c.803 §1; 1983
c.338 §879; 1985 c.725 §9; 1999 c.1051 §73]
1.530 [Formerly 484.430; repealed by 1973 c.43 §2]
REPRESENTATION
OF JUDGES BY PRIVATE COUNSEL
1.550
Private counsel for judges.
Whenever, pursuant to ORS chapter 180, the Attorney General is requested to
represent a judge of the Supreme Court, Court of Appeals, Oregon Tax Court or
circuit court and declines to do so, the judge may, subject to the provisions
of ORS 30.260 to 30.300 and 30.310 to 30.400, employ private counsel as
provided under ORS 1.560. [1977 c.79 §2]
1.560
Procedure for employment of private counsel; terms and conditions. In any case in which the judge desires the
appointment of private counsel, the judge shall so notify the State Court
Administrator. The State Court Administrator, under the direction of the
Supreme Court, may authorize the judge to employ private counsel under the
following circumstances:
(1) When the judge is a defendant in an
action, suit or proceeding and there is no other party directly interested in
the outcome of the action, suit or proceeding who should fairly bear the cost
of representation;
(2) When the judge is a defendant in an
action, suit or proceeding and the State Court Administrator concludes that no
party interested in the outcome of the action, suit or proceeding will provide
adequate representation for the judge; or
(3) In any action, suit or proceeding,
when the State Court Administrator finds that employing private counsel is
necessary to protect the public interest, the integrity of the judicial system,
or the interests of the judge in performing duties as a state officer. [1977
c.79 §3; 2007 c.71 §2]
1.570
Claims for compensation of private counsel; approval by State Court
Administrator. If private
counsel is employed under ORS 1.560, such counsel shall submit to the State
Court Administrator a verified and detailed claim for compensation, which claim
shall include a statement of reimbursable expense incurred and the amount of
time devoted to the matter on behalf of the judge. The State Court
Administrator, under the direction of the Supreme Court, shall examine the
claim and shall approve payment thereof in a reasonable amount. [1977 c.79 §4]
JUDGES PRO
TEMPORE
1.600
Appointment pro tempore to Supreme Court or Court of Appeals; powers and
duties. (1) The Supreme
Court may appoint any regularly elected and qualified, or appointed and
qualified, judge of the Court of Appeals, Oregon Tax Court or circuit court to
serve as judge pro tempore of the Supreme Court, or any regularly elected and
qualified, or appointed and qualified, judge of the Supreme Court, Oregon Tax
Court or circuit court to serve as judge pro tempore of the Court of Appeals, whenever
the Supreme Court determines that the appointment is reasonably necessary and
will promote the more efficient administration of justice.
(2) An appointment under this section
shall be made by order of the Supreme Court. The order shall designate the
court to which the judge is appointed and the duration of the appointment. The
Supreme Court shall cause a certified copy of the order to be sent to the judge
appointed and another certified copy to be filed in the records of the court to
which the judge is appointed.
(3) Each judge serving as judge pro
tempore as provided in this section has all the judicial powers and duties,
while so serving, of a regularly elected and qualified judge of the court to
which the judge is appointed. However, a judge pro tempore shall not
participate in the review of any case in which the judge pro tempore
participated while serving on a lower court. Every decision, order or
determination made by the Supreme Court or Court of Appeals while one or more
judges pro tempore are serving as judges of the court shall be as binding and
effective in every respect as if all of the judges participating were regularly
elected and qualified judges of the court. [1975 c.706 §1; 1995 c.781 §5a; 2003
c.518 §8]
1.605
Compensation and expenses for judges under ORS 1.600. (1) A judge of the Supreme Court serving as
judge pro tempore of the Court of Appeals as provided in ORS 1.600 shall
receive the regular salary and expenses of a judge of the Supreme Court,
including reimbursement for hotel bills and traveling expenses necessarily
incurred by the judge pro tempore in the performance of duties as judge pro
tempore.
(2) A judge of the Court of Appeals
serving as judge pro tempore of the Supreme Court or a judge of the Oregon Tax
Court or circuit court serving as judge pro tempore of the Supreme Court or
Court of Appeals as provided in ORS 1.600 shall receive during the period of
service as judge pro tempore, in addition to regular salary and expenses, the
following compensation and expenses:
(a) An amount equal to the salary for the
period of a regularly elected and qualified judge of the court to which the
judge is appointed diminished by the amount received by the judge for the
period in payment of regular salary as a judge; and
(b) If the judge is required to travel
outside the county where the court of the judge is located, reimbursement for
hotel bills and traveling expenses necessarily incurred by the judge in the
performance of duties as judge pro tempore.
(3) The additional compensation and
expenses payable under this section shall be paid by the state upon an itemized
statement of the compensation and expenses, certified by the judge pro tempore
that the services were performed and the expenses were necessarily and actually
incurred. [1975 c.706 §2]
1.610 [1965 c.494 §1; 1967 c.270 §1; 1969 c.198 §27;
1969 c.577 §1; repealed by 1971 c.311 §2]
1.615
Appointment pro tempore to tax court or circuit court; powers and duties. (1) The Supreme Court may assign any
regularly elected and qualified, or appointed and qualified, judge of the
Supreme Court, Court of Appeals, Oregon Tax Court or circuit court to serve as
judge pro tempore of the tax court or any circuit court, whenever the Supreme
Court determines that the assignment is reasonably necessary and will promote
the more efficient administration of justice.
(2) It is the duty of a judge assigned
under this section to comply with the assignment. A judge assigned under this
section is not required to take, subscribe or file any additional oath of
office.
(3) Each judge assigned as provided in
this section has all the judicial powers and duties, while serving under the
assignment, of a regularly elected and qualified judge of the court to which
the judge is assigned. The powers, jurisdiction and judicial authority of the
judges in respect to any case or matter tried or heard by the judge while
serving under the assignment shall continue beyond the expiration of the
assignment so far as may be necessary to:
(a) Decide and dispose of any case or
matter on trial or held under advisement.
(b) Hear and decide any motion for a new
trial or for a judgment notwithstanding a verdict, or objections to any cost
bill, that may be filed in the case.
(c) Settle a transcript for appeal and
grant extensions of time therefor. [1975 c.706 §3; 1979 c.56 §2; 1989 c.124 §1;
1995 c.781 §5b]
1.620 [1965 c.494 §8; repealed by 1971 c.311 §2]
1.625
Compensation and expenses for judges under ORS 1.615. (1) A judge assigned as provided in ORS
1.615 shall receive the regular salary of the judge and expenses as a judge of
the court of the judge.
(2) A judge assigned as provided in ORS
1.615 outside the county in which the judge regularly serves shall receive
reimbursement for hotel bills and traveling expenses necessarily incurred by
the judge in the performance of the duties of the judge under the assignment.
(3) The additional compensation and
expenses payable under this section shall be paid by the state upon an itemized
statement of the compensation and expenses, certified by the judge pro tempore
that the services were performed and the expenses were necessarily and actually
incurred. [1975 c.706 §4; 1995 c.658 §11]
1.630 [1965 c.494 §2; 1969 c.577 §2; repealed by
1971 c.311 §2]
1.635
Appointment pro tempore of eligible person to tax court or circuit court. The Supreme Court may appoint any eligible
person to serve as judge pro tempore of the Oregon Tax Court or as judge pro
tempore of the circuit court in any county or judicial district, whenever the
Supreme Court determines that the appointment is reasonably necessary and will
promote the more efficient administration of justice. A person is eligible for
appointment if the person is a resident of this state and has been a member in
good standing of the Oregon State Bar for a period of at least three years next
preceding the appointment. [1975 c.706 §5; 1987 c.762 §1; 1989 c.124 §2; 2003
c.518 §9]
1.640 [1965 c.494 §3; 1967 c.270 §2; 1969 c.198 §28;
repealed by 1971 c.311 §2]
1.645
Transfer, challenge, disqualification, supervision of person appointed under
ORS 1.635. (1) A judge pro
tempore of a circuit court appointed to serve in any county or judicial
district as provided in ORS 1.635 may, at any time while serving under the
appointment, be transferred and assigned by the Supreme Court to serve as judge
pro tempore in any one or more other counties or judicial districts during the
term of the appointment.
(2) Each judge pro tempore appointed and
qualified as provided in ORS 1.635 has all the judicial powers, duties,
jurisdiction and authority, while serving under the appointment, of a regularly
elected and qualified judge of the court to which the judge pro tempore is
appointed or assigned.
(3) The eligibility, appointment or
qualification of an appointee under ORS 1.635, or the right of the appointee to
hold the position of judge pro tempore in any particular county or judicial
district while serving under the appointment, is subject to challenge only in a
direct proceeding instituted for that purpose as provided in ORS 30.510 to
30.640. The proceeding may be instituted in the Supreme Court if it consents to
take original jurisdiction thereof.
(4) A judge pro tempore appointed as
provided in ORS 1.635 is subject to disqualification to sit in any case for any
of the causes specified in ORS 14.210 or 14.250.
(5) A judge pro tempore appointed as
provided in ORS 1.635 or assigned as provided in subsection (1) of this section
to a court with one or more regularly elected and qualified judges on active duty
shall be subject to the directions of the regular presiding judge of the court
in respect to the assignment of cases and the general administration of the
business of the court. [1975 c.706 §6]
1.650 [1965 c.494 §4; repealed by 1971 c.311 §2]
1.655
Extension and termination of appointment under ORS 1.635; eligibility to appear
as attorney. (1) It is the
duty of a judge pro tempore appointed as provided in ORS 1.635 to hear, decide
and dispose of all cases and matters submitted to the judge pro tempore as
promptly as the nature of the questions involved will permit. The powers,
jurisdiction and judicial authority of the judge pro tempore in respect to any
case or matter tried or heard by the judge pro tempore while serving under the
appointment shall continue beyond the expiration of the appointment so far as
may be necessary to:
(a) Decide and dispose of any case or
matter on trial or held under advisement.
(b) Hear and decide any motion for a new
trial or for a judgment notwithstanding a verdict, or objections to any cost
bill, that may be filed in the case.
(c) Settle a transcript for appeal and
grant extensions of time therefor.
(2) The Supreme Court at any time by order
may:
(a) Extend the term of appointment of a
judge pro tempore appointed as provided in ORS 1.635.
(b) Terminate the term of appointment of a
judge pro tempore appointed as provided in ORS 1.635 as of a date specified in
the order; but termination does not affect the validity of any judgment, order
or other action of the judge pro tempore prior to the effective date of the
termination.
(3) A judge pro tempore of a circuit court
appointed as provided in ORS 1.635 is not eligible to appear as attorney in
that court in any case tried by a jury at the same term of court during which
the judge pro tempore served as judge pro tempore. [1975 c.706 §7; 2003 c.576 §268]
1.660 [1965 c.494 §5; 1967 c.270 §3; 1969 c.706 §64b;
repealed by 1971 c.311 §2]
1.665
Compensation and expenses of persons appointed under ORS 1.635. (1) A judge pro tempore appointed as
provided in ORS 1.635 shall be entitled to receive upon application therefor as
compensation for each day the judge pro tempore is actually engaged in the
performance of duties under the appointment an amount equal to five percent of
the gross monthly salary of a regularly elected and qualified judge of the
court to which the judge is appointed, or one-half of that daily compensation
for services of one-half day or less. The compensation shall be paid upon the
certificate of the judge pro tempore that the services were performed for the
number of days shown in the certificate, and in the same manner as the salaries
of the regularly elected and qualified judges are paid. A person who wishes or
is willing to serve without compensation may do so.
(2) A judge pro tempore appointed as
provided in ORS 1.635 or assigned as provided in ORS 1.645 to serve outside the
county in which the judge pro tempore resides or maintains an office shall
receive, in addition to daily compensation, if any, reimbursement for hotel
bills and traveling expenses necessarily incurred by the judge pro tempore in
the performance of duties as judge pro tempore. The expenses shall be paid upon
an itemized statement of the expenses, certified by the judge pro tempore that
the expenses were necessarily and actually incurred, in the same manner as like
expenses of regularly elected and qualified judges are paid. [1975 c.706 §8;
1981 c.65 §1]
1.670 [1965 c.494 §6; repealed by 1971 c.311 §2]
1.675
Judge pro tempore ineligible to participate in selection or removal of Chief
Justice, Chief Judge or presiding judge. A person appointed or assigned to serve and serving as judge pro
tempore of a court under ORS 1.600, 1.615 or 1.635 is not eligible to be, or to
participate in the selection or removal of, the Chief Justice, Chief Judge or
presiding judge of the court to which the person is appointed or assigned. [1981
s.s. c.1 §6]
1.680 [1965 c.494 §7; 1969 c.314 §4; repealed by
1971 c.311 §2]
1.690 [1965 c.494 §9; repealed by 1971 c.311 §2]
1.700 [1965 c.494 §10; repealed by 1971 c.311 §2]
1.710 [1965 c.494 §11; 1967 c.270 §4; repealed by
1971 c.311 §2]
COUNCIL ON
COURT PROCEDURES
1.725
Legislative findings. The
Legislative Assembly finds that:
(1)
(2) No coordinated system of continuing
review of the
(3) Development of a system of continuing
review of the
(4) A Council on Court Procedures will be able
to review the
1.730
Council on Court Procedures; membership; terms; rules; meetings; expenses of
members. (1) There is
created a Council on Court Procedures consisting of:
(a) One judge of the Supreme Court, chosen
by the Supreme Court.
(b) One judge of the Court of Appeals,
chosen by the Court of Appeals.
(c) Eight judges of the circuit court,
chosen by the Executive Committee of the Circuit Judges Association.
(d) Twelve members of the Oregon State
Bar, appointed by the Board of Governors of the Oregon State Bar. The Board of
Governors, in making the appointments referred to in this paragraph, shall
include but not be limited to appointments from members of the bar active in
civil trial practice, to the end that the lawyer members of the council shall
be broadly representative of the trial bar and the regions of the state.
(e) One public member, chosen by the
Supreme Court.
(2)(a) A quorum of the council shall be
constituted by a majority of the members of the council. If a quorum is
present, an affirmative vote by a majority of the members of the council who
are present is required for action by the council on all matters other than
promulgation of rules under ORS 1.735. An affirmative vote of fifteen members
of the council shall be required to promulgate rules pursuant to ORS 1.735.
(b) The council shall adopt rules of
procedure and shall choose, from among its membership, annually, a chairperson
to preside over the meetings of the council.
(3)(a) All meetings of the council shall
be held in compliance with the provisions of ORS 192.610 to 192.690.
(b) In addition to the requirements
imposed by paragraph (a) of this subsection, with respect to the public
hearings required by ORS 1.740 and with respect to any meeting at which final
action will be taken on the promulgation, amendment or repeal of a rule under
ORS 1.735, the council shall cause to be published or distributed to all
members of the bar, at least two weeks before such hearing or meeting, a notice
which shall include the time and place and a description of the substance of
the agenda of the hearing or meeting.
(c) The council shall make available upon
request a copy of any rule which it proposes to promulgate, amend or repeal.
(4) Members of the Council on Court
Procedures shall serve for terms of four years and shall be eligible for
reappointment to one additional term, provided that, where an appointing
authority has more than one vacancy to fill, the length of the initial term
shall be fixed at either two or four years by that authority to accomplish
staggered expiration dates of the terms to be filled. Vacancies occurring shall
be filled by the appointing authority for the unexpired term.
(5) Members of the Council on Court
Procedures shall not receive compensation for their services but may receive
actual and necessary travel or other expenses incurred in the performance of
their official duties as members of the council, as provided in ORS 292.210 to
292.288. [1977 c.890 §2; 1981 c.545 §1; 1993 c.772 §1; 1995 c.658 §12; 1997
c.137 §§1,2; 2003 c.110 §2; 2007 c.65 §1]
1.735
Rules of procedure; limitation on scope and substance; submission of rules to
members of bar and Legislative Assembly. (1) The Council on Court Procedures shall promulgate rules governing
pleading, practice and procedure, including rules governing form and service of
summons and process and personal and in rem jurisdiction, in all civil
proceedings in all courts of the state which shall not abridge, enlarge or
modify the substantive rights of any litigant. The rules authorized by this
section do not include rules of evidence and rules of appellate procedure. The
rules thus adopted and any amendments which may be adopted from time to time,
together with a list of statutory sections superseded thereby, shall be
submitted to the Legislative Assembly at the beginning of each regular session
and shall go into effect on January 1 following the close of that session
unless the Legislative Assembly shall provide an earlier effective date. The
Legislative Assembly may, by statute, amend, repeal or supplement any of the
rules.
(2) A promulgation, amendment or repeal of
a rule by the council is invalid and does not become effective unless the exact
language of the proposed promulgation, amendment or repeal is published or
distributed to all members of the bar at least 30 days before the meeting at
which the council plans to take final action on the promulgation, amendment or
repeal. If the language of the proposed promulgation, amendment or repeal is
changed by the council after consideration of the language at the meeting, the
council must publish or distribute notification of the change to all members of
the bar within 60 days after the meeting. All changes made to proposed
promulgations, amendments or repeals of rules pursuant to the provisions of
this subsection must be clearly identified when the promulgation, amendment or
repeal is submitted to the Legislative Assembly under subsection (1) of this
section. [1977 c.890 §3; 1979 c.284 §1; 1983 c.751 §6; 1993 c.772 §2; 2003
c.110 §1]
1.740
Employment of staff; public hearings. In the exercise of its power under ORS 1.735, the council:
(1) May employ or contract with any person
or persons, as the council considers necessary, to assist the council; and
(2) Shall endeavor to hold at least one
public hearing in each of the congressional districts of the state during the
period between regular legislative sessions. [1977 c.890 §4; 1993 c.772 §3]
1.742 [1993 c.634 §3; repealed by 2001 c.716 §30]
1.745
Laws on civil pleading, practice and procedure deemed rules of court until
changed. All provisions of
law relating to pleading, practice and procedure, including provisions relating
to form and service of summons and process and personal and in rem
jurisdiction, in all civil proceedings in courts of this state are deemed to be
rules of court and remain in effect as such until and except to the extent they
are modified, superseded or repealed by rules which become effective under ORS
1.735. [1977 c.890 §5; 1979 c.284 §2]
1.750
Legislative Counsel to publish rules. The Legislative Counsel shall cause the rules which have become
effective under ORS 1.735, as they may be amended, repealed or supplemented by
the Legislative Assembly, to be arranged, indexed, printed, published and
annotated in the Oregon Revised Statutes. [1977 c.890 §6]
1.755
Gifts, grants and donations; Council on Court Procedures Account. (1) The Council on Court Procedures is
authorized to accept gifts, grants and donations from any source for
expenditure to carry out the duties, functions and powers of the council.
(2) The Council on Court Procedures
Account is established separate and distinct from the General Fund. All moneys
received by the council, other than appropriations from the General Fund, shall
be deposited into the account and are continuously appropriated to the council
to carry out the duties, functions and powers of the council. [1995 c.61 §3;
reenacted by 1997 c.196 §3; 2001 c.716 §20]
1.760
Legislative advisory committee.
(1) The Council on Court Procedures shall elect five persons from among its
members to serve as a legislative advisory committee. Two members of the
committee shall be judges. Two members shall be members of the Oregon State Bar
who are not judges. One member shall be the public member designated under ORS
1.730 (1)(e). The committee shall elect one of its members to serve as
chairperson of the committee.
(2) Upon the request of the chairperson of
a legislative committee considering legislation that proposes changes to the
Oregon Rules of Civil Procedure, the legislative advisory committee established
under this section shall provide technical analysis and advice to the
legislative committee. Analysis and advice shall be by a majority vote of the
legislative advisory committee. The committee shall consult with and consider
comments from the full Council on Court Procedures to the extent possible.
Analysis and advice under this subsection must be provided within 10 days after
the request from the chairperson of a legislative committee.
(3) The legislative advisory committee
established under this section may vote to take a position on behalf of the
Council on Court Procedures on proposed legislation. If the legislative
advisory committee has voted to take a position on behalf of the council, the
committee shall so indicate to the legislative committee.
(4) Members of the legislative advisory
committee established under this section may meet by telephone and may vote by
telephone. Meetings of the committee are not subject to ORS 192.610 to 192.690.
(5) Members of the legislative advisory
committee established under this section may appear before legislative
committees for the purpose of testifying on legislation that proposes changes
to the Oregon Rules of Civil Procedure. [1995 c.455 §8]
JUDICIAL
CONFERENCE
1.810
Judicial conference; membership; officers; expenses. There hereby is created and established a
Judicial Conference of the State of
1.820
Function of conference. The
conference may make a continuous survey and study of the organization,
jurisdiction, procedure, practice and methods of administration and operation
of the various courts within the state. [1955 c.470 §2; 1965 c.494 §14; 1995
c.273 §2]
1.830
Meetings. The conference
shall meet at such time as shall be designated by its chairperson, not less
than once annually. [1955 c.470 §3; 1965 c.494 §15]
1.840
Annual report. The
conference shall report annually to the Governor with respect to such matters,
including recommendations for legislation, as it may wish to bring to the
attention of the Governor or of the legislature. [1955 c.470 §4; 1959 c.552 §13;
1965 c.494 §16]
1.850 [1985 c.725 §5; repealed by 1993 c.742 §38]
ADVISORY
COUNCILS
1.851
Local criminal justice advisory councils. (1) The presiding judge of each judicial district shall establish a
local criminal justice advisory council, unless one already exists, in each
county in the judicial district. Membership of the council shall include, but
is not limited to, representatives of the following:
(a) The presiding judge;
(b) The district attorney;
(c) The local correctional administrator;
(d) Public defense service providers;
(e) The county bar association;
(f) Local law enforcement; and
(g) State law enforcement.
(2) In addition to the persons listed in
subsection (1) of this section, the judge may invite the participation of any
other persons involved in the criminal justice system whose participation would
be of benefit.
(3) The local criminal justice advisory
council shall meet regularly to consider and address methods of coordinating
court, public defense and related services and resources in the most efficient
and cost-effective manner that complies with the constitutional and statutory
mandates and responsibilities of all participants.
(4) To assist the council in these
efforts, council participants shall provide the council with proposed budget
information and caseload and workload projections. [1993 c.481 §1; 2001 c.962 §100]
JUSTICE AND
MUNICIPAL COURT REGISTRY
1.855
State Court Administrator to establish registry of justice and municipal
courts. (1) The State Court
Administrator shall establish a registry of municipal courts and justice courts
of this state. The registry shall include all information required to be
provided by counties and cities to the State Court Administrator under this
section.
(2) Upon creation of a justice court, the
county in which the justice court is established shall give notice to the State
Court Administrator of the boundaries of the justice court district. The county
shall also provide to the State Court Administrator the name of each justice of
the peace, the term of each justice of the peace and the mailing address for
the justice court. Upon modification or dissolution of a justice court
district, the county shall promptly notify the State Court Administrator of the
modification or dissolution.
(3) Upon creation of a municipal court,
the city establishing the municipal court shall give notice to the State Court
Administrator that the court has been created. The city shall also provide to
the State Court Administrator the name of each municipal judge elected or
appointed to the court, the term of each municipal judge elected or appointed
and the mailing address for the municipal court. Upon ceasing to operate a
municipal court, the city shall promptly notify the State Court Administrator
that the municipal court is no longer in operation. [2001 c.761 §1]
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