2007 Oregon Code - Chapter 8 :: Chapter 8 - Court Officers and District Attorneys
Chapter 8 — Court
Officers and District Attorneys
2007 EDITION
COURT OFFICERS AND DISTRICT ATTORNEYS
COURTS OF RECORD; COURT OFFICERS; JURIES
JUDICIAL DEPARTMENT STAFF
8.100Â Â Â Â Â Â Â Â Authority
of Judicial Department to require fingerprints
STATE COURT ADMINISTRATOR; COURT STAFF
8.110Â Â Â Â Â Â Â Â State
Court Administrator; appointment; term; duties
8.120Â Â Â Â Â Â Â Â Duties
as court administrator for Supreme Court and Court of Appeals; delegation
8.125Â Â Â Â Â Â Â Â Duties
to assist Chief Justice and other courts
8.130Â Â Â Â Â Â Â Â Fees
payable to State Treasurer
8.150Â Â Â Â Â Â Â Â Appointment
and compensation of employees
8.155Â Â Â Â Â Â Â Â Bailiffs
of higher courts
8.160Â Â Â Â Â Â Â Â Administrator
and staff not to engage in private practice of law
8.170Â Â Â Â Â Â Â Â Status
of court officers and employees
TRIAL COURT ADMINISTRATORS AND STAFF
8.185Â Â Â Â Â Â Â Â Trial
court administrator for judicial district
8.195Â Â Â Â Â Â Â Â Appointment
of trial court administrators; removal
8.225Â Â Â Â Â Â Â Â Duties
of trial court administrator; delegation; transcript coordinator
8.235Â Â Â Â Â Â Â Â Trial
court administrators as state employees
8.245Â Â Â Â Â Â Â Â Trial
court administrators and other personnel not to engage in private practice of
law
8.255Â Â Â Â Â Â Â Â Agreement
between state and county to provide services with county employees; payment to
county; supervision of employees
COLLECTIVE BARGAINING
8.270Â Â Â Â Â Â Â Â Collective
bargaining rights of court administrators and staff
REPORTERS AND REPORTS
8.340Â Â Â Â Â Â Â Â ReporterÂ’s
duties
8.350Â Â Â Â Â Â Â Â Transcript
of testimony
8.360Â Â Â Â Â Â Â Â Certified
report as prima facie correct; reading as deposition; proceedings where
reporter has ceased to be official reporter
CERTIFIED SHORTHAND REPORTERS
8.415Â Â Â Â Â Â Â Â Definitions
for ORS 8.415 to 8.455
8.420Â Â Â Â Â Â Â Â Qualifications
and certification of shorthand reporters
8.430Â Â Â Â Â Â Â Â Certification
speed requirements
8.435Â Â Â Â Â Â Â Â Certificate
of certified shorthand reporter; prohibition on use of title “certified
shorthand reporter” unless certified
8.440Â Â Â Â Â Â Â Â Grounds
for revocation, suspension or refusal to issue certificate
8.445Â Â Â Â Â Â Â Â Fees
8.450Â Â Â Â Â Â Â Â Disposition
of fees and other revenues
8.455Â Â Â Â Â Â Â Â Advisory
committee, membership; terms
DISTRICT ATTORNEYS
8.610Â Â Â Â Â Â Â Â Election
and term of office
8.620Â Â Â Â Â Â Â Â Filing
certificate of election
8.630Â Â Â Â Â Â Â Â Qualifications;
general powers and duties
8.640Â Â Â Â Â Â Â Â Filling
vacancies in office
8.650Â Â Â Â Â Â Â Â District
attorney as public prosecutor
8.660Â Â Â Â Â Â Â Â Attending
court and prosecuting offenses
8.665Â Â Â Â Â Â Â Â Prosecuting
violations
8.670Â Â Â Â Â Â Â Â Proceedings
before magistrates and grand jury
8.675Â Â Â Â Â Â Â Â Priority
given to administration of laws relating to public assistance and enforcement
of support
8.680Â Â Â Â Â Â Â Â Prosecuting
and collecting penalties and forfeitures; prosecuting and defending for state
8.685Â Â Â Â Â Â Â Â Assisting
juvenile court; right to appear
8.690Â Â Â Â Â Â Â Â Advising
and representing county officers and employees
8.700Â Â Â Â Â Â Â Â Register
to be kept
8.710Â Â Â Â Â Â Â Â Disqualification;
appointment of special district attorney
8.720Â Â Â Â Â Â Â Â Receiving
private fee in criminal action; acting as attorney in civil action involving
same controversy
8.726Â Â Â Â Â Â Â Â District
attorneys and deputies prohibited from engaging in private practice of law;
exception
8.730Â Â Â Â Â Â Â Â Partner
prosecuting or defending certain cases
8.760Â Â Â Â Â Â Â Â Deputies
may be authorized and paid by county
8.780Â Â Â Â Â Â Â Â Appointment
of deputies; qualifications; duties
8.790Â Â Â Â Â Â Â Â Compensation
of district attorney and deputies limited to salaries
8.830Â Â Â Â Â Â Â Â Additional
compensation from county for district attorney and deputies paid by state
8.850Â Â Â Â Â Â Â Â Offices,
supplies and stenographic assistance for district attorneys and deputies
8.852Â Â Â Â Â Â Â Â Salary
plan for district attorneys
     8.010 [Amended by 1953 c.382 §4; 1969 c.198 §36; 1983 c.763 §28; renumbered
8.155]
     8.020 [Amended by 1965 c.225 §1; 1981 c.126 §1;
1981 s.s.1 c.3 §23; repealed by 1983 c.77 §1]
     8.030 [Repealed by 1983 c.77 §1]
     8.060 [Formerly 2.350; repealed by 1971 c.193 §30]
     8.070 [1965 c.328 §1; 1975 c.260 §1; 1977 c.594 §1;
repealed by 1981 s.s.1 c.3 §141]
     8.075 [1977 c.594 §3; repealed by 1981 s.s.1 c.3 §141]
JUDICIAL
DEPARTMENT STAFF
     8.100
Authority of Judicial Department to require fingerprints. For the purpose of requesting a state or
nationwide criminal records check under ORS 181.534, the Judicial Department
may require the fingerprints of a person who:
     (1) Is employed or applying for employment
by the department; or
     (2) Provides services or seeks to provide
services to the department as a contractor, vendor or volunteer. [2005 c.730 §51]
STATE COURT
ADMINISTRATOR; COURT STAFF
     8.110
State Court Administrator; appointment; term; duties. (1) The office of State Court Administrator
is established.
     (2) The Chief Justice of the Supreme Court
shall appoint after conferring with and seeking the advice of the Supreme
Court, may remove at pleasure and shall fix the compensation of the State Court
Administrator.
     (3) The State Court Administrator shall
perform the duties, powers and functions of the office under the supervision
and subject to the direction of the Chief Justice of the Supreme Court. [Amended
by 1953 c.382 §4; 1971 c.193 §1; 1981 s.s. c.1 §12]
     8.120
Duties as court administrator for Supreme Court and Court of Appeals;
delegation. (1) The State
Court Administrator shall, for the Supreme Court and Court of Appeals:
     (a) Act as court administrator for the
court.
     (b) Keep the seal of the court, and affix
it in all cases required by law.
     (c) Record the proceedings of the court.
     (d) Keep the records, files, books and
documents pertaining to the court.
     (e) File all documents delivered to the
administrator for that purpose in any action or proceeding in the court.
     (f) Attend the terms of the court, unless
excused by the court, and administer oaths.
     (g) Under the direction of the court enter
its orders and judgments.
     (h) Authenticate, by certificate or
transcript, as may be required, the records, files or proceedings of the court,
or any document pertaining thereto, and filed with the administrator.
     (i) In the performance of duties
pertaining to the court, conform to the direction of the court.
     (2) The State Court Administrator may
delegate powers of the office of State Court Administrator to officers and
employees of the Judicial Department designated by the State Court
Administrator in writing. [Amended by 1971 c.193 §2; 1981 s.s. c.1 §13; 1985
c.540 §21; 1995 c.273 §3; 2003 c.518 §4; 2007 c.129 §7]
     8.125
Duties to assist Chief Justice and other courts. The State Court Administrator shall, to the
extent directed by the Chief Justice of the Supreme Court:
     (1) Assist the Chief Justice in exercising
administrative authority and supervision under ORS 1.002.
     (2) Consistent with applicable provisions
of law and rules made thereunder:
     (a) Supervise the personnel plan for
officers, other than judges, and employees of the courts of this state who are
state officers or employees.
     (b) Prescribe the form and content and
supervise the preparation of consolidated budgets, for submission to the
Legislative Assembly, applicable to expenditures made and revenues received by
the state in respect to the courts of this state.
     (c) Supervise an accounting system for the
recording, monitoring and auditing of expenditures made and revenues received
by the state in respect to the courts of this state.
     (d) Establish and maintain inventory
records of property of the state in the custody or control of the courts of
this state or any judge, other officer or employee thereof.
     (3) Conduct a continuing survey of the
administrative methods and activities, records, business and facilities of the
courts of this state and make recommendations to the Chief Justice based on the
survey.
     (4) Collect and compile statistical and
other data relating to the courts of this state and municipal courts, including
the caseload, workload, performance, status, management, expenses and revenues
of those courts, and make reports on the business and condition of those
courts.
     (5) Establish and supervise a statewide
public information service concerning the courts of this state.
     (6) Establish and supervise education
programs for judges, other officers and employees of the courts of this state
and municipal courts pertinent to the performance of the functions of those
judges, other officers and employees.
     (7) Provide to the judges, other officers
and employees of the courts of this state, to attorneys and to the public
appropriate assistance services relating to the administration and management
of the courts of this state.
     (8) Prepare and maintain a continuing
long-range plan for improvement and future needs of the courts of this state.
     (9) Supervise and maintain the law
libraries of the judicial department of government of this state, including the
State of
     (10) Enter into contracts on behalf of the
Judicial Department, including but not limited to financing agreements entered
into pursuant to ORS 283.087.
     (11) Prescribe minimum retention schedules
and standards for all records of the state courts and the administrative
offices of the state courts, including but not limited to minimum retention
schedules and standards for registers, dockets, indexes, files, citations,
notes, audio records, video records, stenographic records, exhibits, jury
records and fiscal and administrative documents, whether maintained in paper,
micrographic, electronic or other storage form. The State Court Administrator
shall ensure that the minimum record retention schedules and standards
prescribed under this subsection conform with policies and standards established
by the State Archivist under ORS 192.105, 357.825 and 357.835 (1) for public
records valued for legal, administrative or research purposes. [1981 s.s. c.1 §15;
1985 c.308 §1; 1991 c.790 §19; 1995 c.244 §1; 1999 c.787 §2; 2001 c.779 §5]
     8.130
Fees payable to State Treasurer. Unless otherwise provided by law, all fees and other moneys collected
by the State Court Administrator shall be paid to the State Treasurer promptly,
and shall be deposited in the General Fund available for general governmental expenses.
[Amended by 1971 c.193 §3; 1981 s.s. c.1 §16]
     8.140 [Amended by 1971 c.193 §4; repealed by 1981
s.s. c.1 §25]
     8.150
Appointment and compensation of employees. The State Court Administrator, with the approval of the Chief Justice
of the Supreme Court, may appoint and shall fix the compensation of employees
to perform or assist in the performance of duties, powers and functions of the
administrator. [Amended by 1971 c.193 §5; 1981 s.s. c.1 §17]
     8.155
Bailiffs of higher courts.
(1) Bailiffs for the Supreme Court and the Court of Appeals shall be appointed
under a personnel plan established by the Chief Justice of the Supreme Court.
The bailiffs shall be executive officers of the respective courts.
     (2) Process in cases of original
jurisdiction in the Supreme Court may be executed by the bailiff or any sheriff
of the state as directed by the court. [Formerly 8.010]
     8.160
Administrator and staff not to engage in private practice of law. The State Court Administrator and employees
of the administrator shall not engage in the private practice of law. [Amended
by 1953 c.382 §4; 1971 c.193 §6; 1981 s.s. c.1 §18]
     8.170
Status of court officers and employees. Officers and employees of the Supreme Court, Court of Appeals and
Oregon Tax Court, and employees of the State Court Administrator, who are
appointed under a personnel plan established by the Chief Justice of the
Supreme Court are state officers or employees in the exempt service and not
subject to ORS chapter 240. However, such personnel shall have the right to be
dismissed only for just cause after hearing and appeal. [1983 c.763 §27]
     8.172 [1995 c.658 §146; repealed by 2001 c.823 §24
(1.204 enacted in lieu of 8.172)]
TRIAL COURT
ADMINISTRATORS AND STAFF
     8.185
Trial court administrator for judicial district. Unless otherwise ordered by the Chief
Justice of the Supreme Court, there shall be a trial court administrator for
each judicial district described in ORS 3.012. The Chief Justice may order that
one trial court administrator serve for two or more adjoining judicial
districts. [1981 s.s. c.3 §8; 1995 c.658 §17; 1997 c.801 §115]
     8.195
Appointment of trial court administrators; removal. (1) Subject to applicable provisions of a
personnel plan established by the Chief Justice of the Supreme Court, a person
to serve as trial court administrator for:
     (a) One judicial district shall be
appointed by the presiding judge for the judicial district, with the approval
of a majority of the circuit court judges in the district.
     (b) The circuit court in a judicial
district shall be appointed by the presiding judge for the judicial district,
with the approval of a majority of the circuit court judges.
     (c) Two or more adjoining judicial
districts shall be appointed by the presiding judges for the judicial
districts, with the approval of a majority of the circuit court judges in the
districts.
     (2) A trial court administrator may be
removed from the office by the appointing presiding judge as provided in a
personnel plan established by the Chief Justice of the Supreme Court. [1981
s.s. c.3 §9; 1995 c.658 §18; 1995 c.781 §18]
     8.205 [1981 s.s. c.3 §10; 1995 c.658 §19; repealed
by 1997 c.801 §131]
     8.210 [Repealed by 1973 c.781 §4]
     8.215 [1981 s.s. c.3 §11; 1995 c.658 §20a; 1995
c.781 §19; repealed by 1997 c.801 §131]
     8.220 [Repealed by 1973 c.781 §4]
     8.225
Duties of trial court administrator; delegation; transcript coordinator. (1) The trial court administrator for a
judicial district has the duties, powers and functions prescribed by law or by
rules of the circuit courts in the district.
     (2) A trial court administrator shall, for
each court served by the officer:
     (a) Keep the seal of the court, and affix
it in all cases required by law.
     (b) Record the proceedings of the court.
     (c) Maintain the records, files, books and
other documents pertaining to the court.
     (d) File all documents delivered to the
trial court administrator in any action or proceeding in the court.
     (e) Attend the terms of the court,
administer oaths and receive the verdict of a jury in any action or proceeding
therein, in the presence and under the direction of the court.
     (f) Under the direction of the court enter
its orders and judgments.
     (g) Authenticate, by certificate or
transcript, as may be required, the records, files or proceedings of the court,
or any document pertaining thereto, and filed with the officer.
     (h) In the performance of duties
pertaining to the court, conform to the direction of the court.
     (3) A trial court administrator may take
and certify the proof and acknowledgment of a conveyance of real property or
any other written instrument authorized or required to be proved or
acknowledged.
     (4) A trial court administrator may
delegate powers of the office of trial court administrator to employees of the
trial court administrator.
     (5) A trial court administrator shall
designate a person to act as transcript coordinator for the court. [1981 s.s.
c.3 §12; 1985 c.540 §22; 1993 c.223 §1; 1995 c.273 §4; 1997 c.801 §§117,117a;
2007 c.129 §8]
     8.235
Trial court administrators as state employees. Trial court administrators appointed under
ORS 8.195 and other nonjudicial officers and employees of the circuit courts
who are appointed under a personnel plan established by the Chief Justice of
the Supreme Court are state officers or employees in the exempt service and not
subject to ORS chapter 240. However, such personnel shall retain the right to
be dismissed only for just cause after hearing and appeal. [1981 s.s. c.3 §13;
1997 c.801 §118]
     8.245
Trial court administrators and other personnel not to engage in private
practice of law. Trial court
administrators appointed under ORS 8.195 and other nonjudicial officers and
employees of the circuit courts who are appointed under a personnel plan
established by the Chief Justice of the Supreme Court shall not engage in the
private practice of law. [1981 s.s. c.3 §15; 1997 c.801 §119]
     8.255
Agreement between state and county to provide services with county employees;
payment to county; supervision of employees. (1) The State Court Administrator, on behalf of the state, and the
governing body of a county, on behalf of the county, may enter into an
agreement whereby services required to be provided by the state for the circuit
court for the county are provided by employees of the county, instead of by
state officers and employees, and the expenses of the county in providing those
services are paid to the county by the state from funds available for the
purpose.
     (2) County employees providing services
under an agreement shall be under the supervision and control of the trial
court administrator appointed under ORS 8.195. County employees providing
services under an agreement are not thereby state employees. County employees
providing services under an agreement shall not engage in the private practice
of law.
     (3) With the prior approval of the State
Court Administrator, a trial court administrator appointed under ORS 8.195, on
behalf of the state, and the governing body of a county, on behalf of the
county, may enter into an agreement under this section in respect to services
for a circuit court for the county served by the trial court administrator. [1981
s.s. c.3 §16; 1995 c.781 §20; 1997 c.801 §120]
     8.260 [1953 c.34 §6; repealed by 1959 c.552 §16]
COLLECTIVE
BARGAINING
     8.270
Collective bargaining rights of court administrators and staff. All officers and employees of the courts of
this state who are referred to in ORS 8.170 and 8.235 are subject to collective
bargaining to the extent provided in ORS 243.650 to 243.782, and ORS 8.170 and
8.235 shall not be construed to reduce or eliminate any collective bargaining
rights those officers and employees may have under ORS 243.650 to 243.782. [1983
c.763 §27a]
     8.310 [Amended by 1965 c.369 §1; 1967 c.229 §1;
1971 c.565 §2; 1981 c.126 §2; repealed by 1981 s.s. c.3 §141]
     8.320 [Amended by 1971 c.565 §3; repealed by 1981
s.s. c.3 §141]
     8.330 [Repealed by 1981 s.s. c.3 §141]
REPORTERS AND
REPORTS
     8.340
ReporterÂ’s duties. (1) It is
the duty of each official reporter of the circuit court, justice court or
municipal court to attend the court for which the reporter is appointed at such
times as the judge or justice of the peace may direct.
     (2) A circuit court reporter shall be
appointed under a personnel plan established by the Chief Justice of the
Supreme Court. Reporters for a justice or municipal court are not subject to
this subsection.
     (3) A reporter is an officer of the court
in which the reporter serves and of any court to which an appeal is made
whenever the reporter has recorded the proceedings that are the subject of the
appeal.
     (4) Upon the trial or hearing of any
cause, the judge or justice of the peace upon the motion of the judge or
justice of the peace may, and upon the request of either party shall, order a
report of the proceedings. The reporter shall, in the manner provided in
subsection (5) of this section, make a report of the oral testimony and other
proceedings of the trial or hearing to the extent required by the court or by
the requesting party.
     (5) When a report is required, the
reporter shall:
     (a) Take accurate notes by shorthand or by
means of a mechanical or electronic typing device; or
     (b) Make audio records pursuant to
policies and procedures established by the State Court Administrator.
     (6) The notes or audio records of the
official reporter or a reporter providing services under subsection (7) of this
section shall be filed in the office of the clerk of the court subject to the
provisions of ORS 7.120 and except as provided in ORS 19.385.
     (7)(a) In any circuit court proceeding in
which the court uses audio recording or video recording, any party may, with
reasonable notice to the trial court, arrange for the reporting of the
proceeding by stenographic means. A reporter providing stenographic reporting
services under this paragraph shall be certified in shorthand reporting under
ORS 8.415 to 8.455 or by a nationally recognized certification program. The
party arranging for reporting of the proceeding by stenographic means must
provide the court with the name of the reporter and an address and telephone
number where the reporter may be contacted.
     (b) If all parties to the proceedings
agree, the stenographic reporting of the proceedings by a reporter arranged for
by a party may be used by the parties during the proceedings.
     (c) If all parties to the proceedings
agree, the stenographic reporting of the proceedings by a reporter arranged for
by a party is the official record of the proceedings for the purpose of a
transcript on appeal. For all other purposes, the official record of the
proceedings shall be the record produced by the reporting technique used by the
court, unless otherwise ordered by the court.
     (d) Unless other parties agree to pay all
or part of the cost of the reporter, the party arranging for the reporting of
the proceeding by stenographic means under this subsection must pay all costs
of the reporter and the cost of providing copies of the transcript to the
court. [Amended by 1955 c.497 §2; 1971 c.565 §4; 1975 c.481 §2; 1981 s.s. c.3 §24;
1985 c.496 §9; 1985 c.540 §42; 1989 c.1009 §1; 1995 c.244 §5; 1999 c.682 §9;
2007 c.394 §1]
     8.350
Transcript of testimony.
When a report of the proceedings, or any part thereof, has been made in any
case as provided in ORS 8.340, if the court or either party to the suit or
action or the partyÂ’s attorney requests a transcript of the notes or audio
records into longhand, the official reporter shall cause full and accurate
typewritten transcripts to be made of the testimony or other proceedings, which
shall, when certified to as provided in ORS 8.360, be filed with the clerk of
the court where such cause was tried or heard, for the use of the court or
parties. [Amended by 1955 c.497 §3; 1985 c.496 §10; 1985 c.540 §43]
     8.360
Certified report as prima facie correct; reading as deposition; proceedings
where reporter has ceased to be official reporter. (1) The report of the official reporter,
when transcribed and certified to as being a correct transcript of the notes or
audio records of the testimony, exceptions taken, charge of the judge, and
other proceedings in the matter, shall be prima facie a correct statement
thereof, and may thereafter be read in evidence as the deposition of a witness.
     (2) When the official reporter in any
cause has ceased to be the official reporter of that court, any transcript made
from the notes or audio records by the former official reporter, or made by a
competent person under direction of the court, and duly certified to by the
maker, under oath, as a full, true and complete transcript of the notes or
audio records, shall have the same force and effect as though certified in the
same manner by the official reporter. [Amended by 1955 c.497 §4; 1979 c.284 §42;
1985 c.540 §44]
     8.370 [Amended by 1953 c.566 §2; repealed by 1959
c.445 §1]
     8.372 [Formerly part of 8.381; repealed by 1981
s.s. c.3 §141]
     8.375 [Formerly part of 8.381; repealed by 1981
s.s. c.3 §141]
     8.377 [Formerly part of 8.381; 1981 c.759 §9;
repealed by 1981 s.s. c.3 §141]
     8.379 [Formerly part of 8.381; 1971 c.144 §1; 1971
c.390 §1; repealed by 1981 s.s. c.3 §141]
     8.380 [Amended by 1953 c.550 §22; 1957 c.666 §1;
1957 c.713 §15; 1959 c.509 §1; repealed by 1961 c.447 §1]
     8.381 [1961 c.447 §3; 1965 c.369 §2; 1967 c.532 §6;
1967 c.533 §16; parts renumbered 8.372, 8.375, 8.377, 8.379, 8.383, 8.385 and
8.387]
     8.383 [Formerly part of 8.381; 1981 c.759 §10;
repealed by 1981 s.s. c.3 §141]
     8.385 [Formerly part of 8.381; repealed by 1981
s.s. c.3 §141]
     8.387 [Formerly part of 8.381; 1971 c.777 §6; 1975
c.430 §1; repealed by 1981 s.s. c.3 §141]
     8.390 [Amended by 1953 c.550 §22; 1961 c.447 §2;
repealed by 1981 s.s. c.3 §141]
     8.395 [1967 c.273 §1; repealed by 1981 s.s. c.3 §141]
     8.400 [Amended by 1953 c.550 §22; repealed by 1981
s.s. c.3 §141]
     8.410 [Repealed by 1981 s.s. c.3 §141]
CERTIFIED
SHORTHAND REPORTERS
     8.415
Definitions for ORS 8.415 to 8.455. As used in ORS 8.415 to 8.455, unless the context requires otherwise:
     (1) “Administrator” means the State Court
Administrator.
     (2) “Advisory committee” means the
Certified Shorthand Reporters Advisory Committee created in ORS 8.455.
     (3) “Certified shorthand reporter” means
an individual who has been certified to engage in the practice of shorthand
reporting under ORS 8.415 to 8.455.
     (4) “Shorthand reporting” means the making
and transcribing of a verbatim record of any court proceeding, deposition,
hearing or other matter where the verbatim record is required or requested by
any court, grand jury, attorney or referee to be made by means of a written
system of either manual or machine shorthand procedures. [Formerly 703.400;
1997 c.249 §3; 2003 c.14 §6]
     8.420
Qualifications and certification of shorthand reporters. (1) The State Court Administrator shall
verify the qualifications of shorthand reporters to be certified and shall
issue the certificate of shorthand reporter to qualified applicants.
     (2) The administrator shall adopt policies
necessary to administer ORS 8.415 to 8.455 and may appoint any committees
necessary to function in accordance with ORS 8.415 to 8.455.
     (3) The administrator shall:
     (a) Adopt policies establishing the
qualifications necessary for the issuance of a certificate of certified
shorthand reporter;
     (b) Determine the qualifications of
persons applying for certificates under ORS 8.415 to 8.455;
     (c) Adopt policies for the examination of
applicants and the issuing of certificates under ORS 8.415 to 8.455;
     (d) Grant certificates to qualified
applicants upon compliance with ORS 8.415 to 8.455 and policies of the
administrator;
     (e) Establish continuing education
requirements for biennial renewal of certificates;
     (f) Collect fees as set by the
administrator;
     (g) Require the biennial renewal of all
certificates;
     (h) Establish a code of conduct and
grounds for disciplinary action; and
     (i) Investigate complaints regarding court
reporters.
     (4) The Certified Shorthand Reporters
Advisory Committee shall recommend:
     (a) Standards establishing the
qualifications necessary for the issuance of a certificate of certified
shorthand reporter;
     (b) Qualifications required of persons
applying for certificates under ORS 8.415 to 8.455;
     (c) Procedures for the examination of
applicants and the issuing of certificates under ORS 8.415 to 8.455;
     (d) Certificates be granted by the
administrator to qualified applicants upon compliance with ORS 8.415 to 8.455
and policies of the administrator;
     (e) Continuing education requirements for
biennial renewal of certificates;
     (f) A code of conduct and grounds for
suspension or revocation of certificates or other disciplinary action to the
administrator;
     (g) Investigation of complaints regarding
court reporters at the direction of the administrator; and
     (h) Any corrective action that may be
required. [Formerly 703.402; 1997 c.249 §4; 2005 c.22 §2]
     8.430
Certification speed requirements. (1) Except as provided by policy established by the State Court
Administrator each applicant for certification as a shorthand reporter shall
satisfy the following shorthand reporting speed requirements:
     (a) Five minutes of literary at 180 words
per minute.
     (b) Five minutes of jury charge at 200
words per minute.
     (c) Five minutes of two-voice testimony at
225 words per minute.
     (2) The administrator may establish
various categories of certification based on achievement of different skill and
performance levels. [Formerly 703.404]
     8.435
Certificate of certified shorthand reporter; prohibition on use of title “certified
shorthand reporter” unless certified. (1) The certificate of certified shorthand reporter shall be granted
to any person who meets the requirements of ORS 8.415 to 8.455 and policies of
the State Court Administrator.
     (2) Any person who has received from the
administrator a certificate of “certified shorthand reporter” shall be styled
and known as a “certified shorthand reporter” and may also use the abbreviation
of “C.S.R.”
     (3) A certificate shall be renewed
biennially as provided by policies of the administrator.
     (4) Certificates issued by the
administrator may be renewed biennially upon payment of the fee established
under ORS 8.445, completion of established continuing education requirements
and compliance with the code of conduct policy as established by the
administrator.
     (5) A person may not assume or use the
title or designation “certified shorthand reporter” or the abbreviation “C.S.R.”
or any other title, designation, words, letters, abbreviation, sign or device
tending to indicate that the person is a certified shorthand reporter unless
the person has received a certificate as a certified shorthand reporter under
ORS 8.415 to 8.455 and policies of the administrator that is not revoked,
suspended or lapsed. [Formerly 703.406]
     8.440
Grounds for revocation, suspension or refusal to issue certificate. (1) The State Court Administrator may:
     (a) Revoke, suspend or refuse to issue any
certificate described in ORS 8.415 to 8.455 or policies of the administrator.
     (b) Require additional education or
training.
     (2) The administrator may revoke, suspend
or refuse to issue any certificate described in ORS 8.415 to 8.455 or policies
of the administrator in the case of a violation of any provision of ORS 8.415
to 8.455 or policies of the administrator.
     (3) The administrator may require
additional education or training if the administrator finds the person engages
in or has engaged in conduct that evidences a lack of knowledge or ability to
apply skills of shorthand reporting. [Formerly 703.408]
     8.445
Fees. (1) The State Court
Administrator shall establish a fee schedule for fees authorized by ORS 8.415
to 8.455, as follows:
     (a) Not to exceed $100 for initial
registration.
     (b) Not to exceed $100 for biennial
renewal.
     (c) Not to exceed $100 for the
examination.
     (2) Fees are nonrefundable.
     (3) Subject to a report to the Emergency
Board prior to adopting the fees and charges, the fees and charges established
under this section shall not exceed the cost of administering and enforcing ORS
8.415 to 8.455, consistent with the budget authorized by the Legislative
Assembly, as that budget may be modified by the Emergency Board. [Formerly
703.410; 2003 c.737 §99]
     8.450
Disposition of fees and other revenues. All fees, moneys and other revenues received or collected under ORS
8.415 to 8.455 shall be paid into the account established in ORS 45.294, and
such moneys are continuously appropriated to the State Court Administrator for
the administration and enforcement of ORS 8.415 to 8.455. [Formerly 703.412]
     8.455
Advisory committee, membership; terms. (1) There is created a Certified Shorthand Reporters Advisory
Committee consisting of seven members appointed by the State Court
Administrator as follows:
     (a) Four members of the advisory committee
shall be persons skilled in the practice of shorthand reporting and shall have
been engaged continuously in the practice of shorthand reporting for a period
of not less than five years prior to the date of appointment as a member of the
advisory committee. Appointees shall be certified under ORS 8.415 to 8.455. Of
the shorthand reporter members, two shall be official reporters and two shall
be free-lance reporters;
     (b) Two members of the advisory committee
shall be members of the Oregon State Bar; and
     (c) One member of the advisory committee
shall be a public member and not be a reporter or a member of the Oregon State
Bar or related thereto. The public member is entitled to compensation and
expenses as provided in ORS 292.495.
     (2) The term of a member of the advisory
committee shall be three years. A member is eligible for reappointment to the
advisory committee. Vacancies occurring shall be filled by appointment for the
unexpired term.
     (3) The advisory committee shall organize
by the election of one of its members as president and one as secretary.
     (4) A majority of the advisory committee
shall constitute a quorum for all purposes. [Formerly 703.414]
     8.510 [Amended by 1953 c.566 §2; 1957 c.706 §1;
1963 c.494 §1; 1981 c.215 §9; repealed by 1981 s.s c.3 §141]
DISTRICT
ATTORNEYS
     8.610
Election and term of office.
A district attorney for each county shall be elected by the electors of the
county, at the general election or, if applicable, at the election specified in
ORS 249.088 next preceding the expiration of the term of the then incumbent.
The district attorney shall hold office for the term of four years and until a
successor is elected and qualified. [Amended by 1991 c.719 §2]
     8.620
Filing certificate of election.
A person elected to the office of district attorney must, before entering upon
the office, qualify by filing with the Secretary of State the certificate of
election of the person. [Amended by 1987 c.158 §3; 2005 c.22 §3; 2005 c.797 §27]
     8.630
Qualifications; general powers and duties. A person elected district attorney must, at the time of election, have
been admitted to practice in the Supreme Court of Oregon. District attorneys
shall possess the qualifications, have the powers, perform the duties and be
subject to the restrictions provided by the Constitution for prosecuting
attorneys, and by the laws of this state.
     8.640
Filling vacancies in office.
When a vacancy occurs in the office of district attorney, the Governor must
appoint some suitable person to fill the vacancy until the next election and
qualification of a successor at the next general election. A person appointed
to fill a vacancy in the office must qualify in the same manner as a person
elected thereto, and shall have like power and compensation, and perform the
same duties.
     8.650
District attorney as public prosecutor. The district attorney in each county is the public prosecutor therein
and has the authority to appear and prosecute violations of the charter and
ordinances of any city provided the circuit court for the county has
jurisdiction with respect to violations of the charter and ordinances of each
such city. In cities of a population of more than 300,000 the district attorney
shall be responsible for the prosecution of all city ordinance violations. [Amended
by 1971 c.633 §14; 1995 c.658 §21]
     8.660
Attending court and prosecuting offenses. (1) The district attorney shall attend the terms of all courts having
jurisdiction of public offenses within the district attorneyÂ’s county, and,
except as otherwise provided in this section, conduct, on behalf of the state,
all prosecutions for such offenses therein.
     (2) A district attorney shall not conduct
prosecutions under this section when:
     (a) A city attorney is prosecuting a
violation under ORS chapter 153; or
     (b) The district attorney is prohibited
from appearing in a violation proceeding under the provisions of ORS 153.076. [Amended
by 1975 c.451 §170; 1981 c.626 §1; 1981 c.692 §6a; 1999 c.1051 §116]
     8.665
Prosecuting violations. Upon
the issuance of a citation by any person authorized to issue citations for
violations, a district attorney shall prosecute the case if it appears that a
violation has occurred. [1981 c.692 §10; 1999 c.1051 §117]
     8.670
Proceedings before magistrates and grand jury. The district attorney shall institute
proceedings before magistrates for the arrest of persons charged with or
reasonably suspected of public offenses, when the district attorney has
information that any such offense has been committed, and attend upon and
advise the grand jury when required.
     8.675
Priority given to administration of laws relating to public assistance and
enforcement of support. In
the performance of official duties, unless otherwise specifically required by
law and except for criminal and juvenile proceedings, the district attorney
shall give priority to the performance of those duties involving the
administration of the laws relating to public assistance and reciprocal
enforcement of support. [1959 c.539 §5]
     8.680
Prosecuting and collecting penalties and forfeitures; prosecuting and defending
for state. The district
attorney shall prosecute for all penalties and forfeitures to the state that
may be incurred in the county of the district attorney, and for which no other
mode of prosecution and collection is expressly provided by statute, and in
like case, prosecute or defend all actions, suits and proceedings in the county
to which the state is a party.
     8.685
Assisting juvenile court; right to appear. (1) The district attorney shall, upon request of the juvenile court,
appear in the juvenile court to assist the court in any matter within its
jurisdiction.
     (2) In counties having a population of
more than 150,000, according to the latest federal decennial census, the
district attorney shall designate a deputy to assist the juvenile court as
provided in subsection (1) of this section.
     (3) The district attorney is entitled to
appear on behalf of the state in the juvenile court in any matter within the
jurisdiction of the court. [1959 c.432 §63 (enacted in lieu of 8.750); 1991
c.681 §4]
     8.690
Advising and representing county officers and employees. Upon request of a county officer, the
district attorney and deputies of the district attorney shall advise the county
court and other county officers on all legal questions that may arise. When any
action is instituted against any county officer or county employee for damages
for an alleged wrongful act or omission in the performance of official duty,
the district attorney shall defend such action. The district attorney shall
also prosecute and defend all actions, suits, and proceedings to which the
county may be a party. For such services the district attorney shall receive no
compensation other than salary. [Amended by 1957 c.151 §1; 1965 c.419 §1]
     8.700
Register to be kept. The
district attorney must keep a register of official business, in which the
district attorney shall make a note of every action, suit or proceeding
commenced or defended by the district attorney in official capacity, and the
proceedings therein. The register shall, at the expiration of the term of
office of the district attorney, be delivered by the district attorney to the
successor in office.
     8.710
Disqualification; appointment of special district attorney. If a district attorney fails to attend any
court at which the district attorney is required to be, or is related to the
accused by consanguinity or affinity, or, prior to the district attorneyÂ’s
election as district attorney, represented the accused in the matter to be
investigated by the grand jury or the crime charged in the indictment, or is
associated with the accused in business, or is interested financially in the
matter or property out of which the alleged crime or criminal action arose, or
is a stockholder in any corporation, any officer or stockholder of which is
charged with the commission of any crime, or declines to prosecute or
participate in proceedings for the imposition of sanctions for a contempt of
court under ORS 33.065, or because of any other conflict cannot ethically serve
as district attorney in a particular case, and such facts appear to the
satisfaction of the court by affidavit or otherwise, the court shall appoint a
regularly licensed and practicing attorney of this state who is not counsel for
an interested party to perform the duties of district attorney during the
district attorneyÂ’s absence or inability to serve, or the trial or investigation
of such accused. When the district attorney is disqualified as provided in this
section, the person so appointed by the court shall receive reasonable
compensation for that personÂ’s attendance, to be allowed by the court. The
court in such case shall order compensation to be paid by the county, except
that when the person so appointed performs the district attorneyÂ’s
responsibilities under ORS 25.080, the court shall order compensation to be
paid by the Oregon Department of Administrative Services of the state from
funds available for that purpose. [Amended by 1985 c.611 §1; 1991 c.724 §16]
     8.720
Receiving private fee in criminal action; acting as attorney in civil action involving
same controversy. A district
attorney shall not receive any fee or reward from any private person for
services in any criminal action, nor during the pendency of such prosecution
can the district attorney act as attorney for either party in any civil action,
suit or proceeding involving substantially the same controversy.
     8.725 [1957 c.645 §2; 1959 c.539 §1; 1961 c.586 §3;
repealed by 1965 c.633 §4]
     8.726
District attorneys and deputies prohibited from engaging in private practice of
law; exception. (1) Except
as authorized by subsection (2) of this section, district attorneys and deputy
district attorneys may not engage in the private practice of law.
     (2) A district attorney or deputy district
attorney may engage in volunteer or pro bono legal work. [1965 c.633 §2; 1971
c.583 §1; 1975 c.378 §7; 1977 c.834 §5; 1979 c.418 §8; 1981 c.908 §2; 2007
c.658 §1]
     8.730
Partner prosecuting or defending certain cases. It is not lawful for any district attorney
who has a law partner to allow that partner to prosecute or defend divorce
cases or to defend cases in which the state is plaintiff and the district
attorney is the public prosecutor. It is the duty of the judicial officers of
this state to prohibit such practice in all cases coming before them. [Amended
by 2003 c.14 §7]
     8.740 [Amended by 1953 c.652 §6; 1957 c.490 §1; 1959
c.539 §2; 1961 c.586 §2; repealed by 1967 c.556 §5]
     8.750 [Repealed by 1959 c.432 §62 (8.685 enacted
in lieu of 8.750)]
     8.760
Deputies may be authorized and paid by county. The county court or board of county
commissioners may empower the district attorney to appoint one or more deputy
district attorneys whose compensation shall be fixed by the county court or
board of county commissioners and paid out of the county funds in the same
manner as county officers are paid. [Amended by 1961 c.586 §4]
     8.770 [Repealed by 1961 c.586 §6]
     8.780
Appointment of deputies; qualifications; duties. A district attorney shall appoint deputies.
A deputy district attorney shall have the same qualifications as the district
attorney, and subject to the direction of the district attorney, has the same
functions as the district attorney. [Amended by 1961 c.586 §5]
     8.790
Compensation of district attorney and deputies limited to salaries. No salary, fees, percentage or compensation
of any kind shall be allowed, paid to or received by any district attorney or
deputy district attorney except as provided in ORS 8.110 to 8.150, 8.160 and
8.670 to 8.852.
     8.795 [1957 c.645 §3; 1959 c.539 §3; 1961 c.586 §6a;
repealed by 1965 c.633 §4]
     8.800 [1953 c.652 §6; 1957 c.645 §1; 1959 c.539 §4;
1961 c.586 §1; repealed by 1965 c.633 §4]
     8.801 [1965 c.633 §1; 1967 c.597 §1; 1969 c.320 §1;
repealed by 1971 c.711 §6]
     8.810 [Repealed by 1967 c.111 §7]
     8.820 [Repealed by 1967 c.111 §7]
     8.830
Additional compensation from county for district attorney and deputies paid by
state. Whenever, in the
judgment of any county court or board of county commissioners, the salaries
paid by the state to the district attorney, or to any deputy district attorney,
are not commensurate with the character of the service performed, the county
court or board of county commissioners may pay out of the funds of the county
such additional amounts as will properly compensate said officers for the
service performed. [Amended by 1955 c.220 §1]
     8.840 [Repealed by 1953 c.652 §6]
     8.850
Offices, supplies and stenographic assistance for district attorneys and
deputies. Each county shall
provide the district attorney and any deputies for such county with such office
space, facilities, supplies and stenographic assistance as is necessary to
perform efficiently the duties of such office. [1953 c.652 §3]
     8.852
Salary plan for district attorneys. The district attorneys of the various counties shall be paid monthly
salaries as adopted in the salary plan provided for in ORS 240.240 (2), to
include salary adjustments awarded management service employees. [1991 c.432 §2;
reenacted by 1993 c.290 §2; reenacted by 1995 c.9 §2; reenacted by 1997 c.75 §2]
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