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 701
House Bill 2367
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
Presession filed (at the request of House Interim Committee on
Judiciary for Oregon State Bar Procedure and Practice
Committee)
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.
Provides that, if quorum is present, Council on Court
Procedures may act by affirmative vote by majority of members in
attendance on all matters other than promulgation of rules.
A BILL FOR AN ACT
Relating to Council on Court Procedures; amending ORS 1.730.
Be It Enacted by the People of the State of Oregon:
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.
----------