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 3391
Senate Bill 627
Sponsored by 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.
Allows Chief Justice of Supreme Court to designate senior
justices of the peace. Prescribes qualifications, powers and
compensation of senior justices of the peace.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to justice courts; creating new provisions; amending ORS
51.300; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. { + (1)(a) A justice of the peace who retires from
a justice court, except a judge retired under the provisions of
ORS 1.310, may be designated a senior justice of the peace of the
State of Oregon by the Chief Justice of the Supreme Court.
(b) To qualify as a senior justice of the peace, a person must
be a resident of this state, must be retired from a justice court
of this state and must notify the Chief Justice of the person's
availability to serve as a senior justice of the peace within six
months after the person retires from the office of justice of the
peace.
(2)(a) Upon designating a senior justice of the peace of the
State of Oregon under this section, the Chief Justice shall
notify the Secretary of State. Before entering upon the duties of
a senior justice of the peace, the designated person must take
and subscribe, and submit to the Secretary of State, an oath.
When the designated person files the oath, the Secretary of State
shall certify the person as a senior justice of the peace. The
oath must be in the following form:
________________________________________________________________
I, ____________________, do solemnly swear (or affirm) that I
will support the Constitution of the United States, and the
Constitution of the State of Oregon, and that I will faithfully
and impartially discharge the duties of a senior justice of the
peace of the State of Oregon to the best of my ability.
________________________________________________________________
(b) A person designated a senior justice of the peace is
eligible to serve as a senior justice of the peace until death of
the person or until disability renders the person unable to
perform the duties of office.
(c) At any time after a person is designated a senior justice
of the peace, the person may notify the Chief Justice that the
person is no longer willing or able to serve as a senior justice
of the peace.
(3) A county governing body may apply to the Supreme Court for
the assignment of a senior justice of the peace to duties at any
justice court within the county to serve during the absence,
incapacity or disqualification of a justice of the peace or
during a vacancy in the office of justice of the peace. The
application must specify the county and justice court within the
county for which the service is requested and whether the service
is requested for a specified period of time or for an indefinite
period of time. The application must certify that the county will
timely pay to the senior justice of the peace the daily
compensation and reimbursement for actual and necessary travel
and other expenses as provided in subsections (6) to (8) of this
section.
(4) If the county governing body applies to the Chief Justice
for the assignment of a senior justice of the peace to a justice
court within the county under subsection (3) of this section, the
Chief Justice may temporarily assign to that justice court any
senior justice of the peace who is willing to serve. The Chief
Justice must make the assignment by an order that specifies the
duration of the assignment. The Chief Justice shall send a copy
of the order to the senior justice of the peace, to the justice
court to which the senior justice of the peace is assigned and to
the county governing body requesting the assignment. An
assignment under this subsection may not be for a period of more
than one year.
(5) A senior justice of the peace who is assigned to a justice
court under subsection (4) of this section has all the judicial
powers and duties of a regularly elected and qualified justice of
the peace of the justice court to which the senior justice of the
peace is assigned during the period of the assignment. The
powers, jurisdiction and judicial authority of the senior justice
of the peace with respect to any case or matter tried or heard by
the senior justice of the peace while serving under the
assignment continue after the expiration of the assignment as far
as may be necessary to:
(a) Decide and dispose of any case or matter on trial or held
under advisement.
(b) Hear and decide any motion for a new trial or for a
judgment notwithstanding a verdict, or objections to any cost
bill, that may be filed in the case.
(c) Settle a transcript for appeal and grant extensions of time
for that purpose.
(6) A senior justice of the peace assigned to a justice court
under subsection (4) of this section shall receive as
compensation for each day the senior justice of the peace is
actually engaged in service under the assignment an amount equal
to five percent of the gross monthly salary of a regularly
elected and qualified judge of the court to which the senior
justice of the peace is assigned, or five percent of the gross
monthly salary of a regularly elected and qualified justice of
the peace of the justice court from which the senior justice of
the peace retired, whichever is greater. The senior justice of
the peace shall receive one-half of the daily compensation for
service of one-half day or less.
(7) Daily compensation of a senior justice of the peace under
subsection (6) of this section shall be paid by the county in
which the service is performed. The senior justice of the peace
must provide the county with a certificate showing the number of
days and partial days of service performed by the senior justice
of the peace. Notwithstanding any other provision of law, service
by a senior justice of the peace under an assignment and receipt
of compensation for that service does not reduce or otherwise
affect the amount of any pension or retirement allowance to which
the senior justice of the peace would otherwise be entitled.
(8) In addition to the daily compensation provided for in
subsection (6) of this section, a senior justice of the peace
assigned to a justice court located outside the county in which
the senior justice of the peace regularly resides, or assigned to
a justice court more than 20 miles distant from the place where
the senior justice of the peace regularly resides, shall receive
reimbursement for actual and necessary travel and other expenses
incurred in the performance of official duties under the
assignment. The senior justice of the peace must provide the
county with an itemized statement of the expenses that the senior
justice of the peace certifies to be correct.
(9) A senior justice of the peace who is not an active member
of the Oregon State Bar shall attend or participate in a minimum
of 15 hours of educational programs each year. The educational
programs must be conducted by the Judicial Department, or
approved by the Chief Justice. The senior justice of the peace
shall submit to the Chief Justice a written report of the hours
of educational programs attended or participated in for each
calendar year, The report must be submitted by March 1 of the
year following the year for which the report is applicable. + }
SECTION 2. { + Notwithstanding section 1 (1)(b) of this 2009
Act, a person who is a resident of this state and who is retired
from a justice court of this state on the effective date of this
2009 Act may notify the Chief Justice of the Supreme Court of the
person's availability to serve as a senior justice of the peace
and the Chief Justice may designate the person as a senior
justice of the peace of the State of Oregon as provided in
section 1 (1)(a) of this 2009 Act. + }
SECTION 3. ORS 51.300 is amended to read:
51.300. A judge of the circuit court for a county, { - or
any - } { + a + } justice of the peace for a justice court
district located within the county, { + or a senior justice of
the peace of the State of Oregon + } may exercise the powers and
duties of justice of the peace of any justice court in the
county:
(1) At the request of the justice of the peace of the justice
court;
(2) In the event of a vacancy in the office of the justice of
the peace, until the vacancy is filled as provided by law; or
(3) In the event of the absence, incapacity or disqualification
of the justice of the peace, during the period of such absence,
incapacity or disqualification.
SECTION 4. { + 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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