Chapter 3 — CircuitCourts Generally

 

2009 EDITION

 

 

CIRCUITCOURTS GENERALLY

 

COURTSOF RECORD; COURT OFFICERS; JURIES

 

JUDICIALDISTRICTS, JUDGES AND JURISDICTION

 

3.012 Judicialdistricts

 

3.013 Stateas single judicial district

 

3.014 Specialprovisions for fourth judicial district (Multnomah County)

 

3.016 Specialprovisions for sixth judicial district (Morrow and Umatilla Counties)

 

3.030 Electionof circuit judges

 

3.041 Qualificationsof circuit judges; residence

 

3.050 Circuitjudges to be members of bar

 

3.060 Salaryof judges; expenses

 

3.070 Powersof judges in chambers; filing and entering of decisions not signed in opencourt

 

3.075 Powersof judges to act in joint or separate session; testing process

 

3.130 Transferof judicial jurisdiction of certain county courts to circuit courts

 

3.132 Concurrentjurisdiction with justice and municipal courts

 

3.134 Applicationof state statutes to municipal ordinance

 

3.136 Jurisdictionover violations of Portland charter and ordinances; disposition of moneys;hearings officers

 

3.185 Habeascorpus hearings by Circuit Court for Marion County

 

3.220 Rules;procedure when judges disagree

 

3.225 Establishingspecialized subject-matter departments; approval by Chief Justice; eligibilityand assignment of judges

 

CIRCUITCOURT TERMS

 

3.232 Typesof terms

 

3.235 Regularterms; minimum number required in certain districts

 

3.238 Poweror duty to call special terms; procedure

 

JURISDICTIONOVER JUVENILE AND FAMILY-RELATED MATTERS

 

3.250 Definitionsfor ORS 3.250 to 3.280

 

3.255 Policyand intent

 

3.260 Juvenilejurisdiction vested in circuit courts; authority for transfer of jurisdictionover family-related matters to circuit courts

 

3.265 Limitson transfer of juvenile jurisdiction

 

3.270 Transferof juvenile jurisdiction and jurisdiction over family-related matters tocircuit courts

 

3.275 Procedurefor transfer of jurisdiction over certain family-related matters

 

3.280 Courtservices for circuit courts

 

PANELOF REFERENCE JUDGES

 

3.300 Establishmentand termination of panel for disposition of civil actions in circuit court;eligibility for panel; limitation on powers

 

3.305 Requestfor referral of action to reference judge; selection of reference judge;revocation of referral

 

3.311 Deliveryof order to reference judge; notice of time and place of trial; procedure;witnesses

 

3.315 Proposedreport of reference judge; objections; final report; filings with clerk; entryof report as judgment of court

 

3.321 Compensationof reference judge; payment procedure

 

FAMILYLAW

 

(FamilyCourt Departments)

 

3.405 Applicationto establish family court department; assignment of judges; authority of judges

 

3.408 Mattersassignable to family court department

 

3.412 Chieffamily court judge

 

3.414 Assignmentof matters relating to same child

 

3.417 Coordinationof services

 

3.420 Abolishmentof family court department

 

3.423 Familycourt department rules

 

3.425 Familylaw education programs

 

(FamilyLaw Facilitation Programs)

 

3.428 Familylaw facilitation programs

 

(FamilyCourt Advocate Programs)

 

3.430 Familycourt advocate programs; goals; duties

 

3.432 Judicialeducation program on establishment and management of family court departments

 

(Coordinationof Services to Families in Family Law Cases)

 

3.434 Adoptionof coordination plan for services; local family law advisory committees; plancontents

 

3.436 Appointmentof statewide family law advisory committee

 

3.438 Dutiesof State Court Administrator

 

3.440 FamilyLaw Account

 

DRUGCOURT PROGRAMS

 

3.450 Drugcourt programs; fees; records

 

3.010 [Amended by1957 c.713 §3; repealed by 1961 c.724 §34]

 

JUDICIALDISTRICTS, JUDGES AND JURISDICTION

 

3.011 [1961 c.724 §1;1963 c.491 §1; 1965 c.510 §1; 1965 c.618 §1; 1967 c.532 §1; 1967 c.533 §1; 1969c.370 §1; 1971 c.640 §1; 1971 c.777 §1; 1973 c.572 §1; 1975 c.629 §1; 1977c.386 §1; 1979 c.568 §14; 1981 c.215 §2; 1981 c.759 §1; 1985 c.65 §1; 1985c.274 §1; 1985 c.311 §1; 1987 c.359 §1; 1989 c.1021 §1; 1991 c.298 §1; 1995c.658 §§6,142,143a,144; repealed by 1997 c.801 §1 (3.012 enacted in lieu of3.011)]

 

3.012Judicial districts.(1) The judicial districts, the counties constituting the judicial districtsand the number of circuit court judges for each judicial district are asfollows:

(a)The first judicial district consists of Jackson County and has nine judges.

(b)The second judicial district consists of Lane County and has 15 judges.

(c)The third judicial district consists of Marion County and has 14 judges.

(d)The fourth judicial district consists of Multnomah County and has 38 judges.

(e)The fifth judicial district consists of Clackamas County and has 11 judges.

(f)The sixth judicial district consists of the counties of Morrow and Umatilla andhas five judges.

(g)The seventh judicial district consists of the counties of Gilliam, Hood River,Sherman, Wasco and Wheeler and has four judges.

(h)The eighth judicial district consists of Baker County and has one judge.

(i)The ninth judicial district consists of Malheur County and has two judges.

(j)The tenth judicial district consists of the counties of Union and Wallowa andhas two judges.

(k)The eleventh judicial district consists of Deschutes County and has sevenjudges.

(L)The twelfth judicial district consists of Polk County and has three judges.

(m)The thirteenth judicial district consists of Klamath County and has fivejudges.

(n)The fourteenth judicial district consists of Josephine County and has fourjudges.

(o)The fifteenth judicial district consists of the counties of Coos and Curry andhas six judges.

(p)The sixteenth judicial district consists of Douglas County and has five judges.

(q)The seventeenth judicial district consists of Lincoln County and has threejudges.

(r)The eighteenth judicial district consists of Clatsop County and has three judges.

(s)The nineteenth judicial district consists of Columbia County and has threejudges.

(t)The twentieth judicial district consists of Washington County and has 14judges.

(u)The twenty-first judicial district consists of Benton County and has threejudges.

(v)The twenty-second judicial district consists of the counties of Crook andJefferson and has three judges.

(w)The twenty-third judicial district consists of Linn County and has five judges.

(x)The twenty-fourth judicial district consists of the counties of Grant andHarney and has one judge.

(y)The twenty-fifth judicial district consists of Yamhill County and has fourjudges.

(z)The twenty-sixth judicial district consists of Lake County and has one judge.

(aa)The twenty-seventh judicial district consists of Tillamook County and has twojudges.

(2)The Secretary of State shall designate position numbers equal to the number ofjudges in each of the judicial districts established by this section. Thepositions shall reflect any qualifications established by ORS 3.041. [1997c.801 §2 (enacted in lieu of 3.011); 1997 c.801 §2a; 2001 c.779 §1; 2001 c.823 §1;2005 c.800 §1]

 

3.013State as single judicial district. For the purposes of 15 U.S.C. 1692i,the state shall be considered a single judicial district. [1997 c.340 §7]

 

3.014Special provisions for fourth judicial district (Multnomah County). (1) One of thejudges of the fourth judicial district shall hold court in the City of Gresham,Multnomah County, as directed by the Chief Justice of the Supreme Court but inno event less than one day a week. All proceedings resulting from alleged statetraffic offenses or misdemeanors occurring east of 122nd Avenue extended to thenorth and south boundaries of Multnomah County shall be conducted in the courtin Gresham unless the accused at first appearance in each action requests trialin Portland.

(2)A proceeding to be conducted in Gresham as provided in subsection (1) of thissection shall be transferred without further order of the court to a courtfacility in Portland for all purposes if:

(a)The accused person is in the custody of a county sheriff or the Department ofCorrections at the time set for any scheduled proceeding; or

(b)A circuit court in the fourth judicial district issues a bench warrant or awarrant of arrest against the accused for any criminal action pending beforethe court.

(3)Multnomah County shall provide facilities in the City of Gresham for a courtjudge to hold court as described under subsection (1) of this section. [Formerly46.010; 2005 c.275 §1]

 

3.015 [1961 c.724 §32;repealed by 1965 c.510 §24 and 1965 c.618 §11]

 

3.016Special provisions for sixth judicial district (Morrow and Umatilla Counties). In the sixthjudicial district, the judges of the district shall hold court in Pendleton,Hermiston, Milton-Freewater and Heppner as required by caseload. [1995 c.658 §6c;2005 c.800 §2]

 

3.020 [Amended by1955 c.677 §2; 1957 c.665 §2; 1957 c.713 §4; repealed by 1959 c.557 §1 (3.022enacted in lieu of 3.020)]

 

3.021 [1953 c.52 §§1,2,3;repealed by 1955 c.677 §6]

 

3.022 [1959 c.557 §2(enacted in lieu of 3.020); repealed by 1961 c.724 §34]

 

3.030Election of circuit judges. Each circuit judge shall hold office for the termfor which the circuit judge was elected; and at the general election or, ifapplicable, at the election specified in ORS 249.088 next prior to theexpiration of the term of office there shall be elected a circuit judge tosucceed the circuit judge. [Amended by 1991 c.719 §1]

 

3.040 [Amended by 1955c.677 §3; 1957 c.665 §4; 1957 c.713 §5; repealed by 1961 c.724 §34]

 

3.041Qualifications of circuit judges; residence. (1) Each judge of the circuitcourt shall be a citizen of the United States and a resident of this state.

(2)Each judge of the circuit court shall be a resident of or have principal officein the judicial district for which the judge is elected or appointed, exceptthat in any judicial district having a population of 500,000 or more, accordingto the latest federal decennial census, any judge of the circuit court mayreside within 10 miles of the boundary of the judicial district.

(3)In the seventh judicial district, two of the judges of the circuit court shallbe residents of or have principal offices in Wasco County, Sherman County,Gilliam County or Wheeler County and two shall be residents of or haveprincipal offices in Hood River County, Sherman County, Gilliam County orWheeler County.

(4)In the fifteenth judicial district, four of the judges of the circuit courtshall be residents of or have principal offices in Coos County and two shall beresidents of or have principal offices in Curry County.

(5)The residence within this state required by subsection (1) of this sectionshall have been maintained for at least three years, and the residence orprincipal office required by subsections (2) to (4) of this section shall havebeen maintained for at least one year, immediately prior to appointment orbecoming a candidate for election to the office of circuit court judge. [1961 c.724§2; 1963 c.491 §6; 1965 c.510 §2; 1965 c.618 §4; 1967 c.532 §3; 1967 c.533 §7;1971 c.777 §2; 1973 c.572 §2; 1977 c.386 §4; 1979 c.568 §15; 1981 c.759 §8;1985 c.65 §2; 1985 c.311 §3; 1995 c.79 §3; 1995 c.658 §6a; 1997 c.801 §6; 2001c.779 §2]

 

3.050Circuit judges to be members of bar. No person is eligible to the office ofjudge of the circuit court unless the person is a member of the Oregon StateBar. [Amended by 1961 c.724 §3]

 

3.060Salary of judges; expenses. Each of the judges of the circuit court shallreceive such salary as is provided by law. When any judicial district iscomposed of more than one county a judge thereof is entitled to reimbursementfor hotel bills and traveling expenses necessarily incurred by the judge in theperformance of duties outside the county of residence. When any circuit judgeholds court in any county outside of the judicial district for which thecircuit judge was elected or appointed, hotel bills and traveling expensesnecessarily incurred by the judge in the performance of that duty shall be paidby the state. Such hotel bills and traveling expenses are to be paid by thestate upon the certificate of the judge to the truth of an itemized statementof such hotel bills and traveling expenses. The certificate of expenses is asufficient voucher upon which the Oregon Department of Administrative Servic