Chapter 518 Oregon Laws 2003

AN ACT

HB 2066

Relating to courts; creating new provisions; amending ORS 1.204, 1.300, 1.600, 1.635, 8.120, 20.320, 21.605, 153.070, 153.073 and 305.455; repealing ORS 221.710; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

TRIALS IN VIOLATION PROCEEDINGS

SECTION 1. ORS 153.070 is amended to read:

153.070. [(1)] The court may require that a trial be held in any violation proceeding. If the defendant requests a trial under ORS 153.061, or a trial is required by the court or by law, the court shall set a date, time and place for the trial.

[(2)(a) Unless a plea of guilty or no contest is entered, a trial must be scheduled for a violation if conviction of the violation would result in the revocation or suspension of the defendant’s driving privileges.]

[(b) Notwithstanding paragraph (a) of this subsection, the court is not required to schedule a trial if the defendant fails to appear on a citation for a traffic offense and the suspension of the defendant’s driving privileges is pursuant to ORS 809.220.]

SECTION 1a. ORS 153.073 is amended to read:

153.073. [If the defendant requests a trial under ORS 153.061, or a trial is required by the court or by law, the court shall fix a date, time and place for the trial.] Unless notice is waived by the defendant, the court shall mail or otherwise provide to the defendant notice of the date, time and place at least five days before the date set for trial under ORS 153.070. If the citation is for a traffic violation, or is for a violation of ORS 471.430, the notice must contain a warning to the defendant that if the defendant fails to appear at the trial, the driving privileges of the defendant are subject to suspension under ORS 809.220.

FILING OF CITY CHARTERS WITH

STATE OF OREGON LAW LIBRARY

SECTION 2. ORS 221.710 is repealed.

COSTS AND DISBURSEMENTS

IN APPELLATE COURTS

SECTION 3. ORS 20.320 is amended to read:

20.320. [No] Costs or disbursements shall not be allowed in the Supreme Court or Court of Appeals to [any] a party unless [that] the party serves on the adverse party or the adverse party’s attorney, and files with the State Court Administrator, a [verified] statement certified under ORCP 17 showing with reasonable certainty [the items of] all costs and disbursements [in the cause] claimed by the party. The statement [shall] must be accompanied by proof of service [thereof] on all adverse parties, and [shall] must be filed within 21 days[, or such further time as may be allowed by the court,] from the date of the court’s decision, or within such further time as may be allowed by the court. The total of the items included in the statement of costs and disbursements thus filed, with the exception of items or amounts not allowed by law or by rules of the Supreme Court or Court of Appeals, shall be entered by the administrator as a part of the appellate judgment, in favor of the party entitled [thereto] to the costs and disbursements, unless [the] an adverse party within 14 days from date of service of [such] the statement [shall serve and file verified] serves and files objections [thereto] to the statement. The filing or appearance fee and the prevailing party fee under ORS 20.190 (1) shall be [allowed as a matter of course to the party entitled thereto,] awarded by the court without the filing of a statement of costs and disbursements.

DELEGATION OF POWERS

OF STATE COURT ADMINISTRATOR

SECTION 4. ORS 8.120 is amended to read:

8.120. (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.

(d) Keep the records, files, books and papers pertaining to the court.

(e) File all papers 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 paper 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 [State Court Administrator] Judicial Department designated by the State Court Administrator in writing.

WAIVER OF FEES AND COSTS

BY TAX COURT MAGISTRATE

SECTION 5. ORS 21.605 is amended to read:

21.605. (1)(a) The Chief Justice of the Supreme Court, the Chief Judge of the Court of Appeals, a judge of a circuit or county court, the judge of the Oregon Tax Court, a tax court magistrate or a justice of the peace may waive in whole or in part, defer in whole or in part, or both, all fees and court costs payable by a party to a particular civil action or proceeding in the court of the justice, [or] judge or magistrate, upon application by the party, if the justice, [or] judge or magistrate finds that the party is unable to pay all or any part of the fees and costs. Waiver or deferral of an inmate’s fees and court costs is subject to ORS 30.642 to 30.650.

(b) No fee shall be required for filing an application under paragraph (a) of this subsection.

(c) In the judgment or other final written disposition of the action or proceeding the court shall note the dollar amount of the fees and costs not waived and then unpaid, and that amount shall be a judgment in favor of the public body to which the fees and costs are owed. Failure of the court to perform the duty imposed by this paragraph does not otherwise affect the validity of the judgment or other final written disposition.

(d) The judgment or other final written disposition of the action or proceeding may also contain an order for the payment of the amount of the fees and costs not waived and then unpaid not later than a date certain or on the happening of one or more events. A default in payment by the person so ordered to pay shall subject the person to a contempt proceeding.

(e) A judgment or other final written disposition rendered under this subsection may be filed, entered and docketed as a judgment in any county in this state.

(2) If fees and court costs payable by a party to a civil action or proceeding have been waived or deferred under subsection (1) of this section, that party shall not be required to pay any fees or costs so waived or deferred except as provided in subsection (1) of this section and ORS 30.642 to 30.650, and any pleading, petition, application, request, motion, claim, demand, exception or other paper or appearance presented by that party for filing or acceptance in the action or proceeding shall be filed or accepted without the payment of any such fees or costs.

(3)(a) In a civil action or proceeding, the court to which an appeal is taken may waive in whole or in part, defer in whole or in part, or partially waive and partially defer the expense of preparing a transcript on appeal, if:

(A) The party requesting the transcript is unable to pay the expense of preparing the transcript; and

(B) The party requesting the transcript makes a prima facie showing that the transcript is necessary to prosecute the appeal and would reveal reversible error in the action or proceeding.

(b) In any civil action or proceeding in which the court waives or defers any part of the expense of preparing a transcript on appeal, the court shall authorize preparation of only so much of the transcript as is necessary to prosecute the appeal.

(c) To the extent that the court waives or defers any part of the expense of preparing a transcript on appeal, the State Court Administrator shall pay the expense out of funds appropriated for that purpose.

(d) If the court defers payment of any part of the expense of preparing a transcript, and any part of the deferred expense remains unpaid at the conclusion of the appeal, the court may enter judgment against the party for the unpaid amounts in the manner provided by subsection (1) of this section.

(e) If costs on appeal are awarded to a party who has obtained a waiver or deferral under this subsection, any portion of the costs awarded for the expense of preparing the transcript on appeal shall be ordered paid to the State Court Administrator to the extent that the waived or deferred expense was paid by the State Court Administrator.

(f) Waiver or deferral of an inmate’s expenses under this subsection is subject to ORS 30.642 to 30.650.

(4) In any case in which fees and court costs have been waived or deferred under this section, a judgment or other final written disposition shall be rendered as in other cases, but the state shall not be liable for the payment of any fees or costs awarded against a party whose fees or costs have been waived or deferred.

(5) In the exercise of the authority granted by ORS 1.002, the Chief Justice of the Supreme Court may provide by rule standards and practices for waiver or deferral of fees, court costs and expense under this section.

OATH OF OFFICE FOR JUDGES

SECTION 6. (1) Before entering upon the duties of a judge of the Supreme Court, whether upon election or appointment as a judge of the Supreme Court or upon appointment as a senior judge or a judge pro tempore, a person must take and subscribe, and submit to the Secretary of State, an oath in the form provided by section 7, Article VII (Amended) of the Oregon Constitution.

(2) Except as provided in subsection (3) of this section, before entering upon the duties of a judge of the Court of Appeals, the Oregon Tax Court or a circuit court, a person who is appointed or elected to the office must take and subscribe, and submit to the Secretary of State, an oath in the following form:

____________________________________________________________________________

I, ________, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a judge of the _________ (court), according to the best of my ability, and that I will not accept any other office, except judicial offices, during the term for which I have been _____ (elected or appointed).

____________________________________________________________________________

(3) Before entering upon the duties of a judge pro tempore of the Court of Appeals, the Oregon Tax Court or a circuit court, a person must take and subscribe, and submit to the Secretary of State, an oath in the following form:

____________________________________________________________________________

(4) Before entering upon the duties of a senior judge of the State of Oregon, a person must take and subscribe, and submit to the Secretary of State, an oath in the following form:

____________________________________________________________________________

(5) Subsections (3) and (4) of this section do not require that any person take an oath more than once during the term that the person is approved to serve as a senior judge or judge pro tempore, or that a person serving as a senior judge or judge pro tempore take the prescribed oath before each assignment as a judge of the Court of Appeals, Oregon Tax Court or circuit court. Subsection (3) of this section does not require that a judge assigned to serve as judge pro tempore under ORS 1.615 take any additional oath of office.

SECTION 7. ORS 1.300 is amended to read:

1.300. (1) A judge who retires from the circuit court, Oregon Tax Court, Court of Appeals or Supreme Court, except a judge retired under the provisions of ORS 1.310, may be designated a senior judge of the State of Oregon by the Supreme Court and, if so designated, shall be so certified by the Secretary of State.

(2) Upon filing with the Secretary of State an oath of office as a senior judge as prescribed in [subsection (7) of this section] section 6 of this 2003 Act, a senior judge is eligible for temporary assignment, with the consent of the senior judge, by the Supreme Court to a state court as provided in this subsection, whenever the Supreme Court determines that the assignment is reasonably necessary and will promote the more efficient administration of justice. A senior judge who retired from the Supreme Court may be assigned to any state court. A senior judge who retired from a court other than the Supreme Court may be assigned to any state court other than the Supreme Court.

(3) The assignment of a senior judge shall be made by an order which shall designate the court to which the judge is assigned and the duration of the assignment. Promptly after assignment of a senior judge under this section, the Supreme Court shall cause a certified copy of the order to be sent to the senior judge and another certified copy to the court to which the judge is assigned.

(4) Each senior judge assigned as provided in this section has all the judicial powers and duties, while serving under the assignment, of a regularly elected and qualified judge of the court to which the senior judge is assigned. The powers, jurisdiction and judicial authority of the senior judge in respect to any case or matter tried or heard by the senior judge while serving under the assignment shall continue beyond the expiration of the assignment so far as may be necessary to:

(a) Decide and dispose of any case or matter on trial or held under advisement.

(b) Hear and decide any motion for a new trial or for a judgment notwithstanding a verdict, or objections to any cost bill, that may be filed in the case.

(5) A senior judge assigned as provided in this section shall receive as compensation for each day the senior judge is actually engaged in the performance of duties under the assignment an amount equal to five percent of the gross monthly salary of a regularly elected and qualified judge of the court to which the senior judge is assigned, or one-half of that daily compensation for services of one-half day or less. However, a retired judge shall not receive for services as a senior judge during any calendar year a sum of money which when added to the amount of any judicial retirement pay received by the senior judge for the year exceeds the annual salary of a judge of the court from which the senior judge retired. The compensation shall be paid upon the certificate of the senior judge that the services were performed for the number of days shown in the certificate. Services by a senior judge under an assignment and receipt of compensation for services shall not reduce or otherwise affect the amount of any retirement pay to which the senior judge otherwise would be entitled.

(6) A senior judge assigned to a court located outside the county in Oregon in which the senior judge regularly resides shall receive, in addition to daily compensation, reimbursement for hotel bills and traveling expenses necessarily incurred in the performance of duties under the assignment. The expenses shall be paid upon presentation of an itemized statement of the expenses, certified by the senior judge to be correct.

[(7) To be eligible for assignment, a senior judge must take, subscribe and file with the Secretary of State, the following oath or affirmation:]

[____________________________________________________________________________]

I, ________, do solemnly swear that as a senior judge of the State of Oregon I will support the Constitution of the United States and the Constitution of the State of Oregon, and that upon hereafter accepting any assignment to serve as a judge of a court of this state I will faithfully discharge the duties thereof to the best of my ability.

[____________________________________________________________________________]

SECTION 8. ORS 1.600 is amended to read:

1.600. (1) The Supreme Court may appoint any regularly elected and qualified, or appointed and qualified, judge of the Court of Appeals, Oregon Tax Court or circuit court to serve as judge pro tempore of the Supreme Court, or any regularly elected and qualified, or appointed and qualified, judge of the Supreme Court, Oregon Tax Court or circuit court to serve as judge pro tempore of the Court of Appeals, whenever the Supreme Court determines that the appointment is reasonably necessary and will promote the more efficient administration of justice.

(2) An appointment under this section shall be made by order of the Supreme Court. The order shall designate the court to which the judge is appointed and the duration of the appointment. The Supreme Court shall cause a certified copy of the order to be sent to the judge appointed and another certified copy to be filed in the records of the court to which the judge is appointed.

[(3) Before entering upon the duties of a judge pro tempore, an appointee under this section shall take and subscribe, and transmit to the Secretary of State, an oath of office in substantially the form prescribed by section 7, Article VII (Amended) of the Oregon Constitution.]

[(4)] (3) Each judge serving as judge pro tempore as provided in this section has all the judicial powers and duties, while so serving, of a regularly elected and qualified judge of the court to which the judge is appointed. However, a judge pro tempore shall not participate in the review of any case in which the judge pro tempore participated while serving on a lower court. Every decision, order or determination made by the Supreme Court or Court of Appeals while one or more judges pro tempore are serving as judges of the court shall be as binding and effective in every respect as if all of the judges participating were regularly elected and qualified judges of the court.

SECTION 9. ORS 1.635 is amended to read:

1.635. [(1)] The Supreme Court may appoint any eligible person to serve as judge pro tempore of the Oregon Tax Court or as judge pro tempore of the circuit court in any county or judicial district, whenever the Supreme Court determines that the appointment is reasonably necessary and will promote the more efficient administration of justice. A person is eligible for appointment if the person is a resident of this state and has been a member in good standing of the Oregon State Bar for a period of at least three years next preceding the appointment.

[(2) An appointment under this section shall not become effective until the appointee subscribes an oath or affirmation substantially as follows:]

[____________________________________________________________________________]

I do solemnly swear (or affirm) that I will support the Constitution of the United States and the Constitution of the State of Oregon, and that I will faithfully discharge the duties of the office of judge of the ________ court of the State of Oregon to the best of my ability.

[____________________________________________________________________________]

[(3) The oath or affirmation shall be filed in the office of the Secretary of State.]

SECTION 10. ORS 305.455 is amended to read:

305.455. (1) The judge of the tax court shall be a citizen of the United States and of this state, and shall have been admitted to practice in the Supreme Court of Oregon and have been engaged in this state for at least three years preceding the election or appointment of the judge of the tax court, either in active practice, governmental or private, as an attorney and counselor at law or in the discharge of the duties of a judicial or quasi-judicial office. [Before entering upon the duties of office, the judge shall take and subscribe to an oath or affirmation for the faithful discharge of the duties thereof, and such oath shall be filed in the office of the Secretary of State.]

(2) Notwithstanding the provision of any other law, the provisions of ORS 14.250 relating to the disqualification of a judge for prejudice shall not be applicable to any judge serving regularly or temporarily as a judge of the tax court.

JUDICIAL DEPARTMENT COLLECTIONS

AND REVENUE MANAGEMENT PROGRAM

SECTION 11. ORS 1.204 is amended to read:

1.204. (1) The State Court Administrator may establish a collections and revenue management program within the Judicial Department for the purpose of [enhancing] administering accounts and collections. Subject to policies and procedures prescribed by the State Court Administrator, the collections and revenue management program may collect, by any means authorized by law, all amounts owing to the state that are subject to collection by the state courts or by a commission, department or division in the judicial branch of state government. The State Court Administrator may establish a separate unit within the [collections] program for the collection of parking fines in counties with populations of more than 500,000.

(2) There is established within the General Fund the Judicial Department Collections Account. The account shall consist of moneys deposited in the account under the provisions of subsection (3) of this section. All moneys in the account are continuously appropriated to the Judicial Department and may be used only for the purposes specified in subsection (3) of this section.

(3) All moneys collected by the collections and revenue management program established under this section shall be deposited in the Judicial Department Collections Account. At the end of each calendar month, the State Court Administrator shall distribute the amounts in the account in the following order of priority:

(a) Except as provided in subsection (4) of this section, the collections and revenue management program shall be reimbursed for actual costs and expenses of the program, including personnel expenses, incurred in the administration and collection of accounts. The amount of reimbursement may not exceed the actual costs and expenses incurred by the collections and revenue management program. The State Court Administrator may designate a single percentage amount to be retained from all moneys collected under the program, but must adjust that percentage amount periodically to reflect actual program costs.

(b) All moneys not expended under paragraph (a) of this subsection shall be distributed as otherwise provided by law for the amounts collected.

(4) The collections and revenue management program may not be reimbursed under subsection (3) of this section from any of the following amounts collected under the program, and all such amounts collected under the program shall be distributed as otherwise provided by law:

(a) Restitution and compensatory fines paid under judgments in criminal actions;

(b) Legal aid fees collected under ORS 21.480;

(c) Law library fees collected under ORS 21.350;

(d) Dispute resolution surcharges imposed under ORS 36.170; and

(e) Fees imposed under ORS 21.112.

SECTION 12. The unit captions used in this 2003 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 2003 Act.

SECTION 13. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect on its passage.

Approved by the Governor July 1, 2003

Filed in the office of Secretary of State July 1, 2003

Effective date July 1, 2003

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