74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
SA to SB 267
LC 773/SB 267-1
SENATE AMENDMENTS TO
SENATE BILL 267
By COMMITTEE ON JUDICIARY
March 22
On page 1 of the printed bill, delete lines 5 through 28.
Delete pages 2 and 3 and insert:
' { + 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. + } ' .
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