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 838
Senate Bill 270
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)
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 Chief Justice of Supreme Court to establish
procedures for closing courts in emergencies and establish
standards for determining when courts are closed for purposes of
rules and laws.
Authorizes presiding judge of judicial district to delegate
exercise of administrative powers to another judge or to trial
court administrator.
Modifies provisions relating to imposition and collection of
certain court fees.
Provides that supplemental judgment may contain only provisions
that were not included in general judgment. Makes other changes
in laws relating to judgments.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to courts; creating new provisions; amending ORS 1.002,
1.171, 1.202, 18.005, 18.775, 21.125, 21.682, 135.705 and
135.707; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
{ +
COURT CLOSURES + }
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) Establish procedures for closing courts in
emergencies.
(j) Establish standards for determining when courts are closed
for purposes of ORCP 10, ORS 174.120 and other rules and laws
that refer to periods of time when courts are closed. + }
{ - (i) - } { + (k) + } 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 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.
{ +
DELEGATION OF PRESIDING JUDGE POWERS + }
SECTION 2. ORS 1.171 is amended to read:
1.171. (1) A presiding judge appointed under ORS 1.003 is
presiding judge for the circuit court of a judicial district
established under ORS 3.012.
(2) The presiding judge, to facilitate exercise of
administrative authority and supervision over the circuit court
of the district and consistent with applicable provisions of law
and the Oregon Rules of Civil Procedure, may:
(a) Apportion and otherwise regulate the disposition of the
judicial business of the circuit court of the judicial district;
and
(b) Make rules, issue orders and take other action appropriate
to that exercise.
(3) The presiding judge may assign actions and proceedings
pending before a court to other judges of the judicial district
for hearing and disposition. A judge who is assigned an action or
proceeding under this subsection shall hear and dispose of the
assigned action or proceeding unless the presiding judge
withdraws the assignment for good cause shown.
{ + (4) The presiding judge may delegate the exercise of any
of the administrative powers of the presiding judge to another
judge of the court or to the trial court administrator for the
judicial district. + }
{ +
COURT FEES + }
SECTION 3. ORS 1.202 is amended to read:
1.202. (1) All circuit courts and appellate courts of this
state, and all commissions, departments and divisions of the
judicial branch of state government, shall add a fee of not less
than $50 and not more than $100 to any judgment that includes a
monetary obligation that the court or judicial branch is charged
with collecting. The fee shall be added to cover the cost of
establishing and administering an account for the debtor and
shall be added without further notice to the debtor or further
order of the court. The fee shall be added only if the court
gives the defendant a period of time in which to pay the
obligation after the financial obligation is imposed. Fees under
this subsection shall be deposited in the General Fund.
(2) All circuit courts and appellate courts of this state, and
all commissions, departments and divisions of the judicial branch
of state government, that use the Department of Revenue or
private collection agencies shall add a fee to any judgment
referred for collection that includes a monetary obligation that
the state court or the commission, department or division is
charged with collecting. The fee shall be added to cover the
costs of { - collection charged by - } { + collecting
judgments referred to + } the Department of Revenue or private
collection agency and shall be added to the monetary obligation
without further notice to the debtor or further order of the
court. The fee may not exceed the actual costs of
{ - collection charged by the Department of Revenue or private
collection agency - } { + collecting the judgment + }. Fees
under this subsection shall be deposited in the Judicial
Department Collections Account established under ORS 1.204 and
may be used only for the purposes specified in ORS 1.204.
(3) { + The Chief Justice of the Supreme Court may authorize
courts to waive or suspend the fees required to be added to
judgments under this section. Except to the extent authorized by
the Chief Justice, + } a court may not waive or suspend the fees
required to be added to judgments under { - the provisions
of - } this section.
SECTION 4. 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 any motion
relating to an arbitration or mediation required or offered by a
court.
{ + (5) The clerk shall file a motion or response that is
subject to a fee under this section only if the fee required by
this section is paid when the motion or response is submitted for
filing. + }
SECTION 5. ORS 21.682 is amended to read:
21.682. (1) A judge may waive or defer all or part of the fees
and court costs payable to the court by a party in a civil action
or proceeding { + , including sheriff's fees under ORS
21.410, + } if the judge finds that the party is unable to pay
all or any part of the fees and costs. Waiver or deferral under
this section of the fees or court costs of an inmate, as defined
in ORS 30.642, is subject to ORS 30.642 to 30.650.
(2) A presiding judge may delegate authority to waive or defer
fees and court costs under this section to the court
administrator for the court in which the judge serves. A
delegation of authority under this subsection must be in writing
and must be subject to clear standards. If a delegation is made
under this subsection, an applicant may seek review of the court
administrator's decision by a judge. If an applicant requests
review of a court administrator's decision, the court
administrator shall forward the application for waiver or
deferral of the fees or court costs to the appropriate judge.
(3) A court may not delay or refuse to enter an order or
judgment in an action or proceeding because deferred fees and
court costs have not been paid.
(4) The Chief Justice of the Supreme Court by order may provide
standards and practices for waiver or deferral of fees or court
costs under ORS 21.680 to 21.698.
{ +
JUDGMENTS GENERALLY + }
SECTION 6. ORS 18.005 is amended to read:
18.005. As used in this chapter:
(1) 'Action' means any proceeding commenced in a court in which
the court may render a judgment.
(2) 'Child support award' means a money award or agency order
that requires the payment of child support and that is entered
under ORS 108.010 to 108.550, 416.310 to 416.340, 416.400 to
416.465, 416.510 to 416.990, 419B.400 or 419C.590 or ORS chapter
25, 107, 109 or 110.
(3) 'Civil action' means any action that is not a criminal
action.
(4) 'Court administrator' means a trial court administrator in
a circuit court that has a trial court administrator and the
clerk of the court in all other courts.
(5) 'Criminal action' has the meaning given in ORS 131.005.
(6) 'Execution' means enforcement of the money award portion of
a judgment or enforcement of a judgment requiring delivery of the
possession or sale of specific real or personal property, by
means of writs of execution, writs of garnishment and other
statutory or common law writs or remedies that may be available
under the law.
(7) 'General judgment' means the judgment entered by a court
that decides all requests for relief in the action except:
(a) A request for relief previously decided by a limited
judgment; and
(b) A request for relief that may be decided by a supplemental
judgment.
(8) 'Judgment' means the concluding decision of a court on one
or more requests for relief in one or more actions, as reflected
in a judgment document.
(9) 'Judgment document' means a writing in the form provided by
ORS 18.038 that incorporates a court's judgment.
(10) 'Judgment lien' means:
(a) The effect of a judgment on real property as described in
ORS 18.150 (2) and (3) for the county in which the judgment is
entered, and as described in ORS 18.152 (2) and (3) for a county
in which the judgment is recorded under ORS 18.152; and
(b) A support arrearage lien attaching to real property under
ORS 18.150 (3) or 18.152 (3).
(11) 'Judgment remedy' means:
(a) The ability of a judgment creditor to enforce a judgment
through execution; and
(b) Any judgment lien arising under ORS 18.150 or 18.152.
(12) 'Legal authority' means:
(a) A statute;
(b) An Oregon Rule of Civil Procedure;
(c) A rule or order of the Chief Justice of the Supreme Court
adopted under ORS 18.028; and
(d) All controlling appellate court decisions in effect
December 31, 2003.
(13) 'Limited judgment' means:
(a) A judgment entered under ORCP 67 B or 67 G;
(b) A judgment entered before the conclusion of an action in a
circuit court for the partition of real property, defining the
rights of the parties to the action and directing sale or
partition;
(c) An interlocutory judgment foreclosing an interest in real
property; and
(d) A judgment rendered before entry of a general judgment in
an action that disposes of at least one but fewer than all
requests for relief in the action and that is rendered pursuant
to a legal authority that specifically authorizes that
disposition by limited judgment.
(14) 'Money award' means a judgment or portion of a judgment
that requires the payment of money.
(15) 'Person' includes a public body as defined in ORS 174.109.
(16) 'Request for relief' means a claim, a charge in a criminal
action or any other request for a determination of the rights and
liabilities of one or more parties in an action that a legal
authority allows the court to decide by a judgment.
(17) 'Supplemental judgment' means a judgment that { + :
(a) Pursuant to a legal authority + } may be rendered after a
general judgment { - pursuant to a legal authority - } { + ;
and
(b) Contains only provisions that were not included in the
general judgment + }.
(18) 'Support arrearage lien' means a lien that attaches to
real property under the provisions of ORS 18.150 (3) or 18.152
(3).
(19) 'Support award' means a money award or agency order that
requires the payment of child or spousal support.
SECTION 7. ORS 18.775 is amended to read:
18.775. (1) If a garnishee fails to file a garnishee response
within the time required by law, or fails to deliver all
garnishable property required to be delivered under the writ of
garnishment within the time required by law, the garnishee is
liable to the creditor in an amount equal to the lesser of:
(a) The amount required to satisfy the garnishment; or
(b) The value of the debtor's garnishable property held by the
garnishee at the time the writ is delivered to the garnishee.
(2) A judgment may be entered against the garnishee for the
amounts specified in this section if, after a hearing, the court
finds that:
(a) The garnishee at the time of the delivery of the writ of
garnishment held garnishable property of the debtor beyond the
amount reported in the garnishee response;
(b) The garnishee held any garnishable property of the debtor
and the garnishee failed to make a response; or
(c) The garnishee failed to deliver garnishable property
required to be delivered under the writ.
{ + (3) A supplemental judgment shall be entered under
subsection (2) of this section if the garnishment was issued for
a debt described in ORS 18.605 (1)(a) and a general judgment has
been entered in the action. A limited judgment shall be entered
under subsection (2) of this section if the garnishment was
issued for a debt described in ORS 18.605 (1)(a) and a general
judgment has not been entered in the action. A limited or general
judgment shall be entered under subsection (2) of this section if
the garnishment was issued for a debt described in ORS 18.605
(1)(b), (c) or (d). + }
{ - (3) - } { + (4) If a garnishee is liable to a creditor
under subsections (1) and (2) of this section, + } the creditor
may also recover costs of the creditor as determined under ORCP
68. If the garnishee fails to file a garnishee response within
the time required by law, the costs of the creditor may be
recovered from the garnishee even if it is determined that the
garnishee held no garnishable property of the debtor at the time
the writ was delivered to the garnishee.
{ - (4) - } { + (5) + } Any amounts from a garnishee
collected other than costs under a judgment entered pursuant to
this section must be credited against the debt owed by the debtor
to the creditor.
SECTION 8. ORS 135.705 is amended to read:
135.705. (1)(a) If the person injured acknowledges in writing,
at any time before trial on an accusatory instrument for the
crime, that the person has received satisfaction for the injury,
the court may, in its discretion, on payment of the costs and
expenses incurred, { - order - } { + enter a judgment
dismissing + } the accusatory instrument { - dismissed. The
order must be entered in the register - } .
(b) For purposes of paragraph (a) of this subsection, a written
acknowledgment that a civil penalty under ORS 30.875 has been
paid is not evidence that the person injured has received full
satisfaction for the injury and is not a compromise under this
section.
(2) As used in this section, 'costs' includes those expenses
specially incurred by the state in prosecuting the defendant,
including costs under ORS 151.505 for the compensation of counsel
appointed pursuant to ORS 135.045 or 135.050 and fees and
expenses paid under ORS 135.055.
SECTION 9. ORS 135.707 is amended to read:
135.707. { - The order authorized by ORS 135.705, when made
and entered, - } { + A judgment entered under ORS 135.705
+ }is a bar to another prosecution for the same crime.
{ +
MISCELLANEOUS + }
SECTION 10. { + 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. + }
SECTION 11. { + 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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