justicedao/ipfs_state_laws huggingface dataset:
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.260. Powers of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit courts; where powers may be exercised. The judges of the Supreme Court, the Court of Appeals, the Oregon Tax Court and the circuit courts have power in any part of the state: (1) To take and certify: (a) The proof and acknowledgment of a conveyance of real property, or any other written instrument authorized or required to be proved or acknowledged. (b) The acknowledgment of satisfaction of a judgment in any court. (c) An affidavit or deposition to be used in any court of justice or other tribunal of this state. (2) To exercise any other power and perform any other duty conferred or imposed upon them by statute.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.270. Powers of other judicial officers; where powers may be exercised. Every other judicial officer may, within the county, city, district or precinct in which the judicial officer is chosen: (1) Exercise the powers mentioned in ORS 1.260 (1). (2) Exercise any other power and perform any other duty conferred or imposed upon the judicial officer by statute.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.290. Leaves of absence. (1) As used in this section, unless the context requires otherwise, judge means any judge of the Supreme Court, the Court of Appeals, the Oregon Tax Court or any circuit court, but does not include any person appointed by the Supreme Court as judge pro tempore of any of those courts who does not hold the elective office of judge of any of those courts. (2) Upon receipt of the written application of any judge, the Supreme Court may grant the judge a leave of absence without salary for a period of not more than one year. The Supreme Court may grant a leave of absence only if the court is satisfied that the administration of justice in Oregon will be enhanced by granting the leave. Application for a leave of absence is considered a waiver of salary by the applicant for the period of time the applicant is absent under the leave granted by the court. (3) A leave of absence shall be granted by order of the Supreme Court. The order shall state the maximum period of time for which the leave is granted. Promptly after the granting of the leave, the State Court Administrator shall cause a certified copy of the order granting the leave to be sent to the Secretary of State and the Public Employees Retirement Board. (4) At the termination of leave of absence under this section, unless the judge sooner dies or resigns, a judge shall resume the duties of office and cause written notice of the resumption to be sent to the Supreme Court, the Secretary of State and the Public Employees Retirement Board. The resumption and sending notice thereof constitutes a termination of the leave whether or not the full maximum period of time granted has expired. (5) Absence on leave by a judge under this section does not create a vacancy in the office to which the judge was elected or appointed, nor is the judge subject to removal as a consequence thereof. (6) Absence on leave under this section by a judge who is a member of the Public Employees Retirement System under ORS chapter 238 does not break the continuity of the membership of the judge in the system.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.305. Commencement of judicial term of office. The term of office of a judge of the Supreme Court, the Court of Appeals, the Oregon Tax Court, or of any circuit court shall begin on the first Monday in January following the election of the judge. [1979 c.451 7] INVOLUNTARY RETIREMENT OF JUDGES
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.320. [Amended by 1955 c.496 1; repealed by 1959 c.551 1 (1.314, 1.318, 1.322 and 1.326 enacted in lieu of 1.320)]
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.328. [1959 c.551 10,11; repealed by 1961 c.568 5]
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.370. [Repealed by 1963 c.464 10]
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.380. [Amended by 1963 c.464 9; subsection (7) enacted as 1969 c.332 11; subsection (8) enacted as 1969 c.332 17; repealed by 1991 c.815 21]
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.390. [1969 c.332 10; repealed by 1991 c.815 21] COMMISSION ON JUDICIAL FITNESS AND DISABILITY
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.410. Commission on Judicial Fitness and Disability; term; Senate confirmation. (1) There is created the Commission on Judicial Fitness and Disability consisting of: (a) Three judges appointed by the Supreme Court; (b) Three persons appointed by the Board of Governors of the Oregon State Bar from among persons admitted to practice law in this state; and (c) Three persons appointed by the Governor who are not qualified under either paragraph (a) or (b) of this subsection. (2) The term of a member is four years, but whenever a member ceases to meet the qualifications under which the member was appointed, membership shall end. Before the expiration of the term of a member, a successor shall be appointed to perform the functions of a member on the day next following expiration of the term of the member. In case of a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for a four-year term. (3) Appointments by the Governor are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.415. Powers and duties of commission; rules. (1) The Commission on Judicial Fitness and Disability may: (a) Subject to the State Personnel Relations Law, appoint such subordinates and employees as the commission considers necessary to carry out the duties and powers vested in the commission. (b) Request the assistance of and compensate physicians, expert witnesses and special counsel. (c) By its chairperson or vice chairperson, take and preserve testimony and administer oaths to witnesses on any matter within its jurisdiction. (2) Upon majority vote of the members of the commission or upon request of a judge whose conduct is subject to a hearing under ORS 1.420 or a judge whose alleged disability is subject to a hearing under ORS 1.425, the chairperson or vice chairperson of the commission shall issue any processes necessary to compel the attendance of witnesses and the production of any books, papers, records or documents as may be required. (3) The commission shall adopt rules of procedure governing proceedings under ORS
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.420. Investigation; hearings; consent to discipline; recommendation; temporary suspension. (1) Upon complaint from any person concerning the conduct of a judge or upon request of the Supreme Court, and after such investigation as the Commission on Judicial Fitness and Disability considers necessary, the commission may do any of the following: (a) The commission may hold a hearing pursuant to subsection (3) of this section to inquire into the conduct of the judge. (b) The commission may request the Supreme Court to appoint three qualified persons to act as masters, to hold a hearing pursuant to subsection (3) of this section and maintain a record on the matter referred to them and to report to the commission on the conduct of the judge. (c) The commission may allow the judge to execute a consent to censure, suspension or removal. If a consent is entered into under this paragraph, the judge and the commission must enter into a written stipulation of facts. The consent and stipulation of facts shall be submitted by the commission to the Supreme Court. (2) If the commission receives a complaint that appears to indicate that a judge has a disability as defined in ORS 1.303, the commission may refer the complaint to the Chief Justice of the Supreme Court for appropriate proceedings under ORS 1.303. (3) When a hearing is held by the commission or by masters as authorized in subsection (1) of this section, the hearing shall be public and all the testimony and evidence given and received in the hearing shall be public records. The judge shall have the right to be present at such hearing, to be represented by counsel, to present testimony and evidence and to cross-examine witnesses. (4) If, after hearing or after considering the record and report of the masters, the commission finds that the conduct of the judge justifies censure, suspension or removal from office, the commission shall recommend to the Supreme Court the censure or suspension or removal of the judge. (5) The Supreme Court by order may temporarily suspend a judge whose conduct is the subject of proceedings under this section from exercising any judicial functions during the pendency of those proceedings.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.430. Supreme Court review; censure; order of suspension or removal. (1) If a hearing has been held under ORS 1.420, the Supreme Court shall review the record of the proceedings on the law and facts and may receive additional evidence. The Supreme Court may censure the judge or it may order the judge suspended or removed from office. (2) If the commission has agreed to allow the judge to submit a consent to censure, suspension or removal, the Supreme Court shall review the stipulation of facts and the disciplinary action to which the judge has consented. If the Supreme Court approves the consent, the court shall censure the judge or order the judge suspended or removed from office pursuant to the terms of the consent. If the Supreme Court rejects the consent and stipulation in full, the court shall remand the matter to the commission for a hearing under ORS 1.420. The hearing shall be conducted as though the consent and stipulation had never been entered into, and the stipulations made by the judge may not be considered as evidence by the commission in the hearing. If the Supreme Court accepts the stipulation of facts but rejects the disciplinary action agreed to by the judge and the commission, the court may remand the matter to the commission for such further fact-finding as the court may direct on the issue of the appropriate discipline for the conduct, and may request that the matter be briefed and argued before the court. The Supreme Court may thereafter censure the judge, or enter an order suspending or removing the judge, as the court finds appropriate under the law and the facts. (3) Upon an order for removal, the judge shall be removed from office and the salary of the judge shall cease and the office of the judge is vacant on the date of such order. (4) Upon an order of suspension, the judge shall be suspended from office for the period specified in the order and the salary of the judge shall cease, if so ordered, from the date of the order until the end of the specified period. Suspension does not create a vacancy in the office of judge during the period of suspension.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.440. Status of records of proceedings under ORS 1.420 or 1.425. (1) Documents filed with the Commission on Judicial Fitness and Disability and the investigation conducted by the commission prior to a hearing pursuant to ORS 1.420 or 1.425 shall not be public records unless received as competent evidence in the course of a hearing pursuant to ORS 1.420. The decision of the commission after hearing or upon review of the record and report of masters under ORS 1.420 shall be a public record, together with the recommendations, if any, of the commission to the Supreme Court. The decision of the commission after hearing or upon review of the record and report of masters under ORS 1.425 shall not be a public record, except for a decision and recommendation to the Supreme Court under ORS 1.425 (4)(b). A consent to censure, suspension or removal executed by a judge under ORS 1.420 (1)(c), and a stipulation of facts entered into between the commission and a judge under ORS 1.420 (1)(c), shall not be a public record until the consent and stipulation are submitted to the Supreme Court. (2) Documents filed and testimony given in proceedings under ORS 1.420 or 1.425 are privileged communications which may not be received in evidence in any judicial proceedings other than those directly connected with the administration of ORS
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.450. Status of testimony in proceedings under ORS 1.420 or 1.425. Any testimony given by a witness compelled to appear before the Commission on Judicial Fitness and Disability or the masters appointed pursuant to ORS 1.420 or 1.425 shall not be used against the witness in any criminal action or proceeding, nor shall any criminal action or proceeding be brought against such witness on account of any testimony so given by the witness, except for perjury or false swearing committed before the commission or the masters.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.460. Judge not to participate in proceedings involving self except in defense. A judge who is a member of the Commission on Judicial Fitness and Disability or of the Supreme Court or who acts as a master under ORS 1.420 or 1.425 shall not participate in any proceedings involving the conduct or alleged disability of the judge except in the defense of the judge.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.470. Service of process; proof; return; witness fees. (1) Process issued by the commission or by the chairperson and vice chairperson of the commission shall be served by a person authorized to serve summons and in the manner prescribed for the service of a summons upon a defendant in a civil action in a circuit court. The process shall be returned to the authority issuing it within 10 days after its delivery to the person for service, with proof of service as for summons or that the person cannot be found. When served outside the county in which the process originated, the process may be returned by mail. The person to whom the process is delivered shall indorse thereon the date of delivery. (2) Each witness compelled to attend any proceedings under ORS 1.420 or 1.425, other than an officer or employee of the state, a public corporation, or a political subdivision, shall receive for attendance the same fees and mileage allowance allowed by law to a witness in a civil case, payable from funds appropriated to the commission.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.475. Procedure when process not obeyed. (1) Whenever a person summoned by the Commission on Judicial Fitness and Disability fails to appear to testify or fails to produce any books, papers, records or documents as required, or whenever any person so summoned refuses to answer any question pertinent to the subject under inquiry before the commission, or the masters appointed pursuant to ORS 1.420 or 1.425, the commission may apply to the circuit court for the county in which the failure occurred for an order to the person to attend and testify, or otherwise to comply with the demand or request of the commission or the masters. (2) The application to the court shall be by ex parte motion upon which the court shall make an order requiring the person against whom it is directed to comply with the demand or request of the commission within three days after service of the order, or within such further time as the court may grant, or to justify the failure within that time. (3) The order shall be served upon the person to whom it is directed in the manner required by this state for the service of process, which service is required to confer jurisdiction upon the court. Failure to obey an order issued by the court under this section is contempt of court.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.480. Officers; quorum; compensation and expenses. (1) The Commission on Judicial Fitness and Disability shall select one of its members as chairperson, and another as vice chairperson, for such terms and to perform such functions as the commission shall determine. (2) A majority of the commission constitutes a quorum for the transaction of business. Every recommendation on matters relating to the removal of a judge to the Supreme Court must be concurred in by a majority of the members of the commission. (3) A member of the Commission on Judicial Fitness and Disability is entitled to compensation and expenses as provided in ORS 292.495.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.520. [Formerly 484.410; 1971 c.404 4; 1973 c.374 2; 1977 c.132 7; 1981 c.692 4; 1981 s.s. c.3 4; 1985 c.396 5; 1985 c.725 8a; 1993 c.531 3; 1995 c.383 120; 1995 c.545 1a; 1995 c.781 52; repealed by 1999 c.1051 74] CITATION AND PETITION FORMS
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.525. Uniform citation and petition forms for certain offenses. (1) The Supreme Court shall adopt one or more forms for the following purposes: (a) A form of uniform violation citation for the purposes of ORS 153.045; (b) A form of uniform criminal citation without complaint for the purposes of ORS 133.068; (c) A form of uniform criminal citation with complaint for the purposes of ORS 133.069; (d) Any form of uniform citation for categories of offenses as the court finds necessary or convenient; and (e) A uniform petition for a driving while under the influence of intoxicants diversion agreement for the purposes of ORS 813.210. (2) If changes are made to a uniform citation form under this section, the Supreme Court shall make a reasonable effort to minimize the financial impact of the changes on the state agencies and political subdivisions of this state that use the uniform citation form. Where possible, the effort to minimize the financial impact shall include a reasonable time for the state agencies and political subdivisions to exhaust their existing supplies of the citation form before the changes become effective. (3) Except as provided in subsection (4) of this section, the uniform citation forms adopted by the Supreme Court under this section must be used by all enforcement officers, as defined in ORS 153.005, when issuing a violation citation or criminal citation. (4) The uniform citation forms adopted by the Supreme Court under this section need not be used for: (a) Offenses created by ordinance or agency rule governing parking of vehicles; or (b) Offenses created by the ordinances of political subdivisions.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.530. [Formerly 484.430; repealed by 1973 c.43 2] REPRESENTATION OF JUDGES BY PRIVATE COUNSEL
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.550. Private counsel for judges. Whenever, pursuant to ORS chapter 180, the Attorney General is requested to represent a judge of the Supreme Court, Court of Appeals, Oregon Tax Court or circuit court and declines to do so, the judge may, subject to the provisions of ORS 30.260 to 30.300 and 30.310 to 30.400, employ private counsel as provided under ORS 1.560.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.560. Procedure for employment of private counsel; terms and conditions. In any case in which the judge desires the appointment of private counsel, the judge shall so notify the State Court Administrator. The State Court Administrator, under the direction of the Supreme Court, may authorize the judge to employ private counsel under the following circumstances: (1) When the judge is a defendant in an action, suit or proceeding and there is no other party directly interested in the outcome of the action, suit or proceeding who should fairly bear the cost of representation; (2) When the judge is a defendant in an action, suit or proceeding and the State Court Administrator concludes that no party interested in the outcome of the action, suit or proceeding will provide adequate representation for the judge; or (3) In any action, suit or proceeding, when the State Court Administrator finds that employing private counsel is necessary to protect the public interest, the integrity of the judicial system, or the interests of the judge in performing duties as a state officer.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.570. Claims for compensation of private counsel; approval by State Court Administrator. If private counsel is employed under ORS 1.560, such counsel shall submit to the State Court Administrator a verified and detailed claim for compensation, which claim shall include a statement of reimbursable expense incurred and the amount of time devoted to the matter on behalf of the judge. The State Court Administrator, under the direction of the Supreme Court, shall examine the claim and shall approve payment thereof in a reasonable amount. [1977 c.79 4] JUDGES PRO TEMPORE
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.600. Appointment pro tempore to Supreme Court or Court of Appeals; powers and duties. (1) The Supreme Court may appoint any regularly elected and qualified, or appointed and qualified, judge of the Court of Appeals, Oregon Tax Court or circuit court to serve as judge pro tempore of the Supreme Court, or any regularly elected and qualified, or appointed and qualified, judge of the Supreme Court, Oregon Tax Court or circuit court to serve as judge pro tempore of the Court of Appeals, whenever the Supreme Court determines that the appointment is reasonably necessary and will promote the more efficient administration of justice. (2) An appointment under this section shall be made by order of the Supreme Court. The order shall designate the court to which the judge is appointed and the duration of the appointment. The Supreme Court shall cause a certified copy of the order to be sent to the judge appointed and another certified copy to be filed in the records of the court to which the judge is appointed. (3) Each judge serving as judge pro tempore as provided in this section has all the judicial powers and duties, while so serving, of a regularly elected and qualified judge of the court to which the judge is appointed. However, a judge pro tempore shall not participate in the review of any case in which the judge pro tempore participated while serving on a lower court. Every decision, order or determination made by the Supreme Court or Court of Appeals while one or more judges pro tempore are serving as judges of the court shall be as binding and effective in every respect as if all of the judges participating were regularly elected and qualified judges of the court.
ORS Chapter 1 — Courts and Judicial Officers

ORS 1.605. Compensation and expenses for judges under ORS 1.600. (1) A judge of the Supreme Court serving as judge pro tempore of the Court of Appeals as provided in ORS 1.600 shall receive the regular salary and expenses of a judge of the Supreme Court, including reimbursement for hotel bills and traveling expenses necessarily incurred by the judge pro tempore in the performance of duties as judge pro tempore. (2) A judge of the Court of Appeals serving as judge pro tempore of the Supreme Court or a judge of the Oregon Tax Court or circuit court serving as judge pro tempore of the Supreme Court or Court of Appeals as provided in ORS 1.600 shall receive during the period of service as judge pro tempore, in addition to regular salary and expenses, the following compensation and expenses: (a) An amount equal to the salary for the period of a regularly elected and qualified judge of the court to which the judge is appointed diminished by the amount received by the judge for the period in payment of regular salary as a judge; and (b) If the judge is required to travel outside the county where the court of the judge is located, reimbursement for hotel bills and traveling expenses necessarily incurred by the judge in the performance of duties as judge pro tempore. (3) The additional compensation and expenses payable under this section shall be paid by the state upon an itemized statement of the compensation and expenses, certified by the judge pro tempore that the services were performed and the expenses were necessarily and actually incurred.