Chapter 330
AN ACT
SB 267
Relating to operation of a court as a court
of record; creating new provisions; and amending ORS 51.025 and 221.342.
Be It Enacted by the People of
the State of
SECTION 1. ORS 51.025 is amended to read:
51.025. (1) Except as provided in subsection [(4)] (7) of this section, any justice court may become a
court of record by:
(a) The passage of an ordinance by the governing
body of the county in which the court is located[.]; and
(b) The entry of an order
by the Supreme Court acknowledging the filing of the declaration required under
subsection (2) of this section.
(2) Before a justice
court may become a court of record, the governing body of the county in which
the court is located must file a declaration with the Supreme Court that
includes:
(a) A statement that the
justice court satisfies the requirements of this section for becoming a court
of record;
(b) The address and
telephone number of the clerk of the justice court; and
(c) The date on which
the justice court will commence operations as a court of record.
(3) The Supreme Court
may not charge a fee for filing a declaration under subsection (2) of this section. Not later than 30 days after a declaration
is filed under subsection (2) of this section, the Supreme Court shall enter an
order acknowledging the filing of the declaration and give notice of the order
of acknowledgment to the county and the public.
(4) The county shall [ensure that] provide a court reporter [is provided] or an audio recording device for each justice
court made a court of record under this section.
[(2)] (5) [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)] (6) 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)] (7) 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. (1) Any justice court that has become a
court of record under ORS 51.025 may cease to operate as a court of record only
if the governing body of the county in which the court is located files a
declaration with the Supreme Court identifying the date on which the justice
court will cease operation as a court of record. The date identified in the
declaration may not be less than 31 days after the date the declaration is
filed.
(2) The Supreme Court
may not charge a fee for filing a declaration under subsection (1) of this
section. Not later than 30 days after a declaration is filed under subsection
(1) of this section, the Supreme Court shall enter an order acknowledging the filing
of the declaration and give notice of the order of acknowledgment to the county
and the public.
(3) The appeal from a
judgment entered in a justice court after the date identified in a declaration
filed under this section shall be as provided in ORS 53.005 to 53.125 and ORS
chapter 157.
SECTION 3. (1) On or before June 30, 2008, any justice
court that is operating as a court of record on January 1, 2008, must file a
declaration with the Supreme Court that includes:
(a) A statement that the
justice court satisfies the requirements of ORS 51.025 for becoming a court of
record;
(b) The address and
telephone number of the clerk of the justice court; and
(c) The date on which
the justice court commenced operations as a court of record.
(2) The Supreme Court
may not charge a fee for filing a declaration under subsection (1) of this
section. Not later than 30 days after a declaration is filed under subsection
(1) of this section, the Supreme Court shall enter an order acknowledging the
filing of the declaration and give notice of the order of acknowledgment to the
county and the public.
SECTION 4. ORS 221.342 is amended to read:
221.342. (1) Any municipal court may become a court of record by:
(a) The passage of an ordinance by the governing
body of the city in which the court is located[.]; and
(b) The entry of an
order by the Supreme Court acknowledging the filing of the declaration required
under subsection (2) of this section.
(2) Before a municipal
court may become a court of record, the governing body of the city in which the
court is located must file a declaration with the Supreme Court that includes:
(a) A statement that the
municipal court satisfies the requirements of this section for becoming a court
of record;
(b) The address and
telephone number of the clerk of the municipal court; and
(c) The date on which
the municipal court will commence operations as a court of record.
(3) The Supreme Court
may not charge a fee for filing a declaration under subsection (2) of this
section. Not later than 30 days after a declaration is filed under subsection
(2) of this section, the Supreme Court shall enter an order acknowledging the
filing of the declaration and give notice of the order of acknowledgment to the
city and the public.
(4) The city shall [ensure that] provide a court reporter or an audio
recording [reporting] device [is provided] for each municipal court
made a court of record under this section.
[(2)] (5) 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)] (6) 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.
SECTION 5. Sections 6 and 7 of this 2007 Act are added
to and made a part of ORS chapter 221.
SECTION 6. (1) Any municipal court that has become a
court of record under ORS 221.342 may cease to operate as a court of record
only if the governing body of the city in which the court is located files a
declaration with the Supreme Court identifying the date on which the municipal
court will cease operation as a court of record. The date identified in the
declaration may not be less than 31 days after the date the declaration is
filed.
(2) The Supreme Court
may not charge a fee for filing a declaration under subsection (1) of this
section. Not later than 30 days after a declaration is filed under subsection
(1) of this section, the Supreme Court shall enter an order acknowledging the
filing of the declaration and give notice of the order of acknowledgment to the
city and the public.
(3) The appeal from a
judgment entered in a municipal court after the date identified in the
declaration filed under this section shall be as provided in ORS 221.359 (1)
and (2).
SECTION 7. (1) On or before June 30, 2008, any
municipal court that is operating as a court of record on January 1, 2008, must
file a declaration with the Supreme Court that includes:
(a) A statement that the
municipal court satisfies the requirements of ORS 221.342 for becoming a court
of record;
(b) The address and
telephone number of the clerk of the municipal court; and
(c) The date on which
the municipal court commenced operations as a court of record.
(2) The Supreme Court
may not charge a fee for filing a declaration under subsection (1) of this
section. Not later than 30 days after a declaration is filed under subsection
(1) of this section, the Supreme Court shall enter an order acknowledging the
filing of the declaration and give notice of the order of acknowledgment to the
city and the public.
Approved by the Governor June 11, 2007
Filed in the office of Secretary of State June 13, 2007
Effective date January 1, 2008
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