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 84
A-Engrossed
House Joint Resolution 7
Ordered by the House April 26
Including House Amendments dated April 26
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Judiciary
Committee)
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.
Proposes amendment to Oregon Constitution to establish Judicial
Merit Selection Commission. Requires that Governor fill vacancy
in certain judicial office by selecting person from list
submitted by commission.
Authorizes Legislative Assembly to require that Governor fill
vacancy in office of judge of circuit court by appointment from
list submitted by circuit court judicial merit selection
commission.
Refers proposed amendment to people for their approval or
rejection at next regular general election.
JOINT RESOLUTION
Be It Resolved by the Legislative Assembly of the State of
Oregon:
PARAGRAPH 1. The Constitution of the State of Oregon is amended
by creating a new section 1b to be added to and made a part of
Article VII (Amended), and by amending section 1, Article VII
(Amended), such sections to read:
{ + Sec. 1. + } { + (1) + } The judicial power of the state
shall be vested in one { - supreme court - } { + Supreme
Court + } and in such other courts as may from time to time be
created by law. The judges of the
{ - supreme - } { + Supreme Court + } and other courts shall
be elected by the legal voters of the state or of their
respective districts for a term of six years, and shall receive
such compensation as may be provided by law, which compensation
shall not be diminished during the term for which they are
elected.
{ + (2) Notwithstanding section 16, Article V of this
Constitution, when a vacancy occurs in the office of judge of the
Supreme Court, Court of Appeals or Oregon Tax Court, the Governor
shall fill the vacancy by appointing a person from a list of not
fewer than three persons submitted by the Judicial Merit
Selection Commission.
(3) The Judicial Merit Selection Commission shall consist of 13
members, to be appointed as follows:
(a) Six of the members shall be appointed by the board of
governors of the Oregon State Bar. Four of the members appointed
under this paragraph must be active members of the bar. Two of
the members appointed under this paragraph may not be members of
the bar.
(b) Two of the members shall be appointed by the Governor.
(c) Three of the members shall be appointed by the Chief
Justice of the Supreme Court. One of the members appointed under
this paragraph must be a person who has retired from service as a
judge of the Supreme Court or of the Court of Appeals. Two of the
members appointed under this paragraph must be members of the
public who are neither judges nor members of the Oregon State
Bar.
(d) One member shall be a legislator serving in the Senate,
appointed by the President of the Senate. A member appointed
under this paragraph must be an active member of the Oregon State
Bar, unless there is no active member of the bar serving in the
Senate.
(e) One member shall be a legislator serving in the House of
Representatives, appointed by the Speaker of the House of
Representatives. A member appointed under this paragraph must be
an active member of the Oregon State Bar, unless there is no
active member of the bar serving in the House of Representatives.
(4) Members of the Judicial Merit Selection Commission shall
serve for a term of three years, or until such time as any member
ceases to meet the qualifications established under subsection
(3) of this section. The Chief Justice of the Supreme Court shall
designate one commission member to serve as chair.
(5) The Judicial Merit Selection Commission may adopt rules
governing the commission's procedures.
(6)(a) Notwithstanding section 16, Article V of this
Constitution, the Legislative Assembly may by law require that
the Governor fill a vacancy in the office of judge of the circuit
court by appointment from a list submitted by a circuit court
judicial merit selection commission. Any law enacted under this
paragraph must require that:
(A) A separate commission be appointed for each judicial
district; and
(B) A circuit court judicial merit selection commission consist
of 11 members in any judicial district with fewer than 10 circuit
court judges and consist of 21 members in any judicial district
with 10 or more circuit court judges.
(b) If the Legislative Assembly provides for circuit court
judicial merit selection commissions, each commission shall
consist of the following members:
(A) Three members shall be circuit court judges and shall be
appointed by the Chief Justice of the Supreme Court.
(B) Three members shall represent the public and shall be
appointed by the Governor. Members appointed under this
subparagraph must reside in the judicial district and may not be
attorneys or legislators.
(C) One member shall be a legislator serving in the Senate and
shall be appointed by the President of the Senate.
(D) One member shall be a legislator serving in the House of
Representatives and shall be appointed by the Speaker of the
House of Representatives.
(E) The balance of the members shall be attorneys who practice
law in the judicial district and shall be appointed by the board
of governors of the Oregon State Bar. The board of governors
shall consider nominations from any local bar association in the
judicial district in making appointments under this paragraph.
SECTION 1b. (1) The amendment to section 1 of this Article by
House Joint Resolution 7 (2001) applies only to vacancies in the
office of judge of the Supreme Court, Court of Appeals or Oregon
Tax Court that occur on or after the effective date of the
amendment to section 1 of this Article by House Joint Resolution
7 (2001).
(2) This section is repealed January 1, 2003. + }
PARAGRAPH 2. { + The amendment proposed by this resolution
shall be submitted to the people for their approval or rejection
at the next regular general election held throughout this
state. + }
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