75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
SA to SB 256
LC 202/SB 256-3
SENATE AMENDMENTS TO
SENATE BILL 256
By COMMITTEE ON JUDICIARY
May 1
In line 2 of the printed bill, delete 'amending ORS 3.014 ' and
insert 'creating new provisions; amending ORS 1.002, 1.175,
1.178, 1.810, 1.830, 3.428, 3.430, 3.434, 5.060, 8.420, 8.435,
8.445, 8.455, 10.061, 10.075, 18.854, 18.855, 21.020, 21.112,
21.125, 21.325, 24.190, 46.488, 51.245, 52.635, 107.425, 137.309,
137.547, 180.345 and 221.354; repealing ORS 1.050, 1.855, 3.016,
3.238, 3.405, 3.408, 3.412, 3.414, 3.417, 3.420, 3.423, 3.425,
3.432, 3.436, 3.438, 3.440, 8.430, 107.735 and 132.440; and
declaring an emergency'.
Delete lines 4 through 18 and insert:
'
{ + FEES FOR USE OF ELECTRONIC APPLICATIONS + }
' { + SECTION 1. + } ORS 1.002 is amended to read:
' 1.002. (1) The Supreme Court is the highest judicial tribunal
of the judicial department of government in this state. The
Chief Justice of the Supreme Court is the presiding judge of the
court and the administrative head of the judicial department of
government in this state. The Chief Justice shall exercise
administrative authority and supervision over the courts of this
state consistent with applicable provisions of law and the Oregon
Rules of Civil Procedure. The Chief Justice, to facilitate
exercise of that administrative authority and supervision, may:
' (a) Make rules and issue orders appropriate to that exercise.
' (b) Require appropriate reports from the judges, other
officers and employees of the courts of this state and municipal
courts.
' (c) Pursuant to policies approved by the Judicial Conference
of the State of Oregon, assign or reassign on a temporary basis
all judges of the courts of this state to serve in designated
locations within or without the county or judicial district for
which the judge was elected.
' (d) Set staffing levels for all courts of the state operating
under the Judicial Department and for all operations in the
Judicial Department.
' (e) Establish time standards for disposition of cases.
' (f) Establish budgets for the Judicial Department and all
courts operating under the Judicial Department.
' (g) Assign or reassign all court staff of courts operating
under the Judicial Department.
' (h) Pursuant to policies approved by the Judicial Conference
of the State of Oregon, establish personnel rules and policies
for judges of courts operating under the Judicial Department.
' (i) Take any other action appropriate to the exercise of the
powers specified in this section and other law, and appropriate
to the exercise of administrative authority and supervision by
the Chief Justice over the courts of this state.
' (2) The Chief Justice may make rules { + and establish
fees + } for the use of electronic applications in the courts,
including but not limited to rules relating to:
' (a) Applications based on the use of the Internet and other
similar technologies;
' (b) The use of an electronic document, or use of an
electronic image of a paper document in lieu of the original
paper copy, for a document, process or paper that is served,
delivered, received, filed, entered or retained in any action or
proceeding;
' (c) The use of electronic signatures or another form of
identification for any document, process or paper that is served,
delivered, received, filed, entered or retained in any action or
proceeding and that is required by any law or rule to be signed;
' (d) The use of electronic transmission for the service of
documents in a proceeding, other than service of a summons or
service of an initial complaint or petition;
' (e) Payment of statutory or court-ordered monetary
obligations through electronic media;
' (f) Electronic storage of court documents;
' (g) Use of electronic citations in lieu of the paper citation
forms as allowed under ORS 153.770, including use of electronic
citations for parking ordinance violations that are subject to
ORS 221.333 or 810.425;
' (h) Public access through electronic means to court documents
that are required or authorized to be made available to the
public by law; and
' (i) Transmission of open court proceedings through electronic
media.
' (3) Rules adopted by the Chief Justice under subsection (2)
of this section must be consistent with the laws governing courts
and court procedures, but any person who serves, delivers,
receives, files, enters or retains an electronic document, or an
electronic image of a paper document in lieu of the original
paper copy, in the manner provided by a rule of the Chief Justice
under subsection (2) of this section shall be considered to have
complied with any rule or law governing service, delivery,
reception, filing, entry or retention of a paper document.
' (4) Rules made and orders issued by the Chief Justice under
this section shall permit as much variation and flexibility in
the administration of the courts of this state as are appropriate
to the most efficient manner of administering each court,
considering the particular needs and circumstances of the court,
and consistent with the sound and efficient administration of the
judicial department of government in this state.
' (5) The judges, other officers and employees of the courts of
this state shall comply with rules made and orders issued by the
Chief Justice. Rules and orders of a court of this state, or a
judge thereof, relating to the conduct of the business of the
court shall be consistent with applicable rules made and orders
issued by the Chief Justice.
' (6) The Chief Judge of the Court of Appeals and the presiding
judge of each judicial district of this state are the
administrative heads of their respective courts. They are
responsible and accountable to the Chief Justice of the Supreme
Court in the exercise of their administrative authority and
supervision over their respective courts. Other judges of the
Court of Appeals or court under a presiding judge are responsible
and accountable to the Chief Judge or presiding judge, and to the
Chief Justice, in respect to exercise by the Chief Justice, Chief
Judge or presiding judge of administrative authority and
supervision.
' (7) The Chief Justice may delegate the exercise of any of the
powers specified by this section to the presiding judge of a
court, and may delegate the exercise of any of the administrative
powers specified by this section to the State Court
Administrator, as may be appropriate.
' (8) This section applies to justices of the peace and the
justice courts of this state solely for the purpose of
disciplining of justices of the peace { - and for the purpose
of continuing legal education of justices of the peace - } .
'
{ + STATUTORY TIME LIMITS + }
' { + SECTION 2. + } ORS 1.175 is amended to read:
' 1.175. { - Any time - } { + If + } a court of this state
is directed by a provision of Oregon Revised Statutes to accord
priority on { - its - } { + the court's + } docket { + or
meet a specific statutory time limit + }for a particular action
or proceeding, and { - the priority to be accorded is unclear
in light of other provisions of Oregon Revised Statutes - } { +
the court does not have sufficient resources to comply with both
the statutory direction and another statutory or constitutional
priority or timeline + }, the court may accord such priorities as
are consistent with { - : - }
' { - (1) Specific statutory time limits; and - }
' { - (2) - } the court's efficient administration of its
caseload, giving due consideration to the interests sought to be
furthered by { + the Legislative Assembly in + } according
docket priorities to certain actions or proceedings before the
court { + and in establishing statutory time limits + }.
' { + SECTION 3. + } { + ORS 1.050 is repealed. + }
'
{ + COURT SECURITY + }
' { + SECTION 4. + } ORS 1.178 is amended to read:
' 1.178. (1) The State Court { - Facilities - } Security
Account is established separate and distinct from the General
Fund. The account consists of moneys deposited to the credit of
the account under ORS 137.309 (7). Interest earned by the State
Court
{ - Facilities - } Security Account shall be credited to the
account. Moneys in the account are continuously appropriated to
the State Court Administrator for the { - purpose - }
{ + purposes + } of { + :
' (a) + } Providing security in buildings that contain or are
utilized by the Supreme Court, Court of Appeals, Oregon Tax Court
or office of the State Court Administrator as described under ORS
1.177 { + ; and
' (b) Providing security for Judicial Department
communications, data, information and records systems + }.
' (2) Expenditures by the State Court Administrator from the
State Court { - Facilities - } Security Account shall be made
only for:
' (a) Developing or implementing a plan for state court
security improvement, emergency preparedness and business
continuity under ORS 1.177; and
' (b) Statewide training on state court security.
' (3) The State Court Administrator shall provide to the Chief
Justice of the Supreme Court at least quarterly a financial
report showing all revenues, deposits and expenditures from the
State Court { - Facilities - } Security Account maintained by
the State Court Administrator.
' (4) It is the intent of the Legislative Assembly that any
amounts in the State Court { - Facilities - } Security Account
that are not needed for the purposes specified in
{ - subsection (2) of - } this section be used to fund plans
for security improvement, emergency preparedness and business
continuity in circuit courts, justice courts and municipal
courts.
' { + SECTION 5. + } ORS 137.309 is amended to read:
' 137.309. (1) Except as provided in subsection (4) of this
section, whenever a circuit or municipal court or a justice of a
justice court imposes a sentence of a fine, term of imprisonment,
probation or any combination thereof, including a sentence
imposed and thereafter suspended, as a penalty for an offense as
defined in ORS 161.505, excluding parking violations, an
assessment in addition to such sentence shall be collected.
' (2) The assessment is not part of the penalty or in lieu of
any part thereof. The amount of the assessment shall be as
follows:
' (a) $5, when the fine or forfeiture is $5 to $14.99.
' (b) $15, when the fine or forfeiture is $15 to $49.99.
' (c) $18, when the fine or forfeiture is $50 to $99.99.
' (d) $25, when the fine or forfeiture is $100 to $249.99.
' (e) $30, when the fine or forfeiture is $250 to $499.99.
' (f) $66, when the fine or forfeiture is $500 or more.
' (3) Assessments imposed under subsections (1) to (5) of this
section shall be collected as provided in subsections (6) to (9)
of this section.
' (4) The court is not required to impose the assessment, or a
part of the assessment, if it finds that the defendant is
indigent or that imposition of the assessment would constitute an
undue hardship.
' (5) Payment to a court shall not be credited to the
assessment described in subsections (1) to (5) of this section
until all other fines, fees and assessments ordered by the court
have been paid.
' (6) Except as provided in subsections (7) and (8) of this
section, amounts paid for the assessment imposed by this section
must be transferred by the court to the county treasurer of the
county in which the court is located not later than the last day
of the month immediately following the month in which the amounts
are collected.
' (7) Prior to making payment to the county treasurer as
provided in subsections (6) and (9) of this section, the clerk of
a circuit, municipal or justice court:
' (a) Shall withhold and deposit in the State Treasury to the
credit of the State Court { - Facilities - } Security Account
the following amounts:
' (A) $3, when the assessment is $15.
' (B) $4, when the assessment is $18.
' (C) $5, when the assessment is $25.
' (D) $6, when the assessment is $30.
' (E) $7, when the assessment is $66.
' (b) May withhold an amount equal to the reasonable costs
incurred by the clerk in collection and distribution of the
assessment.
' (8) Prior to making payment to the county treasurer as
provided in subsections (6) and (9) of this section, the clerk of
a circuit, municipal or justice court:
' (a) Shall withhold and deposit in the State Treasury to the
credit of the Law Enforcement Medical Liability Account the
following amounts:
' (A) $1, when the assessment is $15 or $18.
' (B) $2, when the assessment is $25 or $30.
' (C) $5, when the assessment is $66.
' (b) May withhold an amount equal to the reasonable costs
incurred by the clerk in collection and distribution of the
assessment.
' (9) A city that lies in more than one county shall pay the
assessments it collects to each county in proportion to the
percent of the population of the city that resides in each
county.
'
{ + JUDICIAL CONFERENCE + }
' { + SECTION 6. + } ORS 1.810 is amended to read:
' 1.810. There hereby is created and established a Judicial
Conference of the State of Oregon. The conference shall consist
of all the judges of the Supreme Court, the Court of Appeals, the
Oregon Tax Court and the circuit courts and all senior judges
certified under ORS 1.300. The Chief Justice shall be chairperson
of the conference and shall have power to invite any persons not
members of the conference to attend the meetings of the
conference and consult with it in the performance of its duties.
The State Court Administrator shall act as executive secretary of
the conference. { - Each member of the conference, the State
Court Administrator, and each person invited by the Chief
Justice, is entitled to reimbursement for hotel bills and
traveling expenses necessarily incurred in the performance of
duties relating to the Judicial Conference of the State of
Oregon. - }
' { + SECTION 7. + } ORS 1.830 is amended to read:
' 1.830. The conference shall meet { - at such time as shall
be designated by its chairperson, not less than once - }
annually { + or at such other times as the Chief Justice of the
Supreme Court directs + }.
'
{ + JUSTICE AND MUNICIPAL COURT REGISTRY + }
' { + SECTION 8. + } { + ORS 1.855 is repealed. + }
'
{ + SIXTH JUDICIAL DISTRICT + }
' { + SECTION 9. + } { + ORS 3.016 is repealed. + }
'
{ + SPECIAL TERMS OF COURT + }
' { + SECTION 10. + } { + ORS 3.238 is repealed. + }
' { + SECTION 11. + } ORS 5.060 is amended to read:
' 5.060. There shall be a term of the county court in each
county for the transaction of judicial business on the first
Monday of each month, and at such other times as the court in
term or the judge in vacation may appoint { - , in like manner
and with like effect as the circuit court or judge is authorized
by ORS 3.238 - } . The court shall be open at 10 a.m.
'
{ + CONSOLIDATED COURT ADMINISTRATION + }
' { + SECTION 12. + } { + Subject to approval by the Chief
Justice of the Supreme Court, the presiding judge of a judicial
district that contains more than one county, or that has more
than one place within a county where the court regularly sits,
may consolidate court administrative functions in one place for
the purposes of:
' (1) Filing, copying and inspecting documents;
' (2) Receiving fees and other funds; and
' (3) Conducting trials and other proceedings, other than
criminal trials in which the defendant has not waived the venue
specified by section 11, Article I of the Oregon
Constitution. + }
'
{ + FAMILY COURTS + }
' { + SECTION 13. + } { + ORS 3.405, 3.408, 3.412, 3.414,
3.417, 3.420, 3.423, 3.425 and 3.432 are repealed. + }
' { + SECTION 14. + } ORS 21.112 is amended to read:
' 21.112. (1) The clerk of the court shall collect at the time
a proceeding described in subsection (4) of this section is filed
a fee in an amount determined by the governing body of the county
to be necessary in the particular type of case, in addition to
any other funds used therefor, to pay the expenses of providing:
' (a) Mediation under ORS 107.755 to 107.795;
' (b) Conciliation services under ORS 107.510 to 107.610;
' (c) Expedited parenting time enforcement under ORS 107.434;
' { - (d) Education programs under ORS 3.425; - }
' { - (e) - } { + (d) + } Investigations, evaluations,
examinations and referrals for services under ORS 107.425; and
' { - (f) - } { + (e) + } Any other program or service to
which parties may be referred or that may be ordered by that
court, including programs or services established to assist the
court or a family in a domestic relations case if the presiding
judge for the judicial district has approved the program or
service.
' (2) Before approving the provision of any program or service
under subsection (1)(d) { - to (f) - } { + or (e) + } of this
section, the presiding judge shall evaluate:
' (a) The need for programs and services described in
subsection (1)(a) to (c) of this section and the appropriate
level of funding for those programs and services; and
' (b) The impact on funding for the programs and services
described in subsection (1)(a) to (c) of this section that would
result from providing a program or service under subsection
(1)(d)
{ - to (f) - } { + or (e) + } of this section.
' (3) The fees provided for in this section are in addition to
all other fees that are collected by the clerk at the time the
proceeding is filed. Fees collected under this section shall be
paid, in the manner determined by the State Court Administrator,
to the appropriate officer of the county within the first 25 days
of the month following the month in which collected. The fees
shall be used by the county to pay the expenses specified in
subsection (1) of this section.
' (4) The additional fee established by this section shall be
collected by the clerk:
' (a) In the following proceedings:
' (A) Proceedings for dissolution of marriage, annulment of
marriage or separation.
' (B) Filiation proceedings under ORS 109.124 to 109.230.
' (C) Proceedings to determine custody or support of a child
under ORS 109.103.
' (D) Proceedings for modifications of orders issued under
subparagraphs (A) to (C) of this paragraph.
' (E) Proceedings under ORS 107.434.
' (b) For responses in any of the proceedings listed in
paragraph (a) of this subsection.
'
{ + FAMILY LAW FACILITATION PROGRAMS + }
' { + SECTION 15. + } ORS 3.428 is amended to read:
' 3.428. (1) { - A family law facilitation program may be
established by the judges of the family court department of a
circuit court. If there is no family court department for the
court, a family law facilitation program may be established for a
circuit court by the presiding judge for the judicial district. A
family law facilitation program shall be designed to assist
litigants in domestic relations or other family court proceedings
described in ORS 3.408. - } { + The presiding judge for a
judicial district may establish a family law facilitation program
for a circuit court in the judicial district to assist litigants
in the following proceedings:
' (a) Proceedings under the provisions of ORS chapters 107,
108, 109 and 110;
' (b) Proceedings under the provisions of ORS chapter 25;
' (c) Guardianship proceedings for minors under the provisions
of ORS chapter 125;
' (d) Juvenile court proceedings under ORS chapters 419A, 419B
and 419C;
' (e) Proceedings to commit a person with a mental illness
under the provisions of ORS chapter 426 and ORS 430.397 to
430.401; and
' (f) Probate proceedings under ORS chapters 111, 112, 113,
114, 115, 116 and 117.
' (2) + } { - The - } { + A family law facilitation + }
program shall be developed in consultation with { - the - }
{ + any + } local family law advisory committee established for
the judicial district under ORS 3.434. The program shall operate
under the supervision of { - the family court department or, if
there is no family court department, under the supervision of - }
the presiding judge for the judicial district.
{ - Services under the program shall be provided by court
personnel in facilities under the supervision and control of the
family court department or, if there is no family court
department, under the supervision and control of the presiding
judge for the judicial district. The program may provide: - }
' { - (a) Educational materials. - }
' { - (b) Court forms. - }
' { - (c) Assistance in completing forms. - }
' { - (d) Information about court procedures. - }
' { - (e) Referrals to agencies and resources that provide
legal and other services to parents or children. - }
' { - (2) All materials, forms, instructions and referral
lists provided through the program must be approved by the family
court department or, if there is no family court department, by
the presiding judge for the judicial district. - }
' { - (3) Except for those fees authorized for forms under ORS
21.361, services provided through the program shall be provided
without charge. - }
' { - (4) - } { + (3) + } An employee or other person
providing services to litigants through a family law facilitation
program as provided in this section is not engaged in the
practice of law for the purposes of ORS 9.160.
' { - (5) Except as provided in subsection (6) of this
section, an employee or other person who assisted litigants
through a family law facilitation program may not, for a period
of one year after leaving the program, charge or collect any fee
from a litigant for services relating to a matter that was the
subject of assistance under the program. - }
' { - (6) The prohibition of subsection (5) of this section
does not apply to persons admitted to the practice of law in this
state. - }
'
{ + FAMILY COURT ADVOCATE PROGRAMS + }
' { + SECTION 16. + } ORS 3.430 is amended to read:
' 3.430. (1) { + In counties designated by the Chief Justice
of the Supreme Court, + } the Judicial Department { - shall - }
{ + may + } establish family court advocate programs { - in
counties specified in subsection (4) of this section - } { + to
integrate and coordinate family-focused prevention and
intervention services for at-risk families + }. { - The
programs shall be designed to develop an efficient system for
providing integrated, family-focused prevention and intervention
services to at-risk families identified by the family courts in
those counties, and to coordinate available human services and
community resources with the family courts in those counties,
both for the purpose of court proceedings and for the purpose of
preventing the types of problems that eventually lead to
involvement with the judicial system. - }
' { - (2) The family court advocate programs implemented under
this section shall emphasize the following goals: - }
' { - (a) Protection of children. - }
' { - (b) Successful completion of family plans designed by
the programs. - }
' { - (c) Improved linkage between the family court and
community services. - }
' { - (d) Improvements in the functioning of each family that
is provided services by the programs. - }
' { - (e) Decreased caseload in the courts of this state in
matters relating to families. - }
' { - (f) Integration of family services. - }
' { - (g) Identification of and referral to alternatives to
court proceedings. - }
' { - (3) The family court advocate programs shall: - }
' { - (a) Coordinate services that are available to persons
who are parties in proceedings before the family court, or who
may become parties in proceedings before the family court. - }
' { - (b) Assist human services agencies in efforts made by
those agencies to collaborate with the family court. - }
' { - (c) Assist circuit court judges in viewing litigation
involving families with a focus on the family instead of viewing
the parties as individual litigants. - }
' { - (d) Intervene with at-risk families who do not receive
governmental assistance. - }
' { - (e) Research, identify and advocate new programs that
will improve the use of family courts. - }
' { - (4) - } { + (2) + } Family court advocate programs
{ - shall - } { + may + } be established in { - Jackson
County, Deschutes County and such other - } counties { - as may
be - } designated by the Chief Justice of the Supreme Court.
'
{ + COORDINATION OF SERVICES IN FAMILY LAW CASES + }
' { + SECTION 17. + } ORS 3.434 is amended to read:
' 3.434. { - (1) No later than January 1, 1999, the presiding
judge of each judicial district shall adopt a plan to coordinate
the provision of services to families involved in domestic
relations or other family court proceedings. - }
' { - (2) - } The presiding judge of { - the - }
{ + a + } judicial district
{ - shall - } { + may + } establish a local family law
advisory committee for the judicial district. { - The committee
will prepare the plan required by subsection (1) of this section.
The membership of the local advisory committee must reflect the
diversity of the judicial district and must include, in addition
to the presiding judge or a judge designated by the presiding
judge, the trial court administrator and business, social
service, community and government representatives who must be
knowledgeable in family and family law issues. - } In judicial
districts composed of more than one county, the presiding judge
may establish a local advisory committee in each county or
establish one or more committees to serve multiple counties.
' { - (3)(a) At a minimum, the local family law advisory
committee shall address the following in the plan: - }
' { - (A) Mandates for mediation of child custody or parenting
time disputes, requiring each party to attend either a group or
private mediation orientation session; - }
' { - (B) Methods of coordinating cases when the same child or
family is involved in multiple cases; and - }
' { - (C) The need for, and provision of, conciliation
services, mediation services, child custody evaluations, parent
education and visitation services. - }
' { - (b) The local advisory committee may include other
elements in the plan, including but not limited to: - }
' { - (A) The need for, and provision of, services relating to
prevention and early intervention; and - }
' { - (B) The use of settlement options such as mediation,
conciliation, arbitration and settlement conferences. - }
' { - (c) The local advisory committee shall include in the
plan a list of mediators qualified to provide mediation in cases
involving spousal support and division of property issues. Once
the list is developed, the judicial district shall maintain the
list. - }
' { - (4) The local family law advisory committee shall
present the plan to the county governing body of each county
within the judicial district and to the presiding judge of the
judicial district for their approval. The local advisory
committee shall send copies of the plan to the Chief Justice of
the Supreme Court and those members of the Oregon House of
Representatives and the Oregon Senate who represent the areas
within the judicial district. - }
' { - (5) The local family law advisory committee may assist
in implementing, monitoring and revising the plan. The local
advisory committee, working in conjunction with legal service
providers, may coordinate access to family law resources,
including family law facilitation and other services. - }
' { + SECTION 18. + } ORS 180.345 is amended to read:
' 180.345. (1) The Department of Justice is responsible for the
administration, supervision and operation of the program
authorized by Title IV-D of the Social Security Act (42 U.S.C.
651 et seq.), hereinafter the Child Support Program. The
Administrator of the Division of Child Support of the Department
of Justice is the Child Support Program Director for the State of
Oregon.
' (2) The Department of Justice, by and through the director,
may:
' (a) Enter into cooperative agreements with appropriate
courts, law enforcement officials, district attorneys, Indian
tribes or tribal organizations and state agencies to provide
assistance in carrying out Child Support Program services and any
other matters of common concern;
' (b) Provide billing, receipting, record keeping, accounting
and distribution services for child and spousal support cases
that receive services required under state and federal law;
' (c) Maintain the state plan required under federal law and
act as the liaison for the Child Support Program with the United
States Department of Health and Human Services;
' (d) Establish policy and adopt rules for the operation of the
Child Support Program by the Department of Justice and by
entities entering into cooperative agreements under this section;
' (e) Conduct performance and program audits of entities
entering into cooperative agreements under this section; and
' (f) Perform any other act necessary or desirable to ensure
the effective administration of the Child Support Program under
state and federal law.
' (3) The Department of Justice shall accept and disburse
federal funds made available to the state for provision of the
Child Support Program and all related functions in a manner
consistent with federal law. The department may retain the state
share of moneys recovered under child support assignments for the
administration of the Child Support Program as allowed under
federal regulations.
' (4) It is the policy of the Child Support Program to inform
persons served by the program, in a manner consistent with
federal law, of resources not provided by the program that are
available for assistance in family law matters including, but not
limited to, services provided through the courts of this state,
the Oregon State Bar, law schools and legal service providers
that receive funding from fees collected under ORS 21.480. The
program shall consult with { - the - } { + any + } local
family law advisory committees established under ORS 3.434 to
ensure that eligible individuals are aware of the services
offered by the program. The policy described in this subsection
shall be incorporated into staff training and is applicable to
all entities that have entered into cooperative agreements with
the Department of Justice under this section.
' (5) The director shall ensure that Child Support Program
policy and rules, to the maximum extent practicable, meet the
needs of the majority of families served by the program. The
director shall guide program staff regarding implementation of
the policy and rules.
'
{ + STATEWIDE FAMILY LAW ADVISORY COMMITTEE + }
' { + SECTION 19. + } { + ORS 3.436 is repealed. + }
' { + SECTION 20. + } ORS 107.425 is amended to read:
' 107.425. (1) In suits or proceedings described in subsection
(4) of this section in which there are minor children involved,
the court may cause an investigation to be made as to the
character, family relations, past conduct, earning ability and
financial worth of the parties for the purpose of protecting the
children's future interest. The court may defer the entry of a
general judgment until the court is satisfied that its judgment
in such suit or proceeding will properly protect the welfare of
such children. The investigative findings shall be offered as and
subject to all rules of evidence. Costs of the investigation may
be charged against one or more of the parties or as a cost in the
proceedings but shall not be charged against funds appropriated
for public defense services.
' (2) The court, on its own motion or on the motion of a party,
may order an independent physical, psychological, psychiatric or
mental health examination of a party or the children and may
require any party and the children to be interviewed, evaluated
and tested by an expert or panel of experts. The court may also
authorize the expert or panel of experts to interview other
persons and to request other persons to make available to the
expert or panel of experts records deemed by the court or the
expert or panel of experts to be relevant to the evaluation. The
court may order the parties to authorize the disclosure of such
records. In the event the parties are unable to stipulate to the
selection of an expert or panel of experts to conduct the
examination or evaluation, the court shall appoint a qualified
expert or panel of experts. The court shall direct one or more of
the parties to pay for the examination or evaluation in the
absence of an agreement between the parties as to the
responsibility for payment but shall not direct that the expenses
be charged against funds appropriated for public defense
services. If more than one party is directed to pay, the court
may determine the amount that each party will pay based on
financial ability.
' (3)(a) In addition to an investigation, examination or
evaluation under subsections (1) and (2) of this section, the
court may appoint an individual or a panel or may designate a
program to assist the court in creating parenting plans or
resolving disputes regarding parenting time and to assist parents
in creating and implementing parenting plans. The services
provided to the court and to parents under this section may
include:
' (A) Gathering information;
' (B) Monitoring compliance with court orders;
' (C) Providing the parents, their attorneys, if any, and the
court with recommendations for new or modified parenting time
provisions; and
' (D) Providing parents with problem solving, conflict
management and parenting time coordination services or other
services approved by the court.
' (b) Services provided under this section may require the
provider to possess and utilize mediation skills, but the
services are not comprised exclusively of mediation services
under ORS 107.755 to 107.795. If only mediation services are
provided, the provisions of ORS 107.755 to 107.795 apply.
' (c) The court may order one or more of the parties to pay for
services provided under this subsection, if the parties are
unable to agree on their respective responsibilities for payment.
The court may not order that expenses be charged against funds
appropriated for public defense services.
' (d) The presiding judge of each judicial district shall
establish qualifications for the appointment and training of
individuals and panels and the designation of programs under this
section. { - In establishing qualifications, a presiding judge
shall take into consideration any guidelines recommended by the
statewide family law advisory committee. - }
' (4) The provisions of this section apply when:
' (a) A person files a domestic relations suit, as defined in
ORS 107.510;
' (b) A motion to modify an existing judgment in a domestic
relations suit is before the court;
' (c) A parent of a child born to an unmarried woman initiates
a civil proceeding to determine custody or support under ORS
109.103;
' (d) A person petitions or files a motion for intervention
under ORS 109.119;
' (e) A person or the administrator files a petition under ORS
109.125 to establish paternity and paternity is established; or
' (f) A habeas corpus proceeding is before the court.
' (5) Application of the provisions of subsection (1), (2) or
(3) of this section to the proceedings under subsection (4) of
this section does not prevent initiation, entry or enforcement of
an order of support.
' (6) The court, on its own motion or on the motion of a party,
may appoint counsel for the children. However, if requested to do
so by one or more of the children, the court shall appoint
counsel for the child or children. A reasonable fee for an
attorney so appointed may be charged against one or more of the
parties or as a cost in the proceedings but shall not be charged
against funds appropriated for public defense services.
' (7) Prior to the entry of an order, the court on its own
motion or on the motion of a party may take testimony from or
confer with the child or children of the marriage and may exclude
from the conference the parents and other persons if the court
finds that such action would be likely to be in the best
interests of the child or children. However, the court shall
permit an attorney for each party to attend the conference and
question the child, and the conference shall be reported.
'
{ + FAMILY LAW ACCOUNT + }
' { + SECTION 21. + } { + ORS 3.438, 3.440 and 107.735 are
repealed. + }
'
{ + SHORTHAND REPORTERS + }
' { + SECTION 22. + } ORS 8.420 is amended to read:
' 8.420. (1) The State Court Administrator { - shall - }
{ + may + } verify the qualifications of shorthand reporters to
be certified and shall issue the certificate of shorthand
reporter to qualified applicants.
' (2) The administrator shall { + :
' (a) + } Adopt policies necessary to administer ORS 8.415 to
8.455 { - and may appoint any committees necessary to function
in accordance with ORS 8.415 to 8.455 - } .
' { + (b) Establish qualifications for certification of
shorthand reporters, including speed requirements. In
establishing speed requirements under this section, the
administrator shall consider standards developed by nationally
recognized certification programs.
' (c) Adopt policies for the examination of applicants and the
issuance of certificates under ORS 8.415 to 8.455.
' (d) Issue certificates to applicants upon compliance with the
requirements of ORS 8.415 to 8.455 and policies of the
administrator.
' (e) Establish continuing education requirements for periodic
renewal of certificates issued under ORS 8.415 to 8.455.
' (f) Establish a code of conduct and grounds for discipline of
certified shorthand reporters. + }
' (3) The administrator { - shall - } { + may + }:
' (a) Adopt policies { + establishing categories of shorthand
reporter certification based on appropriate skill and performance
levels and + } establishing the qualifications necessary for the
issuance of a certificate of certified shorthand reporter
{ - ; - } { + for each of those categories; and + }
' { - (b) Determine the qualifications of persons applying for
certificates under ORS 8.415 to 8.455; - }
' { - (c) Adopt policies for the examination of applicants and
the issuing of certificates under ORS 8.415 to 8.455; - }
' { - (d) Grant certificates to qualified applicants upon
compliance with ORS 8.415 to 8.455 and policies of the
administrator; - }
' { - (e) Establish continuing education requirements for
biennial renewal of certificates; - }
' { - (f) Collect fees as set by the administrator; - }
' { - (g) Require the biennial renewal of all
certificates; - }
' { - (h) Establish a code of conduct and grounds for
disciplinary action; and - }
' { - (i) - } { + (b) + } Investigate complaints regarding
{ - court - } { + certified shorthand + } reporters.
' (4) The Certified Shorthand Reporters Advisory Committee
shall recommend:
' (a) Standards establishing the qualifications necessary for
the issuance of a certificate of certified shorthand reporter;
' (b) Qualifications required of persons applying for
certificates under ORS 8.415 to 8.455;
' (c) Procedures for the examination of applicants and the
issuing of certificates under ORS 8.415 to 8.455;
' (d) Certificates be granted by the administrator to qualified
applicants upon compliance with ORS 8.415 to 8.455 and policies
of the administrator;
' (e) Continuing education requirements for { - biennial - }
{ + periodic + } renewal of certificates;
' (f) A code of conduct and grounds for suspension or
revocation of certificates or other disciplinary action to the
administrator;
' (g) Investigation of complaints regarding { - court - }
{ + certified shorthand + } reporters at the direction of the
administrator; and
' (h) Any corrective action that may be required.
' { + SECTION 23. + } ORS 8.435 is amended to read:
' 8.435. (1) { - The certificate of certified shorthand
reporter shall be granted - } { + The State Court Administrator
shall grant a shorthand reporter certificate + } to any person
who meets the requirements of ORS 8.415 to 8.455 and policies of
the State Court Administrator.
' (2) Any person who has received from the administrator a
certificate of 'certified shorthand reporter' shall be styled and
known as a 'certified shorthand reporter' and may also use the
abbreviation of 'C.S.R. '
' { - (3) A certificate shall be renewed biennially as
provided by policies of the administrator. - }
' { - (4) Certificates issued by the administrator may be
renewed biennially upon payment of the fee established under ORS
8.445, completion of established continuing education
requirements and compliance with the code of conduct policy as
established by the administrator. - }
' { + (3) The administrator shall renew a certificate issued
under ORS 8.415 to 8.455 periodically as provided by the
administrator's policies and timelines for completion of
continuing education requirements, compliance with the code of
conduct established under ORS 8.420 (2) and payment of a renewal
fee established by the administrator. + }
' { - (5) - } { + (4) + } A person may not assume or use the
title or designation 'certified shorthand reporter' or the
abbreviation ' C.S.R.' or any other title, designation, words,
letters, abbreviation, sign or device tending to indicate that
the person is a certified shorthand reporter unless the person
has received a certificate as a certified shorthand reporter
under ORS 8.415 to 8.455 and policies of the administrator that
is not revoked, suspended or lapsed.
' { + SECTION 24. + } ORS 8.445 is amended to read:
' 8.445. { - (1) The State Court Administrator shall
establish a fee schedule for fees authorized by ORS 8.415 to
8.455, as follows: - }
' { - (a) Not to exceed $100 for initial registration. - }
' { - (b) Not to exceed $100 for biennial renewal. - }
' { - (c) Not to exceed $100 for the examination. - }
' { + (1) The State Court Administrator shall establish
reasonable fees for applications, examinations, certification and
renewal of certification for shorthand reporters under ORS 8.415
to 8.455. + }
' (2) Fees { + paid under this section + } are nonrefundable.
' { - (3) Subject to a report to the Emergency Board prior to
adopting the fees and charges, the fees and charges established
under this section shall not exceed the cost of administering and
enforcing ORS 8.415 to 8.455, consistent with the budget
authorized by the Legislative Assembly, as that budget may be
modified by the Emergency Board. - }
' { + SECTION 25. + } ORS 8.455 is amended to read:
' 8.455. { - (1) - } There is created a Certified Shorthand
Reporters Advisory Committee consisting of { - seven
members - } { + certified shorthand reporters and other
members + } appointed by the State Court Administrator { + . + }
{ - as follows: - }
' { - (a) Four members of the advisory committee shall be
persons skilled in the practice of shorthand reporting and shall
have been engaged continuously in the practice of shorthand
reporting for a period of not less than five years prior to the
date of appointment as a member of the advisory committee.
Appointees shall be certified under ORS 8.415 to 8.455. Of the
shorthand reporter members, two shall be official reporters and
two shall be free-lance reporters; - }
' { - (b) Two members of the advisory committee shall be
members of the Oregon State Bar; and - }
' { - (c) One member of the advisory committee shall be a
public member and not be a reporter or a member of the Oregon
State Bar or related thereto. The public member is entitled to
compensation and expenses as provided in ORS 292.495. - }
' { - (2) The term of a member of the advisory committee shall
be three years. A member is eligible for reappointment to the
advisory committee. Vacancies occurring shall be filled by
appointment for the unexpired term. - }
' { - (3) The advisory committee shall organize by the
election of one of its members as president and one as
secretary. - }
' { - (4) A majority of the advisory committee shall
constitute a quorum for all purposes. - }
' { + SECTION 26. + } { + ORS 8.430 is repealed. + }
'
{ + JUROR PER DIEM + }
' { + SECTION 27. + } ORS 10.061 is amended to read:
' 10.061. (1) The fee { - of - } { + payable to + } jurors
{ - in courts other than circuit courts - } is $10 for each day
that a juror is required to attend.
' { - (2)(a) The fee of jurors for the first two days of
required attendance in circuit court during a term of service is
$10 for each day that a juror is required to attend. - }
' { - (b) The fee of jurors for the third and subsequent days
of required attendance in circuit court during a term of service
is $25 for each day that a juror is required to attend. - }
' { - (3) - } { + (2) + } Unless otherwise provided by the
terms of an employment agreement, a juror must waive the juror's
fee provided for in { - subsection (1), (2) or (4) of - } this
section if the juror is paid a wage or salary by the juror's
employer for the days that the juror is required to attend a
court { - , including a municipal or justice court - } . The
provisions of this subsection do not affect any claim a juror may
have for mileage reimbursement under ORS 10.065.
' { - (4) - } { + (3) + } In addition to the fees and
mileage prescribed in subsection (1) of this section and ORS
10.065 for service in a court other than a circuit court, the
governing body of a city or county may provide by ordinance for
an additional juror fee and for city or county reimbursement of
jurors for mileage and other expenses incurred in serving as
jurors in courts other than circuit courts.
' { + SECTION 28. + } ORS 221.354 is amended to read:
' 221.354. (1) In all prosecutions for any crime defined and
made punishable by any city charter or ordinance the defendant
shall have the right of trial by jury, of six in number. Juries
shall be selected from the latest tax roll and registration books
used at the last city election in the same manner in which juries
are selected for circuit courts. The verdict of the jury shall be
unanimous.
' (2) Where provision is made for the payment of jury fees by
the defendant as a deposit to ensure a jury trial, and where the
defendant is found not guilty, the deposit shall be returned to
the defendant.
' (3) The deposit required by the municipal court to ensure the
right of trial by jury, under the charter of the city, shall not
be greater than that provided by ORS 10.061 { - in courts other
than circuit courts - } for payment for each juror sworn
multiplied by the number of jurors constituting a jury under the
terms of the charter.
'
{ + WARRANT AUTHORITY AND NOTICES OF GARNISHMENT + }
' { + SECTION 29. + } { + If any person fails to pay in full
any fees imposed under ORS 1.202, the Judicial Department may
issue a warrant for payment of the amount due, with interest and
cost of executing the warrant. At any time after the issuance of
a warrant under this section, the department may record a copy of
the warrant in any County Clerk Lien Record as provided in ORS
205.125. The warrant may thereafter be enforced as provided in
ORS 205.126. + }
' { + SECTION 30. + } ORS 18.854 is amended to read:
' 18.854. { - (1) Any state agency authorized to issue
warrants to collect taxes and debts owed to the State of Oregon,
including but not limited to warrants issued pursuant to ORS
179.655, 184.644, 267.385, 293.250, 314.430, 316.207, 320.080,
321.570, 323.390, 411.703, 657.396, 657.642, 657.646, 705.175 and
825.504, or any county tax collector authorized to issue warrants
to collect taxes and debts owed to the county pursuant to ORS
311.625, may garnish property of a debtor in the possession,
control or custody of a person other than the debtor by
delivering to the person all of the following: - }
' { - (a) A notice of garnishment; - }
' { - (b) A warrant, or a true copy of a warrant; - }
' { - (c) The items specified in ORS 18.650 (1)(b) to (d);
and - }
' { - (d) Any garnishee's search fee payable as provided in
ORS 18.790. - }
' { + (1) A notice of garnishment may be issued by:
' (a) Any state agency authorized to issue warrants to collect
taxes and debts owed to the State of Oregon, including but not
limited to warrants issued pursuant to ORS 179.655, 184.644,
267.385, 293.250, 314.430, 316.207, 320.080, 321.570, 323.390,
411.703, 657.396, 657.642, 657.646, 705.175 and 825.504;
' (b) The Judicial Department, for the enforcement of warrants
issued under section 29 of this 2009 Act; or
' (c) Any county tax collector authorized to issue warrants to
collect taxes and debts owed to the county pursuant to ORS
311.625.
' (2) A state agency, the Judicial Department or a county tax
collector may garnish property of a debtor in the possession,
control or custody of a person other than the debtor by
delivering to the person all of the following:
' (a) A notice of garnishment;
' (b) A warrant, or a true copy of a warrant;
' (c) The items specified in ORS 18.650 (1)(b) to (d); and
' (d) Any garnishee's search fee payable as provided in ORS
18.790.
' (3) If a judgment includes a monetary obligation that a court
or the Judicial Department may collect on behalf of the state,
the department may garnish property of the judgment debtor in the
possession, control or custody of a person other than the
judgment debtor by delivering to the person all of the following:
' (a) A notice of garnishment;
' (b) The items specified in ORS 18.650 (1)(b) to (d); and
' (c) Any garnishee's search fee payable as provided in ORS
18.790. + }
' { - (2) - } { + (4) + } A notice of garnishment may be
issued by any person designated by the state agency { + , by the
Judicial Department + } or by the county tax collector. A warrant
need not be recorded in the County Clerk Lien Record as a
condition of issuing a notice of garnishment under the provisions
of this section. The provisions of ORS 18.800 do not apply to a
notice of garnishment.
' { - (3) - } { + (5) + } If any of the items described in
{ - subsection (1) - } { + subsections (1) to (3) + } of this
section are not delivered to the garnishee, a notice of
garnishment shall not be effective to garnish any property of the
debtor, and the garnishee shall not be required to respond to the
garnishment and may proceed to deal with any property of the
debtor as though the notice of garnishment had not been issued.
' { - (4) - } { + (6) + } Notwithstanding ORS 18.652, a
notice of garnishment and the other items required by
{ - subsection (1) - } { + subsections (1) to (3) + } of this
section may be delivered in person by any employee of the state
agency { + , the Judicial Department + } or
{ - of - } the county tax collector authorized by the
agency { + , the department + } or the county to deliver the
notice of garnishment, or by certified mail, return receipt
requested. The employee need not be covered by the errors and
omissions insurance required in ORS 18.652.
' { - (5) - } { + (7) + } Notwithstanding any provision of
ORS 18.600 to 18.850, a debt calculation form need not be
prepared or delivered for any notice of garnishment.
' { - (6) - } { + (8) + } Notwithstanding ORS 18.792, the
duty of a garnishee to deliver any property of the debtor that
may be contained in a safe deposit box that is in the garnishee's
possession, control or custody at the time of delivery of the
notice of garnishment to the garnishee is conditioned upon the
state agency { + , the Judicial Department + } or the county tax
collector first paying to the garnishee, in addition to the
search fee provided for in ORS 18.790, all reasonable costs
incurred by the garnishee in gaining entry to the safe deposit
box. The costs shall be paid to the garnishee by the state
agency { + , the Judicial Department + } or the county tax
collector at least five days before the date the state
agency { + , the Judicial Department + } or the county tax
collector takes possession of the property in the safe deposit
box. If the state agency { + , the Judicial Department + } or the
county tax collector fails to pay such costs to the garnishee
within 20 days after the delivery of the garnishee response, the
garnishment shall not be effective to garnish any property of the
debtor that may be contained in the safe deposit box and the
garnishee may proceed to deal with the safe deposit box and its
contents as though the notice of garnishment had not been issued.
Nothing in this subsection limits the rights of a state
agency { + , the Judicial Department + } or { + a + } county tax
collector to reach the contents of any safe deposit box in any
manner otherwise provided by law.
' { - (7) - } { + (9) + } Except as provided in this section
and ORS 18.855 and 18.857, all provisions of ORS 18.600 to 18.850
apply to notices of garnishment. The state agency { + , the
Judicial Department + } or { + the + } county tax collector
shall modify the forms provided in ORS 18.600 to 18.850 as
necessary to allow use of those forms for notices of garnishment.
The form of the notice of garnishment must clearly indicate that
the document is a notice of garnishment and must reflect the date
of all warrants on which the notice of garnishment is based.
' { - (8) - } { + (10) + } The Attorney General may adopt
model forms for notices of garnishment and other documents issued
by state agencies { + , the Judicial Department + } and county
tax collectors under this section and ORS 18.855 and 18.857.
{ - There is a presumption, as described in ORS 40.120, that
any - } { + If a + } state agency { + , the Judicial
Department + } or { + a + } county tax collector { - that - }
uses a model form adopted by the Attorney General under this
subsection { + , there is a presumption, as described in ORS
40.120, that the garnishor + } has complied with the requirements
of ORS 18.600 to 18.850, and with the provisions of this section
and ORS 18.855 and 18.857, with respect to the form of notices of
garnishment.
' { + SECTION 31. + } ORS 18.855 is amended to read:
' 18.855. (1) Notwithstanding ORS 18.607, a notice of
garnishment issued by a state agency { + or by the Judicial
Department + } need not contain the name of a court whose
authority is invoked.
' (2) State agencies shall make such modifications as are
necessary in the wage exemption calculation form provided by ORS
18.840 if a notice of garnishment is issued for a debt due for a
state tax that is subject to the provisions of ORS 18.385 (6).
' (3) Notwithstanding ORS 18.625, but subject to ORS 18.618
(2), a notice of garnishment issued by a state agency { + or by
the Judicial Department + } acts to garnish all wages earned by
the debtor by reason of services to the garnishee until the full
amount of the debt is paid or until the notice of garnishment is
released by the state agency { + , by the Judicial Department + }
or by court order. A notice of garnishment issued by a state
agency { + or by the Judicial Department + } must contain
language reasonably designed to notify the garnishee of the
provisions of this subsection.
' (4) Notwithstanding ORS 18.690, a garnishee who receives a
notice of garnishment issued by a state agency need not deliver a
copy of the garnishee response to the clerk of the court, but
must deliver the original of the response to the state agency.
' (5) Notwithstanding ORS 18.700, a challenge to a notice of
garnishment issued by a state agency must be delivered in person
or by first class mail to the state agency within the time
specified by ORS 18.700 (2). Within 14 days after receiving the
challenge, the state agency must either concede the challenge or
give the person making the challenge opportunity for hearing. If
the person making the challenge requests a hearing, the agency
shall immediately refer the challenge to the Office of
Administrative Hearings established under ORS 183.605. The
hearing shall be conducted as soon as possible. Notwithstanding
ORS 183.315, the hearing shall be conducted as a contested case
hearing. An issue that was decided in a previous hearing, or for
which the debtor was previously afforded an opportunity for
hearing, may not be reconsidered.
' (6) If a state agency is issuing a notice of garnishment for
collection of a state tax, and the state agency has reason to
believe that the debtor intends to leave the state or do any
other act that would jeopardize collection of the tax, the state
agency may issue a special notice of garnishment. Any earnings,
as defined in ORS 18.375, garnished under a special notice of
garnishment are not subject to a claim of exemption under ORS
18.385. A special notice of garnishment issued under this
subsection garnishes only that property of the debtor that is in
the garnishee's possession, control or custody at the time the
special notice is delivered, including debts not yet due, and all
wages owed by the garnishee to the debtor at the time the special
notice is delivered. A special notice of garnishment does not act
to garnish wages earned by the debtor by reason of services
rendered to the garnishee after the delivery of the special
notice of garnishment.
' (7) A special notice of garnishment issued under subsection
(6) of this section shall contain a statement indicating that it
is a special notice of garnishment under subsection (6) of this
section and a statement reflecting the provisions of subsection
(6) of this section. Notwithstanding ORS 18.854 (1), a wage
exemption calculation form shall not be delivered to the
garnishee with a special notice of garnishment.
'
{ + FEES FOR COPIES AND COURT SEAL + }
' { + SECTION 32. + } ORS 21.020 is amended to read:
' 21.020. { - (1) The State Court Administrator shall collect
a fee of $1 for affixing the seal of the court to a document. - }
' { - (2) - } The Chief Justice of the Supreme Court by order
may establish or authorize fees for copies of records of the
appellate courts and the administrative offices of the State
Court Administrator, for services relating to those records and
for other services that the appellate courts or administrative
offices of the State Court Administrator are authorized or
required to perform for which no fees are specifically provided
by law. { - The fee established by the Chief Justice for paper
copies of records may not exceed 25 cents per page, except for
records for which additional services are required. If additional
services are required, fees for providing the records are subject
to ORS 192.440. - }
'
{ + SETTLEMENT CONFERENCE FEE + }
' { + SECTION 33. + } ORS 21.125 is amended to read:
' 21.125. (1) In any action, suit or proceeding subject to a
fee under ORS 21.110, or in any civil appeal or petition subject
to a fee under ORS 21.010, the Chief Justice of the Supreme Court
may require that a $50 fee be paid at the time of filing a motion
identified by the Chief Justice as being subject to a fee under
this section. If the Chief Justice has identified a motion as
being subject to a fee under this section, the responding party
must file a fee of $35 upon the filing of a response to the
motion. The Chief Justice by order shall identify motions that
are subject to fees under this section.
' (2) The fees provided for in this section may not be
collected from the state, a county, a city or a school district.
' (3) The fees provided for in this section may not be
collected for motions for judgment by voluntary dismissal under
ORCP 54 A(1), for motions for judgment by written stipulation
under ORCP 67 F or for motions for entry of default judgment
under ORCP 69 B(1).
' (4) The fees provided for in this section may not be
collected for motions made to an arbitrator or mediator in an
arbitration or mediation required or offered by a court, or
{ - to - } { + collected for + } any motion relating to an
arbitration or mediation required or offered by a court.
' { + (5) The Chief Justice may establish fees for settlement
conferences. + }
'
{ + FEES FOR RECORD SEARCHES + }
' { + SECTION 34. + } ORS 21.325 is amended to read:
' 21.325. { + (1) + } In the circuit court there shall be
charged and collected in advance by the clerk of the court the
following fees for the following purposes and services:
' { - (1) - } { + (a) + } Making transcription of a judgment
entered in the register, $7.
' { - (2) - } { + (b) + } Filing and entering transcript of
judgment, $7.
' { - (3) - } { + (c) + } Filing copy of foreign judgment
and affidavit filed as provided in ORS 24.115 and 24.125 or copy
of child custody determination of another state filed as provided
in ORS 109.787, $39.
' { - (4) - } { + (d) + } Issuing writs of execution or
writs of garnishment, $12 for each writ.
' { - (5) - } { + (e) + } Preparing a certified copy of a
satisfaction document under ORS 18.225 (5), $6.
' { - (6) - } { + (f) + } Issuing an order under ORS 18.265
requiring a judgment debtor to appear when the order is issued by
any court other than the court in which the original judgment was
entered, $4.
' { - (7) - } { + (g) + } Issuing notices of restitution as
provided in ORS 105.151, $3 for each notice.
' { - (8) - } { + (h) + } For any service the clerk may be
required or authorized to perform and for which no fee is
provided by law, such fees as the Chief Justice of the Supreme
Court may establish or authorize { - , except that a fee may not
be charged for location or inspection of court records - } .
' { + (2) The Chief Justice may establish fees reasonably
calculated to reimburse the circuit court for the court's actual
cost of making court records available. + }
' { + SECTION 35. + } ORS 24.190 is amended to read:
' 24.190. (1) For the purposes of this section:
' (a) 'Foreign restraining order' means a restraining order
that is a foreign judgment as defined by ORS 24.105.
' (b)(A) 'Restraining order' means an injunction or other order
issued for the purpose of preventing:
' (i) Violent or threatening acts or harassment against another
person;
' (ii) Contact or communication with another person; or
' (iii) Physical proximity to another person.
' (B) 'Restraining order' includes temporary and final orders,
other than support or child custody orders, issued by a civil or
criminal court regardless of whether the order was obtained by
filing an independent action or as a pendente lite order in
another proceeding. However, for a civil order to be considered a
restraining order, the civil order must have been issued in
response to a complaint, petition or motion filed by or on behalf
of a person seeking protection.
' (2)(a) Except as otherwise provided in paragraph (b) of this
subsection, immediately upon the arrival in this state of a
person protected by a foreign restraining order, the foreign
restraining order is enforceable as an Oregon order without the
necessity of filing and continues to be enforceable as an Oregon
order without any further action by the protected person.
' (b) A foreign restraining order is not enforceable as an
Oregon order if:
' (A) The person restrained by the order shows that:
' (i) The court that issued the order lacked jurisdiction over
the subject matter or lacked personal jurisdiction over the
person restrained by the order; or
' (ii) The person restrained by the order was not given
reasonable notice and an opportunity to be heard under the law of
the jurisdiction in which the order was issued; or
' (B) The foreign restraining order was issued against a person
who had petitioned for a restraining order unless:
' (i) The person protected by the foreign restraining order
filed a separate petition seeking the restraining order; and
' (ii) The court issuing the foreign restraining order made
specific findings that the person was entitled to the order.
' (3)(a) A person protected by a foreign restraining order may
present a true copy of the order to a county sheriff for entry
into the Law Enforcement Data System maintained by the Department
of State Police. Subject to paragraph (b) of this subsection, the
county sheriff shall enter the order into the Law Enforcement
Data System if the person certifies that the order is the most
recent order in effect between the parties and provides proof of
service or other written certification that the person restrained
by the order has been personally served with a copy of the order
or has actual notice of the order. Entry into the Law Enforcement
Data System constitutes notice to all law enforcement agencies of
the existence of the restraining order. Law enforcement agencies
shall establish procedures adequate to ensure that an officer at
the scene of an alleged violation of the order may be informed of
the existence and terms of the order. The order is fully
enforceable as an Oregon order in any county or tribal land in
this state.
' (b) The Department of State Police shall specify information
that is required for a foreign restraining order to be entered
into the Law Enforcement Data System.
' (c) At the time a county sheriff enters an order into the Law
Enforcement Data System under paragraph (a) of this subsection,
the sheriff shall also enter the order into the databases of the
National Crime Information Center of the United States Department
of Justice.
' (4) Pending a contempt hearing for alleged violation of a
foreign restraining order, a person arrested and taken into
custody pursuant to ORS 133.310 may be released as provided in
ORS 135.230 to 135.290. Unless the order provides otherwise, the
security amount for release is $5,000.
' (5) ORS 24.115, 24.125, 24.129, 24.135, 24.140, 24.150 and
24.155 do not apply to a foreign restraining order.
' (6) A person protected by a foreign restraining order may
file a certified copy of the order and proof of service in the
office of the clerk of any circuit court of any county of this
state. A judgment so filed has the same effect and is subject to
the same procedures, defenses and proceedings for reopening,
vacating or staying as a judgment of the circuit court in which
the foreign judgment is filed, and may be enforced or satisfied
in like manner. The filing fee provided for in ORS 21.325
{ - (3) - } { + (1)(c) + } shall not apply to a filing under
this section.
' { + SECTION 36. + } ORS 46.488 is amended to read:
' 46.488. (1) A judgment creditor may not create a judgment
lien for a judgment entered in the small claims department of a
circuit court if the money award is less than $10, exclusive of
costs and disbursements. A judgment creditor may create a
judgment lien for a judgment entered in the small claims
department of a circuit court in an amount of $10 or more and
less than $3,000, exclusive of costs and disbursements, only as
provided in subsection (3) of this section.
' (2) If a judgment is rendered in the small claims department
in an amount of $3,000 or more, the clerk shall note in the
register of the circuit court that the judgment creates a
judgment lien if the judgment otherwise complies with the
requirements of ORS chapter 18 for creating a judgment lien. A
judgment creditor may create a lien for the judgment in other
counties in the manner provided by ORS 18.152.
' (3) When a judgment is entered in the small claims department
in an amount of $10 or more and less than $3,000, exclusive of
costs or disbursements, a judgment creditor may at any time
before expiration of judgment remedies for the judgment under ORS
18.180 create a judgment lien for the judgment by paying to the
clerk of the court that entered the judgment the fees established
by ORS 21.325 { - (1) and (2) - } { + (1)(a) and (b) + } and
requesting that the clerk of the court note in the register and
in the judgment lien record that the judgment creates a judgment
lien. Upon receipt of the fees and request for creating a
judgment lien, the clerk shall note in the register that the
judgment creates a judgment lien. Upon entry of the notation in
the register, the judgment creates a lien as described in ORS
18.150, and a judgment creditor may create a lien for the
judgment in other counties in the manner provided by ORS 18.152.
' { + SECTION 37. + } ORS 52.635 is amended to read:
' 52.635. (1) After a judgment that includes a money award is
docketed in a justice court, a certified copy of the judgment or
a lien record abstract for the judgment may be recorded in the
County Clerk Lien Record for the county that contains the justice
court that rendered the judgment. The certified copy or lien
record abstract may be recorded by the judgment creditor or by
the agent of the judgment creditor at any time after the judgment
is rendered and before the judgment expires under ORS 18.194 or
is fully satisfied. From the time the certified copy of the
judgment or the lien record abstract is recorded in the County
Clerk Lien Record, the judgment is a lien upon the real property
of the defendant in the county.
' (2) In lieu of recording a certified copy of a judgment or a
lien record abstract for a judgment under subsection (1) of this
section, a judgment that includes a money award rendered by a
justice court in a civil action may be transcribed to the circuit
court for the county that contains the justice court that
rendered the judgment. The judgment may be transcribed by the
filing of a certified transcript of the judgment with the clerk
of the circuit court. The transcript must contain a copy of all
the docket entries made in the case and the judgment as rendered
by the justice court, certified to be a true and correct
transcript from the original entries by the justice court. Upon
filing of the certified transcript, the clerk shall enter the
transcribed judgment in the register of the circuit court and in
the judgment lien record. The clerk shall note in the register
that the transcribed judgment creates a judgment lien. A judgment
in a criminal action may not be transcribed to circuit court
under the provisions of this subsection.
' (3) A certified copy of a judgment docketed in a justice
court, or a lien record abstract for the judgment, may be
recorded in any County Clerk Lien Record. The judgment or lien
record abstract may be recorded in a county other than the county
that contains the justice court that rendered the judgment
without transcribing the justice court judgment to the circuit
court for the county that contains the justice court that
rendered the judgment, or recording a certified copy of the
judgment or a lien record abstract for the judgment in the County
Clerk Lien Record for the county that contains the justice court.
If the judgment has been transcribed to circuit court, or a
certified copy of the judgment or a lien record abstract for the
judgment has been recorded in any County Clerk Lien Record, a
lien record abstract for the judgment in the form provided by ORS
18.170 may be recorded in the County Clerk Lien Record for any
other county. From the time the certified copy of the judgment
or lien record abstract for the judgment is recorded in the
County Clerk Lien Record of another county, the judgment is a
lien upon the real property of the defendant in that county.
' (4) A certified copy of a certificate of extension filed
under ORS 18.194, or a lien record abstract for the certificate
of extension, may be transcribed to circuit court or recorded in
a County Clerk Lien Record in the same manner as provided for
judgments under this section and with like effect.
' (5) The transcribing of a justice court judgment to circuit
court under this section, or the recording of a certified copy of
a justice court judgment or a lien record abstract under this
section, does not extend the lien of the judgment more than 10
years from the original entry of the judgment in the justice
court.
' (6) The fee for filing a transcript with the clerk of the
circuit court under subsection (2) of this section shall be as
provided in ORS 21.325 { - (2) - } { + (1)(b) + }. The fee
for recording a certified copy of a justice court judgment or a
lien record abstract under this section shall be as provided in
ORS 205.320.
' (7) A justice court and circuit court may enter into an
agreement to allow for electronic transcription of justice court
judgments under this section. A justice court and county clerk
may enter into an agreement to allow for electronic recording of
judgments and lien record abstracts under this section.
'
{ + JUSTICE OF THE PEACE CONTINUING EDUCATION + }
' { + SECTION 38. + } ORS 51.245 is amended to read:
' 51.245. (1) Each justice of the peace who is not a member of
the Oregon State Bar shall attend or participate in a minimum of
30 hours of educational programs every two calendar years. The
programs shall be those conducted and supervised or approved by
the { - Chief Justice of the Supreme Court or designee - }
{ + Oregon State Bar + }.
' (2) Each justice of the peace who is not a member of the
Oregon State Bar shall submit a written annual report of the
hours of educational programs referred to in subsection (1) of
this section that are attended or participated in by the justice
during each calendar year to the Oregon Justices of the Peace
Association and shall submit a copy of that report to the
governing body of the county in which the justice has been
elected or appointed. The report and copy shall be submitted not
later than March 1 of the year following the calendar year for
which the report is applicable.
'
{ + GRAND JURY INSPECTION OF CORRECTIONAL FACILITIES + }
' { + SECTION 39. + } { + ORS 132.440 is repealed. + }
'
{ + CONSOLIDATION OF PROBATION VIOLATION PROCEEDINGS + }
' { + SECTION 40. + } ORS 137.547 is amended to read:
' 137.547. { - (1) - } Notwithstanding any other provision
of law, the Chief Justice of the Supreme Court may make rules or
issue orders under ORS 1.002 to establish procedures for the
consolidation of probation violation proceedings pending against
a probationer in multiple circuit courts.
' { - (2) Rules made or orders issued under this section: - }
' { - (a) Shall provide that if a probationer is alleged to
have violated the conditions of a sentence of probation in more
than one court, an initiating court may consider consolidation of
some or all pending probation violation proceedings before one or
more appropriate courts: - }
' { - (A) Upon the motion of the district attorney or the
defense counsel in the county in which the probationer is in
custody or otherwise before the court; or - }
' { - (B) Upon the court's own motion. - }
' { - (b) May determine which courts are appropriate courts
for the consolidation of probation violation proceedings in
described circumstances or establish a process for determining an
appropriate court. - }
' { - (c) Shall require the consent of the probationer to a
consolidated probation violation proceeding and written waivers
by the probationer as determined necessary or fair. - }
' { - (d) Shall require the approval of the judge of any
responding court, the initiating court and any appropriate court
being considered for a consolidated probation violation
proceeding. - }
' { - (e) Shall require the approval of the district attorney
of the county for any responding court, the initiating court and
any court being considered as an appropriate court. - }
' { - (f) May provide for the recall of warrants in any court
other than the appropriate court as convenient to accomplish the
purposes of this section. - }
' { - (g) May provide for the transmission of copies of such
papers, records or other information to or from courts, district
attorneys and parole and probation officers as is necessary,
appropriate or convenient for a consolidated probation violation
proceeding under this section. - }
' { - (h) May provide any processes necessary, appropriate or
convenient for the proceeding before the appropriate court and
for the appropriate court to make a disposition of the cases that
are consolidated in a proceeding under this section. - }
' { - (i) May include any rules or orders establishing other
procedures necessary, appropriate or convenient for the fair and
expeditious resolution of consolidated probation violation
proceedings under this section. - }
' { - (3) When an appropriate court transmits the judgment it
enters for a consolidated probation violation proceeding under
this section to the initiating court, if different from the
appropriate court, and to a responding court for filing,
thereafter that judgment is for all purposes the same as a
judgment of the court of the initiating or responding county with
regard to the matters on which that judgment makes determination
and disposition. - }
' { - (4) As used in this section: - }
' { - (a) 'Appropriate court' means the court most appropriate
to hold a consolidated probation violation proceeding under this
section given the totality of the circumstances involving the
alleged probation violations and multiple jurisdiction
proceedings. The circumstances include, but are not limited
to: - }
' { - (A) The location, residence or work location of the
probationer; - }
' { - (B) The location of the probationer's parole and
probation officer; - }
' { - (C) The location of any witnesses or victims of the
alleged violations or of any alleged new offenses with which the
probationer is charged; - }
' { - (D) The location of any victims of the offense for which
the probationer was sentenced to probation; - }
' { - (E) The nature and location of previous offenses for
which the probationer is serving a sentence; - }
' { - (F) The nature of any new offenses with which the
probationer is charged; - }
' { - (G) The resources of local jails; - }
' { - (H) The nature and location of any services that may be
appropriate as a consequence of the alleged violation or new
charges; - }
' { - (I) Whether the judge who imposed the original sentence
provided in the original judgment direction to return any
probation violation proceedings to that judge; and - }
' { - (J) The interests of local courts and district attorneys
concerning the probationer and any disposition that a court may
impose concerning the probationer. - }
' { - (b) 'Initiating court' means the court in which a
probationer is in custody or otherwise before the court. - }
' { - (c) 'Responding court' means a court other than an
initiating court or appropriate court that entered a judgment
under which the probationer is currently serving a sentence of
probation and which court consents to the consolidation of
probation violation proceedings in an appropriate court under
this section. - }
' { + SECTION 41. + } ORS 10.075 is amended to read:
' 10.075. (1) The per diem fees, mileage and expenses due to
each juror in the circuit court shall be paid by the state from
funds available for the purpose. Payment shall be made upon a
certified statement, prepared by the clerk of court, showing the
number of days each juror has served and the amount due each
juror for mileage and other expenses.
' (2) If a jury in the circuit court is provided food, drink,
lodging or transportation by order of the circuit court, the cost
thereof shall be paid by the state from funds available for the
purpose.
' (3) Each circuit court shall offer each juror the opportunity
to waive receipt of the per diem and mileage expenses otherwise
payable to the juror for the purpose of funding Judicial
Department programs and activities identified by the Chief
Justice of the Supreme Court. All amounts waived by a juror under
the provisions of this subsection are continuously appropriated
to the Judicial Department programs and activities that are
identified by the Chief Justice for receipt of the waived
amounts, and may be used only for the purposes of those programs
and activities.
' (4) This section does not apply to mileage and other expenses
of jurors reimbursed by a county as provided in ORS 10.061
{ - (4) - } { + (3) + }.
'
{ + CAPTIONS + }
' { + SECTION 42. + } { + The unit captions used in this
2009 Act are provided only for the convenience of the reader and
do not become part of the statutory law of this state or express
any legislative intent in the enactment of this 2009 Act. + }
'
{ + EMERGENCY CLAUSE + }
' { + SECTION 43. + } { + This 2009 Act being necessary for
the immediate preservation of the public peace, health and
safety, an emergency is declared to exist, and this 2009 Act
takes effect on its passage. + } ' .
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