Chapter 65
AN ACT
HB 2367
Relating to Council on Court Procedures; amending ORS 1.730.
Be It Enacted by the People of
the State of
SECTION 1. ORS 1.730 is amended to read:
1.730. (1) There is created a Council on Court Procedures consisting
of:
(a) One judge of the
Supreme Court, chosen by the Supreme Court.
(b) One judge of the
Court of Appeals, chosen by the Court of Appeals.
(c) Eight judges of the
circuit court, chosen by the Executive Committee of the Circuit Judges Association.
(d) Twelve members of
the Oregon State Bar, appointed by the Board of Governors of the Oregon State
Bar. The Board of Governors, in making the appointments referred to in this [section] paragraph, shall include
but not be limited to appointments from members of the bar active in civil
trial practice, to the end that the lawyer members of the council shall be
broadly representative of the trial bar and the regions of the state.
(e) One public member,
chosen by the Supreme Court.
(2)(a) A quorum of the
council shall be constituted by a majority of the members of the council.[, and] If a quorum is present, an
affirmative vote by a majority of the members of the council who are
present is required for action by the council on all matters other than
promulgation of rules under ORS 1.735. An affirmative vote of fifteen members
of the council shall be required to promulgate rules pursuant to ORS 1.735.
(b) The council shall
adopt rules of procedure and shall choose, from among its membership, annually,
a chairperson to preside over the meetings of the council.
(3)(a) All meetings of
the council shall be held in compliance with the provisions of ORS 192.610 to
192.690.
(b) In addition to the
requirements imposed by paragraph (a) of this subsection, with respect to the
public hearings required by ORS 1.740 and with respect to any meeting at which
final action will be taken on the promulgation, amendment or repeal of a rule
under ORS 1.735, the council shall cause to be published or distributed to all
members of the bar, at least two weeks before such hearing or meeting, a notice
which shall include the time and place and a description of the substance of
the agenda of the hearing or meeting.
(c) The council shall
make available upon request a copy of any rule which it proposes to promulgate,
amend or repeal.
(4) Members of the
Council on Court Procedures shall serve for terms of four years and shall be
eligible for reappointment to one additional term, provided that, where an
appointing authority has more than one vacancy to fill, the length of the
initial term shall be fixed at either two or four years by that authority to
accomplish staggered expiration dates of the terms to be filled. Vacancies
occurring shall be filled by the appointing authority for the unexpired term.
(5) Members of the
Council on Court Procedures shall not receive compensation for their services
but may receive actual and necessary travel or other expenses incurred in the
performance of their official duties as members of the council, as provided in
ORS 292.210 to 292.288.
Approved by the Governor April 17, 2007
Filed in the office of Secretary of State April 17, 2007
Effective date January 1, 2008
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