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 1180-1
A-Engrossed
House Bill 2424
Ordered by the House May 31
Including House Amendments dated May 31
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Representative Lane
Shetterly 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.
{ - Establishes requirements for uniform citation forms for
purposes of citing violations and certain crimes. Eliminates
requirement that Supreme Court adopt uniform citation forms. - }
{ + Allows Chief Justice of Supreme Court to make rules for
use of electronic citations. Allows person authorized to enforce
parking ordinance violations to file electronic complaint. + }
A BILL FOR AN ACT
Relating to citations; amending ORS 1.002 and 153.770.
Be It Enacted by the People of the State of Oregon:
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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