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 1278
House Bill 2088
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of Joint Interim Committee on
Judiciary for Oregon State Bar Board of Governors)
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 as
introduced.
Increases legal aid fees charged in circuit courts. Requires
that legal aid fee of $___ be collected whenever hearing fee is
collected in circuit court. Requires that State Court
Administrator collect legal aid fee of $___ when appeal is filed
in Court of Appeals or Supreme Court and legal aid fee of
$___ when response is filed to appeal.
A BILL FOR AN ACT
Relating to legal aid; creating new provisions; and amending ORS
9.574 and 21.480.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 21.480 is amended to read:
21.480. (1) In all counties wherein legal representation is
provided for the poor without fee by a nonprofit legal aid
program operating under the Legal Services Program established
pursuant to ORS 9.572, the clerk of the circuit court shall
collect the fees provided for in { + subsections (2) and (3)
of + } this section to assist in defraying the operating costs of
the legal aid program and to fund mediation programs offered
through the State Department of Agriculture. The fees provided
for in { + subsections (2) and (3) of + } this section are in
addition to all other fees collected by the clerk of the court
{ - , - } and shall be collected by the clerk in the same
manner that other fees are collected by the clerk.
(2) The clerk shall collect the following fees from the
plaintiff or other moving party in each civil suit, action or
proceeding in the circuit court when the plaintiff or party files
the first paper in the suit, action or proceeding, and from a
defendant or respondent when the defendant or respondent files an
appearance in the suit, action or proceeding:
(a) { - $7 - } { + $10 + }, for filings in the small claims
department of a circuit court.
(b) { - $13 - } { + $18 + }, upon the filing of a complaint
that is subject to the filing fee established under ORS 105.130
(2). If the defendant demands a trial, the clerk shall collect a
fee of { - $28 - } { + $38 + } from the defendant, and an
additional fee of { - $15 - } { + $21 + } from the plaintiff.
In no event shall the plaintiff in an action subject to the
filing fee established under ORS 105.130 be required to pay a
total fee of more than { - $28 - } { + $38 + } under the
provisions of this subsection.
(c) { - $24 - } { + $33 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.111.
(d) { - $22 - } { + $30 + }, if the action, suit or
proceeding is subject to the filing fees established by ORS
21.110 (2).
(e) { - $28 - } { + $38 + }, for any other filings in a
circuit court not specifically provided for in this subsection,
including all probate proceedings, protective proceedings under
ORS chapter 125, adoption proceedings and change of name
proceedings.
{ + (3) The clerk shall collect a fee of $___ whenever a
hearing fee is collected under ORS 21.275.
(4) The State Court Administrator shall collect a fee of $___
from an appellant or petitioner whenever a filing fee is
collected under ORS 21.010 and a fee of $___ from each respondent
whenever an appearance fee is collected under ORS 21.010. + }
{ - (3) - } { + (5) + } All fees collected { + by the
clerk + } under this section shall be deposited with the State
Court Administrator { + . All fees collected under this section
shall be distributed + } in the manner provided by ORS 9.574.
{ - (4) - } { + (6) + } Ten percent of the funds deposited
with the State Court Administrator under this section shall be
transferred by the State Court Administrator on a monthly basis
to the State Department of Agriculture, until such time as the
amount specified under subsection { - (5) - } { + (7) + } of
this section has been transferred to the State Department of
Agriculture for the biennium. Moneys transferred to the State
Department of Agriculture under this section are continuously
appropriated to the department and may be used by the department
only for the purpose of funding mediation programs established by
the department. Moneys appropriated to the department under this
subsection may not be used by the department to fund the costs of
conducting individual farm credit mediations. The department
shall consult with the Dispute Resolution Commission in
establishing and operating mediation programs funded under this
subsection.
{ - (5) - } { + (7) + } The amount transferred by the State
Court Administrator to the State Department of Agriculture under
subsection { - (4) - } { + (6) + } of this section shall not
exceed:
(a) $80,000 in the 1997-1999 biennium; and
(b) $100,000 in all biennia after the 1997-1999 biennium.
SECTION 2. ORS 9.574 is amended to read:
9.574. { - All fees collected under the provisions of ORS
21.480 shall be deposited with the State Court Administrator. - }
Within the first 25 days of the month following the month in
which { - the - } fees are collected { + under ORS
21.480 + }, the State Court Administrator shall make the
distribution required by ORS 21.480 { - (4) - } { + (6) + }.
The remaining funds deposited with the State Court Administrator
shall be { - deposited - } { + distributed + } by the State
Court Administrator { - with - } { + to + } the Oregon State
Bar. All amounts { - so deposited with - } { + distributed
to + } the Oregon State Bar { + under this section + } are
continuously appropriated to the Oregon State Bar, and may be
used only for the funding of legal services provided through the
Legal Services Program established under ORS 9.572 and for
expenses incurred by the Oregon State Bar in the administration
of the Legal Services Program.
SECTION 3. { + The amendments to ORS 21.480 by section 1 of
this 2003 Act apply only to filings and requests for hearings
made on or after the effective date of this 2003 Act. + }
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