Chapter 682 Oregon Laws 1999

Session Law

AN ACT

HB 3189

Relating to appeals; creating new provisions; and amending ORS 8.340, 51.050, 138.057 and 221.350.

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

SECTION 1. (1) Except as provided in subsection (4) of this section, any justice court may become a court of record by the passage of an ordinance by the governing body of the county in which the court is located. The county shall ensure that a court reporter is provided for each justice court made a court of record under this section.

(2) Notwithstanding ORS 53.010 to 53.125 and ORS chapter 157, the appeal from a judgment entered in a justice court that becomes a court of record under this section shall be as provided in ORS chapters 19 and 138 for appeals from judgments of circuit courts.

(3) As a qualification for the office, the justice of the peace for any justice court that becomes a court of record must be a member of the Oregon State Bar.

(4) A justice court may not become a court of record under the provisions of this section if the court is located within 50 driving miles of the circuit court for the county in which the justice court is located, measured by the shortest distance by public roads between the justice court and the circuit court.

SECTION 2. Section 3 of this 1999 Act is added to and made a part of ORS chapter 221.

SECTION 3. (1) Except as provided in subsection (4) of this section, any municipal court may become a court of record by the passage of an ordinance by the governing body of the city in which the court is located. The city shall ensure that a court reporter is provided for each municipal court made a court of record under this section.

(2) The appeal from a judgment entered in a municipal court that becomes a court of record under this section shall be as provided in ORS chapter 138 for appeals from judgments of circuit courts.

(3) As a qualification for the office, a municipal judge for any municipal court that becomes a court of record must be a member of the Oregon State Bar.

(4) A municipal court may not become a court of record under the provisions of this section if the court is located within 50 driving miles of the circuit court for the county in which the municipal court is located, measured by the shortest distance by public roads between the municipal court and the circuit court.

SECTION 4. Sections 1 (3) and 3 (3) of this 1999 Act do not affect the term of office of any justice of the peace or municipal judge serving on the effective date of an ordinance passed for the purpose of making a justice court or municipal court a court of record. Any justice of the peace or municipal judge elected or appointed after the effective date of the ordinance must, as a qualification for the office, be a member of the Oregon State Bar.

SECTION 5. Section 6 of this 1999 Act is added to and made a part of ORS 53.010 to 53.125.

SECTION 6. ORS 53.010 to 53.125 apply only to justice courts that have not become courts of record under section 1 of this 1999 Act. Appeals of civil judgments in justice courts that have become courts of record under section 1 of this 1999 Act shall be as provided in ORS chapter 19 for appeals from judgments of circuit courts.

SECTION 7. Section 8 of this 1999 Act is added to and made a part of ORS chapter 157.

SECTION 8. The provisions of this chapter apply only to justice courts that have not become courts of record under section 1 of this 1999 Act. Appeals of criminal judgments in justice courts that have become courts of record under section 1 of this 1999 Act shall be as provided in ORS chapter 138 for appeals from judgments of circuit courts.

SECTION 9. ORS 8.340 is amended to read:

8.340. (1) It shall be the duty of each official reporter of the circuit court, justice court or municipal court to attend the court for which the reporter is appointed at such times as the judge [presiding] or justice of the peace may direct.

(2) [The] A circuit court reporter shall be appointed under a personnel plan established by the Chief Justice of the Supreme Court. Reporters for a justice or municipal court are not subject to this subsection.

(3) [The] A reporter is an officer of the court in which the reporter serves and of any court to which an appeal is made whenever the reporter has recorded the proceedings that are the subject of the appeal.

[(3)] (4) Upon the trial or hearing of any cause, the judge or justice of the peace upon [own] the motion of the judge or justice of the peace may, and upon the request of either party shall, order a report of the proceedings, in which case the reporter shall, in the manner provided in subsection [(4)] (5) of this section, make a report of the oral testimony and other proceedings of the trial or hearing to the extent required by the court or by the requesting party.

[(4)] (5) When a report is required, the reporter shall:

(a) Take accurate notes by shorthand or by means of a mechanical or electronic typing device; or

(b) Make audio records pursuant to policies and procedures established by the State Court Administrator.

[(5)] (6) The notes or audio records of the reporter shall be filed in the office of the clerk of the court subject to the provisions of ORS 7.120 and except as provided in ORS 19.385.

[(6)] (7) Except in the ninth or tenth judicial district, in any circuit court proceeding where the trial court regularly uses audio reporting techniques, any party may, with reasonable notice to the trial court and at that party's expense, arrange for the reporting of the proceeding by stenographic means. When alternative stenographic reporting occurs, the official record of the proceedings shall be the record produced by the reporting technique regularly used by the court, unless otherwise ordered by the court.

SECTION 10. ORS 51.050 is amended to read:

51.050. (1) Except as otherwise provided in subsection (2) of this section, in addition to the criminal jurisdiction of justice courts already conferred upon and exercised by them, justice courts have jurisdiction of all misdemeanors committed or triable in their respective counties.

(2) In any justice court that has not become a court of record under section 1 of this 1999 Act, [any] a defendant charged with a misdemeanor [in a justice court after entering a plea of not guilty,] shall be [immediately] notified immediately after entering a plea of not guilty of the right of the defendant to have the matter transferred to the circuit court for the county where the justice court is located. The election shall be made within 10 days after the plea of not guilty is entered and the justice shall immediately transfer the case to the appropriate court.

SECTION 11. ORS 138.057 is amended to read:

138.057. (1)(a) If a justice court or municipal court has become a court of record under section 1 or 3 of this 1999 Act, an appeal from a judgment involving a violation shall be as provided in ORS chapter 19 for appeals from judgments entered by circuit courts. If a justice court or municipal court has not become a court of record under section 1 or 3 of this 1999 Act, the [An] appeal from a judgment involving a violation entered by [a] the justice court or municipal court may be taken to the circuit court for the county in which the justice court or municipal court is located. [The] An appeal to a circuit court must be taken in the manner provided in this subsection.

(b) Within 30 days after the entry of the judgment by the justice court or municipal court, a party who wishes to appeal the decision must serve a copy of the notice of appeal on the adverse party and must file the original notice of appeal with the justice court or municipal court along with proof of service on the adverse party or an acknowledgement of service signed by the adverse party.

(c) If the appeal is made by the defendant from the decision of a municipal court, the copy of the notice of appeal must be served on the city attorney. If the appeal is made by the defendant from a decision in a justice court, the copy of the notice of appeal must be served on the district attorney for the county.

(d) No undertaking shall be required of the party filing a notice of appeal under the provisions of this subsection.

(e) Upon filing of the notice of appeal, the justice court or municipal court shall forward all files relating to the case to the circuit court to which the appeal is taken.

(f) The circuit court shall treat a matter appealed under this subsection as though the case had been originally filed with the circuit court and shall try the case anew, disregarding any irregularity or imperfection in the proceedings in the justice court or municipal court.

(g) Upon entry of a judgment in the matter, the judgment may be appealed as provided in subsection (2) of this section.

(2) Subject to the provisions of this subsection, an appeal from a judgment involving a violation entered by a circuit court may be taken as provided in ORS chapter 19.

(a) For the purpose of meeting the requirements imposed by ORS 19.240, the copy of the notice of appeal must be served on:

(A) The city attorney, if the appeal is made by the defendant from a decision initially made in a municipal court.

(B) The district attorney for the county, if the appeal is made by the defendant from a decision initially made in a justice court.

(b) Notwithstanding ORS 19.270, timely service on the city attorney or district attorney under the provisions of this subsection is not jurisdictional and the Court of Appeals may extend the time for that service.

(c) Notwithstanding any provision of ORS chapter 19, an undertaking on appeal is not required for an appeal from a judgment involving a violation.

(d) The filing of a notice of an appeal from a judgment involving a violation does not act to automatically stay the judgment.

(3) In any case in which only violations are charged, the state may not appeal from an order dismissing the case that is entered by reason of a police officer's failure to appear at the trial of the matter.

SECTION 12. ORS 221.350 is amended to read:

221.350. (1) Except as provided in subsection (2) of this section, whenever any person is convicted in the municipal court of any city of any offense defined and made punishable by any city charter or ordinance, such person shall have the same right of appeal to the circuit court within whose jurisdiction the city has its legal situs and maintains its seat of city government as now obtains from a conviction from justice courts. The appeal shall be taken and perfected in the manner provided by law for taking appeals from justice courts, except that in appeals taken under this section, ORS 221.360, 221.380 or 221.390:

[(1)] (a) The notice thereof shall be served upon the city attorney;

[(2)] (b) When the notice of appeal has been filed with the court from which the appeal is being taken, the appellate court shall have jurisdiction of the cause. Failure to serve a notice of appeal on the appropriate attorney shall not preclude jurisdiction in the appellate court; and

[(3)] (c) No undertaking providing for the payment of costs and disbursements shall be required.

(2) The provisions of this section apply only to municipal courts that have not become courts of record under section 3 of this 1999 Act. Appeals of criminal judgments in municipal courts that have become courts of record under section 3 of this 1999 Act shall be as provided in ORS chapter 138 for appeals from judgments of circuit courts.

Approved by the Governor July 14, 1999

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

Effective date October 23, 1999

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