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 773
A-Engrossed
Senate Bill 267
Ordered by the Senate March 22
Including Senate Amendments dated March 22
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Senate Interim Committee on
Judiciary for Oregon Judicial Department)
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.
Provides that justice or municipal court may commence or cease
operation as court of record only after { - entry of order by
Supreme Court. - } { + governing body of county or city, as
appropriate, files declaration with Supreme Court. Requires
Supreme Court to enter order acknowledging filing of declaration
and to give notice of order to county or city and to public.
Requires justice court or municipal court operating as court of
record on or before January 1, 2008, to file declaration
including specified information with Supreme Court. Requires
Supreme Court to enter order acknowledging filing of declaration
and to give notice of order to county or city and to public. + }
{ - Provides that any justice or municipal court currently
operating as court of record shall cease to be court of record
unless Supreme Court enters order on or before June 30, 2008,
approving court's continued operation as court of record. - }
A BILL FOR AN ACT
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 Oregon:
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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