74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
HA to HB 2322
 
LC 850/HB 2322-1
 
                       HOUSE AMENDMENTS TO
                         HOUSE BILL 2322
 
                    By COMMITTEE ON JUDICIARY
 
                            March 13
 
  On page 1 of the printed bill, line 2, after '1.220, ' insert
'2.570,'.
  On page 4, delete lines 10 and 11.
  In line 12, delete '(3)' and insert '(2)'.
  Delete lines 16 through 18 and insert:
  ' (3) A judge of a county court or justice court who is an
active member of the Oregon State Bar:
  ' (a) May act as an attorney in a court other than the court in
which the judge presides; and
  ' (b) May not be engaged in the practice of law with an
attorney who appears in the court in which the judge presides.
  ' (4) A judge pro tempore may not preside in an action or
proceeding if an attorney who is engaged in the practice of law
with the judge appears in the action or proceeding.'.
  On page 7, after line 41, insert:
 
                               { +
' APPOINTED JUDGES OF THE COURT OF APPEALS + }
 
  '  { +  SECTION 13. + } ORS 2.570 is amended to read:
  ' 2.570. (1) In hearing and determining causes, the judges of
the Court of Appeals may sit together or in departments.
  ' (2) A department shall consist of three judges. For
convenience of administration, each department may be numbered.
The Chief Judge shall from time to time designate the number of
departments and make assignments of the judges among the
departments. The Chief Judge may sit in one or more departments
and when so sitting may preside. The Chief Judge shall designate
a judge to preside in each department.
  ' (3) The majority of any department shall consist of regularly
elected   { - and qualified - }  { +  or appointed + } judges of
the Court of Appeals. However, if disqualifications, recusals or
other events reduce the number of available judges to fewer than
three, the Supreme Court may appoint such number of qualified
persons as may be necessary as pro tempore members of the Court
of Appeals.
  ' (4) The Chief Judge shall apportion the business of the court
between the departments. Each department shall have power to hear
and determine causes, and all questions that may arise therein,
subject to subsection (5) of this section. The presence of three
judges is necessary to transact business in any department,
except such business as may be transacted in chambers by any
judge. The concurrence of two judges is necessary to pronounce
judgment.
  ' (5) The Chief Judge or a majority of the regularly elected
  { - and qualified - }  { +  or appointed + } judges of the
Court of Appeals at any time may refer a cause to be considered
en banc. When sitting en banc, the court may include not more
than two judges pro tempore of the Court of Appeals. When the
court sits en banc, the concurrence of a majority of the judges
participating is necessary to pronounce judgment, but if the
judges participating are equally divided in their view as to the
judgment to be given, the judgment appealed from shall be
affirmed.
  ' (6) The Chief Judge may rule on motions and issue orders in
procedural matters in the Court of Appeals.
  ' (7) A judge or judge pro tempore of the Court of Appeals may
participate in the decision of the matter without resubmission of
the cause even though the judge is not present for oral argument
on the matter.
  ' (8) A judge or judge pro tempore of the Court of Appeals may
participate in the decision of a matter without resubmission of
the cause in the following circumstances:
  ' (a) The judge was appointed or elected to the Court of
Appeals after submission of the cause.
  ' (b) The judge is participating in the decision of a cause
that was submitted to a department, and the judge is
participating in lieu of a judge of the department who has died,
become disabled, is disqualified or is otherwise unable to
participate in the decision of a cause submitted to the
department.
  ' (c) The judge is considering a cause en banc, but the judge
was not part of the department that originally considered the
cause.'.
  In line 45, delete '13' and insert '14'.
  On page 8, line 3, delete '14' and insert '15'.
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