Chapter 001

 

      Chapter 1

 

LAW REVIEW CITATIONS: 53 OLR 436 (1974)

 

      1.001

 

LAW REVIEW CITATIONS: 50 WLR 291 (2014)

 

      1.002

 

NOTES OF DECISIONS

 

      Constitutional restrictions on removal of judges for misconduct does not limit ability of Supreme Court to reprimand judges. In re Piper, 271 Or 726, 534 P2d 159 (1975)

 

      Establishment of courthouse security procedures is within administrative and supervisory authority of Chief Justice. Smith v. Washington County, 180 Or App 505, 43 P3d 1171 (2002), Sup Ct review denied

 

LAW REVIEW CITATIONS: 51 OLR 645 (1972)

 

      1.008

 

NOTES OF DECISIONS

 

      Public Employe Collective Bargaining Act applies to the Judicial Department and is not inconsistent with ORS 1.002 or 1.008. Lent v. ERB, 63 Or App 400, 664 P2d 1110 (1983), Sup Ct review denied

      Chief Justice may not validly enter into contract with judicial employee that provides pension benefits in excess of benefits otherwise authorized by statute. Bowen v. Public Employees Retirement Board, 227 Or App 444, 206 P3d 232 (2009), Sup Ct review denied

 

      1.010

 

NOTES OF DECISIONS

 

      Power of court to control “all other persons in any manner connected with judicial proceeding before it” does not authorize court to order Children’s Services Division to give defendant access to child witness in division’s custody for purposes of pretrial interviews. State ex rel Roach v. Olsen, 295 Or 107, 663 P2d 767 (1983)

 

      This section does not authorize court to compel out-of-court psychological examinations of witnesses. State v. Hiatt, 303 Or 60, 733 P2d 1373 (1987)

 

      This section does not grant trial judge authority to order prosecutor to produce witness for pretrial interview. State ex rel Upham v. Bonebrake, 303 Or 361, 736 P2d 1020 (1987)

 

      1.020

 

NOTES OF DECISIONS

 

      Court may not dismiss petition for post-conviction relief as sanction for failure of counsel to file trial memorandum. Phan v. Morrow, 185 Or App 628, 60 P3d 1111 (2003)

 

      1.025

 

NOTES OF DECISIONS

 

      This provision imposes no duty on Commission on Judicial Fitness and Disability, because proceedings before commission are not “in a court.” State ex rel Currin v. Comm’n on Judicial Fitness, 311 Or 530, 815 P2d 212 (1991)

 

      1.055

 

NOTE: Repealed as of June 2, 2015

 

NOTES OF DECISIONS

 

      This section does not alter scope of court’s inherent power to correct or set aside previous judgment, if such power is exercised within reasonable time. Hansen v. Hansen, 31 Or App 823, 571 P2d 568 (1977)

 

      1.080

 

ATTY. GEN. OPINIONS: County holding criminal arraignments and trials in detention center, (1980) Vol 40, p 329

 

      1.160

 

NOTES OF DECISIONS

 

In general

 

      The trial court did not err or abuse its discretion in allowing counsel for each party plaintiff to examine the witnesses. Wulff v. Sprouse-Reitz, Inc., 262 Or 293, 498 P2d 766 (1972)

 

Mode of procedure

 

      This section does not authorize the prosecution of class actions. American Tbr. & Trading Co. v. First Nat. Bank of Oregon, 263 Or 1, 500 P2d 1204 (1972)

 

      In a writ of review proceeding, a circuit court evidentiary hearing on facts relevant to standing is “most comfortable” to the spirit of the statutes. Duddles v. City Council of West Linn, 21 Or App 310, 535 P2d 583 (1975)

 

      1.171

 

NOTES OF DECISIONS

 

      Establishment of courthouse security procedures is within administrative and supervisory authority of presiding judge. Smith v. Washington County, 180 Or App 505, 43 P3d 1171 (2002), Sup Ct review denied

 

      1.178

 

LAW REVIEW CITATIONS: 50 WLR 291 (2014)

 

      1.185

 

LAW REVIEW CITATIONS: 50 WLR 291 (2014)

 

      1.220

 

NOTES OF DECISIONS

 

      Judge who continued work on estates after becoming judge was practicing law in violation of this section and was reprimanded. In re Piper, 271 Or 726, 534 P2d 159 (1975)

 

      1.310 to 1.390

(1989 Edition)

 

NOTES OF DECISIONS

 

      Contractual rights acquired by District Court judge as of date of membership in Fund did not encompass rights acquired by previous members of Fund before that date. Gantenbein v. Public Employes’ Retirement Board, 33 Or App 309, 576 P2d 1257 (1978), Sup Ct review denied

 

      Person who voluntarily retires as circuit court judge having served less than the period of time required to receive retirement pay under these sections has no right to refund of contributions made to Judges’ Retirement Fund; construing statutes so as to disallow recovery of contributions does not make them unconstitutional. Frye v. PERS, 67 Or App 617, 679 P2d 875 (1984), Sup Ct review denied

 

ATTY. GEN. OPINIONS: Salary base as municipal judge as base for computing deficit in contributions transferred to Judges’ Retirement Fund under 1972 merger of municipal and district court, (1972) Vol 36, p 111

 

      1.420

 

NOTES OF DECISIONS

 

      Since there are no separate grounds for suspension, in recommending suspension the commission must prove the accused was guilty of one of the specific grounds for removal as stated in Article VII (Amended), §8. In re Piper, 271 Or 726, 534 P2d 159 (1975)

 

      Continued work by the accused upon four decedents’ estates over a period of 10 years after becoming a circuit judge did not involve “moral turpitude.” In re Piper, 271 Or 726, 534 P2d 159 (1975)

 

      The words “complaint from any person” in this section did not impose a requirement that there be a formal complaint by some identifiable person or that the accused judge be informed of the identity of any complainant or be provided with a copy of the complaint when the facts were not in dispute. In the Matter of Sawyer, 286 Or 369, 594 P2d 805 (1979)

 

      Commission on Judicial Fitness had jurisdiction to inquire into justice’s alleged failure to abide by Code of Judicial Conduct. In re Fadeley, 310 Or 548, 802 P2d 31 (1990)

 

      Commission on Judicial Fitness and Disability lacks authority to hear complaints against municipal judges. State ex rel Kaino v. Commission on Judicial Fitness and Disability, 335 Or 633, 74 P3d 1080 (2003)

 

      1.430

 

NOTES OF DECISIONS

 

      Since there are no separate grounds for suspension, in recommending suspension the commission must prove the accused was guilty of one of the specific grounds for removal as stated in Article VII (Amended), §8. In re Piper, 271 Or 726, 534 P2d 159 (1975)

 

      The requirements of Article VII (Amended), §1, cannot be modified by statute. In re Piper, 271 Or 726, 534 P2d 159 (1975)

 

      Continued work by the accused upon four decedents’ estates over a period of 10 years after becoming a circuit judge did not involve “moral turpitude.” In re Piper, 271 Or 726, 534 P2d 159 (1975)

 

      Where a judge was regularly employed as a part-time teacher for pay by a state-funded institution of higher education, Article III Section 1 of the Oregon Constitution was violated and would subject him to discipline if he continued in that employment. In the Matter of Sawyer, 286 Or 369, 594 P2d 805 (1979)

 

      Proceedings under this section are not criminal and burden of proof, as in bar disciplinary cases, is proof by clear and convincing evidence. In re Jordan, 290 Or 303, 622 P2d 297 (1981)

 

      Conduct of judge in giving false testimony constitutes misconduct which “bears a demonstrable relationship to the effective performance of his judicial duties” as provided in Oregon Constitution Art. VII (Am.), sec. 8 (1)(b). In re Jordan, 290 Or 303, 622 P2d 297 (1981)

 

      1.615

 

NOTES OF DECISIONS

 

      Appointment of all district court judges as judges pro tempore for district and circuit courts of all other districts and counties authorized district judge to issue search warrant for execution in different county. State v. Blasingame, 127 Or App 382, 873 P2d 361 (1994), Sup Ct review denied

 

      1.735

 

NOTES OF DECISIONS

 

      Default procedures of ORCP 7D do not differ substantively from section which that rule replaced and do not violate this section. Harp v. Loux, 54 Or App 840, 636 P2d 976 (1981), Sup Ct review denied

 

LAW REVIEW CITATIONS: 57 OLR 505, 521 (1978)