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 2905
 
                         House Bill 3067
 
Sponsored by Representative PROZANSKI
 
 
                             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.
 
  Eliminates restriction on justice and municipal courts becoming
courts of record. Allows justice or municipal court to become
court of record even though justice or municipal court is located
within 50 driving miles of circuit court.
  Allows justice and municipal courts that are courts of record
to use audio recording reporting device in lieu of court
reporter.
  Allows plaintiff in prosecution of offense defined and made
punishable by city charter or ordinance to appeal to circuit
court.
 
                        A BILL FOR AN ACT
Relating to courts; creating new provisions; and amending ORS
  51.025, 221.342 and 221.359.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 51.025 is amended to read:
  51.025. (1)   { - Except as provided in subsection (4) of this
section, - }  Any justice court may become a court of record by
the passage of an ordinance by the governing body of the county
in which the court is located. The county shall ensure that a
court reporter  { + or audio recording reporting device + } is
provided for each justice court made a court of record under this
section.
  (2) Notwithstanding ORS 53.005 to 53.125 and ORS chapter 157,
the appeal from a judgment entered in a justice court that
becomes a court of record under this section shall be as provided
in ORS chapters 19 and 138 for appeals from judgments of circuit
courts.
  (3) As a qualification for the office, the justice of the peace
for any justice court that becomes a court of record must be a
member of the Oregon State Bar.
    { - (4) A justice court may not become a court of record
under the provisions of this section if the court is located
within 50 driving miles of the circuit court for the county in
which the justice court is located, measured by the shortest
distance by public roads between the justice court and the
circuit court. - }
  SECTION 2. ORS 221.342 is amended to read:
  221.342. (1)   { - Except as provided in subsection (4) of this
section, - }  Any municipal court may become a court of record by
the passage of an ordinance by the governing body of the city in
which the court is located. The city shall ensure that a court
reporter  { +  or audio recording reporting device + } is
provided for each municipal court made a court of record under
this section.
  (2) The appeal from a judgment entered in a municipal court
that becomes a court of record under this section shall be as
provided in ORS chapter 138 for appeals from judgments of circuit
courts.
  (3) As a qualification for the office, a municipal judge for
any municipal court that becomes a court of record must be a
member of the Oregon State Bar.
    { - (4) A municipal court may not become a court of record
under the provisions of this section if the court is located
within 50 driving miles of the circuit court for the county in
which the municipal court is located, measured by the shortest
distance by public roads between the municipal court and the
circuit court. - }
  SECTION 3. ORS 221.359 is amended to read:
  221.359. (1) Except as provided in subsection   { - (2) - }
 { +  (3) + } of this section, whenever any person is convicted
in the municipal court of any city of any offense defined and
made punishable by any city charter or ordinance, such person
shall have the same right of appeal to the circuit court within
whose jurisdiction the city has its legal situs and maintains its
seat of city government as now obtains from a conviction from
justice courts. The appeal shall be taken and perfected in the
manner provided by law for taking appeals from justice courts,
except that in appeals taken under this section, ORS 221.360,
221.380 or 221.390:
  (a) The notice thereof shall be served upon the city attorney;
  (b) When the notice of appeal has been filed with the court
from which the appeal is being taken, the appellate court shall
have jurisdiction of the cause. Failure to serve a notice of
appeal on the appropriate attorney shall not preclude
jurisdiction in the appellate court; and
  (c) No undertaking providing for the payment of costs and
disbursements shall be required.
   { +  (2) Except as provided in subsection (3) of this section,
in a prosecution of any offense defined and made punishable by
any city charter or ordinance, a plaintiff may appeal to the
circuit court within whose jurisdiction the city has its legal
situs and maintains its seat of city government in the manner
provided by ORS 157.020 (2) for taking appeals from justice
courts. + }
    { - (2) - }  { +  (3) + } The provisions of this section
apply only to municipal courts that have not become courts of
record under ORS 221.342. Appeals of criminal judgments in
municipal courts that have become courts of record under ORS
221.342 shall be as provided in ORS chapter 138 for appeals from
judgments of circuit courts.
  SECTION 4.  { + The amendments to ORS 221.359 by section 3 of
this 2003 Act apply only to prosecutions commenced on or after
the effective date of this 2003 Act. + }
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