Chapter 2 — SupremeCourt; Court of Appeals

 

2009 EDITION

 

 

SUPREMECOURT; COURT OF APPEALS

 

COURTSOF RECORD; COURT OFFICERS; JURIES

 

SUPREMECOURT

 

2.010 Numberof judges of Supreme Court

 

2.020 Qualificationsof judges

 

2.040 Positionnumber of judges

 

2.045 ChiefJustice

 

2.100 Quorum

 

2.111 Departmentsof court; sitting in departments or en banc; participation in decision ofmatter

 

2.120 Rules,generally

 

2.130 Rulesgoverning original jurisdiction

 

PUBLICATIONOF COURT DECISIONS

 

2.141 Filingof court decisions

 

2.150 Publicationand distribution of court decisions and other official documents

 

2.165 CourtPublications Account

 

COURTOF APPEALS

 

2.510 Courtof Appeals

 

2.516 Jurisdictionof all appeals exclusive; exceptions

 

2.520 Procedurefor review of decisions of Court of Appeals

 

2.540 Numberof judges of Court of Appeals; qualifications; term

 

2.550 ChiefJudge

 

2.560 Rules;where court sits; appellate mediation program

 

2.565 AppellateMediation Program Revolving Account

 

2.570 Departmentsof court; sitting in departments or en banc; participation in decision ofmatter

 

2.590 Expensesfor judges when away from state capital

 

ALTERNATIVEDISPUTE RESOLUTION

 

2.700 Liabilityof persons providing dispute resolution services

 

SUPREMECOURT

 

2.010Number of judges of Supreme Court. The Supreme Court shall consist ofseven judges.

 

2.020Qualifications of judges. (1) The judges of the Supreme Court shall becitizens of the United States, and shall have resided in this state at leastthree years next preceding their election or appointment.

(2)All persons elected judges of the Supreme Court must, at time of theirelection, have been admitted to practice in the Supreme Court of Oregon.

 

2.040Position number of judges. The positions of the members of the Supreme Courtshall be designated by the numbers 1 to 7, following the designation made bysection 1, chapter 241, Laws of Oregon 1929, and each incumbent shall bedesignated by the same position number as the judge whom the incumbent succeedsin office.

 

2.045Chief Justice.(1) The Chief Justice of the Supreme Court shall be a judge of the courtselected by vote of a majority of the judges of the court. The judges of thecourt shall endeavor to select a judge who is well qualified to act as theadministrative head of the judicial department of government in this state.

(2)The Chief Justice may be removed from the office of Chief Justice by vote of amajority of the judges of the court when the Chief Justice fails to performadequately the functions of the office.

(3)The term of office of the Chief Justice is six years, commencing on the date ofselection. The term of office of the Chief Justice is not interrupted byexpiration of the term of the Chief Justice as a judge of the court if thejudge is elected judge of the court for a succeeding term. A judge may beselected as Chief Justice for successive terms of the office of Chief Justice.

(4)If there is a vacancy for any cause in the office of Chief Justice, a successorChief Justice shall be selected by vote of a majority of the judges of thecourt.

(5)The Chief Justice may designate another judge of the court to perform thefunctions of the office of Chief Justice when the Chief Justice is temporarilyunable to perform those functions. [1959 c.384 §2 (enacted in lieu of 2.050);1981 s.s. c.1 §1]

 

2.050 [Repealed by1959 c.384 §1 (2.045 enacted in lieu of 2.050)]

 

2.052 [1959 c.44 §1;1969 c.198 §31; repealed by 1975 c.706 §10]

 

2.055 [1959 c.44 §2;repealed by 1975 c.706 §10]

 

2.058 [1959 c.44 §3;1961 c.387 §1; 1969 c.198 §32; repealed by 1975 c.706 §10]

 

2.060 [Amended by1955 c.127 §1; repealed by 1959 c.44 §7]

 

2.070 [Repealed by1983 c.763 §9]

 

2.080 [Repealed by1979 c.55 §1]

 

2.090 [Repealed by1979 c.55 §1]

 

2.100Quorum.Subject to ORS 2.111, the presence of a majority of all the judges of theSupreme Court is necessary for the transaction of any business, except thatless than a majority of the judges may meet and adjourn from day to day, or forthe term, with the same effect as if all the judges were present. [Amended by1959 c.44 §6; 2003 c.14 §4]

 

2.110 [Repealed by1959 c.44 §4 (2.111 enacted in lieu of 2.110)]

 

2.111Departments of court; sitting in departments or en banc; participation indecision of matter.(1) In hearing and determining causes, the Supreme Court may sit all togetheror 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 ChiefJustice shall from time to time designate the number of departments and makeassignments of the judges among the departments. The Chief Justice may sit inone or more of the departments and when so sitting may preside. The ChiefJustice shall designate a judge to preside in each department.

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

(4)The Chief Justice shall apportion the business to the departments. Eachdepartment shall have power to hear and determine causes and all questionswhich may arise therein, subject to subsection (5) of this section. Thepresence 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 threejudges is necessary to pronounce a judgment.

(5)The Chief Justice or a majority of the regularly elected and qualified judgesof the Supreme Court at any time may refer a cause to be considered en banc.When sitting en banc, the court may include not more than two judges protempore of the Supreme Court. When the court sits en banc, the concurrence of amajority of the judges participating is necessary to pronounce a judgment, butif the judges participating are equally divided in their views as to thejudgment to be given, the decision being reviewed shall be affirmed.

(6)The Chief Justice may rule on motions and issue orders in procedural matters inthe Supreme Court.

(7)A judge or judge pro tempore of the Supreme Court may participate in the decisionof the matter without resubmission of the cause even though the judge is notpresent for oral argument on the matter.

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

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

(b)The judge is participating in the decision of a cause that was submitted to adepartment, and the judge is participating in lieu of a judge of the departmentwho died, became disabled, was disqualified or was otherwise unable toparticipate 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 departmentthat originally considered the cause. [1959 c.44 §5 (enacted in lieu of 2.110);1995 c.273 §24; 1999 c.659 §1]

 

2.120Rules, generally.The Supreme Court shall have power to make and enforce all rules necessary forthe prompt and orderly dispatch of the business of the court, and the remandingof causes to the court below.

 

2.130Rules governing original jurisdiction. The Supreme Court is empowered toprescribe and make rules governing the conduct in that court of all causes oforiginal jurisdiction therein.

 

2.140 [Repealed by1953 c.345 §3]

 

PUBLICATIONOF COURT DECISIONS

 

2.141Filing of court decisions. The judges of the Supreme Court and Court ofAppeals shall cause their decisions to be prepared, in such number and manneras they may determine, and delivered to the State Court Administrator. Theadministrator shall file a copy of each decision in the office of theadministrator and cause other copies to be distributed as determined by theSupreme Court. [1953 c.345 §1; 1965 c.233 §2; 1967 c.398 §1; 1971 c.193 §9;1971 c.348 §2; 1971 c.526 §1; 1973 c.781 §1; 1975 c.69 §4; 1979 c.876 §1]

 

2.145 [Formerly2.580; repealed by 1975 c.69 §8]

 

2.150Publication and distribution of court decisions and other official documents. (1) The SupremeCourt shall arrange for the publication and distribution of bound volumes ofreports of decisions of the Supreme Court and Court of Appeals, of boundvolumes of reports of decisions of the Oregon Tax Court determined to be ofgeneral public interest under ORS 305.450, of unbound copies of those decisionsto be used as advance sheets and press summaries, rules and other officialjudicial department publications. The bound volumes of reports or advancesheets shall contain additional material as the Supreme Court may direct.

(2)The bound volumes of reports or advance sheets or both may be printed andbound, as the Supreme Court shall determine, by:

(a)The Oregon Department of Administrative Services in the same manner as otherstate printing; or

(b)A private printer pursuant to a contract entered into by the Supreme Court withthe printer and not subject to ORS 282.020.

(3)The bound volumes of reports or advance sheets or both may be distributed, asthe Supreme Court shall determine, by:

(a)The State Court Administrator; or

(b)A private distributor pursuant to a contract entered into by the Supreme Courtwith the distributor.

(4)The bound volumes of reports and advance sheets shall be distributed withoutcharge as determined by the Supreme Court or sold by the distributor. Except asotherwise provided in a contract entered into under subsection (3)(b) of thissection, the State Court Administrator shall determine sale prices and allmoneys collected or received from sales shall be paid into the Court PublicationsAccount established by ORS 2.165.

(5)In addition to bound volumes of reports or advance sheets under the provisionsof this section, the Supreme Court may make any of the decisions of courts orother court publications available in electronic format. Access to theelectronic publications may be without charge or subject to such charge as maybe established by the Supreme Court. All moneys collected or received fromsales shall be paid into the Court Publications Account established by ORS 2.165.[Amended by 1961 c.103 §1; 1973 c.781 §2; 1975 c.69 §5; 1979 c.876 §2; 1982s.s.1 c.7 §1; 1987 c.328 §1; 1993 c.98 §10; 1995 c.79 §2; 1997 c.801 §111]

 

2.160 [Amended by1961 c.103 §2; 1971 c.193 §10; 1973 c.781 §3; 1975 c.69 §6; repealed by 1979c.976 §4]

 

2.165Court Publications Account. There is established in the General Fund an accountto be known as the Court Publications Account. All moneys in the account areappropriated continuously to the Supreme Court for the purpose of payingexpenses incurred by the court under ORS 2.150 and for the purpose of payingall or part of the expenses of providing electronic access to State of OregonLaw Library materials and other official Judicial Department publications.Disbursements of moneys from the account shall be approved by the Chief Justiceof the Supreme Court or, as directed by the Chief Justice, the State CourtAdministrator. [1982 s.s.1 c.7 §3; 2001 c.779 §4]

 

2.170 [1967 c.398 §9(1),(2);1971 c.193 §11; 1975 c.69 §7; repealed by 1979 c.976 §4]

 

2.310 [1953 c.34 §1;repealed by 1959 c.552 §16]

 

2.320 [1953 c.34 §4;1955 c.437 §1; repealed by 1959 c.552 §16]

 

2.330 [1953 c.34 §§2,3,7;repealed by 1959 c.552 §16]

 

2.340 [1953 c.34 §5;repealed by 1959 c.552 §16]

 

2.350 [1959 c.552 §2;renumbered 8.060]

 

COURTOF APPEALS

 

2.510Court of Appeals.As part of the judicial branch of state government, there is created a court ofjustice to be known as the Court of Appeals. [1969 c.198 §1; 1969 c.591 §262a;1971 c.567 §1; 1971 c.734 §33; 1975 c.611 §22; 1977 c.158 §4]

 

2.515 [1969 c.198 §77;repealed by 1977 c.158 §5]

 

2.516Jurisdiction of all appeals exclusive; exceptions. Except whereoriginal jurisdiction is conferred on the Supreme Court by the OregonConstitution or by statute and except as provided in ORS 19.405 and 138.255,the Court of Appeals shall have exclusive jurisdiction of all appeals. [1977c.158 §2; 1981 c.550 §5]

 

2.520Procedure for review of decisions of Court of Appeals. Any partyaggrieved by a decision of the Court of Appeals may petition the Supreme Courtfor review within 35 days after the date of the decision, in such manner asprovided by rules of the Supreme Court. [1969 c.198 §2; 1973 c.516 §1; 1983c.774 §2]

 

2.530 [1969 c.198 §3;repealed by 1977 c.158 §5]

 

2.540Number of judges of Court of Appeals; qualifications; term. (1) The Courtof Appeals shall consist of 10 judges.

(2)A judge of the Court of Appeals shall be an elector of the county of theresidence of the judge and be admitted to the practice of law in this state.

(3)Each judge of the Court of Appeals shall hold office for a term of six yearsand until a successor is elected and qualified. [1969 c.198 §4; 1973 c.377 §1;1977 c.451 §1]

 

2.550Chief Judge.(1) The Chief Judge of the Court of Appeals shall be a judge of the courtappointed as provided in ORS 1.003.

(2)The Chief Judge may designate another judge of the court to perform thefunctions of the office of Chief Judge when the Chief Judge is temporarilyunable to perform those functions.

(3)The Chief Judge, to facilitate exercise of administrative authority andsupervision over the court and consistent with applicable provisions of law,may make rules, issue orders and take other action appropriate to thatexercise. [1969 c.198 §5; 1981 s.s. c.1 §7]

 

2.560Rules; where court sits; appellate mediation program. (1) The Courtof Appeals shall sit primarily in Salem, but also may sit in other locationsdesignated under ORS 1.085 (2).

(2)The Court of Appeals may make and enforce all rules necessary for the promptand orderly dispatch of the business of the court, and the remanding of causesto the lower courts, and not inconsistent with applicable rules made or ordersissued by the Chief Justice of the Supreme Court or the Chief Judge of theCourt of Appeals.

(3)The Court of Appeals shall establish an appellate mediation program and makeand enforce all rules necessary for the prompt and orderly dispatch of thebusiness of the program. The parties to the appeal shall pay the fees of amediator providing services under the program, unless those fees are waived ordeferred by the Court of Appeals. [1969 c.198 §7; 1971 c.193 §7; 1973 c.484 §2;1981 s.s. c.1 §20; 1983 c.763 §4; 1997 c.801 §87]

 

2.565Appellate Mediation Program Revolving Account. The AppellateMediation Program Revolving Account is established within the General Fund. TheJudicial Department shall pay into the State Treasury $40 of each filing feepaid by petitioners under the provisions of ORS 21.010, and $24 of each filingfee paid by respondents under the provisions of ORS 21.010. The State Treasurershall deposit the moneys in the General Fund to the credit of the AppellateMediation Program Revolving Account. The moneys in the account are appropriatedcontinuously to the Judicial Department, and may be used only for the purposeof administering the appellate mediation program established under theprovisions of ORS 2.560, including payment of administrative costs and costs ofproviding mediation services to indigent parties. [1997 c.801 §88]

 

2.570Departments of court; sitting in departments or en banc; participation indecision of matter.(1) In hearing and determining causes, the judges of the Court of Appeals maysit together or in departments.

(2)(a)Except as provided in paragraph (b) of this subsection, a department shallconsist of three judges. For convenience of administration, each department maybe numbered. The Chief Judge shall from time to time designate the number ofdepartments and make assignments of the judges among the departments. The ChiefJudge may sit in one or more departments and when so sitting may preside. TheChief Judge shall designate a judge to preside in each department.

(b)The Chief Judge may order that a department consist of two judges unless athird judge is necessary to break a tie vote by the department.

(3)Except as provided in this subsection, the majority of any department shallconsist of regularly elected or appointed judges of the Court of Appeals. Ifdisqualifications, recusals or other events reduce the number of availablejudges to fewer than the necessary number of judges, the Supreme Court mayappoint such number of qualified persons as may be necessary as pro temporemembers of the Court of Appeals.

(4)The Chief Judge shall apportion the business of the court between thedepartments. Each department shall have power to hear and determine causes, andall questions that may arise therein, subject to subsection (5) of thissection. The presence of two judges is necessary to transact business in anydepartment, except such business as may be transacted in chambers by any judge.The concurrence of two judges is necessary to pronounce judgment.

(5)The Chief Judge or a majority of the regularly elected or appointed judges ofthe Court of Appeals at any time may refer a cause to be considered en banc.When sitting en banc, the court may include not more than two judges protempore of the Court of Appeals. When the court sits en banc, the concurrenceof a majority of the judges participating is necessary to pronounce judgment,but if the judges participating are equally divided in their view as to thejudgment to be given, the judgment appealed from shall be affirmed.

(6)The Chief Judge may rule on motions and issue orders in procedural matters inthe Court of Appeals or may delegate the authority to rule on motions and issueorders in procedural matters to an appellate commissioner as provided for inthe court’s rules of appellate procedure.

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

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