ORS Chapter 8 - Oregon Statutes

Chapter 8 — CourtOfficers and District Attorneys

 

2009 EDITION

 

 

COURTOFFICERS AND DISTRICT ATTORNEYS

 

COURTSOF RECORD; COURT OFFICERS; JURIES

 

JUDICIALDEPARTMENT STAFF

 

8.100         Authorityof Judicial Department to require fingerprints

 

STATECOURT ADMINISTRATOR; COURT STAFF

 

8.110         StateCourt Administrator; appointment; term; duties

 

8.120         Dutiesas court administrator for Supreme Court and Court of Appeals; delegation

 

8.125         Dutiesto assist Chief Justice and other courts

 

8.130         Feespayable to State Treasurer

 

8.150         Appointmentand compensation of employees

 

8.155         Bailiffsof higher courts

 

8.160         Administratorand staff not to engage in private practice of law

 

8.170         Statusof court officers and employees

 

TRIALCOURT ADMINISTRATORS AND STAFF

 

8.185         Trialcourt administrator for judicial district

 

8.195         Appointmentof trial court administrators; removal

 

8.225         Dutiesof trial court administrator; delegation; transcript coordinator

 

8.235         Trialcourt administrators as state employees

 

8.245         Trialcourt administrators and other personnel not to engage in private practice oflaw

 

8.255         Agreementbetween state and county to provide services with county employees; payment tocounty; supervision of employees

 

COLLECTIVEBARGAINING

 

8.270         Collectivebargaining rights of court administrators and staff

 

REPORTERSAND REPORTS

 

8.340         Reporter’sduties

 

8.350         Transcriptof testimony

 

8.360         Certifiedreport as prima facie correct; reading as deposition; proceedings wherereporter has ceased to be official reporter

 

CERTIFIEDSHORTHAND REPORTERS

 

8.415         Definitionsfor ORS 8.415 to 8.455

 

8.420         Qualificationsand certification of shorthand reporters

 

8.430         Certificationspeed requirements

 

8.435         Certificateof certified shorthand reporter; prohibition on use of title “certifiedshorthand reporter” unless certified

 

8.440         Groundsfor revocation, suspension or refusal to issue certificate

 

8.445         Fees

 

8.450         Dispositionof fees and other revenues

 

8.455         Advisorycommittee, membership; terms

 

DISTRICTATTORNEYS

 

8.610         Electionand term of office

 

8.620         Filingcertificate of election

 

8.630         Qualifications;general powers and duties

 

8.640         Fillingvacancies in office

 

8.650         Districtattorney as public prosecutor

 

8.660         Attendingcourt and prosecuting offenses

 

8.665         Prosecutingviolations

 

8.670         Proceedingsbefore magistrates and grand jury

 

8.675         Prioritygiven to administration of laws relating to public assistance and enforcementof support

 

8.680         Prosecutingand collecting penalties and forfeitures; prosecuting and defending for state

 

8.685         Assistingjuvenile court; right to appear

 

8.690         Advisingand representing county officers and employees

 

8.700         Registerto be kept

 

8.710         Disqualification;appointment of special district attorney

 

8.720         Receivingprivate fee in criminal action; acting as attorney in civil action involvingsame controversy

 

8.726         Districtattorneys and deputies prohibited from engaging in private practice of law;exception

 

8.730         Partnerprosecuting or defending certain cases

 

8.760         Deputiesmay be authorized and paid by county

 

8.780         Appointmentof deputies; qualifications; duties

 

8.790         Compensationof district attorney and deputies limited to salaries

 

8.830         Additionalcompensation from county for district attorney and deputies paid by state

 

8.850         Offices,supplies and stenographic assistance for district attorneys and deputies

 

8.852         Salaryplan for district attorneys

 

      8.010 [Amended by1953 c.382 §4; 1969 c.198 §36; 1983 c.763 §28; renumbered 8.155]

 

      8.020 [Amended by1965 c.225 §1; 1981 c.126 §1; 1981 s.s.1 c.3 §23; repealed by 1983 c.77 §1]

 

      8.030 [Repealed by1983 c.77 §1]

 

      8.060 [Formerly2.350; 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]

 

JUDICIALDEPARTMENT STAFF

 

      8.100Authority of Judicial Department to require fingerprints. For the purposeof 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 acontractor, vendor or volunteer. [2005 c.730 §51]

 

STATECOURT ADMINISTRATOR; COURT STAFF

 

      8.110State Court Administrator; appointment; term; duties. (1) The officeof State Court Administrator is established.

      (2)The Chief Justice of the Supreme Court shall appoint after conferring with andseeking the advice of the Supreme Court, may remove at pleasure and shall fixthe compensation of the State Court Administrator.

      (3)The State Court Administrator shall perform the duties, powers and functions ofthe office under the supervision and subject to the direction of the ChiefJustice of the Supreme Court. [Amended by 1953 c.382 §4; 1971 c.193 §1; 1981s.s. c.1 §12]

 

      8.120Duties as court administrator for Supreme Court and Court of Appeals;delegation.(1) The State Court Administrator shall, for the Supreme Court and Court ofAppeals:

      (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 anyaction or proceeding in the court.

      (f)Attend the terms of the court, unless excused by the court, and administeroaths.

      (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, andfiled with the administrator.

      (i)In the performance of duties pertaining to the court, conform to the directionof the court.

      (2)The State Court Administrator may delegate powers of the office of State CourtAdministrator to officers and employees of the Judicial Department designatedby 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]

 

      8.125Duties to assist Chief Justice and other courts. The State CourtAdministrator shall, to the extent directed by the Chief Justice of the SupremeCourt:

      (1)Assist the Chief Justice in exercising administrative authority and supervisionunder 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 ofthe courts of this state who are state officers or employees.

      (b)Prescribe the form and content and supervise the preparation of consolidatedbudgets, for submission to the Legislative Assembly, applicable to expendituresmade 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 ofexpenditures made and revenues received by the state in respect to the courtsof this state.

      (d)Establish and maintain inventory records of property of the state in thecustody or control of the courts of this state or any judge, other officer oremployee thereof.

      (3)Conduct a continuing survey of the administrative methods and activities,records, business and facilities of the courts of this state and makerecommendations to the Chief Justice based on the survey.

      (4)Collect and compile statistical and other data relating to the courts of thisstate and municipal courts, including the caseload, workload, performance,status, management, expenses and revenues of those courts, and make reports onthe business and condition of those courts.

      (5)Establish and supervise a statewide public information service concerning thecourts of this state.

      (6)Establish and supervise education programs for judges, other officers andemployees of the courts of this state and municipal courts pertinent to theperformance of the functions of those judges, other officers and employees.

      (7)Provide to the judges, other officers and employees of the courts of thisstate, to attorneys and to the public appropriate assistance services relatingto the administration and management of the courts of this state.

      (8)Prepare and maintain a continuing long-range plan for improvement and futureneeds of the courts of this state.

      (9)Supervise and maintain the law libraries of the judicial department ofgovernment of this state, including the State of Oregon Law Library, andexcluding county law libraries established under ORS 9.820 and 9.840.

      (10)Enter into contracts on behalf of the Judicial Department, including but notlimited to financing agreements entered into pursuant to ORS 283.087.

      (11)Prescribe minimum retention schedules and standards for all records of thestate courts and the administrative offices of the state courts, including butnot 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 retentionschedules and standards prescribed under this subsection conform with policiesand standards established by the State Archivist under ORS 192.105, 357.825 and357.835 (1) for public records valued for legal, administrative or researchpurposes. [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]

 

      8.130Fees payable to State Treasurer. Unless otherwise provided by law, allfees and other moneys collected by the State Court Administrator shall be paidto the State Treasurer promptly, and shall be deposited in the General Fundavailable for general governmental expenses. [Amended by 1971 c.193 §3; 1981s.s. c.1 §16]

 

      8.140 [Amended by1971 c.193 §4; repealed by 1981 s.s. c.1 §25]

 

      8.150Appointment and compensation of employees. The State Court Administrator,with the approval of the Chief Justice of the Supreme Court, may appoint andshall fix the compensation of employees to perform or assist in the performanceof duties, powers and functions of the administrator. [Amended by 1971 c.193 §5;1981 s.s. c.1 §17]

 

      8.155Bailiffs of higher courts. (1) Bailiffs for the Supreme Court and the Court ofAppeals shall be appointed under a personnel plan established by the ChiefJustice of the Supreme Court. The bailiffs shall be executive officers of therespective courts.

      (2)Process in cases of original jurisdiction in the Supreme Court may be executedby the bailiff or any sheriff of the state as directed by the court. [Formerly8.010]

 

      8.160Administrator and staff not to engage in private practice of law. The State CourtAdministrator and employees of the administrator shall not engage in theprivate practice of law. [Amended by 1953 c.382 §4; 1971 c.193 §6; 1981 s.s.c.1 §18]

 

      8.170Status of court officers and employees. Officers and employees of the SupremeCourt, Court of Appeals and Oregon Tax Court, and employees of the State CourtAdministrator, who are appointed under a personnel plan established by theChief Justice of the Supreme Court are state officers or employees in theexempt service and not subject to ORS chapter 240. However, such personnelshall have the right to be dismissed only for just cause after hearing andappeal. [1983 c.763 §27]

 

      8.172 [1995 c.658 §146;repealed by 2001 c.823 §24 (1.204 enacted in lieu of 8.172)]

 

TRIALCOURT ADMINISTRATORS AND STAFF

 

      8.185Trial court administrator for judicial district. Unlessotherwise ordered by the Chief Justice of the Supreme Court, there shall be atrial court administrator for each judicial district des