74th OREGON LEGISLATIVE ASSEMBLY--2007 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 1028
 
                         House Bill 2141
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Attorney General Hardy
  Myers for Department of Justice)
 
 
                             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.
 
  Permits Court of Appeals to summarily affirm judgments
pertaining to juvenile matters and commitment for mental
disabilities.
 
                        A BILL FOR AN ACT
Relating to summary affirmance on appeal; creating new
  provisions; and amending ORS 419A.200.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 419A.200 is amended to read:
  419A.200. (1) Except as provided in ORS 419A.190, any person or
entity, including, but not limited to, a party to a juvenile
court proceeding under ORS 419B.875 (1) or 419C.285 (1), whose
rights or duties are adversely affected by a judgment of the
juvenile court may appeal therefrom. An appeal from a circuit
court must be taken to the Court of Appeals, and an appeal from a
county court must be taken to the circuit court.
  (2) If the proceeding is in the circuit court and no record of
the proceedings was kept, the court, on motion made not later
than 15 days after the entry of the court's judgment, shall grant
a rehearing and shall direct that a record of the proceedings be
kept. However, the court may not grant a rehearing in a case
barred by ORS 419A.190 without the consent of the child, ward,
youth or youth offender affected by such case. If a rehearing is
held, the time for taking an appeal runs from the date of entry
of the court's judgment after the rehearing.
  (3)(a) The appeal may be taken by causing a notice of appeal,
in the form prescribed by ORS 19.250, to be served:
  (A) On all parties who have appeared in the proceeding;
  (B) On the trial court administrator or other person serving as
clerk of the juvenile court; and
  (C) On the juvenile court transcript coordinator, if a
transcript is designated in connection with the appeal.
  (b) The original of the notice with proof of service must be
filed with:
  (A) The Court of Appeals if the appeal is from a circuit court;
or
  (B) The circuit court if the appeal is from a county court.
  (c) The notice must be filed not later than 30 days after the
entry of the court's judgment. On appeal from the county court,
the circuit court shall hear the matter de novo and its judgment
is appealable to the Court of Appeals in the same manner as if
the proceeding had been commenced in the circuit court.
  (4) The counsel in the proceeding from which the appeal is
being taken shall file and serve those documents necessary to
commence an appeal if the counsel is requested to do so by the
party the counsel represents.
  (5)(a) Upon motion of a person, other than the state, entitled
to appeal under subsection (1) of this section, the appellate
court shall grant the person leave to file a notice of appeal
after the time limits described in subsection (3) of this section
if:
  (A) The person shows a colorable claim of error in the
proceeding from which the appeal is taken; and
  (B) The person shows that the failure to file a timely notice
of appeal is not personally attributable to the person.
  (b) A person other than the state is not entitled to relief
under this subsection for failure to file timely notice of
cross-appeal when the state appeals pursuant to ORS 419A.208.
  (c) The request for leave to file a notice of appeal after the
time limits prescribed in subsection (3) of this section must be
filed no later than 90 days after entry of the judgment being
appealed and must be accompanied by the notice of appeal sought
to be filed. A request for leave under this subsection may be
filed by mail and is deemed filed on the date of mailing if the
request is mailed as provided in ORS 19.260.
  (d) The court may not grant relief under this subsection unless
the state has notice and opportunity to respond to the person's
request for relief.
  (6) An appeal to the Court of Appeals must be conducted in the
same manner as an appeal under ORS chapter 19 except that:
  (a) The court shall advance the appeal on the court's docket in
the same manner as appeals in criminal cases;   { - and - }
  (b) The court's scope of review is de novo on the record
 { - . - }  { + ; and
  (c) The court may summarily affirm the judgment on appeal, on
its own motion or on the motion of the respondent, after
submission of the appellant's brief, without submission of the
respondent's brief and without oral argument, if the court finds
that the appeal does not present a substantial question of law.
Notwithstanding ORS 2.570, the Chief Judge of the Court of
Appeals may deny a respondent's motion for summary affirmance
under this paragraph or may grant the motion if the appellant
does not oppose the motion. An order of summary affirmance or a
dismissal of the appeal under this paragraph constitutes a
decision upon the merits of the appeal. + }
  (7)(a) Except as provided in ORS 419A.208 (2), or when
otherwise ordered by the appellate court, the filing of an appeal
does not suspend an order or judgment of the juvenile court nor
discharge the ward or youth offender from the custody of the
person, institution or agency in whose custody the ward or youth
offender may have been placed nor preclude the juvenile court
after notice and hearing from entering such further orders
relating to the ward or youth offender's custody pending final
disposition of the appeal as it finds necessary by reason only of
matters transpiring subsequent to the order or judgment appealed
from. The trial court administrator shall immediately file
certified copies of any such order or judgment with the Court of
Appeals.
  (b) Notwithstanding the filing of an appeal from a
jurisdictional or dispositional judgment or an order entered
pursuant to ORS 419B.449 or 419B.476, the juvenile court may
proceed with the adjudication of a petition seeking termination
of the parental rights of a parent of the ward who is subject to
the judgment from which the appeal is taken.
 
  (c) The appeal of any judgment entered in a termination of
parental rights proceeding under paragraph (b) of this subsection
must be consolidated, if appropriate, with any pending appeal of
an order or judgment entered under ORS 419B.325, 419B.449 or
419B.476. The consolidated appeal must be conducted and advanced
on the court's docket in the same manner as termination of
parental rights cases.
  (8) On appeal of a judgment or final order, the appellate court
may review any interlocutory order that:
  (a) Involves the merits or necessarily affects the judgment or
final order appealed from; and
  (b) Was made after entry of the last appealable judgment or
final order preceding entry of the judgment or final order being
appealed.
  (9) The district attorney or Attorney General shall represent
the state in the appeal.
  SECTION 2.  { + In reviewing a judgment of commitment under ORS
chapter 426 on appeal, the Court of Appeals may summarily affirm
the judgment on its own motion or on the motion of the respondent
after submission of the appellant's brief, without submission of
the respondent's brief and without oral argument, if the court
finds that the appeal does not present a substantial question of
law. Notwithstanding ORS 2.570, the Chief Judge of the Court of
Appeals may deny a respondent's motion for summary affirmance
under this section or may grant the motion if the appellant does
not oppose the motion. An order of summary affirmance or a
dismissal of the appeal under this section constitutes a decision
upon the merits of the appeal. + }
  SECTION 3.  { + In reviewing a judgment of commitment under ORS
chapter 427 on appeal, the Court of Appeals may summarily affirm
the judgment on its own motion or on the motion of the respondent
after submission of the appellant's brief, without submission of
the respondent's brief and without oral argument, if the court
finds that the appeal does not present a substantial question of
law. Notwithstanding ORS 2.570, the Chief Judge of the Court of
Appeals may deny a respondent's motion for summary affirmance
under this section or may grant the motion if the appellant does
not oppose the motion. An order of summary affirmance or a
dismissal of the appeal under this section constitutes a decision
upon the merits of the appeal. + }
  SECTION 4.  { + This 2007 Act applies to appeals filed on or
after January 1, 2008. + }
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