75th OREGON LEGISLATIVE ASSEMBLY--2009 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 1916-1
 
                         House Bill 2342
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of House Interim Committee on
  Judiciary for Association of Oregon Counties)
 
 
                             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.
 
  Authorizes governing body of county to appoint person to fill
vacancy in office of justice of peace if court on which justice
of peace served is not court of record.
  Takes effect only if House Joint Resolution 4 (2009) is
approved by people at next regular general election. Takes effect
on effective date of constitutional amendment proposed by House
Joint Resolution 4 (2009).
 
                        A BILL FOR AN ACT
Relating to justices of the peace; creating new provisions; and
  amending ORS 51.260.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 51.260 is amended to read:
  51.260. (1) If a vacancy occurs in the office of justice of the
peace,  { + and the justice court on which the justice of the
peace served is a court of record, + } the Governor immediately
shall appoint some person possessing the qualifications for
election to that office to fill the vacancy   { - until the next
general election and until such appointee's successor is elected
and qualified - } .
   { +  (2) If a vacancy occurs in the office of justice of the
peace, and the court on which the justice of the peace served is
not a court of record, the governing body of the county shall
immediately appoint some person possessing the qualifications for
election to that office to fill the vacancy.
  (3) + }   { - The - }  { +  A + } person appointed to fill
 { - the - }  { +  a + } vacancy  { + under this section + }
shall qualify in the same manner as a person elected to the
office. { +  Unless the vacancy occurs more than 61 days before
the next regular general election, the person appointed shall
serve until that general election and until such appointee's
successor is elected and qualified. If the vacancy occurs 61 days
or less before the next regular general election, the person
appointed shall serve until the general election that follows the
next regular general election and until such appointee's
successor is elected and qualified. + }
    { - (2) - }  { +  (4) + } In the event of a temporary absence
or other incapacity of a justice of the peace, the   { - county
court - }  { +  governing body of the county + }, if it deems it
in the public interest, may appoint a sitting justice of the
peace from any county justice of the peace district within the
State of Oregon, or may appoint a person possessing the
qualifications for election as justice of the peace, to serve as
justice of the peace pro tempore during the period of absence or
incapacity. An appointment under this subsection may not be for a
period exceeding one year.
    { - (3) In the event of a temporary absence of a justice of
the peace for a period of more than 60 consecutive days, or in
the event of inability for a like period to act by reason of
illness or other cause, the Governor, if the Governor deems it
necessary in the public interest that a person be appointed to
fill such temporary vacancy, shall appoint some person possessing
the qualifications for election to such office to fill the
temporary vacancy. - }
    { - (4) - }  { +  (5) + } The person appointed by the
 { - county court or Governor pursuant to - }  { +  governing
body of the county under + } subsection   { - (2) or (3) - }
 { +  (4) + } of this section immediately shall qualify in the
same manner as a person elected to the office, and thereupon
shall perform the duties of justice of the peace for the district
during the temporary absence or inability. During the temporary
tenure, the person shall receive the salary that the absent
justice of the peace otherwise would have received during the
period. When any such appointee has qualified and entered upon
the duties of office, the appointment   { - thereto shall - }
 { +  may + } not be revoked or rescinded during the actual trial
or hearing of any action or proceeding before the appointee
 { - ; but - }  { + . + } The temporary appointment may be
terminated at any other time by written notice to that effect
given by the   { - appointing authority - }  { +  governing body
of the county + } and filed with the county clerk of the county.
    { - (5) - }  { +  (6) + } Every justice of the peace is
entitled to two
  { - weeks - }  { +  weeks' + } paid vacation every year and
during such absence the   { - county court - }  { +  governing
body of the county + } may appoint a justice of the peace pro
tempore pursuant to the provisions of
  { - subsections (2) and - }  { +  subsection  + }(4) of this
section.
  SECTION 2.  { + This 2009 Act does not take effect unless the
amendment to the Oregon Constitution proposed by House Joint
Resolution 4 (2009) is approved by the people at the next regular
general election held throughout this state. This 2009 Act takes
effect on the effective date of that constitutional
amendment. + }
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