Chapter 8 — Court
Officers and District Attorneys
2011 EDITION
COURT OFFICERS AND DISTRICT ATTORNEYS
COURTS OF RECORD; COURT OFFICERS; JURIES
JUDICIAL DEPARTMENT STAFF
8.100 Authority
of Judicial Department to require fingerprints
STATE COURT ADMINISTRATOR; COURT STAFF
8.110 State
Court Administrator; appointment; term; duties
8.120 Duties
as court administrator for Supreme Court and Court of Appeals; delegation
8.125 Duties
to assist Chief Justice and other courts
8.130 Fees
payable to State Treasurer
8.150 Appointment
and compensation of employees
8.155 Bailiffs
of higher courts
8.160 Administrator
and staff not to engage in private practice of law
8.170 Status
of court officers and employees
TRIAL COURT ADMINISTRATORS AND STAFF
8.185 Trial
court administrator for judicial district
8.195 Appointment
of trial court administrators; removal
8.225 Duties
of trial court administrator; delegation; transcript coordinator
8.235 Trial
court administrators as state employees
8.245 Trial
court administrators and other personnel not to engage in private practice of
law
8.255 Agreement
between state and county to provide services with county employees; payment to
county; supervision of employees
COLLECTIVE BARGAINING
8.270 Collective
bargaining rights of court administrators and staff
REPORTERS AND REPORTS
8.340 Reporter’s
duties
8.350 Transcript
of testimony
8.360 Certified
report as prima facie correct; reading as deposition; proceedings where
reporter has ceased to be official reporter
CERTIFIED SHORTHAND REPORTERS
8.415 Definitions
for ORS 8.415 to 8.455
8.420 Qualifications
and certification of shorthand reporters
8.430 Certification
speed requirements
8.435 Certificate
of certified shorthand reporter; prohibition on use of title “certified
shorthand reporter” unless certified
8.440 Grounds
for revocation, suspension or refusal to issue certificate
8.445 Fees
8.450 Disposition
of fees and other revenues
8.455 Advisory
committee, membership; terms
DISTRICT ATTORNEYS
8.610 Election
and term of office
8.620 Filing
certificate of election
8.630 Qualifications;
general powers and duties
8.640 Filling
vacancies in office
8.650 District
attorney as public prosecutor
8.660 Attending
court and prosecuting offenses
8.665 Prosecuting
violations
8.670 Proceedings
before magistrates and grand jury
8.675 Priority
given to administration of laws relating to public assistance and enforcement
of support
8.680 Prosecuting
and collecting penalties and forfeitures; prosecuting and defending for state
8.685 Assisting
juvenile court; right to appear
8.690 Advising
and representing county officers and employees
8.700 Register
to be kept
8.710 Disqualification;
appointment of special district attorney
8.720 Receiving
private fee in criminal action; acting as attorney in civil action involving
same controversy
8.726 District
attorneys and deputies prohibited from engaging in private practice of law;
exception
8.730 Partner
prosecuting or defending certain cases
8.760 Deputies
may be authorized and paid by county
8.780 Appointment
of deputies; qualifications; duties
8.790 Compensation
of district attorney and deputies limited to salaries
8.830 Additional
compensation from county for district attorney and deputies paid by state
8.850 Offices,
supplies and stenographic assistance for district attorneys and deputies
8.852 Salary
plan for district attorneys
8.010
[Amended by 1953 c.382 §4; 1969 c.198 §36; 1983 c.763 §28; renumbered 8.155]
8.020
[Amended by 1965 c.225 §1; 1981 c.126 §1; 1981 s.s.1 c.3 §23; repealed by 1983
c.77 §1]
8.030
[Repealed by 1983 c.77 §1]
8.060
[Formerly 2.350; repealed by 1971 c.193 §30]
8.070 [1965
c.328 §1; 1975 c.260 §1; 1977 c.594 §1; repealed by 1981 s.s.1 c.3 §141]
8.075 [1977
c.594 §3; repealed by 1981 s.s.1 c.3 §141]
JUDICIAL DEPARTMENT STAFF
8.100 Authority of Judicial Department to
require fingerprints. For the purpose of requesting a
state or nationwide criminal records check under ORS 181.534, the Judicial
Department may require the fingerprints of a person who:
(1)
Is employed or applying for employment by the department; or
(2)
Provides services or seeks to provide services to the department as a
contractor, vendor or volunteer. [2005 c.730 §51]
STATE COURT ADMINISTRATOR; COURT STAFF
8.110 State Court Administrator; appointment;
term; duties. (1) The office of State Court
Administrator is established.
(2)
The Chief Justice of the Supreme Court shall appoint after conferring with and
seeking the advice of the Supreme Court, may remove at pleasure and shall fix
the compensation of the State Court Administrator.
(3)
The State Court Administrator shall perform the duties, powers and functions of
the office under the supervision and subject to the direction of the Chief
Justice of the Supreme Court. [Amended by 1953 c.382 §4; 1971 c.193 §1; 1981 s.s. c.1 §12]
8.120 Duties as court administrator for
Supreme Court and Court of Appeals; delegation.
(1) The State Court Administrator shall, for the Supreme Court and Court of
Appeals:
(a)
Act as court administrator for the court.
(b)
Keep the seal of the court, and affix it in all cases required by law.
(c)
Record the proceedings of the court.
(d)
Keep the records, files, books and documents pertaining to the court.
(e)
File all documents delivered to the administrator for that purpose in any
action or proceeding in the court.
(f)
Attend the terms of the court, unless excused by the court, and administer
oaths.
(g)
Under the direction of the court enter its orders and judgments.
(h)
Authenticate, by certificate or transcript, as may be required, the records,
files or proceedings of the court, or any document pertaining thereto, and
filed with the administrator.
(i) In the performance of duties pertaining to the court,
conform to the direction of the court.
(2)
The State Court Administrator may delegate powers of the office of State Court
Administrator to officers and employees of the Judicial Department designated
by the State Court Administrator in writing. [Amended by 1971 c.193 §2; 1981 s.s. c.1 §13; 1985 c.540 §21; 1995 c.273 §3; 2003 c.518 §4;
2007 c.129 §7]
8.125 Duties to assist Chief Justice and
other courts. The State Court Administrator shall, to
the extent directed by the Chief Justice of the Supreme Court:
(1)
Assist the Chief Justice in exercising administrative authority and supervision
under ORS 1.002.
(2)
Consistent with applicable provisions of law and rules made thereunder:
(a)
Supervise the personnel plan for officers, other than judges, and employees of
the courts of this state who are state officers or employees.
(b)
Prescribe the form and content and supervise the preparation of consolidated
budgets, for submission to the Legislative Assembly, applicable to expenditures
made and revenues received by the state in respect to the courts of this state.
(c)
Supervise an accounting system for the recording, monitoring and auditing of
expenditures made and revenues received by the state in respect to the courts
of this state.
(d)
Establish and maintain inventory records of property of the state in the
custody or control of the courts of this state or any judge, other officer or
employee thereof.
(3)
Conduct a continuing survey of the administrative methods and activities,
records, business and facilities of the courts of this state and make
recommendations to the Chief Justice based on the survey.
(4)
Collect and compile statistical and other data relating to the courts of this
state and municipal courts, including the caseload, workload, performance,
status, management, expenses and revenues of those courts, and make reports on
the business and condition of those courts.
(5)
Establish and supervise a statewide public information service concerning the
courts of this state.
(6)
Establish and supervise education programs for judges, other officers and
employees of the courts of this state and municipal courts pertinent to the
performance of the functions of those judges, other officers and employees.
(7)
Provide to the judges, other officers and employees of the courts of this
state, to attorneys and to the public appropriate assistance services relating
to the administration and management of the courts of this state.
(8)
Prepare and maintain a continuing long-range plan for improvement and future
needs of the courts of this state.
(9)
Supervise and maintain the law libraries of the judicial department of
government of this state, including the State of Oregon Law Library, and
excluding county law libraries except as provided in ORS 9.825.
(10)
Enter into contracts on behalf of the Judicial Department, including but not
limited to financing agreements entered into pursuant to ORS 283.087.
(11)
Prescribe minimum retention schedules and standards for all records of the
state courts and the administrative offices of the state courts, including but
not limited to minimum retention schedules and standards for registers,
dockets, indexes, files, citations, notes, audio records, video records,
stenographic records, exhibits, jury records and fiscal and administrative
documents, whether maintained in paper, micrographic, electronic or other
storage form. The State Court Administrator shall ensure that the minimum
record retention schedules and standards prescribed under this subsection
conform with policies and standards established by the State Archivist under
ORS 192.105, 357.825 and 357.835 (1) for public records valued for legal,
administrative or research purposes. [1981 s.s. c.1 §15;
1985 c.308 §1; 1991 c.790 §19; 1995 c.244 §1; 1999 c.787 §2; 2001 c.779 §5;
2011 c.224 §6; 2011 c.595 §106]
8.130 Fees payable to State Treasurer.
Unless otherwise provided by law, all fees and other moneys collected by the
State Court Administrator shall be paid to the State Treasurer promptly, and
shall be deposited in the General Fund available for general governmental
expenses. [Amended by 1971 c.193 §3; 1981 s.s. c.1 §16]
8.140
[Amended by 1971 c.193 §4; repealed by 1981 s.s. c.1 §25]
8.150 Appointment and compensation of
employees. The State Court Administrator, with the
approval of the Chief Justice of the Supreme Court, may appoint and shall fix
the compensation of employees to perform or assist in the performance of
duties, powers and functions of the administrator. [Amended by 1971 c.193 §5;
1981 s.s. c.1 §17]
8.155 Bailiffs of higher courts.
(1) Bailiffs for the Supreme Court and the Court of Appeals shall be appointed
under a personnel plan established by the Chief Justice of the Supreme Court.
The bailiffs shall be executive officers of the respective courts.
(2)
Process in cases of original jurisdiction in the Supreme Court may be executed
by the bailiff or any sheriff of the state as directed by the court. [Formerly
8.010]
8.160 Administrator and staff not to
engage in private practice of law. The State
Court Administrator and employees of the administrator shall not engage in the
private practice of law. [Amended by 1953 c.382 §4; 1971 c.193 §6; 1981 s.s. c.1 §18]
8.170 Status of court officers and
employees. Officers and employees of the Supreme
Court, Court of Appeals and Oregon Tax Court, and employees of the State Court
Administrator, who are appointed under a personnel plan established by the
Chief Justice of the Supreme Court are state officers or employees in the
exempt service and not subject to ORS chapter 240. However, such personnel
shall have the right to be dismissed only for just cause after hearing and
appeal. [1983 c.763 §27]
8.172 [1995
c.658 §146; repealed by 2001 c.823 §24 (1.204 enacted in lieu of 8.172)]
TRIAL COURT ADMINISTRATORS AND STAFF
8.185 Trial court administrator for
judicial district. Unless otherwise ordered by the
Chief Justice of the Supreme Court, there shall be a trial court administrator
for each judicial district described in ORS 3.012. The Chief Justice may order
that one trial court administrator serve for two or more adjoining judicial
districts. [1981 s.s. c.3 §8; 1995 c.658 §17; 1997
c.801 §115]
8.195 Appointment of trial court
administrators; removal. (1) Subject to applicable
provisions of a personnel plan established by the Chief Justice of the Supreme
Court, a person to serve as trial court administrator for:
(a)
One judicial district shall be appointed by the presiding judge for the
judicial district, with the approval of a majority of the circuit court judges
in the district.
(b)
The circuit court in a judicial district shall be appointed by the presiding
judge for the judicial district, with the approval of a majority of the circuit
court judges.
(c)
Two or more adjoining judicial districts shall be appointed by the presiding
judges for the judicial districts, with the approval of a majority of the
circuit court judges in the districts.
(2)
A trial court administrator may be removed from the office by the appointing
presiding judge as provided in a personnel plan established by the Chief
Justice of the Supreme Court. [1981 s.s. c.3 §9; 1995
c.658 §18; 1995 c.781 §18]
8.205 [1981 s.s. c.3 §10; 1995 c.658 §19; repealed by 1997 c.801 §131]
8.210
[Repealed by 1973 c.781 §4]
8.215 [1981 s.s. c.3 §11; 1995 c.658 §20a; 1995 c.781 §19; repealed by
1997 c.801 §131]
8.220
[Repealed by 1973 c.781 §4]
8.225 Duties of trial court administrator;
delegation; transcript coordinator. (1) The trial
court administrator for a judicial district has the duties, powers and
functions prescribed by law or by rules of the circuit courts in the district.
(2)
A trial court administrator shall, for each court served by the officer:
(a)
Keep the seal of the court, and affix it in all cases required by law.
(b)
Record the proceedings of the court.
(c)
Maintain the records, files, books and other documents pertaining to the court.
(d)
File all documents delivered to the trial court administrator in any action or
proceeding in the court.
(e)
Attend the terms of the court, administer oaths and receive the verdict of a
jury in any action or proceeding therein, in the presence and under the
direction of the court.
(f)
Under the direction of the court enter its orders and judgments.
(g)
Authenticate, by certificate or transcript, as may be required, the records,
files or proceedings of the court, or any document pertaining thereto, and
filed with the officer.
(h)
In the performance of duties pertaining to the court, conform to the direction
of the court.
(3)
A trial court administrator may take and certify the proof and acknowledgment
of a conveyance of real property or any other written instrument authorized or
required to be proved or acknowledged.
(4)
A trial court administrator may delegate powers of the office of trial court
administrator to employees of the trial court administrator.
(5)
A trial court administrator shall designate a person to act as transcript
coordinator for the court. [1981 s.s. c.3 §12; 1985
c.540 §22; 1993 c.223 §1; 1995 c.273 §4; 1997 c.801 §§117,117a; 2007 c.129 §8]
8.235 Trial court administrators as state
employees. Trial court administrators appointed
under ORS 8.195 and other nonjudicial officers and
employees of the circuit courts who are appointed under a personnel plan
established by the Chief Justice of the Supreme Court are state officers or
employees in the exempt service and not subject to ORS chapter 240. However,
such personnel shall retain the right to be dismissed only for just cause after
hearing and appeal. [1981 s.s. c.3 §13; 1997 c.801 §118]
8.245 Trial court administrators and other
personnel not to engage in private practice of law.
Trial court administrators appointed under ORS 8.195 and other nonjudicial officers and employees of the circuit courts
who are appointed under a personnel plan established by the Chief Justice of
the Supreme Court shall not engage in the private practice of law. [1981 s.s. c.3 §15; 1997 c.801 §119]
8.255 Agreement between state and county
to provide services with county employees; payment to county; supervision of employees.
(1) The State Court Administrator, on behalf of the state, and the governing
body of a county, on behalf of the county, may enter into an agreement whereby
services required to be provided by the state for the circuit court for the
county are provided by employees of the county, instead of by state officers
and employees, and the expenses of the county in providing those services are
paid to the county by the state from funds available for the purpose.
(2)
County employees providing services under an agreement shall be under the
supervision and control of the trial court administrator appointed under ORS
8.195. County employees providing services under an agreement are not thereby
state employees. County employees providing services under an agreement shall
not engage in the private practice of law.
(3)
With the prior approval of the State Court Administrator, a trial court
administrator appointed under ORS 8.195, on behalf of the state, and the
governing body of a county, on behalf of the county, may enter into an
agreement under this section in respect to services for a circuit court for the
county served by the trial court administrator. [1981 s.s.
c.3 §16; 1995 c.781 §20; 1997 c.801 §120]
8.260 [1953
c.34 §6; repealed by 1959 c.552 §16]
COLLECTIVE BARGAINING
8.270 Collective bargaining rights of
court administrators and staff. All officers
and employees of the courts of this state who are referred to in ORS 8.170 and
8.235 are subject to collective bargaining to the extent provided in ORS 243.650
to 243.782, and ORS 8.170 and 8.235 shall not be construed to reduce or
eliminate any collective bargaining rights those officers and employees may
have under ORS 243.650 to 243.782. [1983 c.763 §27a]
8.310
[Amended by 1965 c.369 §1; 1967 c.229 §1; 1971 c.565 §2; 1981 c.126 §2;
repealed by 1981 s.s. c.3 §141]
8.320
[Amended by 1971 c.565 §3; repealed by 1981 s.s. c.3 §141]
8.330
[Repealed by 1981 s.s. c.3 §141]
REPORTERS AND REPORTS
8.340 Reporter’s duties.
(1) It is 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 or justice of the peace may direct.
(2)
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)
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.
(4)
Upon the trial or hearing of any cause, the judge or justice of the peace upon
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. The reporter shall, in
the manner provided in subsection (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.
(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.
(6)
The notes or audio records of the official reporter or a reporter providing
services under subsection (7) of this section 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.
(7)(a)
In any circuit court proceeding in which the court uses audio recording or
video recording, any party may, with reasonable notice to the trial court,
arrange for the reporting of the proceeding by stenographic means. A reporter
providing stenographic reporting services under this paragraph shall be
certified in shorthand reporting under ORS 8.415 to 8.455 or by a nationally
recognized certification program. The party arranging for reporting of the
proceeding by stenographic means must provide the court with the name of the
reporter and an address and telephone number where the reporter may be
contacted.
(b)
If all parties to the proceedings agree, the stenographic reporting of the
proceedings by a reporter arranged for by a party may be used by the parties
during the proceedings.
(c)
If all parties to the proceedings agree, the stenographic reporting of the
proceedings by a reporter arranged for by a party is the official record of the
proceedings for the purpose of a transcript on appeal. For all other purposes,
the official record of the proceedings shall be the record produced by the
reporting technique used by the court, unless otherwise ordered by the court.
(d)
Unless other parties agree to pay all or part of the cost of the reporter, the
party arranging for the reporting of the proceeding by stenographic means under
this subsection must pay all costs of the reporter and the cost of providing
copies of the transcript to the court. [Amended by 1955 c.497 §2; 1971 c.565 §4;
1975 c.481 §2; 1981 s.s. c.3 §24; 1985 c.496 §9; 1985
c.540 §42; 1989 c.1009 §1; 1995 c.244 §5; 1999 c.682 §9; 2007 c.394 §1]
8.350 Transcript of testimony.
When a report of the proceedings, or any part thereof, has been made in any
case as provided in ORS 8.340, if the court or either party to the suit or
action or the party’s attorney requests transcription of the notes or audio
records into longhand, the official reporter shall cause full and accurate
typewritten transcripts to be made of the testimony or other proceedings, which
shall, when certified to as provided in ORS 8.360, be filed with the clerk of
the court where the cause was tried or heard, for the use of the court or
parties. [Amended by 1955 c.497 §3; 1985 c.496 §10; 1985 c.540 §43; 2009 c.11 §3]
8.360 Certified report as prima facie
correct; reading as deposition; proceedings where reporter has ceased to be
official reporter. (1) The report of the official
reporter, when transcribed and certified to as being a correct transcript of
the notes or audio records of the testimony, exceptions taken, charge of the
judge, and other proceedings in the matter, shall be prima facie a correct
statement thereof, and may thereafter be read in evidence as the deposition of
a witness.
(2)
When the official reporter in any cause has ceased to be the official reporter
of that court, any transcript made from the notes or audio records by the
former official reporter, or made by a competent person under direction of the
court, and duly certified to by the maker, under oath, as a full, true and
complete transcript of the notes or audio records, shall have the same force
and effect as though certified in the same manner by the official reporter. [Amended
by 1955 c.497 §4; 1979 c.284 §42; 1985 c.540 §44]
8.370
[Amended by 1953 c.566 §2; repealed by 1959 c.445 §1]
8.372
[Formerly part of 8.381; repealed by 1981 s.s. c.3 §141]
8.375
[Formerly part of 8.381; repealed by 1981 s.s. c.3 §141]
8.377
[Formerly part of 8.381; 1981 c.759 §9; repealed by 1981 s.s.
c.3 §141]
8.379
[Formerly part of 8.381; 1971 c.144 §1; 1971 c.390 §1; repealed by 1981 s.s. c.3 §141]
8.380
[Amended by 1953 c.550 §22; 1957 c.666 §1; 1957 c.713 §15; 1959 c.509 §1;
repealed by 1961 c.447 §1]
8.381 [1961
c.447 §3; 1965 c.369 §2; 1967 c.532 §6; 1967 c.533 §16; parts renumbered 8.372,
8.375, 8.377, 8.379, 8.383, 8.385 and 8.387]
8.383
[Formerly part of 8.381; 1981 c.759 §10; repealed by 1981 s.s.
c.3 §141]
8.385
[Formerly part of 8.381; repealed by 1981 s.s. c.3 §141]
8.387
[Formerly part of 8.381; 1971 c.777 §6; 1975 c.430 §1; repealed by 1981 s.s. c.3 §141]
8.390
[Amended by 1953 c.550 §22; 1961 c.447 §2; repealed by 1981 s.s.
c.3 §141]
8.395 [1967
c.273 §1; repealed by 1981 s.s. c.3 §141]
8.400
[Amended by 1953 c.550 §22; repealed by 1981 s.s. c.3
§141]
8.410
[Repealed by 1981 s.s. c.3 §141]
CERTIFIED SHORTHAND REPORTERS
8.415 Definitions for ORS 8.415 to 8.455.
As used in ORS 8.415 to 8.455, unless the context requires otherwise:
(1)
“Administrator” means the State Court Administrator.
(2)
“Advisory committee” means the Certified Shorthand Reporters Advisory Committee
created in ORS 8.455.
(3)
“Certified shorthand reporter” means an individual who has been certified to
engage in the practice of shorthand reporting under ORS 8.415 to 8.455.
(4)
“Shorthand reporting” means the making and transcribing of a verbatim record of
any court proceeding, deposition, hearing or other matter where the verbatim
record is required or requested by any court, grand jury, attorney or referee to
be made by means of a written system of either manual or machine shorthand
procedures. [Formerly 703.400; 1997 c.249 §3; 2003 c.14 §6]
8.420 Qualifications and certification of
shorthand reporters. (1) The State Court
Administrator shall verify the qualifications of shorthand reporters to be
certified and shall issue the certificate of shorthand reporter to qualified
applicants.
(2)
The administrator shall adopt policies necessary to administer ORS 8.415 to
8.455 and may appoint any committees necessary to function in accordance with
ORS 8.415 to 8.455.
(3)
The administrator shall:
(a)
Adopt policies establishing the qualifications necessary for the issuance of a
certificate of certified shorthand reporter;
(b)
Determine the qualifications of persons applying for certificates under ORS
8.415 to 8.455;
(c)
Adopt policies for the examination of applicants and the issuing of
certificates under ORS 8.415 to 8.455;
(d)
Grant certificates to qualified applicants upon compliance with ORS 8.415 to
8.455 and policies of the administrator;
(e)
Establish continuing education requirements for biennial renewal of
certificates;
(f)
Collect fees as set by the administrator;
(g)
Require the biennial renewal of all certificates;
(h)
Establish a code of conduct and grounds for disciplinary action; and
(i) Investigate complaints regarding court reporters.
(4)
The Certified Shorthand Reporters Advisory Committee shall recommend:
(a)
Standards establishing the qualifications necessary for the issuance of a
certificate of certified shorthand reporter;
(b)
Qualifications required of persons applying for certificates under ORS 8.415 to
8.455;
(c)
Procedures for the examination of applicants and the issuing of certificates
under ORS 8.415 to 8.455;
(d)
Certificates be granted by the administrator to qualified applicants upon
compliance with ORS 8.415 to 8.455 and policies of the administrator;
(e)
Continuing education requirements for biennial renewal of certificates;
(f)
A code of conduct and grounds for suspension or revocation of certificates or
other disciplinary action to the administrator;
(g)
Investigation of complaints regarding court reporters at the direction of the
administrator; and
(h)
Any corrective action that may be required. [Formerly 703.402; 1997 c.249 §4;
2005 c.22 §2]
8.430 Certification speed requirements.
(1) Except as provided by policy established by the State Court Administrator
each applicant for certification as a shorthand reporter shall satisfy the
following shorthand reporting speed requirements:
(a)
Five minutes of literary at 180 words per minute.
(b)
Five minutes of jury charge at 200 words per minute.
(c)
Five minutes of two-voice testimony at 225 words per minute.
(2)
The administrator may establish various categories of certification based on
achievement of different skill and performance levels. [Formerly 703.404]
8.435 Certificate of certified shorthand
reporter; prohibition on use of title “certified shorthand reporter” unless
certified. (1) The certificate of certified
shorthand reporter shall be granted to any person who meets the requirements of
ORS 8.415 to 8.455 and policies of the State Court Administrator.
(2)
Any person who has received from the administrator a certificate of “certified
shorthand reporter” shall be styled and known as a “certified shorthand
reporter” and may also use the abbreviation of “C.S.R.”
(3)
A certificate shall be renewed biennially as provided by policies of the
administrator.
(4)
Certificates issued by the administrator may be renewed biennially upon payment
of the fee established under ORS 8.445, completion of established continuing
education requirements and compliance with the code of conduct policy as
established by the administrator.
(5)
A person may not assume or use the title or designation “certified shorthand
reporter” or the abbreviation “C.S.R.” or any other title, designation, words,
letters, abbreviation, sign or device tending to indicate that the person is a
certified shorthand reporter unless the person has received a certificate as a
certified shorthand reporter under ORS 8.415 to 8.455 and policies of the
administrator that is not revoked, suspended or lapsed. [Formerly 703.406]
8.440 Grounds for revocation, suspension
or refusal to issue certificate. (1) The State
Court Administrator may:
(a)
Revoke, suspend or refuse to issue any certificate described in ORS 8.415 to
8.455 or policies of the administrator.
(b)
Require additional education or training.
(2)
The administrator may revoke, suspend or refuse to issue any certificate
described in ORS 8.415 to 8.455 or policies of the administrator in the case of
a violation of any provision of ORS 8.415 to 8.455 or policies of the
administrator.
(3)
The administrator may require additional education or training if the administrator
finds the person engages in or has engaged in conduct that evidences a lack of
knowledge or ability to apply skills of shorthand reporting. [Formerly 703.408]
8.445 Fees.
(1) The State Court Administrator shall establish a fee schedule for fees
authorized by ORS 8.415 to 8.455, as follows:
(a)
Not to exceed $100 for initial registration.
(b)
Not to exceed $100 for biennial renewal.
(c)
Not to exceed $100 for the examination.
(2)
Fees are nonrefundable.
(3)
Subject to a report to the Emergency Board prior to adopting the fees and
charges, the fees and charges established under this section shall not exceed
the cost of administering and enforcing ORS 8.415 to 8.455, consistent with the
budget authorized by the Legislative Assembly, as that budget may be modified
by the Emergency Board. [Formerly 703.410; 2003 c.737 §99]
8.450 Disposition of fees and other
revenues. All fees, moneys and other revenues
received or collected under ORS 8.415 to 8.455 shall be paid into the account
established in ORS 45.294, and such moneys are continuously appropriated to the
State Court Administrator for the administration and enforcement of ORS 8.415
to 8.455. [Formerly 703.412]
8.455 Advisory committee, membership;
terms. (1) There is created a Certified Shorthand
Reporters Advisory Committee consisting of seven members appointed by the State
Court Administrator as follows:
(a)
Four members of the advisory committee shall be persons skilled in the practice
of shorthand reporting and shall have been engaged continuously in the practice
of shorthand reporting for a period of not less than five years prior to the
date of appointment as a member of the advisory committee. Appointees shall be
certified under ORS 8.415 to 8.455. Of the shorthand reporter members, two
shall be official reporters and two shall be free-lance reporters;
(b)
Two members of the advisory committee shall be members of the Oregon State Bar;
and
(c)
One member of the advisory committee shall be a public member and not be a
reporter or a member of the Oregon State Bar or related thereto. The public
member is entitled to compensation and expenses as provided in ORS 292.495.
(2)
The term of a member of the advisory committee shall be three years. A member
is eligible for reappointment to the advisory committee. Vacancies occurring
shall be filled by appointment for the unexpired term.
(3)
The advisory committee shall organize by the election of one of its members as
president and one as secretary.
(4)
A majority of the advisory committee shall constitute a quorum for all
purposes. [Formerly 703.414]
8.510
[Amended by 1953 c.566 §2; 1957 c.706 §1; 1963 c.494 §1; 1981 c.215 §9;
repealed by 1981 s.s c.3 §141]
DISTRICT ATTORNEYS
8.610 Election and term of office.
A district attorney for each county shall be elected by the electors of the
county, at the general election or, if applicable, at the election specified in
ORS 249.088 next preceding the expiration of the term of the then incumbent.
The district attorney shall hold office for the term of four years and until a
successor is elected and qualified. [Amended by 1991 c.719 §2]
8.620 Filing certificate of election.
A person elected to the office of district attorney must, before entering upon
the office, qualify by filing with the Secretary of State the certificate of
election of the person. [Amended by 1987 c.158 §3; 2005 c.22 §3; 2005 c.797 §27]
8.630 Qualifications; general powers and
duties. A person elected district attorney
must, at the time of election, have been admitted to practice in the Supreme
Court of Oregon. District attorneys shall possess the qualifications, have the
powers, perform the duties and be subject to the restrictions provided by the
Constitution for prosecuting attorneys, and by the laws of this state.
8.640 Filling vacancies in office.
When a vacancy occurs in the office of district attorney, the Governor must
appoint some suitable person to fill the vacancy until the next election and
qualification of a successor at the next general election. A person appointed
to fill a vacancy in the office must qualify in the same manner as a person
elected thereto, and shall have like power and compensation, and perform the
same duties.
8.650 District attorney as public
prosecutor. The district attorney in each county is
the public prosecutor therein and has the authority to appear and prosecute
violations of the charter and ordinances of any city provided the circuit court
for the county has jurisdiction with respect to violations of the charter and
ordinances of each such city. In cities of a population of more than 300,000
the district attorney shall be responsible for the prosecution of all city
ordinance violations. [Amended by 1971 c.633 §14; 1995 c.658 §21]
8.660 Attending court and prosecuting
offenses. (1) The district attorney shall attend
the terms of all courts having jurisdiction of public offenses within the
district attorney’s county, and, except as otherwise provided in this section,
conduct, on behalf of the state, all prosecutions for such offenses therein.
(2)
A district attorney shall not conduct prosecutions under this section when:
(a)
A city attorney is prosecuting a violation under ORS chapter 153; or
(b)
The district attorney is prohibited from appearing in a violation proceeding
under the provisions of ORS 153.076. [Amended by 1975 c.451 §170; 1981 c.626 §1;
1981 c.692 §6a; 1999 c.1051 §116]
8.665 Prosecuting violations.
Upon the issuance of a citation by any person authorized to issue citations for
violations, a district attorney shall prosecute the case if it appears that a
violation has occurred. [1981 c.692 §10; 1999 c.1051 §117]
8.670 Proceedings before magistrates and
grand jury. The district attorney shall institute
proceedings before magistrates for the arrest of persons charged with or
reasonably suspected of public offenses, when the district attorney has
information that any such offense has been committed, and attend upon and
advise the grand jury when required.
8.675 Priority given to administration of
laws relating to public assistance and enforcement of support.
In the performance of official duties, unless otherwise specifically required
by law and except for criminal and juvenile proceedings, the district attorney
shall give priority to the performance of those duties involving the
administration of the laws relating to public assistance and reciprocal
enforcement of support. [1959 c.539 §5]
8.680 Prosecuting and collecting penalties
and forfeitures; prosecuting and defending for state.
The district attorney shall prosecute for all penalties and forfeitures to the
state that may be incurred in the county of the district attorney, and for
which no other mode of prosecution and collection is expressly provided by
statute, and in like case, prosecute or defend all actions, suits and
proceedings in the county to which the state is a party.
8.685 Assisting juvenile court; right to
appear. (1) The district attorney shall, upon
request of the juvenile court, appear in the juvenile court to assist the court
in any matter within its jurisdiction.
(2)
In counties having a population of more than 150,000, according to the latest
federal decennial census, the district attorney shall designate a deputy to
assist the juvenile court as provided in subsection (1) of this section.
(3)
The district attorney is entitled to appear on behalf of the state in the
juvenile court in any matter within the jurisdiction of the court. [1959 c.432 §63
(enacted in lieu of 8.750); 1991 c.681 §4]
8.690 Advising and representing county
officers and employees. Upon request of a county
officer, the district attorney and deputies of the district attorney shall
advise the county court and other county officers on all legal questions that
may arise. When any action is instituted against any county officer or county
employee for damages for an alleged wrongful act or omission in the performance
of official duty, the district attorney shall defend such action. The district
attorney shall also prosecute and defend all actions, suits, and proceedings to
which the county may be a party. For such services the district attorney shall
receive no compensation other than salary. [Amended by 1957 c.151 §1; 1965
c.419 §1]
8.700 Register to be kept.
The district attorney must keep a register of official business, in which the
district attorney shall make a note of every action, suit or proceeding
commenced or defended by the district attorney in official capacity, and the
proceedings therein. The register shall, at the expiration of the term of
office of the district attorney, be delivered by the district attorney to the
successor in office.
8.710 Disqualification; appointment of special
district attorney. If a district attorney fails to
attend any court at which the district attorney is required to be, or is
related to the accused by consanguinity or affinity, or, prior to the district
attorney’s election as district attorney, represented the accused in the matter
to be investigated by the grand jury or the crime charged in the indictment, or
is associated with the accused in business, or is interested financially in the
matter or property out of which the alleged crime or criminal action arose, or
is a stockholder in any corporation, any officer or stockholder of which is
charged with the commission of any crime, or declines to prosecute or
participate in proceedings for the imposition of sanctions for a contempt of
court under ORS 33.065, or because of any other conflict cannot ethically serve
as district attorney in a particular case, and such facts appear to the satisfaction
of the court by affidavit or otherwise, the court shall appoint a regularly
licensed and practicing attorney of this state who is not counsel for an
interested party to perform the duties of district attorney during the district
attorney’s absence or inability to serve, or the trial or investigation of such
accused. When the district attorney is disqualified as provided in this
section, the person so appointed by the court shall receive reasonable
compensation for that person’s attendance, to be allowed by the court. The
court in such case shall order compensation to be paid by the county, except
that when the person so appointed performs the district attorney’s
responsibilities under ORS 25.080, the court shall order compensation to be
paid by the Oregon Department of Administrative Services of the state from
funds available for that purpose. [Amended by 1985 c.611 §1; 1991 c.724 §16]
8.720 Receiving private fee in criminal
action; acting as attorney in civil action involving same controversy.
A district attorney shall not receive any fee or reward from any private person
for services in any criminal action, nor during the pendency of such
prosecution can the district attorney act as attorney for either party in any
civil action, suit or proceeding involving substantially the same controversy.
8.725 [1957
c.645 §2; 1959 c.539 §1; 1961 c.586 §3; repealed by 1965 c.633 §4]
8.726 District attorneys and deputies
prohibited from engaging in private practice of law; exception.
(1) Except as authorized by subsection (2) of this section, district attorneys
and deputy district attorneys may not engage in the private practice of law.
(2)
A district attorney or deputy district attorney may engage in volunteer or pro
bono legal work. [1965 c.633 §2; 1971 c.583 §1; 1975 c.378 §7; 1977 c.834 §5;
1979 c.418 §8; 1981 c.908 §2; 2007 c.658 §1]
8.730 Partner prosecuting or defending
certain cases. It is not lawful for any district
attorney who has a law partner to allow that partner to prosecute or defend
divorce cases or to defend cases in which the state is plaintiff and the
district attorney is the public prosecutor. It is the duty of the judicial
officers of this state to prohibit such practice in all cases coming before
them. [Amended by 2003 c.14 §7]
8.740 [Amended
by 1953 c.652 §6; 1957 c.490 §1; 1959 c.539 §2; 1961 c.586 §2; repealed by 1967
c.556 §5]
8.750
[Repealed by 1959 c.432 §62 (8.685 enacted in lieu of 8.750)]
8.760 Deputies may be authorized and paid
by county. The county court or board of county commissioners
may empower the district attorney to appoint one or more deputy district
attorneys whose compensation shall be fixed by the county court or board of
county commissioners and paid out of the county funds in the same manner as
county officers are paid. [Amended by 1961 c.586 §4]
8.770
[Repealed by 1961 c.586 §6]
8.780 Appointment of deputies;
qualifications; duties. A district attorney shall
appoint deputies. A deputy district attorney shall have the same qualifications
as the district attorney, and subject to the direction of the district
attorney, has the same functions as the district attorney. [Amended by 1961
c.586 §5]
8.790 Compensation of district attorney
and deputies limited to salaries. No salary,
fees, percentage or compensation of any kind shall be allowed, paid to or
received by any district attorney or deputy district attorney except as
provided in ORS 8.110 to 8.150, 8.160 and 8.670 to 8.852.
8.795 [1957
c.645 §3; 1959 c.539 §3; 1961 c.586 §6a; repealed by 1965 c.633 §4]
8.800 [1953
c.652 §6; 1957 c.645 §1; 1959 c.539 §4; 1961 c.586 §1; repealed by 1965 c.633 §4]
8.801 [1965
c.633 §1; 1967 c.597 §1; 1969 c.320 §1; repealed by 1971 c.711 §6]
8.810
[Repealed by 1967 c.111 §7]
8.820
[Repealed by 1967 c.111 §7]
8.830 Additional compensation from county
for district attorney and deputies paid by state.
Whenever, in the judgment of any county court or board of county commissioners,
the salaries paid by the state to the district attorney, or to any deputy
district attorney, are not commensurate with the character of the service
performed, the county court or board of county commissioners may pay out of the
funds of the county such additional amounts as will properly compensate said
officers for the service performed. [Amended by 1955 c.220 §1]
8.840
[Repealed by 1953 c.652 §6]
8.850 Offices, supplies and stenographic
assistance for district attorneys and deputies.
Each county shall provide the district attorney and any deputies for such
county with such office space, facilities, supplies and stenographic assistance
as is necessary to perform efficiently the duties of such office. [1953 c.652 §3]
8.852 Salary plan for district attorneys.
The district attorneys of the various counties shall be paid monthly salaries
as adopted in the salary plan provided for in ORS 240.240 (2), to include
salary adjustments awarded management service employees. [1991 c.432 §2;
reenacted by 1993 c.290 §2; reenacted by 1995 c.9 §2; reenacted by 1997 c.75 §2]
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