2007 Oregon Code - Chapter 3 :: Chapter 3 - Circuit Courts Generally
Chapter 3 — Circuit
Courts Generally
2007 EDITION
CIRCUIT COURTS GENERALLY
COURTS OF RECORD; COURT OFFICERS; JURIES
JUDICIAL DISTRICTS, JUDGES AND JURISDICTION
3.012Â Â Â Â Â Â Â Â Judicial
districts
3.013Â Â Â Â Â Â Â Â State
as single judicial district
3.014Â Â Â Â Â Â Â Â Special
provisions for fourth judicial district (
3.016Â Â Â Â Â Â Â Â Special
provisions for sixth judicial district (Morrow and
3.030Â Â Â Â Â Â Â Â Election
of circuit judges
3.041Â Â Â Â Â Â Â Â Qualifications
of circuit judges; residence
3.050Â Â Â Â Â Â Â Â Circuit
judges to be members of bar
3.060Â Â Â Â Â Â Â Â Salary
of judges; expenses
3.070Â Â Â Â Â Â Â Â Powers
of judges in chambers; filing and entering of decisions not signed in open
court
3.075Â Â Â Â Â Â Â Â Powers
of judges to act in joint or separate session; testing process
3.130Â Â Â Â Â Â Â Â Transfer
of judicial jurisdiction of certain county courts to circuit courts
3.132Â Â Â Â Â Â Â Â Concurrent
jurisdiction with justice and municipal courts
3.134Â Â Â Â Â Â Â Â Application
of state statutes to municipal ordinance
3.136Â Â Â Â Â Â Â Â Jurisdiction
over violations of
3.185Â Â Â Â Â Â Â Â Habeas
corpus hearings by Circuit Court for
3.220Â Â Â Â Â Â Â Â Rules;
procedure when judges disagree
3.225Â Â Â Â Â Â Â Â Establishing
specialized subject-matter departments; approval by Chief Justice; eligibility
and assignment of judges
CIRCUIT COURT TERMS
3.232Â Â Â Â Â Â Â Â Types
of terms
3.235Â Â Â Â Â Â Â Â Regular
terms; minimum number required in certain districts
3.238Â Â Â Â Â Â Â Â Power
or duty to call special terms; procedure
JURISDICTION OVER JUVENILE AND FAMILY-RELATED
MATTERS
3.250Â Â Â Â Â Â Â Â Definitions
for ORS 3.250 to 3.280
3.255Â Â Â Â Â Â Â Â Policy
and intent
3.260Â Â Â Â Â Â Â Â Juvenile
jurisdiction vested in circuit courts; authority for transfer of jurisdiction
over family-related matters to circuit courts
3.265Â Â Â Â Â Â Â Â Limits
on transfer of juvenile jurisdiction
3.270Â Â Â Â Â Â Â Â Transfer
of juvenile jurisdiction and jurisdiction over family-related matters to
circuit courts
3.275Â Â Â Â Â Â Â Â Procedure
for transfer of jurisdiction over certain family-related matters
3.280Â Â Â Â Â Â Â Â Court
services for circuit courts
PANEL OF REFERENCE JUDGES
3.300Â Â Â Â Â Â Â Â Establishment
and termination of panel for disposition of civil actions in circuit court;
eligibility for panel; limitation on powers
3.305Â Â Â Â Â Â Â Â Request
for referral of action to reference judge; selection of reference judge;
revocation of referral
3.311Â Â Â Â Â Â Â Â Delivery
of order to reference judge; notice of time and place of trial; procedure;
witnesses
3.315Â Â Â Â Â Â Â Â Proposed
report of reference judge; objections; final report; filings with clerk; entry
of report as judgment of court
3.321Â Â Â Â Â Â Â Â Compensation
of reference judge; payment procedure
FAMILY LAW
(
3.405Â Â Â Â Â Â Â Â Application
to establish family court department; assignment of judges; authority of judges
3.408Â Â Â Â Â Â Â Â Matters
assignable to family court department
3.412Â Â Â Â Â Â Â Â Chief
family court judge
3.414Â Â Â Â Â Â Â Â Assignment
of matters relating to same child
3.417Â Â Â Â Â Â Â Â Coordination
of services
3.420Â Â Â Â Â Â Â Â Abolishment
of family court department
3.423Â Â Â Â Â Â Â Â Family
court department rules
3.425Â Â Â Â Â Â Â Â Family
law education programs
(Family Law Facilitation Programs)
3.428Â Â Â Â Â Â Â Â Family
law facilitation programs
(Family Court Advocate Programs)
3.430Â Â Â Â Â Â Â Â Family
court advocate programs; goals; duties
3.432Â Â Â Â Â Â Â Â Judicial
education program on establishment and management of family court departments
(Coordination of Services to Families in
Family Law Cases)
3.434Â Â Â Â Â Â Â Â Adoption
of coordination plan for services; local family law advisory committees; plan
contents
3.436Â Â Â Â Â Â Â Â Appointment
of statewide family law advisory committee
3.438Â Â Â Â Â Â Â Â Duties
of State Court Administrator
3.440Â Â Â Â Â Â Â Â Family
Law Account
DRUG COURT PROGRAMS
3.450Â Â Â Â Â Â Â Â Drug
court programs; fees; records
     3.010 [Amended by 1957 c.713 §3; repealed by 1961 c.724 §34]
JUDICIAL DISTRICTS, JUDGES AND JURISDICTION
     3.011 [1961 c.724 §1; 1963 c.491 §1; 1965 c.510 §1;
1965 c.618 §1; 1967 c.532 §1; 1967 c.533 §1; 1969 c.370 §1; 1971 c.640 §1; 1971
c.777 §1; 1973 c.572 §1; 1975 c.629 §1; 1977 c.386 §1; 1979 c.568 §14; 1981
c.215 §2; 1981 c.759 §1; 1985 c.65 §1; 1985 c.274 §1; 1985 c.311 §1; 1987 c.359
§1; 1989 c.1021 §1; 1991 c.298 §1; 1995 c.658 §§6,142,143a,144; repealed by
1997 c.801 §1 (3.012 enacted in lieu of 3.011)]
     3.012
Judicial districts. (1) The
judicial districts, the counties constituting the judicial districts and the
number of circuit court judges for each judicial district are as follows:
     (a) The first judicial district consists
of
     (b) The second judicial district consists
of
     (c) The third judicial district consists
of
     (d) The fourth judicial district consists
of
     (e) The fifth judicial district consists
of
     (f) The sixth judicial district consists
of the counties of Morrow and Umatilla and has five judges.
     (g) The seventh judicial district consists
of the counties of Gilliam,
     (h) The eighth judicial district consists
of
     (i) The ninth judicial district consists
of
     (j) The tenth judicial district consists
of the counties of
     (k) The eleventh judicial district
consists of
     (L) The twelfth judicial district consists
of
     (m) The thirteenth judicial district
consists of
     (n) The fourteenth judicial district
consists of
     (o) The fifteenth judicial district
consists of the counties of Coos and Curry and has six judges.
     (p) The sixteenth judicial district
consists of
     (q) The seventeenth judicial district
consists of
     (r) The eighteenth judicial district
consists of
     (s) The nineteenth judicial district
consists of
     (t) The twentieth judicial district
consists of
     (u) The twenty-first judicial district
consists of
     (v) The twenty-second judicial district
consists of the counties of Crook and Jefferson and has three judges.
     (w) The twenty-third judicial district
consists of
     (x) The twenty-fourth judicial district
consists of the counties of Grant and Harney and has one judge.
     (y) The twenty-fifth judicial district
consists of
     (z) The twenty-sixth judicial district
consists of
     (aa) The twenty-seventh judicial district
consists of
     (2) The Secretary of State shall designate
position numbers equal to the number of judges in each of the judicial
districts established by this section. The positions shall reflect any
qualifications established by ORS 3.041. [1997 c.801 §2 (enacted in lieu of
3.011); 1997 c.801 §2a; 2001 c.779 §1; 2001 c.823 §1; 2005 c.800 §1]
     3.013
State as single judicial district. For the purposes of 15 U.S.C. 1692i, the state shall be considered a
single judicial district. [1997 c.340 §7]
     3.014
Special provisions for fourth judicial district (
     (2) A proceeding to be conducted in
Gresham as provided in subsection (1) of this section shall be transferred
without further order of the court to a court facility in
     (a) The accused person is in the custody
of a county sheriff or the Department of Corrections at the time set for any
scheduled proceeding; or
     (b) A circuit court in the fourth judicial
district issues a bench warrant or a warrant of arrest against the accused for
any criminal action pending before the court.
     (3)
     3.015 [1961 c.724 §32; repealed by 1965 c.510 §24
and 1965 c.618 §11]
     3.016
Special provisions for sixth judicial district (Morrow and
     3.020 [Amended by 1955 c.677 §2; 1957 c.665 §2;
1957 c.713 §4; repealed by 1959 c.557 §1 (3.022 enacted in lieu of 3.020)]
     3.021 [1953 c.52 §§1,2,3; repealed by 1955 c.677 §6]
     3.022 [1959 c.557 §2 (enacted in lieu of 3.020);
repealed by 1961 c.724 §34]
     3.030
Election of circuit judges.
Each circuit judge shall hold office for the term for which the circuit judge
was elected; and at the general election or, if applicable, at the election
specified in ORS 249.088 next prior to the expiration of the term of office
there shall be elected a circuit judge to succeed the circuit judge. [Amended
by 1991 c.719 §1]
     3.040 [Amended by 1955 c.677 §3; 1957 c.665 §4;
1957 c.713 §5; repealed by 1961 c.724 §34]
     3.041
Qualifications of circuit judges; residence. (1) Each judge of the circuit court shall be a citizen of the
     (2) Each judge of the circuit court shall
be a resident of or have principal office in the judicial district for which
the judge is elected or appointed, except that in any judicial district having
a population of 500,000 or more, according to the latest federal decennial
census, any judge of the circuit court may reside within 10 miles of the
boundary of the judicial district.
     (3) In the seventh judicial district, two
of the judges of the circuit court shall be residents of or have principal
offices in
     (4) In the fifteenth judicial district,
four of the judges of the circuit court shall be residents of or have principal
offices in
     (5) The residence within this state
required by subsection (1) of this section shall have been maintained for at
least three years, and the residence or principal office required by
subsections (2) to (4) of this section shall have been maintained for at least
one year, immediately prior to appointment or becoming a candidate for election
to the office of circuit court judge. [1961 c.724 §2; 1963 c.491 §6; 1965 c.510
§2; 1965 c.618 §4; 1967 c.532 §3; 1967 c.533 §7; 1971 c.777 §2; 1973 c.572 §2;
1977 c.386 §4; 1979 c.568 §15; 1981 c.759 §8; 1985 c.65 §2; 1985 c.311 §3; 1995
c.79 §3; 1995 c.658 §6a; 1997 c.801 §6; 2001 c.779 §2]
     3.050
Circuit judges to be members of bar. No person is eligible to the office of judge of the circuit court
unless the person is a member of the Oregon State Bar. [Amended by 1961 c.724 §3]
     3.060
Salary of judges; expenses.
Each of the judges of the circuit court shall receive such salary as is
provided by law. When any judicial district is composed of more than one county
a judge thereof is entitled to reimbursement for hotel bills and traveling
expenses necessarily incurred by the judge in the performance of duties outside
the county of residence. When any circuit judge holds court in any county
outside of the judicial district for which the circuit judge was elected or
appointed, hotel bills and traveling expenses necessarily incurred by the judge
in the performance of that duty shall be paid by the state. Such hotel bills
and traveling expenses are to be paid by the state upon the certificate of the
judge to the truth of an itemized statement of such hotel bills and traveling
expenses. The certificate of expenses is a sufficient voucher upon which the
Oregon Department of Administrative Services shall review the claim as required
by ORS 293.295 and draw its warrant upon the State Treasurer for the amount
thereof in favor of such circuit judge. [Amended by 1953 c.516 §3; 1955 c.531 §1;
1957 c.646 §1; 1959 c.552 §14; 1961 c.702 §2; 1965 c.171 §1; 1965 c.619 §1;
1967 c.38 §1; 1967 c.111 §1; 1969 c.365 §1; 1971 c.95 §2; 1971 c.642 §1]
     3.065 [1967 c.531 §1; 1981 s.s. c.1 §8; repealed
by 1995 c.781 §51]
     3.070
Powers of judges in chambers; filing and entering of decisions not signed in
open court. Any judge of a
circuit court in any judicial district may, in chambers, grant and sign
defaults, judgments, interlocutory orders and provisional remedies, make
findings and decide motions, demurrers and other like matters relating to any
judicial business coming before the judge from any judicial district in which
the judge has presided in such matters. The judge may hear, in chambers,
contested motions, demurrers and other similar matters pending within the
judicial district, at any location designated under ORS 1.085. Upon stipulation
of counsel, the judge may try and determine any issue in equity or in law where
a jury has been waived and hear and decide motions, demurrers and other like
matters, in chambers, at any location in the state where the judge may happen
to be, relating to any judicial business coming before the judge from any
judicial district in which the judge has presided in such matters. The judge
may exercise these powers as fully and effectively as though the motions,
demurrers, matters or issues were granted, ordered, decided, heard and
determined in open court in the county where they may be pending. If signed
other than in open court, all such orders, findings and judgments issued,
granted or rendered, other than orders not required to be filed and entered
with the clerk before becoming effective, shall be transmitted by the judge to
the clerk of the court within the county where the matters are pending. They
shall be filed and entered upon receipt thereof and shall become effective from
the date of entry in the register. [Amended by 1983 c.763 §5; 1991 c.111 §1;
2003 c.576 §269; 2007 c.547 §9]
     3.075
Powers of judges to act in joint or separate session; testing process. If two or more persons are sitting as judges
of the circuit court in a judicial district:
     (1) Any two or more of them may act in
joint session for the trial or determination of any cause, matter or proceeding
before the court in the judicial district, including jury cases. If the judges
acting in joint session are equally divided in opinion, the opinion of the
presiding judge prevails; otherwise the decision of the majority prevails.
     (2) Each of them may proceed separately
with and try, simultaneously in the judicial district and during the same term,
all causes, matters and proceedings brought before the court.
     (3) Process may be tested in the name of
any of them. [1959 c.552 §9; 1995 c.781 §6]
     3.080 [Repealed by 1959 c.552 §16]
     3.081 [1959 c.552 §5; repealed by 1975 c.706 §10]
     3.090 [Repealed by 1959 c.552 §16]
     3.091 [1959 c.552 §6; repealed by 1975 c.706 §10]
     3.096 [1959 c.552 §7; repealed by 1975 c.706 §10]
     3.100 [Repealed by 1959 c.552 §16]
     3.101 [1961 c.405 §1; 1969 c.591 §263; repealed by
1995 c.658 §127]
     3.102 [Formerly 3.110; 1959 c.576 §1; renumbered
3.570]
     3.105 [1953 c.35 §1; repealed by 1959 c.549 §7]
     3.106 [1953 c.35 §2; repealed by 1959 c.549 §7]
     3.107 [1953 c.35 §3; repealed by 1959 c.549 §7]
     3.108 [1953 c.35 §4; repealed by 1959 c.549 §7]
     3.109 [1953 c.35 §5; repealed by 1959 c.549 §7]
     3.110 [Renumbered 3.102 and then 3.570]
     3.111 [1953 c.35 §6; repealed by 1959 c.549 §7]
     3.112 [1953 c.35 §9; repealed by 1959 c.549 §7]
     3.113 [1953 c.35 §7; repealed by 1959 c.549 §7]
     3.114 [1953 c.35 §8; repealed by 1959 c.549 §7]
     3.115 [1953 c.35 §10; repealed by 1959 c.549 §7]
     3.120 [Repealed by 1959 c.552 §16]
     3.130
Transfer of judicial jurisdiction of certain county courts to circuit courts. (1) All judicial jurisdiction, authority,
powers, functions and duties of the county courts and the judges thereof,
except the jurisdiction, authority, powers, functions and duties exercisable in
the transaction of county business, are transferred to the circuit courts and
the judges thereof:
     (a) In Baker, Clackamas,
     (b) In any county for which a county
charter providing for such transfer is adopted under ORS 203.710 to 203.770, to
the extent that the judicial jurisdiction, authority, powers, functions and
duties were not previously transferred as provided by law.
     (2) All matters, causes and proceedings
relating to judicial jurisdiction, authority, powers, functions and duties
transferred to the circuit courts and the judges thereof under this section,
and pending in a county court on the effective date of the transfer, are
transferred to the circuit court for the county. [Amended by 1955 c.677 §4;
1957 c.275 §1; 1957 c.713 §6; 1961 c.724 §4; 1963 c.512 §1; 1965 c.247 §1; 1965
c.510 §3; 1965 c.618 §5; 1967 c.268 §1; 1967 c.533 §8; 1967 c.534 §9; 1969
c.286 §1; 1969 c.591 §264]
     3.132
Concurrent jurisdiction with justice and municipal courts. In addition to other cases over which they
have jurisdiction, circuit courts shall have the same criminal and
quasi-criminal jurisdiction as justice courts and shall have concurrent
jurisdiction with municipal courts of all violations of the charter and
ordinances of any city wholly or in part within their respective judicial
districts committed or triable within the counties in the judicial district. [Formerly
46.040]
     3.134
Application of state statutes to municipal ordinance. When an offense defined by municipal
ordinance is tried in circuit court, it shall be subject to the same statutes
and procedures that govern the trial and appeal of a like offense defined by a
statute of this state. [Formerly 46.047]
     3.135 [1961 c.724 §5; repealed by 1965 c.510 §24]
     3.136
Jurisdiction over violations of
     (2) All fees, fines, security deposit forfeitures
and other moneys collected and received by a circuit court in matters, causes
and proceedings with respect to all violations over which such circuit court is
granted judicial jurisdiction by subsection (1) of this section shall be
collected, handled and disposed of by the clerk of such circuit court as
otherwise provided by law for moneys collected and received by such circuit
court.
     (3) Subsection (1) of this section does
not preclude the city from employing one or more quasi-judicial hearings officers
empowered to hold hearings concerning violations of the charter, ordinances,
rules and regulations of the city, to adopt rules and regulations relating to
the conduct of the hearings process and to impose civil penalties and grant
other relief as may be necessary to enforce and obtain compliance with the
charter, ordinances, rules and regulations of the city. The jurisdiction and
authority of a hearings officer shall not include any traffic or parking
offense. The city may enforce any order of a hearings officer by a civil action
in a court of appropriate jurisdiction. [Formerly 46.045; 1999 c.1051 §235]
     3.140 [Amended by 1965 c.510 §4; repealed by 1969
c.591 §305]
     3.150 [Amended by 1957 s.s. c.8 §1; 1961 c.724 §6;
1965 c.510 §5; 1979 c.77 §1; repealed by 1983 c.673 §26]
     3.160 [Amended by 1957 s.s. c.8 §2; 1959 c.557 §3;
1961 c.724 §7; 1965 c.510 §6; repealed by 1981 c.215 §8]
     3.165 [1961 c.724 §8; repealed by 1965 c.510 §24]
     3.170 [Amended by 1965 c.510 §7; repealed by 1981
c.215 §8]
     3.180 [1965 c.618 §7; 1967 c.533 §9; repealed by
1969 c.591 §305]
     3.185
Habeas corpus hearings by Circuit Court for
     (2) When a court is held at a location
directed as provided by subsection (1) of this section, every person held or
required to appear at the court shall appear at the location so directed. [1975
c.236 §1; 1983 c.763 §6; 2007 c.547 §10]
     3.210 [Amended by 1955 c.677 §5; 1957 c.665 §3;
1957 c.713 §8; 1959 c.557 §4; repealed by 1961 c.724 §34]
     3.220
Rules; procedure when judges disagree. (1) A circuit court may make and enforce all rules necessary for the
prompt and orderly dispatch of the business of the court and not inconsistent
with applicable provisions of law, the Oregon Rules of Civil Procedure or rules
made or orders issued by the Chief Justice of the Supreme Court or the
presiding judge for the judicial district. If a majority of the judges of the
court in a judicial district having two or more circuit court judges do not agree
in respect to the making of rules under this subsection, the decision of the
presiding judge shall control.
     (2)(a) A certified copy of a rule referred
to in subsection (1) of this section made or in effect before January 1, 1984,
shall be filed in the office of the State Court Administrator not later than
January 1, 1984. If a copy of a rule is not so filed, the rule is void.
     (b) A certified copy of a rule referred to
in subsection (1) of this section made or amended on or after January 1, 1984,
shall be filed in the office of the State Court Administrator. No rule or
amendment shall be effective unless so filed, and no rule or amendment so filed
shall become effective before the 30th day after the date of filing.
     (c) The State Court Administrator shall
maintain the copies of all rules filed pursuant to this subsection, and shall
keep a record of the date of filing thereof. The administrator shall, upon
request, supply copies of the rules, and may charge a reasonable fee for such
copies in order to recover the cost of compilation, copying and distribution of
the rules. [Subsection (2) of 1955 part derived from 1953 c.52 §§6,7; 1957
c.713 §9; 1961 c.724 §9; 1967 c.531 §2; 1973 c.484 §3; 1981 c.215 §4; 1981 s.s.
c.1 §9; 1983 c.763 §31; 1995 c.781 §7]
     3.225
Establishing specialized subject-matter departments; approval by Chief Justice;
eligibility and assignment of judges. Subject to the approval of the Chief Justice of the Supreme Court, a
circuit court, by rule under ORS 3.220, may establish specialized
subject-matter departments of the court, and may modify or abolish departments
so established. Any judge of the court may act in any department so established
or modified by rule. The presiding judge for the judicial district may assign
any judge of the court to act in any department so established or modified by
rule. [1981 c.215 §1; 1995 c.781 §8]
     3.227 [1987 c.714 §4; repealed by 1995 c.658 §127]
     3.229 [1987 c.714 §5; 1995 c.781 §9; repealed by
1995 c.658 §127]
     3.230 [Subsection (3) of 1957 part derived from
1953 c.52 §6; 1957 c.713 §10; 1957 s.s. c.8 §3; repealed by 1959 c.552 §16]
CIRCUIT COURT
TERMS
     3.232
Types of terms. The terms of
the circuit courts are either those appointed by law, or others appointed by a
judge of the court. [Formerly 4.010]
     3.235
Regular terms; minimum number required in certain districts. (1) The regular terms of the circuit court
in the several districts of the state shall be held at times designated by
order of the presiding circuit judge of the court. The order shall be made and
entered of record each year, and may be amended by making and entering of
record further orders.
     (2) Notwithstanding subsection (1) of this
section, in districts which are comprised of more than one county, the court
shall designate sufficient regular terms in each county within the district to
conduct those matters which arise from that county. In no event shall there be
less than two terms per year in each such county. [Formerly 4.105]
     3.238
Power or duty to call special terms; procedure. (1) When a term of court is appointed by a
judge it shall be done by a general order made and entered of record during
term time, or by a special order made and filed in vacation for the trial of a
particular cause or the transaction of certain business specified in the
special order, a certified copy of which special order shall be served on the
parties to the cause or business 10 days prior to such term. In the former
case, at the term so appointed, any business may be transacted that could be
transacted during a regular term, but in the latter case only such as is
specified in the order.
     (2) Any circuit court judge of the third,
seventeenth, nineteenth or twenty-first judicial district may, by order entered
of record, convene special terms of court between regular terms, for the trial
of actions, suits or other judicial proceedings, and may summon juries for such
special terms.
     (3) The judge of the circuit court for
Gilliam, Grant, Sherman and Wheeler Counties shall convene a sufficient number
of special or adjourned terms of court in the county to speedily adjudicate all
equity cases and other matters which may arise between regular terms, and shall
also convene special jury terms when necessary. [Formerly 4.410; 1985 c.540 §20]
     3.240 [Amended by 1957 c.713 §11; repealed by 1961
c.724 §34]
JURISDICTION
OVER JUVENILE AND FAMILY-RELATED MATTERS
     3.250
Definitions for ORS 3.250 to 3.280. As used in ORS 3.250 to 3.280, unless the context requires otherwise:
     (1) “Child” means a person under 18 years
of age.
     (2) “Court services” includes but is not
limited to services and facilities relating to intake screening, juvenile
detention, shelter care, investigations, study and recommendations on
disposition of cases, probation on matters within the jurisdiction of the court
under ORS 3.260, family counseling, conciliation in domestic relations, group
homes, and psychological or psychiatric or medical consultation and services
provided at the request of or under the direction of the court, whether
performed by employees of the court, by other government agencies or by
contract or other arrangement. [1967 c.534 §1; 1987 c.158 §2; 1987 c.320 §12;
2001 c.904 §10; 2001 c.905 §10]
     3.255
Policy and intent. It is
declared to be the policy and intent of the Legislative Assembly:
     (1) Notwithstanding concurrent
jurisdiction, that family and family-related matters before the courts be
concentrated in a single judicial jurisdiction, the circuit court.
     (2) The judges of the circuit court need
adequate court services to assist them in exercising jurisdiction over the
family and family-related matters. [1967 c.534 §2]
     3.260
Juvenile jurisdiction vested in circuit courts; authority for transfer of
jurisdiction over family-related matters to circuit courts. (1) The circuit courts and the judges
thereof shall exercise all juvenile court jurisdiction, authority, powers,
functions and duties.
     (2) Pursuant to ORS 3.275, in addition to
any other jurisdiction vested in it by law, the circuit court shall exercise
exclusive and original judicial jurisdiction, authority, powers, functions, and
duties in the judicial district in any or all of the following matters that on
the date specified in the order entered under ORS 3.275 are not within the
jurisdiction of the circuit court:
     (a) Adoption.
     (b) Change of name under ORS 33.410.
     (c) Filiation.
     (d) Commitment of persons with mental
illness or mental retardation.
     (e) Any suit or civil proceeding involving
custody or other disposition of a child or the support thereof or the support
of a spouse, including enforcement of the Uniform Reciprocal Enforcement of
Support Act and enforcement of out-of-state or foreign judgments and decrees on
domestic relations.
     (f) Waivers of the three-day waiting
period before a marriage license becomes effective under ORS 106.077.
     (g) Issuance of delayed birth certificate.
[1967 c.534 §3; 1979 c.724 §1; 2003 c.576 §270; 2007 c.70 §2]
     3.265
Limits on transfer of juvenile jurisdiction. (1) Notwithstanding ORS 3.260, no transfer of jurisdiction required by
ORS 3.260 (1) shall occur in the following counties until the county court
approves such transfer either as of July 1, 1968, or thereafter:
     (a) Gilliam,
     (b) Any county that as of July 1, 1968,
has a population of less than 11,000 and in which the judge of the circuit
court does not reside.
     (2) Notwithstanding the limitation on
transfer of juvenile jurisdiction in subsection (1) of this section, the
circuit court in the judicial district shall exercise exclusive and original
judicial jurisdiction, authority, powers, functions and duties in all
proceedings under ORS 419B.500 to 419B.508 filed after October 3, 1989. [1967
c.534 §3a; 1989 c.531 §1; 1993 c.33 §272; 1995 c.658 §13]
     3.270
Transfer of juvenile jurisdiction and jurisdiction over family-related matters
to circuit courts. (1) All
judicial jurisdiction, authority, powers and duties of the county courts and
the judges thereof over matters described in ORS 3.260 (1), are transferred to
the circuit courts and the judges thereof.
     (2) All judicial jurisdiction, authority,
powers and duties of the county courts and justice courts and the judges
thereof over matters described in ORS 3.260 (2) or so much thereof as may be
ordered under ORS 3.275, in so far as such jurisdiction, authority, powers,
functions and duties are exercised by such courts and the judges thereof on the
date specified in the order entered under ORS 3.275, are transferred to the
circuit courts and the judges thereof by which the order was entered.
     (3) All matters, causes and proceedings
relating to jurisdiction, authority, powers, functions and duties transferred
to the circuit court and the judges thereof under either subsection (1) or (2)
of this section and pending in the county or justice court on the effective
date of the transfer, are transferred to the circuit court for the county.
     (4) Appeals pending in a circuit court
under ORS 179.650 (1987 Replacement Part), 419.561 (1991 Edition) or 419.A.200
immediately before the date specified in the order entered under ORS 3.275
shall be conducted and completed pursuant to the provisions of law in effect
immediately before that date, except that the circuit court shall be considered
to be the court appealed from in so far as further disposition of the case is
concerned. [1967 c.534 §4; 1989 c.348 §13; 1993 c.33 §273; 1993 c.717 §3; 1995
c.658 §14]
     3.275
Procedure for transfer of jurisdiction over certain family-related matters. (1) After making a determination that
conditions in the judicial district make it desirable to concentrate
jurisdiction over all or part of family and family-related matters in the
circuit court, the circuit court by its own order shall exercise jurisdiction
over any or all of the matters described in ORS 3.260 (2) on and after July 1
next following entry of the order.
     (2) Any circuit court that enters an order
pursuant to this section shall cause copies of the order to be filed with the
Oregon Supreme Court and with the county or justice court whose jurisdiction is
affected by the order. [1967 c.534 §5; 1995 c.658 §16]
     3.280
Court services for circuit courts. (1) The circuit court may obtain court services by using services
available without charge or, with the prior approval of the governing body of
each county in the judicial district, by:
     (a) Employing or contracting for personnel
or services; or
     (b) Contracting or entering into
agreements with public or private agencies or with private firms or
individuals, or any of them.
     (2) Court services obtained under subsection
(1) of this section shall be subject to the supervision of the circuit court.
     (3) The compensation and expenses of
personnel performing or providing court services and the expenses of providing
court services shall be determined by the circuit court and shall be subject to
the approval of and be paid by the county or counties making up the judicial
district, subject to the Local Budget Law. For purposes of retirement benefits,
personnel employed by the court may be considered county employees. Personnel
performing or providing court services are not state employees, and their
compensation and expenses shall not be paid by the state. [1967 c.534 §6; 1981
s.s. c.3 §22]
PANEL OF
REFERENCE JUDGES
     3.300
Establishment and termination of panel for disposition of civil actions in
circuit court; eligibility for panel; limitation on powers. (1) Subject to the approval of the Chief
Justice of the Supreme Court, the presiding judge for a judicial district may
establish, and may terminate, the use of a panel of reference judges for the
trial and disposition of civil actions in the circuit court under ORS 3.300 to
3.321.
     (2) The Supreme Court, upon motion of the
Chief Justice and the presiding judge may appoint any eligible person as a
reference judge on the panel established under this section. A person is
eligible for appointment as a reference judge if the person is a member in good
standing of the Oregon State Bar. An eligible person need not reside within the
judicial district for which use of the panel is established.
     (3) A person appointed as a reference
judge on a panel may be removed from the panel by the Chief Justice or the
presiding judge for the judicial district, in the sole discretion of the Chief
Justice or presiding judge.
     (4) A person appointed as a reference
judge on a panel is subject to the jurisdiction of the Commission on Judicial
Fitness and Disability and the Supreme Court under ORS 1.420 and 1.430 in the
same manner as a judge of the circuit court.
     (5) A person appointed as a reference judge
on a panel shall not be considered to be, or to have the judicial powers,
duties, jurisdiction and authority of, a judge of the circuit court except to
the extent provided in ORS 3.300 to 3.321. [1983 c.704 §1; 1995 c.781 §10]
     3.305
Request for referral of action to reference judge; selection of reference
judge; revocation of referral.
(1) At any time before trial of a civil action in a circuit court for which use
of a panel of reference judges is established under ORS 3.300, the parties to
the action may file with the presiding judge for the judicial district a
written request for referral of the action to a reference judge on the panel.
Upon receipt of the request, the presiding judge, by order, shall refer the
action to a reference judge.
     (2) The parties, in their request for
referral, may specify a particular reference judge, and the presiding judge
shall refer the action to the reference judge so specified.
     (3) If the parties do not specify a
particular reference judge, the presiding judge shall select a reference judge
and notify the parties of the selection. Within 10 days after selection of a
reference judge by the presiding judge, the parties may file with the presiding
judge a written rejection of the reference judge so selected and request that
the presiding judge make another selection.
     (4) A reference judge may decline to
accept a referral of an action by the presiding judge. If a reference judge
declines to accept a referral, the parties may file with the presiding judge a
written specification of, or the presiding judge may select, another reference
judge.
     (5) The request by parties for referral of
an action shall include a stipulation by the parties to the entry of the
judgment arising from the reference as the judgment of the court. If the action
is triable by right to a jury, the request shall constitute a waiver of the
right of trial by jury by any party having that right.
     (6) The presiding judge may revoke a
referral of an action when, in the opinion of the presiding judge, the trial of
the action on reference is being unduly delayed. If the referral is revoked,
the presiding judge may require the person or persons responsible for the undue
delay to bear all or part of the expense of the trial incurred before the
revocation. [1983 c.704 §2; 1995 c.781 §11]
     3.310 [Amended by 1955 c.715 §2; 1959 c.557 §5;
1961 c.724 §10; 1965 c.510 §8; repealed by 1981 c.215 §8]
     3.311
Delivery of order to reference judge; notice of time and place of trial;
procedure; witnesses. (1)
Upon entry of an order of the presiding judge for a judicial district referring
an action under ORS 3.305, the clerk of the court shall cause a copy of the
order to be delivered to the reference judge. Upon receipt of the copy of the
order, the reference judge shall set the action for trial on reference at a
time and in a place agreeable to the parties.
     (2) At least five days before the date set
for a trial on reference, the reference judge shall notify the clerk of the
court of the time and place of the trial. The clerk shall post a notice of the
time and place of the trial in a conspicuous place for trial notices at the
principal location for the sitting of the court in the county in which the
action is commenced.
     (3) Any person interested in attending a
trial on reference is entitled to do so as in a trial of a civil action in the
court. Upon receipt of written request by any person, the reference judge shall
give the person written notice of the time and place set for a trial on
reference.
     (4) Except as otherwise provided in ORS
3.300 to 3.321, the reference judge has all the judicial powers and duties of a
judge of the circuit court to regulate all proceedings in the trial and
disposition of the action on reference.
     (5) The reference judge shall provide
clerical personnel necessary for the conduct of the proceedings in the trial on
reference, including a trial court reporter unless waived by the parties. If
use of a trial court reporter is waived by the parties, the proceedings in the
trial shall be reported by an audio record reporting device.
     (6) The trial on reference shall be
conducted in the same manner as a trial by the circuit court without a jury.
The reference judge shall apply the substantive law used in the courts of this
state in deciding the issues submitted by the parties. Unless waived in whole
or part by the parties, the reference judge shall apply the rules of pleading,
practice, procedure and evidence used in the circuit courts of this state.
     (7) The parties may procure the attendance
of witnesses before the reference judge by the issuance and service of
subpoenas as provided in ORCP 55. If, without adequate excuse, a witness fails
to appear or give evidence, that witness may be punished as for a contempt by
the reference judge and be subjected to the consequences, penalties and
remedies provided in ORCP 55 G.
     (8) Reference judges may conduct
proceedings for the imposition of remedial sanctions under ORS 33.055, but may
not conduct proceedings for the imposition of punitive sanctions under ORS
33.065. [1983 c.704 §3; 1991 c.724 §15a; 1995 c.781 §12]
     3.312 [1961 c.724 §12; repealed by 1965 c.510 §24]
     3.314 [1961 c.724 §13; repealed by 1981 c.215 §8]
     3.315
Proposed report of reference judge; objections; final report; filings with
clerk; entry of report as judgment of court. (1) Within 20 days after the close of all evidence offered in a trial
on reference conducted under ORS 3.311, unless a later time is agreed upon by
the parties, the reference judge shall mail to each party a copy of the
proposed written report of the reference judge. The proposed report shall
contain the findings of fact and conclusions of law by the reference judge, and
the judgment thereon of the reference judge.
     (2) Within 10 days after receipt of the
copy of the proposed report, any party may serve written objections and
suggested modifications or corrections to the proposed report upon the
reference judge and the other parties. The reference judge without delay shall
consider the objections and suggestions and prepare a final written report. If
requested by any party, the reference judge shall conduct a hearing on the
proposed written report and any objections or suggested modifications or
corrections thereto before preparing the final written report.
     (3) Upon completion of the final written
report, the reference judge shall file with the clerk of the circuit court:
     (a) Copies of all original papers in the
action filed with the reference judge;
     (b) The exhibits offered and received or
rejected in the trial on reference;
     (c) The transcript of the proceedings in
the trial, if a trial court reporter was used in the trial;
     (d) The audio record of the proceedings in
the trial, if a trial court reporter was not used in the trial; and
     (e) The final written report containing
the findings of fact and conclusions of law by the reference judge, and the
judgment thereon of the reference judge.
     (4) In the interest of economy, the
presiding judge for a judicial district may allow the reference judge to file
the final written report under subsection (3) of this section without any of
the items listed in subsection (3)(a) to (d) of this section. However, the
presiding judge shall require the reference judge to file the items listed in
subsection (3)(a) to (d) of this section if timely notice of appeal of the
judgment is filed.
     (5) At the time the reference judge files
the final written report under subsection (3) of this section, the reference
judge shall mail to each party a copy of the report.
     (6) Upon receipt of the final written
report by the clerk of the court, the referral of the action shall terminate
and the presiding judge shall order the judgment contained in the report
entered as the judgment of the court in the action. Subsequent motions and
other related post-trial proceedings in the action may be conducted and
disposed of by the reference judge upon the order of the presiding judge, in
the sole discretion of the presiding judge, or may otherwise be assigned by the
presiding judge.
     (7) The judgment of the reference judge
entered as provided in subsection (6) of this section may be appealed in the
same manner as a judgment of the circuit court in a civil action. [1983 c.704 §4;
1995 c.781 §13; 2003 c.576 §231]
     3.320 [Repealed by 1981 c.215 §8]
     3.321
Compensation of reference judge; payment procedure. (1) Unless otherwise agreed by the parties,
the compensation of a reference judge to whom an action is referred under ORS
3.305 shall be an amount for each day actually engaged in the performance of
duties under the referral and in the conduct and disposition of post-trial
proceedings under ORS 3.315 (6) equal to five percent of the gross monthly
salary of a regularly elected and qualified judge of the circuit court, or
one-half of that daily compensation for services of one-half day or less.
     (2) Payment of the compensation of a
reference judge and the expense of the trial on reference before the reference
judge shall be the obligation of the parties. The obligation shall be borne
equally by the parties unless the parties agree to a different allocation.
     (3) The presiding judge for the judicial
district shall estimate the compensation of the reference judge and the expense
of the trial on reference in advance of the trial, and shall notify the parties
of the estimate. The parties shall deposit with the clerk of the court the
amount estimated by the presiding judge. The presiding judge may order the
clerk to pay a portion of the deposited amount to the reference judge during
the trial on reference. Upon termination of the referral of the action, the
reference judge shall cause to be delivered to the presiding judge and each
party a written statement of any remaining unpaid compensation and expense. The
presiding judge shall hear and decide any objection to the written statement,
and thereafter shall order payment to the reference judge or refund of any
remainder of the deposited amount accordingly. [1983 c.704 §5; 1995 c.781 §14]
     3.330 [Amended by 1971 c.108 §1; 1979 c.77 §2;
repealed by 1981 c.215 §8]
     3.340 [Repealed by 1969 c.591 §305]
     3.350 [Repealed by 1981 c.215 §8]
     3.360 [Repealed by 1981 c.215 §8]
     3.370 [Repealed by 1959 c.552 §16]
     3.380 [Amended by 1961 c.724 §14; 1973 c.484 §4;
repealed by 1981 c.215 §8]
     3.390 [Repealed by 1981 c.215 §8]
     3.400 [Repealed by 1981 c.215 §8]
FAMILY LAW
(
     3.405
Application to establish family court department; assignment of judges;
authority of judges. (1) A
family court department may be established in the circuit court of a judicial
district upon the written application of the presiding judge. The written
application must be made to the Chief Justice of the Supreme Court. Upon
receipt and approval of a written application, the Chief Justice shall
designate a date for commencing operation of the family court department in the
judicial district. The provisions of this section do not affect the ability of
a circuit court to establish specialized subject-matter departments in the
manner provided by ORS 3.225.
     (2) In every judicial district in which a
family court department is established under this section, the presiding judge
of the judicial district may assign one or more judges to serve in the family
court department.
     (3) Judges serving in the family court
department have the same jurisdiction, authority, powers, functions and duties
as any other circuit court judge and shall be elected and qualified in the same
manner as any other circuit court judge.
     (4) For the purposes of this section, “judicial
district” means a judicial district enumerated under the provisions of ORS
3.012. [1993 c.165 §1; 1995 c.658 §125]
     3.408
Matters assignable to family court department. (1) The presiding judge of the judicial
district may assign to a family court department established under ORS 3.405
all of the following matters:
     (a) Proceedings under the provisions of
ORS chapters 107, 108, 109 and 110;
     (b) Proceedings under the provisions of
ORS chapter 25;
     (c) Guardianship proceedings for minors
under the provisions of ORS chapter 125;
     (d) Juvenile court proceedings under ORS
chapters 419A, 419B and 419C;
     (e) Proceedings to commit a person with a
mental illness under the provisions of ORS chapter 426 and ORS 430.397 to
430.401;
     (f) Probate proceedings under ORS chapters
111, 112, 113, 114, 115, 116 and 117; and
     (g) Any other proceeding in which a family
is involved.
     (2) In addition to the matters specified
in subsection (1) of this section, the presiding judge of the judicial district
may assign to a family court department any criminal proceeding that involves
domestic violence or other crime between family members. [1993 c.165 §2; 1995
c.608 §19; 1995 c.664 §67; 1995 c.781 §15; 1995 c.800 §7; 1999 c.1081 §1; 2007
c.70 §3]
     3.410 [Amended by 1955 c.715 §3; 1959 c.557 §6;
repealed by 1961 c.724 §34]
     3.411 [1961 c.724 §15; 1965 c.618 §9; 1967 c.531 §3;
1967 c.533 §11; 1971 c.640 §2; repealed by 1981 c.215 §8]
     3.412
Chief family court judge. If
there is more than one judge assigned to a family court department for the
judicial district, the presiding judge of the judicial district may designate
one of the judges as the chief family court judge. [1993 c.165 §3]
     3.414
Assignment of matters relating to same child. Upon assignment to the family court department of the cases specified
in ORS 3.408, the presiding judge of the judicial district shall insure, when
reasonable and appropriate, that all cases that involve the same minor child be
assigned to the same judge. [1993 c.165 §4]
     3.417
Coordination of services.
The presiding judge of the judicial district may establish procedures for
coordinating all services that may be available to persons who are or who may
become parties in the proceedings specified in ORS 3.408. [1993 c.165 §5]
     3.420
Abolishment of family court department. At any time after the establishment of a family court department under
ORS 3.405, the family court department shall be abolished if the presiding
judge of the judicial district makes written application to the Chief Justice
of the Supreme Court requesting that the family court department for that
judicial district be abolished. [1993 c.165 §6; 1995 c.658 §126]
     3.423
Family court department rules.
The Chief Justice of the Supreme Court may promulgate court rules for family
court departments established under ORS 3.405. [1993 c.165 §7]
     3.425
Family law education programs.
(1) The family court department or, if there is no family court department, the
presiding judge or designee of each circuit court may establish an education
program designed to inform parents about the impact of family restructuring on
children when the parent is a named party in any of the following proceedings:
     (a) An annulment or dissolution of
marriage action.
     (b) A legal separation action.
     (c) A petition to establish custody or
parenting time.
     (d) Post-judgment litigation involving
custody or parenting time.
     (2) An education program established under
subsection (1) of this section must include, but need not be limited to,
information about:
     (a) The emotional impact of a dissolution
of marriage or a separation on children at different developmental stages.
     (b) Parenting during and after a
dissolution of marriage or a separation.
     (c) Custody, parenting time and shared
parenting plans.
     (d) The effect on children of parental
conduct including, but not limited to, long distance parenting.
     (e) Mediation and conflict resolution.
     (3) The family court department or, if
there is no family court department, the presiding judge or designee of each
circuit court may establish an education program designed to provide information
about dissolution law and legal procedures, mediation and other dispute
resolution alternatives to persons seeking to annul or dissolve a marriage or
to separate from each other. The program must include, but need not be limited
to, information about:
     (a) Shared parenting plans.
     (b) Division of marital property.
     (c) Spousal and child support.
     (d) Court procedures and time
requirements.
     (e) Litigation, mediation and conflict
resolution.
     (f) The role of attorneys in mediation.
     (4) The court may order the parties in any
action listed in subsection (1) of this section to participate in education
programs described in this section unless:
     (a) Subject to the approval of the court,
the parties agree not to participate;
     (b) On motion of either party or on its
own motion, the court determines that participation is unnecessary; or
     (c) With prior approval of the court, the
parties select and participate in comparable education programs.
     (5) The court may not require both parties
to attend an education program established under this section at the same time.
     (6)(a) The family court department or, if
there is no family court department, the presiding judge or designee of each
circuit court shall designate the program providers for the education programs.
     (b) A program provider may charge a person
a reasonable fee to attend education programs. A program provider may not
exclude a person from attending education programs due to an inability to pay
the fee if the court has indicated that the person is indigent or otherwise
unable to pay the fee.
     (c) A program provider shall issue a
certificate of completion to a participant when the participant has
satisfactorily completed the education programs. A certificate of completion
must be filed with the court prior to the entry of the judgment in the action. [1995
c.800 §10(1),(2),(3); 1997 c.249 §2; 1997 c.707 §4; 1999 c.59 §3; 2003 c.576 §271]
(Family Law
Facilitation Programs)
     3.428
Family law facilitation programs. (1) A family law facilitation program may be established by the judges
of the family court department of a circuit court. If there is no family court
department for the court, a family law facilitation program may be established
for a circuit court by the presiding judge for the judicial district. A family
law facilitation program shall be designed to assist litigants in domestic
relations or other family court proceedings described in ORS 3.408. The program
shall be developed in consultation with the local family law advisory committee
established for the judicial district under ORS 3.434. The program shall
operate under the supervision of the family court department or, if there is no
family court department, under the supervision of the presiding judge for the
judicial district. Services under the program shall be provided by court
personnel in facilities under the supervision and control of the family court
department or, if there is no family court department, under the supervision
and control of the presiding judge for the judicial district. The program may
provide:
     (a) Educational materials.
     (b) Court forms.
     (c) Assistance in completing forms.
     (d) Information about court procedures.
     (e) Referrals to agencies and resources
that provide legal and other services to parents or children.
     (2) All materials, forms, instructions and
referral lists provided through the program must be approved by the family
court department or, if there is no family court department, by the presiding
judge for the judicial district.
     (3) Except for those fees authorized for
forms under ORS 21.361, services provided through the program shall be provided
without charge.
     (4) An employee or other person providing
services to litigants through a family law facilitation program as provided in
this section is not engaged in the practice of law for the purposes of ORS
9.160.
     (5) Except as provided in subsection (6)
of this section, an employee or other person who assisted litigants through a
family law facilitation program may not, for a period of one year after leaving
the program, charge or collect any fee from a litigant for services relating to
a matter that was the subject of assistance under the program.
     (6) The prohibition of subsection (5) of
this section does not apply to persons admitted to the practice of law in this state.
[1999 c.1095 §1]
(Family Court
Advocate Programs)
     3.430
Family court advocate programs; goals; duties. (1) The Judicial Department shall establish
family court advocate programs in counties specified in subsection (4) of this
section. The programs shall be designed to develop an efficient system for
providing integrated, family-focused prevention and intervention services to
at-risk families identified by the family courts in those counties, and to
coordinate available human services and community resources with the family
courts in those counties, both for the purpose of court proceedings and for the
purpose of preventing the types of problems that eventually lead to involvement
with the judicial system.
     (2) The family court advocate programs implemented
under this section shall emphasize the following goals:
     (a) Protection of children.
     (b) Successful completion of family plans
designed by the programs.
     (c) Improved linkage between the family
court and community services.
     (d) Improvements in the functioning of
each family that is provided services by the programs.
     (e) Decreased caseload in the courts of
this state in matters relating to families.
     (f) Integration of family services.
     (g) Identification of and referral to
alternatives to court proceedings.
     (3) The family court advocate programs
shall:
     (a) Coordinate services that are available
to persons who are parties in proceedings before the family court, or who may
become parties in proceedings before the family court.
     (b) Assist human services agencies in
efforts made by those agencies to collaborate with the family court.
     (c) Assist circuit court judges in viewing
litigation involving families with a focus on the family instead of viewing the
parties as individual litigants.
     (d) Intervene with at-risk families who do
not receive governmental assistance.
     (e) Research, identify and advocate new
programs that will improve the use of family courts.
     (4) Family court advocate programs shall
be established in
     3.432
Judicial education program on establishment and management of family court
departments. The State Court
Administrator shall implement an education program for state judges that
emphasizes issues and problems encountered in the establishment and management
of family court departments. The program shall provide education on the manner
in which family court departments may be established, and shall identify means
of removing obstacles to the establishment of family court departments. The
program shall provide recommendations for improving the quality of service
provided by family court departments. The program may provide specific instruction
in issues arising under the different proceedings conducted in family court
departments. [1997 c.593 §2]
(Coordination
of Services to Families in Family Law Cases)
     3.434
Adoption of coordination plan for services; local family law advisory committees;
plan contents. (1) No later
than January 1, 1999, the presiding judge of each judicial district shall adopt
a plan to coordinate the provision of services to families involved in domestic
relations or other family court proceedings.
     (2) The presiding judge of the judicial
district shall establish a local family law advisory committee for the judicial
district. The committee will prepare the plan required by subsection (1) of
this section. The membership of the local advisory committee must reflect the
diversity of the judicial district and must include, in addition to the
presiding judge or a judge designated by the presiding judge, the trial court
administrator and business, social service, community and government
representatives who must be knowledgeable in family and family law issues. In
judicial districts composed of more than one county, the presiding judge may
establish a local advisory committee in each county or establish one or more
committees to serve multiple counties.
     (3)(a) At a minimum, the local family law
advisory committee shall address the following in the plan:
     (A) Mandates for mediation of child
custody or parenting time disputes, requiring each party to attend either a
group or private mediation orientation session;
     (B) Methods of coordinating cases when the
same child or family is involved in multiple cases; and
     (C) The need for, and provision of,
conciliation services, mediation services, child custody evaluations, parent
education and visitation services.
     (b) The local advisory committee may
include other elements in the plan, including but not limited to:
     (A) The need for, and provision of,
services relating to prevention and early intervention; and
     (B) The use of settlement options such as
mediation, conciliation, arbitration and settlement conferences.
     (c) The local advisory committee shall
include in the plan a list of mediators qualified to provide mediation in cases
involving spousal support and division of property issues. Once the list is
developed, the judicial district shall maintain the list.
     (4) The local family law advisory
committee shall present the plan to the county governing body of each county
within the judicial district and to the presiding judge of the judicial
district for their approval. The local advisory committee shall send copies of
the plan to the Chief Justice of the Supreme Court and those members of the
Oregon House of Representatives and the Oregon Senate who represent the areas
within the judicial district.
     (5) The local family law advisory
committee may assist in implementing, monitoring and revising the plan. The
local advisory committee, working in conjunction with legal service providers,
may coordinate access to family law resources, including family law
facilitation and other services. [1997 c.801 §135; 1999 c.1081 §8; 2007 c.71 §3]
     3.436
Appointment of statewide family law advisory committee. (1) The Chief Justice of the Supreme Court
may appoint a statewide family law advisory committee to assist the State Court
Administrator in carrying out the administratorÂ’s responsibilities under ORS
3.438 (2) and (4)(a) and in identifying family law issues that need to be
addressed in the future. The Chief Justice shall consider the diversity of this
state in appointing the members of the statewide advisory committee.
     (2) The Chief Justice shall determine the
terms and organization of the statewide advisory committee.
     (3) Members of the statewide advisory
committee are not entitled to compensation, but may be reimbursed from funds
available to the State Court Administrator from the Family Law Account for
actual and necessary travel expenses incurred by them in the performance of
their official duties. [1997 c.801 §136; 2001 c.779 §18]
     3.438
Duties of State Court Administrator. To the extent that adequate funds are available from the Family Law
Account established under ORS 3.440, the State Court Administrator:
     (1) Shall hire a director of family court
services and sufficient staff, whose compensation must come solely from the
Family Law Account, and may delegate to the director of family court services
any of the duties listed in subsections (2) to (6) of this section.
     (2) Shall administer the Family Law
Account demonstration grant program for funding implementation of new,
innovative family court services within this state. The State Court
Administrator may not fund services under the demonstration grant program for a
period exceeding 24 months. The statewide family law advisory committee shall
review all applicant programs and shall recommend programs for approval to the
Chief Justice of the Supreme Court.
     (3) Shall compensate the per diem expenses
of the members of the statewide family law advisory committee from the Family
Law Account.
     (4)(a) Shall plan and implement an annual
statewide conference to:
     (A) Review legislation relating to family
law issues;
     (B) Provide family law training;
     (C) Review elements of successful family
law programs; and
     (D) Foster the development of enhanced
services to families involved in proceedings before the court.
     (b) May pay the expenses of program
development and production for program sessions and materials for the statewide
conference from the Family Law Account. The State Court Administrator shall
credit any receipts from registration or materials fees charged to the Family
Law Account.
     (5) Shall pay the expenses of the Family
Law Legal Services Commission.
     (6) Shall carry out other activities in
support of the statewide and local family law advisory committees determined by
the State Court Administrator to be necessary to achieve the purposes of ORS
3.434 to 3.440. [1997 c.801 §137]
     3.440
Family Law Account. The
Family Law Account is established as an account in the General Fund. All moneys
in the account are appropriated and constitute a continuous appropriation out
of the General Fund to the State Court Administrator for the purposes of ORS
3.436 and 3.438. The State Court Administrator may accept and deposit into the
account contributions of funds and assistance from the
DRUG COURT
PROGRAMS
     3.450
Drug court programs; fees; records. (1) As used in this section, “drug court program” means a program in
which:
     (a) Individuals who are before the court
obtain treatment for substance abuse issues and report regularly to the court
on the progress of their treatment; and
     (b) A local drug court team, consisting of
the court, agency personnel and treatment and service providers, monitors the
individualsÂ’ participation in treatment.
     (2)(a) The governing body of a county or a
treatment provider may establish fees that individuals participating in a drug
court program may be required to pay for treatment and other services provided
as part of the drug court program.
     (b) A court may order an individual
participating in a drug court program to pay fees to participate in the
program. Fees imposed under this subsection may not be paid to the court.
     (3) Records that are maintained by the
circuit court specifically for the purpose of a drug court program must be
maintained separately from other court records. Records maintained by a circuit
court specifically for the purpose of a drug court program are confidential and
may not be disclosed except in accordance with regulations adopted under 42
U.S.C. 290dd-2, including under the circumstances described in subsections (4)
to (6) of this section.
     (4) If the individual who is the subject
of the record gives written consent, a record described in subsection (3) of
this section may be disclosed to members of the local drug court team in order
to develop treatment plans, monitor progress in treatment and determine
outcomes of participation in the drug court program.
     (5) A record described in subsection (3)
of this section may not be introduced into evidence in any legal proceeding
other than the drug court program unless:
     (a) The individual who is the subject of
the record gives written consent for introduction of the record; or
     (b) The court finds good cause for
introduction. In determining whether good cause exists for purposes of this
paragraph, the court shall weigh the public interest and the need for
disclosure against the potential injury caused by the disclosure to:
     (A) The individual who is the subject of
the record;
     (B) The individual-physician relationship;
and
     (C) The treatment services being provided
to the individual who is the subject of the record.
     (6) A court, the State Court Administrator
or the Oregon Criminal Justice Commission may use records described in
subsection (3) of this section and other drug court program information to
track and develop statistics about the effectiveness, costs and other areas of
public interest concerning drug court programs. A court, the State Court
Administrator or the Oregon Criminal Justice Commission may release statistics
developed under this subsection and analyses based on the statistics to the
public. Statistics and analyses released under this subsection may not contain
any information that identifies an individual participant in a drug court
program. [2003 c.385 §1; 2005 c.706 §25]
     3.510 [1959 c.549 §1; 1961 c.465 §1; repealed by
1975 c.706 §10]
     3.520 [1959 c.549 §2; repealed by 1975 c.706 §10]
     3.530 [1959 c.549 §3; repealed by 1975 c.706 §10]
     3.540 [1959 c.549 §4; repealed by 1975 c.706 §10]
     3.550 [1959 c.549 §5; repealed by 1975 c.706 §10]
     3.560 [1959 c.549 §6; 1961 c.465 §2; 1965 c.521 §1;
1969 c.198 §33; 1969 c.269 §1; 1971 c.213 §1; repealed by 1975 c.706 §10]
     3.570 [Formerly 3.110 and then 3.102; 1965 c.521 §2;
1969 c.269 §2; 1971 c.213 §2; repealed by 1975 c.706 §10]
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