71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
HA to HB 2424
 
LC 1180-1/HB 2424-3
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2424
 
                    By COMMITTEE ON JUDICIARY
 
                             May 31
 
  On page 1 of the printed bill, line 2, after 'citations; '
delete the rest of the line and line 3 and insert 'amending ORS
1.002 and 153.770.'.
  Delete lines 5 through 31 and delete pages 2 through 13 and
insert:
  '  { +  SECTION 1. + } ORS 1.002 is amended to read:
  ' 1.002. (1) The Supreme Court is the highest judicial tribunal
of the judicial department of government in this state.  The
Chief Justice of the Supreme Court is the presiding judge of the
court and the administrative head of the judicial department of
government in this state. The Chief Justice shall exercise
administrative authority and supervision over the courts of this
state consistent with applicable provisions of law and the Oregon
Rules of Civil Procedure. The Chief Justice, to facilitate
exercise of that administrative authority and supervision, may:
  ' (a) Make rules and issue orders appropriate to that exercise.
  ' (b) Require appropriate reports from the judges, other
officers and employees of the courts of this state and municipal
courts.
  ' (c) Pursuant to policies approved by the Judicial Conference
of the State of Oregon, assign or reassign on a temporary basis
all judges of the courts of this state to serve in designated
locations within or without the county or judicial district for
which the judge was elected.
  ' (d) Set staffing levels for all courts of the state operating
under the Judicial Department and for all operations in the
Judicial Department.
  ' (e) Establish time standards for disposition of cases.
  ' (f) Establish budgets for the Judicial Department and all
courts operating under the Judicial Department.
  ' (g) Assign or reassign all court staff of courts operating
under the Judicial Department.
  ' (h) Pursuant to policies approved by the Judicial Conference
of the State of Oregon, establish personnel rules and policies
for judges of courts operating under the Judicial Department.
  ' (i) Take any other action appropriate to the exercise of the
powers specified in this section and other law, and appropriate
to the exercise of administrative authority and supervision by
the Chief Justice over the courts of this state.
  ' (2) Subject to all other laws governing courts and court
procedures, the Chief Justice may make rules for the use of
electronic applications in the courts, including but not limited
to rules relating to:
  ' (a) Applications based on the use of the Internet and other
similar technologies;
  ' (b) Filing of electronic documents in court proceedings in
lieu of hard copies of those documents;
  ' (c) Payment of statutory or court-ordered monetary
obligations through electronic media;
  ' (d) Electronic storage of court documents;
  '  { +  (e) Use of electronic citations in lieu of the paper
citation forms as allowed under ORS 153.770, including use of
electronic citations for parking ordinance violations that are
subject to ORS 221.333 or 810.425; + }
  '  { - (e) - }  { +  (f) + } Public access through electronic
means to court documents that are required or authorized to be
made available to the public by law; and
  '  { - (f) - }  { +  (g) + } Transmission of open court
proceedings through electronic media.
  ' (3) Rules made and orders issued by the Chief Justice under
this section shall permit as much variation and flexibility in
the administration of the courts of this state as are appropriate
to the most efficient manner of administering each court,
considering the particular needs and circumstances of the court,
and consistent with the sound and efficient administration of the
judicial department of government in this state.
  ' (4) The judges, other officers and employees of the courts of
this state shall comply with rules made and orders issued by the
Chief Justice. Rules and orders of a court of this state, or a
judge thereof, relating to the conduct of the business of the
court shall be consistent with applicable rules made and orders
issued by the Chief Justice.
  ' (5) The Chief Judge of the Court of Appeals and the presiding
judge of each judicial district of this state are the
administrative heads of their respective courts. They are
responsible and accountable to the Chief Justice of the Supreme
Court in the exercise of their administrative authority and
supervision over their respective courts. Other judges of the
Court of Appeals or court under a presiding judge are responsible
and accountable to the Chief Judge or presiding judge, and to the
Chief Justice, in respect to exercise by the Chief Justice, Chief
Judge or presiding judge of administrative authority and
supervision.
  ' (6) The Chief Justice may delegate the exercise of any of the
powers specified by this section to the presiding judge of a
court, and may delegate the exercise of any of the administrative
powers specified by this section to the State Court
Administrator, as may be appropriate.
  ' (7) Subsections (1) to (4) of this section apply to justices
of the peace and the justice courts of this state solely for the
purpose of disciplining of justices of the peace and for the
purpose of continuing legal education of justices of the peace.
  '  { +  SECTION 2. + } ORS 153.770 is amended to read:
  ' 153.770. (1) Notwithstanding ORS 1.525   { - and - }
 { + , + } 153.045 { + , 221.333 and 810.425 + }, a law
enforcement officer { +  or a person authorized to enforce
parking ordinance violations + }, following procedures
established by court rule, may file a complaint with the court by
electronic means, without an actual signature of the officer, in
lieu of using a written uniform citation. Law enforcement
officers who file complaints under this section will be deemed to
certify to the complaint and will continue to have the same
rights, responsibilities and liabilities in relation to those
complaints as to complaints that are certified by an actual
signature.
  ' (2) A court may allow electronic filing of complaints as
described under subsection (1) of this section. Procedures
established to allow electronic filing of complaints under this
section shall be established by court rule and shall include
procedures necessary to ensure that:
  ' (a) The information electronically filed includes all
information required on a uniform citation adopted by the Supreme
Court under ORS 1.525 { + , or as required under ORS 221.333 and
810.425 for parking ordinance violations + }.
  ' (b) The complaint filed electronically is verifiable as being
filed by a specific law enforcement officer  { + or, for parking
ordinance violations, by a person authorized to enforce parking
ordinance violations + }.
  ' (c) Members of the public can obtain copies of and review
complaints that are electronically filed and maintained under
this section in the same manner as for complaints filed on
paper.'.
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