Chapter 659 Oregon Laws 1999

Session Law

AN ACT

HB 2684

Relating to judges; creating new provisions; and amending ORS 2.111, 2.570 and 14.210.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 2.111 is amended to read:

2.111. (1) In hearing and determining causes, the Supreme Court may sit all together or in departments.

(2) A department shall consist of not less than three nor more than five judges. For convenience of administration, each department may be numbered. The Chief Justice shall from time to time designate the number of departments and make assignments of the judges among the departments. The Chief Justice may sit in one or more of the departments and when so sitting [shall] may preside. The Chief Justice shall designate a judge to preside in each department [in the absence of the Chief Justice].

(3) The majority of any department shall consist of regularly elected and qualified judges of the Supreme Court.

(4) The Chief Justice shall apportion the business to the departments. Each department shall have power to hear and determine causes and all questions which may arise therein, subject to subsection (5) of this section. The presence of three judges is necessary to transact business in any department, except such as may be done in chambers by any judge. The concurrence of three judges is necessary to pronounce a judgment.

(5) The Chief Justice or a majority of the regularly elected and qualified judges of the Supreme Court [may] at any time [order] may refer a cause to be [heard in banc] considered en banc. When sitting [in] en banc, the court may include not more than two judges pro tempore of the Supreme Court. When the court sits [in] en banc, the concurrence of a majority of the judges participating is necessary to pronounce a judgment, but if the judges participating are equally divided in their views as to the judgment to be given, the [judgment, decree or order appealed from] decision being reviewed shall be affirmed.

(6) The Chief Justice may rule on motions and issue orders in procedural matters [in all causes filed] in the Supreme Court.

[(7) A justice of the Supreme Court, including a person serving as a justice pro tempore, may participate in the decision of a matter even though the justice is not present at oral hearing on the matter.]

(7) A judge or judge pro tempore of the Supreme Court may participate in the decision of the matter without resubmission of the cause even though the judge is not present for oral argument on the matter.

(8) A judge or judge pro tempore of the Supreme Court may participate in the decision of a matter without resubmission of the cause in the following circumstances:

(a) The judge was appointed or elected to the Supreme Court after submission of the cause.

(b) The judge is participating in the decision of a cause that was submitted to a department, and the judge is participating in lieu of a judge of the department who died, became disabled, was disqualified or was otherwise unable to participate in the decision of a cause submitted to the department.

(c) The judge is considering a cause en banc, but the judge was not part of the department that originally considered the cause.

SECTION 2. ORS 2.570 is amended to read:

2.570. (1) In hearing and determining causes, the judges of the Court of Appeals may sit together or in departments.

(2) A department shall consist of three judges. For convenience of administration, each department may be numbered. The Chief Judge shall from time to time designate the number of departments and make assignments of the judges among the departments. The Chief Judge may sit in one or more departments and when so sitting may preside. The Chief Judge shall designate a judge to preside in each department.

(3) The majority of any department shall consist of regularly elected and qualified judges of the Court of Appeals; provided that, if disqualifications, recusals or other events reduce the number of available judges to fewer than three, the Supreme Court may appoint such number of qualified persons as may be necessary as pro tempore members of the court.

(4) The Chief Judge shall apportion the business of the court between the departments. Each department shall have power to hear and determine causes, and all questions which may arise therein, subject to subsection [(6)] (5) of this section. The presence of three judges is necessary to transact business in any department, except such business as may be transacted in chambers by any judge. The concurrence of two judges is necessary to pronounce judgment.

[(5) In the event a judge of a department of three judges dies or becomes disabled or disqualified and is therefore unable to participate in the decision of a case submitted to that department, another judge may be assigned to the department and may participate in the decision with the other two judges of the department without resubmission of the case.]

[(6)] (5) The Chief Judge or a majority of the regularly elected and qualified judges of the Court of Appeals [may] at any time [order] may refer a cause to be [heard in banc] considered en banc. When sitting [in] en banc, the court may include not more than two judges pro tempore of the Court of Appeals. When the court sits [in] en banc, the concurrence of a majority of the judges participating is necessary to pronounce judgment, but if the judges participating are equally divided in their view as to the judgment to be given, the judgment appealed from shall be affirmed.

(6) The Chief Judge may rule on motions and issue orders in procedural matters in the Court of Appeals.

(7) A judge or judge pro tempore of the Court of Appeals may participate in the decision of the matter without resubmission of the cause even though the judge is not present for oral argument on the matter.

(8) A judge or judge pro tempore of the Court of Appeals may participate in the decision of a matter without resubmission of the cause in the following circumstances:

(a) The judge was appointed or elected to the Court of Appeals after submission of the cause.

(b) The judge is participating in the decision of a cause that was submitted to a department, and the judge is participating in lieu of a judge of the department who has died, become disabled, is disqualified or is otherwise unable to participate in the decision of a cause submitted to the department.

(c) The judge is considering a cause en banc, but the judge was not part of the department that originally considered the cause.

SECTION 3. ORS 14.210 is amended to read:

14.210. (1) A judge shall not act as such in a court of which the judge is a member in any of the following [cases] circumstances:

(a) [When] The judge shall not act as judge if the judge is a party to or directly interested in the action, suit or proceeding, except that the judge shall not be disqualified from acting as such in a case in which the judge is added as a party after taking any official action as a judge in the action, suit or proceeding, and in that case the judge shall be dismissed as a party without prejudice[;].

(b) [When] Except as provided in ORS 2.111 and 2.570, a judge shall not act as judge if the judge was not present and sitting as a member of the court at the hearing of a matter submitted for its decision[;]. A judge may sign an order or judgment reflecting a decision made by another judge if, for good cause, the judge who made the decision is not available.

(c) [When] A judge shall not act as judge if the judge is related to any party, or to the attorney for any party, or to the partner or office associate of any such attorney, by consanguinity or affinity within the third degree[;].

(d) [When] A judge shall not act as judge if the judge has been attorney in the action, suit or proceeding for any party.

(e) If appeal is made from a decision of another court, or judicial review of a decision of an administrative agency is sought, a judge shall not act as judge on appeal if the judge participated in making the decision that is subject to review.

(2) This section does not apply to an application to change the place of trial, or the regulation of the order of business in court. In the [cases] circumstances specified in subsection (1)(c) and (d) of this section, the disqualification [may] shall be deemed waived by the parties[, and, except in the Supreme Court, shall be deemed to be waived,] unless [an application for a change of the place of trial] a motion for disqualification of the judge is made as provided by statute or court rule.

SECTION 4. A party or an attorney for a party in a cause before the Supreme Court or Court of Appeals may move to disqualify a judge of the Supreme Court or of the Court of Appeals for one or more of the grounds specified in ORS 14.210, or upon the ground that the judge's participation in the cause would violate the Oregon Code of Judicial Conduct.

SECTION 5. (1) The amendments to ORS 2.111 and 2.570 by sections 1 and 2 of this 1999 Act apply only to appeals filed on or after the effective date of this 1999 Act and appeals pending in the Supreme Court and the Court of Appeals on the effective date of this 1999 Act.

(2) The amendments to ORS 14.210 by section 3 of this 1999 Act apply to all actions, whether commenced before, on or after the effective date of this 1999 Act.

Approved by the Governor July 13, 1999

Filed in the office of Secretary of State July 14, 1999

Effective date October 23, 1999

__________