72nd OREGON LEGISLATIVE ASSEMBLY--2003 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 575
B-Engrossed
House Bill 2066
Ordered by the Senate June 10
Including House Amendments dated May 2 and Senate Amendments
dated
June 10
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Committee on
Judiciary 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.
Makes miscellaneous changes to laws governing courts.
Eliminates requirement that trial must be scheduled for
violation if conviction of violation would result in revocation
or suspension of defendant's driving privileges. Requires court
to schedule trial on defendant's request.
Repeals requirement that city charters and amendments to
charters be filed with State of Oregon Law Library.
Provides that statement requesting costs and disbursements on
appeal must be certified, not verified.
Provides that State Court Administrator may delegate powers of
office to officers and employees of Judicial Department
designated by State Court Administrator in writing.
Allows tax court magistrate to waive court fees and costs.
Requires certain judges to take specified oath and submit form
to Secretary of State before entering duties of judge.
Allows State Court Administrator to establish collections and
revenue management program.
Declares emergency, effective on passage.
A BILL FOR AN ACT
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.
(c) Record the proceedings of the court.
(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: + }
________________________________________________________________
{ + 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. + }
________________________________________________________________
{ + (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: + }
________________________________________________________________
{ + 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 senior judge of the
State of Oregon, according to the best of my ability. + }
________________________________________________________________
{ + (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.
(c) Settle a transcript for appeal and grant extensions of time
therefor.
(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: - }
µ _____________________________________________________________ º
{ - 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. - }
µ _____________________________________________________________ º
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: - }
µ _____________________________________________________________ º
{ - 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. - }
µ _____________________________________________________________ º
{ - (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. + }
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