75th OREGON LEGISLATIVE ASSEMBLY--2009 Regular Session
Enrolled
Senate Bill 268
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 Judicial Department)
CHAPTER ................
AN ACT
Relating to rules of the Chief Justice concerning data that state
courts may collect; amending ORS 1.002.
Be It Enacted by the People of the State of Oregon:
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.
Enrolled Senate Bill 268 (SB 268-INTRO) Page 1
(2) The Chief Justice may make rules 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) The Chief Justice may make rules relating to the data
that state courts may require parties and other persons to submit
for the purpose of distinguishing particular persons from other
persons. If the rules require the submission of data that state
or federal law does not require that the courts make public, the
rules may also require courts to keep the data confidential and
not release the data except pursuant to a court order issued for
good cause shown. Data that is made confidential under the rules
is not subject to disclosure under ORS 192.410 to 192.505. + }
{ - (3) - } { + (4) + } 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) - } { + (5) + } 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) - } { + (6) + } 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
Enrolled Senate Bill 268 (SB 268-INTRO) Page 2
conduct of the business of the court shall be consistent with
applicable rules made and orders issued by the Chief Justice.
{ - (6) - } { + (7) + } 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) - } { + (8) + } 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) - } { + (9) + } 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.
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Passed by Senate February 4, 2009
...........................................................
Secretary of Senate
...........................................................
President of Senate
Passed by House March 17, 2009
...........................................................
Speaker of House
Enrolled Senate Bill 268 (SB 268-INTRO) Page 3
Received by Governor:
......M.,............., 2009
Approved:
......M.,............., 2009
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2009
...........................................................
Secretary of State
Enrolled Senate Bill 268 (SB 268-INTRO) Page 4