Chapter 779 Oregon Laws 2001

AN ACT

HB 2335

Relating to courts; creating new provisions; amending ORS 2.165, 3.012, 3.041, 3.436, 8.125, 9.780, 10.061, 10.215, 33.420, 113.095, 136.005, 177.080, 221.710 and 357.203; repealing ORS 18.425; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

NEW TWENTY-SEVENTH

JUDICIAL DISTRICT

SECTION 1. ORS 3.012 is amended to read:

3.012. (1) The judicial districts, the counties constituting the judicial districts and the number of circuit court judges for each judicial district are as follows:

(a) The first judicial district consists of Jackson County and has seven 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 13 judges.

(d) The fourth judicial district consists of Multnomah County and has 37 judges.

(e) The fifth judicial district consists of Clackamas County and has 10 judges.

(f) The sixth judicial district consists of the counties of Morrow and Umatilla and has four 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 and has two judges.

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

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

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

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

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

(r) The eighteenth judicial district consists of [the counties of] Clatsop [and Tillamook] County and has [four] two judges.

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

(t) The twentieth judicial district consists of Washington County and has 13 judges.

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

(v) The twenty-second judicial district consists of the counties of Crook and Jefferson 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 and Harney and has one judge.

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

(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 two judges.

(2) The Secretary of State shall designate position numbers equal to the number of judges in each of the judicial districts established by this section. The positions shall reflect any qualifications established by ORS 3.041.

SECTION 2. ORS 3.041 is amended to read:

3.041. (1) Each judge of the circuit court 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 office in the judicial district for which the judge is elected or appointed, except that in any judicial district having a population of 500,000 or more, according to the latest federal decennial census, any judge of the circuit court may reside within 10 miles of the boundary of the judicial district.

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

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

[(5) In the eighteenth judicial district, two of the judges of the circuit court shall be residents of or have principal offices in Clatsop County and two shall be residents of or have principal offices in Tillamook County.]

[(6)] (5) The residence within this state required by subsection (1) of this section shall have been maintained for at least three years, and the residence or principal office required by subsections (2) to [(5)] (4) of this section shall have been maintained for at least one year, immediately prior to appointment or becoming a candidate for election to the office of circuit court judge.

SECTION 3. The amendments to ORS 3.012 and 3.041 by sections 1 and 2 of this 2001 Act become operative on January 1, 2002. On January 1, 2002, the circuit court judges that were residents of or had principal offices in Tillamook County as required under ORS 3.041 (5) (1999 Edition) shall become judges of the twenty-seventh judicial district created under the amendments to ORS 3.012 by section 1 of this 2001 Act. The circuit court judges that were residents of or had principal offices in Clatsop County as required under ORS 3.041 (5) (1999 Edition) shall remain judges of the eighteenth judicial district on and after January 1, 2002.

STATE OF OREGON LAW LIBRARY

SECTION 4. ORS 2.165 is amended to read:

2.165. There is established in the General Fund an account to be known as the Court Publications Account. All moneys in the account are appropriated continuously to the Supreme Court for the purpose of paying expenses incurred by the court under ORS 2.150 and for the purpose of paying all or part of the expenses of providing electronic access to State of Oregon Law Library materials and other official Judicial Department publications. Disbursements of moneys from the account shall be approved by the Chief Justice of the Supreme Court or, as directed by the Chief Justice, the State Court Administrator.

SECTION 5. ORS 8.125 is amended to read:

8.125. 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 [Supreme Court] State of Oregon Law Library, and excluding county law libraries established under ORS 9.820 and 9.840.

(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.

SECTION 6. ORS 9.780 is amended to read:

9.780. The State Court Administrator may send, free of charge, one copy of the codes, session laws and Supreme Court, Court of Appeals and Oregon Tax Court reports of this state as the same may be published, to each state and foreign country that exchanges, free of charge, its codes, session laws and equivalent reports with this state. All legal books and publications received in exchange by the state shall be added to the collection of the [Supreme Court] State of Oregon Law Library.

SECTION 7. ORS 177.080 is amended to read:

177.080. The Secretary of State shall cause the Acts of the Congress of the United States, and of the several states, which may be received at the office of the Secretary of State, to be deposited in the [Supreme Court] State of Oregon Law Library.

SECTION 8. ORS 221.710 is amended to read:

221.710. (1) All incorporated cities shall file with the Librarian of the [Supreme Court] State of Oregon Law Library a duly certified copy of the charter and all amendments thereto of the city. All charters and amendments thereto adopted through initiative process by the electors of any such city and which may be superseded by other charters or amendments thereto may by such authority be also filed in the same manner. When so filed all courts of the state shall take judicial notice thereof and the same may be referred to and pleaded as a public statute of the state. Future amendments shall be filed in like manner and with like effect.

(2) The Librarian of the [Supreme Court] State of Oregon Law Library shall furnish, over the signature of the librarian, a certified copy of any document required by subsection (1) of this section to be filed with the librarian. The librarian shall collect at the rate of 25 cents per folio of 100 words therefor. All fees so collected shall be remitted by said librarian to the State Treasurer at the end of every calendar month, who shall deposit the same in the General Fund.

SECTION 9. ORS 357.203 is amended to read:

357.203. (1) The State Library and [Supreme Court] State of Oregon Law Library operating budget for services to state agencies shall be assessed against all state agencies except the State System of Higher Education. The state library assessment shall be apportioned among the agencies on the basis of the number of full-time equivalent employees budgeted by the agency. Except as provided in subsection (3) of this section, the Oregon Department of Administrative Services shall cause the amount assessed to be transferred from the moneys appropriated to each state agency to the Miscellaneous Receipts Account for the State Library.

(2) Subject to the provisions of subsection (4) of this section, the department shall determine and may at any time redetermine which state funds or appropriations shall be assessed a reasonable share of State Library and [Supreme Court] State of Oregon Law Library operating expenses that support state agencies. In determining or redetermining the funds that shall be so assessed:

(a) A fund consisting of moneys the use of which is restricted by the Oregon Constitution shall be assessed only those governmental service expenses ascertained as being necessarily incurred in connection with the purposes set forth in the Oregon Constitution.

(b) Trust funds shall be assessed only those governmental service expenses ascertained as being necessarily incurred in connection with the purposes for which the trust fund was established.

(c) State agencies shall be assessed only the State Library and [Supreme Court] State of Oregon Law Library expenditures that support state agencies.

(3) The Oregon Department of Administrative Services shall cause the amount assessed against state agencies for the operating budget of the [Supreme Court] State of Oregon Law Library to be transferred to the Judicial Department. Moneys transferred under this subsection are continuously appropriated to the Judicial Department and may be used only for the costs of operating the [Supreme Court] State of Oregon Law Library.

(4) Unless the Oregon Department of Administrative Services and the Judicial Department agree to a different methodology and formula, the Oregon Department of Administrative Services shall apply the methodology and formula used by the Oregon Department of Administrative Services in determining the amounts to be assessed to state agencies for the operating expenses of the State Library in determining the amounts to be assessed to state agencies for the operating expenses of the [Supreme Court] State of Oregon Law Library. Usage figures for the [Supreme Court] State of Oregon Law Library shall be based on data provided by the Judicial Department.

(5) As used in this section, “state library assessment” means an assessment to state agencies of the State Library and [Supreme Court] State of Oregon Law Library expenses that are attributable to the support of those agencies.

REPEAL OF TORT ACTION

REPORTING REQUIREMENTS

SECTION 10. ORS 18.425 is repealed.

JUDGES AS PERSONAL REPRESENTATIVES

SECTION 11. ORS 113.095 is amended to read:

113.095. A person is not qualified to act as personal representative who is:

(1) An incompetent.

(2) A minor.

(3) A person suspended for misconduct or disbarred from the practice of law, during the period of suspension or disbarment.

(4) A person who has resigned from the Oregon State Bar when charges of professional misconduct are under investigation or when disciplinary proceedings are pending against the person, until the person is reinstated.

[(5) A judge of the circuit court, Oregon Tax Court, Court of Appeals or Supreme Court of this state.]

[(6)] (5) A licensed funeral service practitioner unless the decedent is:

(a) A deceased relative of the licensed funeral service practitioner; or

(b) A deceased licensed funeral service practitioner who was a partner, employee or employer in the practice of the licensed funeral service practitioner who is petitioning for appointment as personal representative.

NOTICE OF CHANGE OF NAME

SECTION 12. ORS 33.420 is amended to read:

33.420. (1) Before decreeing a change of name, except as provided in ORS 109.360, the court shall require public notice of the application to be given, that all persons may show cause why the same should not be granted. The court shall also require public notice to be given of the change after the entry of the decree.

(2) Before decreeing a change of name in the case of a minor child the court shall require that, in addition to the notice required under subsection (1) of this section, written notice be given to the parents of the child, both custodial and noncustodial, and to any legal guardian of the child.

(3) Notwithstanding subsection (2) of this section, notice of an application for the change of name of a minor child need not be given to a parent of the child if the other parent of the child files a verified statement in the change of name proceeding that asserts that the minor child has not resided with the other parent and that the other parent has not contributed or tried to contribute to the support of the child.

JURY FEES

SECTION 13. ORS 10.061 is amended to read:

10.061. (1) The fee of jurors in courts other than circuit courts is $10 for each day’s required attendance.

[(2) The fee of jurors in circuit courts is:]

[(a) For the first two days of required attendance during a term of service, a per diem fee equal to $10; and]

[(b) For the third and subsequent days of required attendance during a term of service, a fee equal to the number of hours served multiplied by the minimum hourly wage established under ORS 653.025, but in no event less than $10 per day or more than $50 per day.]

(2)(a) The fee of jurors for the first two days of required attendance in circuit court during a term of service is $10 for each day’s required attendance.

(b) The fee of jurors for the third and subsequent days of required attendance in circuit court during a term of service is the lesser of $50 or an amount equal to the number of hours served multiplied by the minimum hourly wage established under ORS 653.025.

(c) Subject to the $50 limitation imposed by paragraph (b) of this subsection, a juror who appears for a third or subsequent day of required attendance in circuit court must be paid for at least four hours multiplied by the minimum hourly wage established under ORS 653.025, and the juror must be paid for eight hours multiplied by the minimum hourly wage established under ORS 653.025 if attendance is required for more than four hours.

(3) Unless otherwise provided by the terms of an employment agreement, a juror must waive the juror’s fee provided for in subsection (1) or (2) of this section if the juror is paid a wage or salary by the juror’s employer for the days that the juror is required to attend a circuit court. The provisions of this subsection do not affect any claim a juror may have for mileage reimbursement under ORS 10.065.

(4) In addition to the fees and mileage prescribed in subsection (1) of this section and ORS 10.065 for service in a court other than a circuit court, the governing body of a city or county may provide by ordinance for an additional juror fee and for city or county reimbursement of jurors for mileage and other expenses incurred in serving as jurors in courts other than circuit courts.

JURY SOURCE LISTS

SECTION 14. ORS 10.215 is amended to read:

10.215. (1) The [clerk of court] State Court Administrator shall cause to be prepared at least once each year a master jury list containing names selected at random from the source lists. The source lists are the most recent list of electors of the county, the records furnished by the Department of Transportation as provided in ORS 802.260 (2) and any other sources approved by the Chief Justice of the Supreme Court that will furnish a fair cross section of the citizens of the county. [Any source list obtained from a public or private entity and any jury list containing names selected from a source list shall not be used for any purpose other than the selection and summoning of persons for service as jurors and the drawing of names of jurors.] The State Court Administrator and circuit courts may use source lists obtained from private or public entities, and jury lists containing names selected from a source list, only for purposes consistent with administering the selection and summoning of persons for service as jurors, the drawing of names of jurors, and other tasks necessary to accomplish those functions. Except as specifically provided by law, the State Court Administrator and circuit courts may not disclose source lists obtained from private or public entities, and jury lists containing names selected from a source list, to any other person or public entity.

(2) A public entity having custody, possession or control of any list that may be used as a source list for preparation of a master jury list, upon written request by the [presiding judge or clerk of court] State Court Administrator, shall make its list available at any reasonable time and without charge to the [clerk of court] State Court Administrator for inspection or copying. The public entity, upon written request by the [presiding judge or clerk of court] State Court Administrator, shall provide a copy of its list for the date and in the form requested without charge to the [clerk of court] State Court Administrator. [A public entity is any officer or agency of the state or of any city, county, school district or other special district in this state.]

(3) The number of names placed on a master jury list shall be sufficient to meet the projected need for grand jurors and trial jurors in the circuit court in the county, but the total number shall not be less than two percent of the population of the county according to the latest federal decennial census.

(4) A master jury list shall contain the first name, the surname, the place of residence and, if assigned, the juror identification number of each person whose name is placed thereon.

(5) A master jury list shall be certified by the [clerk of court] trial court administrator and placed on file in the circuit court as soon as possible after it is prepared.

(6) A newly filed master jury list shall be maintained separately from the previously filed master jury list. The presiding judge shall designate when a newly filed master jury list becomes effective, after which time names of persons shall not be selected from the previously filed master jury list for a term jury list. When a newly filed master jury list becomes effective, all orders, records and papers prepared in connection with the selection process based on the previously filed master jury list shall be preserved by the [clerk of court] trial court administrator and State Court Administrator for the period prescribed by the State Court Administrator under ORS 8.125.

(7) For the purposes of this section, “public entity” means any officer or agency of the state or of any city, county, school district or other special district in this state.

SECTION 15. Section 16 of this 2001 Act is added to and made a part of ORS chapter 10.

SECTION 16. (1) A person challenging a jury panel under ORS 136.005 or ORCP 57 A who seeks jury records that are confidential under ORS 10.215 must include a request for access to the confidential records in the motion challenging the jury panel. The motion and supporting affidavit must be served on the trial court administrator and the State Court Administrator. The request must:

(a) Specify the purpose for which the jury records are sought; and

(b) Identify with particularity the relevant jury records sought to be released including the type and time period of the records.

(2) The court may order release of the jury records if the court finds that:

(a) The jury records sought are likely to produce evidence relevant to the motion; and

(b) Production of the jury records is not unduly burdensome.

(3) An order under subsection (2) of this section may include, but need not be limited to:

(a) A requirement that the moving party provide advance payment to the trial court administrator and, if applicable, the State Court Administrator for the reasonable costs of providing copies of the jury records; and

(b) Restrictions on further disclosure of the jury records including, but not limited to:

(A) A requirement that the moving party return all originals and copies to the court at the conclusion of the proceeding;

(B) A requirement that the jury records may be used only for the purpose of supporting the jury panel challenge made in the motion;

(C) A prohibition against distributing the jury records to a person who is not an agent or representative of the moving party; and

(D) A prohibition against contacting or attempting to contact the persons whose names appear on the jury records without specific authorization of the court.

(4) The trial court administrator or the State Court Administrator may intervene at any time as a matter of right as to any issues relating to the release of jury records under this section.

(5) The procedure established by this section is the exclusive means for compelling production of confidential jury records as evidence relevant to a challenge to a jury panel under ORS 136.005 or ORCP 57 A.

SECTION 17. ORS 136.005 is amended to read:

136.005. (1) The district attorney or the defendant in a criminal action may challenge the jury panel on the ground that there has been a material departure from the requirements of the law governing selection of jurors by filing a motion with the court supported by an affidavit alleging facts that, if true, constitute a material departure from the requirements of the law governing the selection of jurors. The party making the motion shall serve the motion and supporting affidavit on the other party, the trial court administrator and the State Court Administrator.

(2) A challenge to the panel shall be made before the voir dire examination of the jury.

(3) If the court determines that there has been a material departure from the requirements of the law governing selection of jurors, the court shall:

(a) Stay the proceedings pending the selection of a jury panel in conformity with the applicable provisions of law; and

(b) Grant such other relief as may be appropriate.

(4) The procedures prescribed by this section are the exclusive means by which a district attorney or defendant may challenge a jury panel.

MISCELLANEOUS PROVISIONS

SECTION 18. ORS 3.436 is amended to read:

3.436. (1) The Chief Justice of the Supreme Court may appoint a statewide family law advisory committee to assist the State Court Administrator in carrying out the administrator’s responsibilities under [section 139, chapter 801, Oregon Laws 1997,] ORS 3.438 (2) and (4)(a) and in identifying family law issues that need to be addressed in the future. The Chief Justice shall consider the diversity of this state in appointing the members of the statewide advisory committee.

(2) The Chief Justice shall determine the terms and organization of the statewide advisory committee.

(3) Members of the statewide advisory committee are not entitled to compensation, but may be reimbursed from funds available to the State Court Administrator from the Family Law Account for actual and necessary travel expenses incurred by them in the performance of their official duties.

SECTION 19. The unit captions used in this 2001 Act are provided only for the convenience of the reader and do not become part of the statutory law of this state or express any legislative intent in the enactment of this 2001 Act.

SECTION 20. This 2001 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2001 Act takes effect July 1, 2001.

Approved by the Governor July 17, 2001

Filed in the office of Secretary of State July 18, 2001

Effective date July 17, 2001

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