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 203
 
                         Senate Bill 273
 
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)
 
 
                             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.
 
  Increases number of members appointed to Council on Court
Procedures by Board of Governors of Oregon State Bar from 12 to
14.
 
                        A BILL FOR AN ACT
Relating to Council on Court Procedures; creating new provisions;
  and amending ORS 1.730.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 1.730 is amended to read:
  1.730. (1) There is created a Council on Court Procedures
consisting of:
  (a) One judge of the Supreme Court, chosen by the Supreme
Court.
  (b) One judge of the Court of Appeals, chosen by the Court of
Appeals.
  (c) Eight judges of the circuit court, chosen by the Executive
Committee of the Circuit Judges Association.
  (d)   { - Twelve - }   { + Fourteen + } members of the Oregon
State Bar, appointed by the Board of Governors of the Oregon
State Bar. The Board of Governors, in making the appointments
referred to in this paragraph, shall include but not be limited
to appointments from members of the bar active in civil trial
practice, to the end that the lawyer members of the council shall
be broadly representative of the trial bar and the regions of the
state.
  (e) One public member, chosen by the Supreme Court.
  (2)(a) A quorum of the council shall be constituted by a
majority of the members of the council. If a quorum is present,
an affirmative vote by a majority of the members of the council
who are present is required for action by the council on all
matters other than promulgation of rules under ORS 1.735. An
affirmative vote of fifteen members of the council shall be
required to promulgate rules pursuant to ORS 1.735.
  (b) The council shall adopt rules of procedure and shall
choose, from among its membership, annually, a chairperson to
preside over the meetings of the council.
 
  (3)(a) All meetings of the council shall be held in compliance
with the provisions of ORS 192.610 to 192.690.
  (b) In addition to the requirements imposed by paragraph (a) of
this subsection, with respect to the public hearings required by
ORS 1.740 and with respect to any meeting at which final action
will be taken on the promulgation, amendment or repeal of a rule
under ORS 1.735, the council shall cause to be published or
distributed to all members of the bar, at least two weeks before
such hearing or meeting, a notice which shall include the time
and place and a description of the substance of the agenda of the
hearing or meeting.
  (c) The council shall make available upon request a copy of any
rule which it proposes to promulgate, amend or repeal.
  (4) Members of the Council on Court Procedures shall serve for
terms of four years and shall be eligible for reappointment to
one additional term, provided that, where an appointing authority
has more than one vacancy to fill, the length of the initial term
shall be fixed at either two or four years by that authority to
accomplish staggered expiration dates of the terms to be filled.
Vacancies occurring shall be filled by the appointing authority
for the unexpired term.
  (5) Members of the Council on Court Procedures shall not
receive compensation for their services but may receive actual
and necessary travel or other expenses incurred in the
performance of their official duties as members of the council,
as provided in ORS 292.210 to 292.288.
  SECTION 2.  { + As soon as possible after the effective date of
this 2009 Act, the Board of Governors of the Oregon State Bar
shall appoint two additional members to the Council on Court
Procedures as provided by the amendments to ORS 1.730 by section
1 of this 2009 Act. + }
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