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
 
                         Senate Bill 267
 
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 as
introduced.
 
  Provides that justice or municipal court may commence or cease
operation as court of record only after entry of order by Supreme
Court.
  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) - }
 { + (6) + } 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 approving a
petition 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 petition with the Supreme Court requesting an order
approving commencement of operation of the justice court as a
court of record. The petition must show that the justice court
has met all conditions established by law or by the Supreme Court
for a court of record. The Supreme Court may not charge a fee for
filing a petition under this subsection.
  (3) + } 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) - }  { +  (4) + }   { - 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) - }  { +  (5) + } 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) - }  { +  (6) + } 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:
  (a) The governing body of the county in which the court is
located files a petition with the Supreme Court requesting an
order approving the cessation of the justice court's operation as
a court of record; and
  (b) The Supreme Court determines that the governing body of the
county has taken all steps necessary for an orderly cessation of
the justice court's operation as a court of record and enters an
order approving the cessation of the justice court's operation as
a court of record.
  (2) The Supreme Court may not charge a fee for filing a
petition under this section. + }
  SECTION 3.  { + (1) Any justice court that is operating as a
court of record on January 1, 2008, shall cease to be a court of
record on July 1, 2008, unless:
  (a) The governing body of the county in which the court is
located files a petition with the Supreme Court on or before
March 1, 2008, requesting an order approving the continued
operation of the justice court as a court of record; and
  (b) The Supreme Court determines that the justice court meets
all conditions established by law or by the Supreme Court for a
court of record and enters an order on or before June 30, 2008,
approving the continued operation of the justice court as a court
of record.
  (2) The Supreme Court may not charge a fee for filing a
petition under this section. + }
  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 approving a
petition 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 petition with the Supreme Court requesting an
order approving commencement of operation of the municipal court
as a court of record. The petition must show that the municipal
court has met all conditions established by law or by the Supreme
Court for a court of record. The Supreme Court may not charge a
fee for filing a petition under this section.
  (3) + } 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) - }   { + (4) + } 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) - }   { + (5) + } 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:
  (a) The governing body of the city in which the court is
located files a petition with the Supreme Court requesting an
order approving the cessation of the municipal court's operation
as a court of record; and
  (b) The Supreme Court determines that the governing body of the
city has taken all steps necessary for an orderly cessation of
the municipal court's operation as a court of record and enters
an order approving the cessation of the municipal court's
operation as a court of record.
  (2) The Supreme Court may not charge a fee for filing a
petition under this section. + }
  SECTION 7.  { + (1) Any municipal court that is operating as a
court of record on January 1, 2008, shall cease to be a court of
record on July 1, 2008, unless:
  (a) The governing body of the city in which the court is
located files a petition with the Supreme Court on or before
March 1, 2008, requesting an order approving the continued
operation of the municipal court as a court of record; and
  (b) The Supreme Court determines that the municipal court meets
all conditions established by law or by the Supreme Court for a
court of record and enters an order on or before June 30, 2008,
approving the continued operation of the municipal court as a
court of record.
  (2) The Supreme Court may not charge a fee for filing a
petition under this section. + }
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