71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
NOTE: Matter within { + braces and plus signs + } in an
amended section is new. Matter within { - braces and minus
signs - } is existing law to be omitted. New sections are within
{ + braces and plus signs + } .
LC 1180
A-Engrossed
House Bill 2335
Ordered by the House May 30
Including House Amendments dated May 30
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee for Judicial Department)
SUMMARY
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure.
Splits eighteenth judicial district into two districts, one
district containing Clatsop County and one district containing
Tillamook County. Changes name of Supreme Court Library to State
of Oregon Law Library. Repeals tort action reporting
requirements. Allows judges to be personal representatives.
Allows change of name for minor without notice to one parent
under certain circumstances. { + Modifies provisions dealing
with fees for jurors in circuit courts. Provides for jurors to be
paid minimum hourly wage in some cases. Modifies provisions
dealing with disclosure of source lists used to produce master
jury list and dealing with availability of jury records to person
challenging jury panel. + }
Declares emergency, effective July 1, 2001.
A BILL FOR AN ACT
Relating to courts; creating new provisions; amending ORS 2.165,
3.012, 3.041, 3.436, 8.125, 9.780, 10.061, 10.215, 33.420,
113.095, 136.005, 177.080, 221.710 and 357.203; repealing ORS
18.425; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
NEW TWENTY-SEVENTH JUDICIAL DISTRICT + }
SECTION 1. ORS 3.012 is amended to read:
3.012. (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 Jackson County and
has seven judges.
(b) The second judicial district consists of Lane County and
has 15 judges.
(c) The third judicial district consists of Marion County and
has 13 judges.
(d) The fourth judicial district consists of Multnomah County
and has 37 judges.
(e) The fifth judicial district consists of Clackamas County
and has 10 judges.
(f) The sixth judicial district consists of the counties of
Morrow and Umatilla and has four judges.
(g) The seventh judicial district consists of the counties of
Gilliam, Hood River, Sherman, Wasco and Wheeler and has four
judges.
(h) The eighth judicial district consists of Baker County and
has one judge.
(i) The ninth judicial district consists of Malheur County and
has two judges.
(j) The tenth judicial district consists of the counties of
Union and Wallowa and has two judges.
(k) The eleventh judicial district consists of Deschutes County
and has six judges.
(L) The twelfth judicial district consists of Polk County and
has three judges.
(m) The thirteenth judicial district consists of Klamath County
and has five judges.
(n) The fourteenth judicial district consists of Josephine
County and has four judges.
(o) The fifteenth judicial district consists of the counties of
Coos and Curry and has six judges.
(p) The sixteenth judicial district consists of Douglas County
and has five judges.
(q) The seventeenth judicial district consists of Lincoln
County and has three judges.
(r) The eighteenth judicial district consists of { - the
counties of - } Clatsop { - and Tillamook - } { + County + }
and has { - four - } { + two + } judges.
(s) The nineteenth judicial district consists of Columbia
County and has three judges.
(t) The twentieth judicial district consists of Washington
County and has 13 judges.
(u) The twenty-first judicial district consists of Benton
County and has three judges.
(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 Linn County
and has five judges.
(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 Yamhill
County and has three judges.
(z) The twenty-sixth judicial district consists of Lake County
and has one judge.
{ + (aa) The twenty-seventh judicial district consists of
Tillamook County and has two judges. + }
(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.
SECTION 2. ORS 3.041 is amended to read:
3.041. (1) Each judge of the circuit court shall be a citizen
of the United States and a resident of this state.
(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
Wasco County, Sherman County, Gilliam County or Wheeler County
and two shall be residents of or have principal offices in Hood
River County, Sherman County, Gilliam County or Wheeler County.
(4) In the fifteenth judicial district, four of the judges of
the circuit court shall be residents of or have principal offices
in Coos County and two shall be residents of or have principal
offices in Curry County.
{ - (5) In the eighteenth judicial district, two of the
judges of the circuit court shall be residents of or have
principal offices in Clatsop County and two shall be residents of
or have principal offices in Tillamook County. - }
{ - (6) - } { + (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 { - (5) - }
{ + (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.
SECTION 3. { + The amendments to ORS 3.012 and 3.041 by
sections 1 and 2 of this 2001 Act become operative on January 1,
2002. On January 1, 2002, the circuit court judges that were
residents of or had principal offices in Tillamook County as
required under ORS 3.041 (5) (1999 Edition) shall become judges
of the twenty-seventh judicial district created under the
amendments to ORS 3.012 by section 1 of this 2001 Act. The
circuit court judges that were residents of or had principal
offices in Clatsop County as required under ORS 3.041 (5) (1999
Edition) shall remain judges of the eighteenth judicial district
on and after January 1, 2002. + }
{ +
STATE OF OREGON LAW LIBRARY + }
SECTION 4. ORS 2.165 is amended to read:
2.165. There is established in the General Fund an account to
be known as the Court Publications Account. All moneys in the
account are appropriated continuously to the Supreme Court for
the purpose of paying expenses incurred by the court under ORS
2.150 { + and for the purpose of paying all or part of the
expenses of providing electronic access to State of Oregon Law
Library materials and other official Judicial Department
publications + }. Disbursements of moneys from the account shall
be approved by the Chief Justice of the Supreme Court or, as
directed by the Chief Justice, the State Court Administrator.
SECTION 5. ORS 8.125 is amended to read:
8.125. 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
{ - Supreme Court - } { + State of Oregon Law + } Library, and
excluding county law libraries established under ORS 9.820 and
9.840.
(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.
SECTION 6. ORS 9.780 is amended to read:
9.780. The State Court Administrator may send, free of charge,
one copy of the codes, session laws and Supreme Court, Court of
Appeals and Oregon Tax Court reports of this state as the same
may be published, to each state and foreign country that
exchanges, free of charge, its codes, session laws and equivalent
reports with this state. All legal books and publications
received in exchange by the state shall be added to the
collection of the
{ - Supreme Court - } { + State of Oregon Law + } Library.
SECTION 7. ORS 177.080 is amended to read:
177.080. The Secretary of State shall cause the Acts of the
Congress of the United States, and of the several states, which
may be received at the office of the Secretary of State, to be
deposited in the { - Supreme Court - } { + State of Oregon
Law + } Library.
SECTION 8. ORS 221.710 is amended to read:
221.710. (1) All incorporated cities shall file with the
Librarian of the { - Supreme Court - } { + State of Oregon
Law + } Library a duly certified copy of the charter and all
amendments thereto of the city. All charters and amendments
thereto adopted through initiative process by the electors of any
such city and which may be superseded by other charters or
amendments thereto may by such authority be also filed in the
same manner. When so filed all courts of the state shall take
judicial notice thereof and the same may be referred to and
pleaded as a public statute of the state. Future amendments shall
be filed in like manner and with like effect.
(2) The Librarian of the { - Supreme Court - } { + State of
Oregon Law + } Library shall furnish, over the signature of the
librarian, a certified copy of any document required by
subsection (1) of this section to be filed with the librarian.
The librarian shall collect at the rate of 25 cents per folio of
100 words therefor. All fees so collected shall be remitted by
said librarian to the State Treasurer at the end of every
calendar month, who shall deposit the same in the General Fund.
SECTION 9. ORS 357.203 is amended to read:
357.203. (1) The State Library and { - Supreme Court - }
{ + State of Oregon Law + } Library operating budget for
services to state agencies shall be assessed against all state
agencies except the State System of Higher Education. The state
library assessment shall be apportioned among the agencies on the
basis of the number of full-time equivalent employees budgeted by
the agency. Except as provided in subsection (3) of this section,
the Oregon Department of Administrative Services shall cause the
amount assessed to be transferred from the moneys appropriated to
each state agency to the Miscellaneous Receipts Account for the
State Library.
(2) Subject to the provisions of subsection (4) of this
section, the department shall determine and may at any time
redetermine which state funds or appropriations shall be assessed
a reasonable share of State Library and { - Supreme Court - }
{ + State of Oregon Law + } Library operating expenses that
support state agencies. In determining or redetermining the
funds that shall be so assessed:
(a) A fund consisting of moneys the use of which is restricted
by the Oregon Constitution shall be assessed only those
governmental service expenses ascertained as being necessarily
incurred in connection with the purposes set forth in the Oregon
Constitution.
(b) Trust funds shall be assessed only those governmental
service expenses ascertained as being necessarily incurred in
connection with the purposes for which the trust fund was
established.
(c) State agencies shall be assessed only the State Library and
{ - Supreme Court - } { + State of Oregon Law + } Library
expenditures that support state agencies.
(3) The Oregon Department of Administrative Services shall
cause the amount assessed against state agencies for the
operating budget of the { - Supreme Court - } { + State of
Oregon Law + } Library to be transferred to the Judicial
Department. Moneys transferred under this subsection are
continuously appropriated to the Judicial Department and may be
used only for the costs of operating the
{ - Supreme Court - } { + State of Oregon Law + } Library.
(4) Unless the Oregon Department of Administrative Services and
the Judicial Department agree to a different methodology and
formula, the Oregon Department of Administrative Services shall
apply the methodology and formula used by the Oregon Department
of Administrative Services in determining the amounts to be
assessed to state agencies for the operating expenses of the
State Library in determining the amounts to be assessed to state
agencies for the operating expenses of the { - Supreme
Court - } { + State of Oregon Law + } Library. Usage figures
for the { - Supreme Court - } { + State of Oregon Law + }
Library shall be based on data provided by the Judicial
Department.
(5) As used in this section, 'state library assessment ' means
an assessment to state agencies of the State Library and
{ - Supreme Court - } { + State of Oregon Law + } Library
expenses that are attributable to the support of those agencies.
{ +
REPEAL OF TORT ACTION REPORTING REQUIREMENTS + }
SECTION 10. { + ORS 18.425 is repealed. + }
{ +
JUDGES AS PERSONAL REPRESENTATIVES + }
SECTION 11. ORS 113.095 is amended to read:
113.095. A person is not qualified to act as personal
representative who is:
(1) An incompetent.
(2) A minor.
(3) A person suspended for misconduct or disbarred from the
practice of law, during the period of suspension or disbarment.
(4) A person who has resigned from the Oregon State Bar when
charges of professional misconduct are under investigation or
when disciplinary proceedings are pending against the person,
until the person is reinstated.
{ - (5) A judge of the circuit court, Oregon Tax Court, Court
of Appeals or Supreme Court of this state. - }
{ - (6) - } { + (5) + } A licensed funeral service
practitioner unless the decedent is:
(a) A deceased relative of the licensed funeral service
practitioner; or
(b) A deceased licensed funeral service practitioner who was a
partner, employee or employer in the practice of the licensed
funeral service practitioner who is petitioning for appointment
as personal representative.
{ +
NOTICE OF CHANGE OF NAME + }
SECTION 12. ORS 33.420 is amended to read:
33.420. (1) Before decreeing a change of name, except as
provided in ORS 109.360, the court shall require public notice of
the application to be given, that all persons may show cause why
the same should not be granted. The court shall also require
public notice to be given of the change after the entry of the
decree.
(2) Before decreeing a change of name in the case of a minor
child the court shall require that, in addition to the notice
required under subsection (1) of this section, written notice be
given to the parents of the child, both custodial and
noncustodial, and to any legal guardian of the child.
{ + (3) Notwithstanding subsection (2) of this section,
notice of an application for the change of name of a minor child
need not be given to a parent of the child if the other parent of
the child files a verified statement in the change of name
proceeding that asserts that the minor child has not resided with
the other parent and that the other parent has not contributed or
tried to contribute to the support of the child. + }
{ +
JURY FEES + }
SECTION 13. ORS 10.061 is amended to read:
10.061. (1) The fee of jurors in courts other than circuit
courts is $10 for each day's required attendance.
{ - (2) The fee of jurors in circuit courts is: - }
{ - (a) For the first two days of required attendance during
a term of service, a per diem fee equal to $10; and - }
{ - (b) For the third and subsequent days of required
attendance during a term of service, a fee equal to the number of
hours served multiplied by the minimum hourly wage established
under ORS 653.025, but in no event less than $10 per day or more
than $50 per day. - }
{ + (2)(a) The fee of jurors for the first two days of
required attendance in circuit court during a term of service is
$10 for each day's required attendance.
(b) The fee of jurors for the third and subsequent days of
required attendance in circuit court during a term of service is
the lesser of $50 or an amount equal to the number of hours
served multiplied by the minimum hourly wage established under
ORS 653.025.
(c) Subject to the $50 limitation imposed by paragraph (b) of
this subsection, a juror who appears for a third or subsequent
day of required attendance in circuit court must be paid for at
least four hours multiplied by the minimum hourly wage
established under ORS 653.025, and the juror must be paid for
eight hours multiplied by the minimum hourly wage established
under ORS 653.025 if attendance is required for more than four
hours. + }
(3) Unless otherwise provided by the terms of an employment
agreement, a juror must waive the juror's fee provided for in
subsection (1) or (2) of this section if the juror is paid a wage
or salary by the juror's employer for the days that the juror is
required to attend a circuit court. The provisions of this
subsection do not affect any claim a juror may have for mileage
reimbursement under ORS 10.065.
(4) In addition to the fees and mileage prescribed in
subsection (1) of this section and ORS 10.065 for service in a
court other than a circuit court, the governing body of a city or
county may provide by ordinance for an additional juror fee and
for city or county reimbursement of jurors for mileage and other
expenses incurred in serving as jurors in courts other than
circuit courts.
{ +
JURY SOURCE LISTS + }
SECTION 14. ORS 10.215 is amended to read:
10.215. (1) The { - clerk of court - } { + State Court
Administrator + } shall cause to be prepared at least once each
year a master jury list containing names selected at random from
the source lists. The source lists are the most recent list of
electors of the county, the records furnished by the Department
of Transportation as provided in ORS 802.260 (2) and any other
sources approved by the Chief Justice of the Supreme Court that
will furnish a fair cross section of the citizens of the county.
{ - Any source list obtained from a public or private entity and
any jury list containing names selected from a source list shall
not be used for any purpose other than the selection and
summoning of persons for service as jurors and the drawing of
names of jurors. - } { + The State Court Administrator and
circuit courts may use source lists obtained from private or
public entities, and jury lists containing names selected from a
source list, only for purposes consistent with administering the
selection and summoning of persons for service as jurors, the
drawing of names of jurors, and other tasks necessary to
accomplish those functions. Except as specifically provided by
law, the State Court Administrator and circuit courts may not
disclose source lists obtained from private or public entities,
and jury lists containing names selected from a source list, to
any other person or public entity. + }
(2) A public entity having custody, possession or control of
any list that may be used as a source list for preparation of a
master jury list, upon written request by the { - presiding
judge or clerk of court - } { + State Court Administrator + },
shall make its list available at any reasonable time and without
charge to the { - clerk of court - } { + State Court
Administrator + } for inspection or copying. The public entity,
upon written request by the { - presiding judge or clerk of
court - } { + State Court Administrator + }, shall provide a
copy of its list for the date and in the form requested without
charge to the { - clerk of court - } { + State Court
Administrator + }. { - A public entity is any officer or agency
of the state or of any city, county, school district or other
special district in this state. - }
(3) The number of names placed on a master jury list shall be
sufficient to meet the projected need for grand jurors and trial
jurors in the circuit court in the county, but the total number
shall not be less than two percent of the population of the
county according to the latest federal decennial census.
(4) A master jury list shall contain the first name, the
surname, the place of residence and, if assigned, the juror
identification number of each person whose name is placed
thereon.
(5) A master jury list shall be certified by the { - clerk of
court - } { + trial court administrator + } and placed on file
in the circuit court as soon as possible after it is prepared.
(6) A newly filed master jury list shall be maintained
separately from the previously filed master jury list. The
presiding judge shall designate when a newly filed master jury
list becomes effective, after which time names of persons shall
not be selected from the previously filed master jury list for a
term jury list. When a newly filed master jury list becomes
effective, all orders, records and papers prepared in connection
with the selection process based on the previously filed master
jury list shall be preserved by the { - clerk of court - }
{ + trial court administrator and State Court Administrator + }
for the period prescribed by the State Court Administrator under
ORS 8.125.
{ + (7) For the purposes of this section, 'public entity'
means any officer or agency of the state or of any city, county,
school district or other special district in this state. + }
SECTION 15. { + Section 16 of this 2001 Act is added to and
made a part of ORS chapter 10. + }
SECTION 16. { + (1) A person challenging a jury panel under
ORS 136.005 or ORCP 57 A who seeks jury records that are
confidential under ORS 10.215 must include a request for access
to the confidential records in the motion challenging the jury
panel. The motion and supporting affidavit must be served on the
trial court administrator and the State Court Administrator. The
request must:
(a) Specify the purpose for which the jury records are sought;
and
(b) Identify with particularity the relevant jury records
sought to be released including the type and time period of the
records.
(2) The court may order release of the jury records if the
court finds that:
(a) The jury records sought are likely to produce relevant
evidence in support of the motion; and
(b) Production of the jury records is not unduly burdensome.
(3) An order under subsection (2) of this section may include,
but need not be limited to:
(a) A requirement that the moving party provide advance payment
to the trial court administrator and, if applicable, the State
Court Administrator for the reasonable costs of providing copies
of the jury records; and
(b) Restrictions on further disclosure of the jury records
including, but not limited to:
(A) A requirement that the moving party return all originals
and copies to the court at the conclusion of the proceeding;
(B) A requirement that the jury records may be used only for
the purpose of supporting the jury panel challenge made in the
motion;
(C) A prohibition against distributing the jury records to a
person who is not an agent or representative of the moving party;
and
(D) A prohibition against contacting or attempting to contact
the persons whose names appear on the jury records without
specific authorization of the court.
(4) The trial court administrator or the State Court
Administrator may intervene at any time as a matter of right as
to any issues relating to the release of jury records under this
section.
(5) The procedure established by this section is the exclusive
means for compelling production of confidential jury records as
evidence in support of a challenge to a jury panel under ORS
136.005 or ORCP 57 A. + }
SECTION 17. ORS 136.005 is amended to read:
136.005. (1) The district attorney or the defendant in a
criminal action may challenge the jury panel on the ground that
there has been a material departure from the requirements of the
law governing selection of jurors { + by filing a motion with
the court supported by an affidavit alleging facts that, if true,
constitute a material departure from the requirements of the law
governing the selection of jurors. The party making the motion
shall serve the motion and supporting affidavit on the other
party, the trial court administrator and the State Court
Administrator + }.
(2) A challenge to the panel shall be made before the voir dire
examination of the jury.
{ + (3) If the court determines that there has been a
material departure from the requirements of the law governing
selection of jurors, the court shall:
(a) Stay the proceedings pending the selection of a jury panel
in conformity with the applicable provisions of law; and
(b) Grant such other relief as may be appropriate.
(4) The procedures prescribed by this section are the exclusive
means by which a district attorney or defendant may challenge a
jury panel. + }
{ +
MISCELLANEOUS PROVISIONS + }
SECTION 18. ORS 3.436 is amended to read:
3.436. (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 administrator's
responsibilities under { - section 139, chapter 801, Oregon
Laws 1997, - } { + 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.
SECTION 19. { + The unit captions used in this 2001 Act are
provided only for the convenience of the reader and do not become
part of the statutory law of this state or express any
legislative intent in the enactment of this 2001 Act. + }
SECTION 20. { + This 2001 Act being necessary for the
immediate preservation of the public peace, health and safety, an
emergency is declared to exist, and this 2001 Act takes effect
July 1, 2001. + }
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