Oregon Revised Statutes

Chapter 8 — Court Officers and District Attorneys

93 sections

8.010 [Amended by 1953 c.382 §4; 1969 c.198 §36; 1983 c.763 §28; renumbered 8.155]

8.020 [Amended by 1965 c.225 §1; 1981 c.126 §1; 1981 s.s.1 c.3 §23; repealed by 1983 c.77 §1]

8.030 [Repealed by 1983 c.77 §1]

8.060 [Formerly 2.350; repealed by 1971 c.193 §30]

8.070 [1965 c.328 §1; 1975 c.260 §1; 1977 c.594 §1; repealed by 1981 s.s.1 c.3 §141]

8.075 [1977 c.594 §3; repealed by 1981 s.s.1 c.3 §141]

JUDICIAL DEPARTMENT STAFF

8.100 Authority of Judicial Department to require fingerprints; rules

For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Judicial Department may require the fingerprints of a person who: Is employed or applying for employment by the department; or Provides services or seeks to provide services to the department as a contractor, vendor or volunteer. After considering the rules …

8.105 Submission of proposed change to legislative committee

Before making any change to a compensation plan, an administrative division of the judicial department must submit the proposed change to the Joint Committee on Ways and Means during the period when the Legislative Assembly is in session, or to the Emergency Board or the Joint Interim Committee on Ways and Means during the interim period between sessions. T…

8.110 State Court Administrator; appointment; term; duties

The office of State Court Administrator is established. The Chief Justice of the Supreme Court shall appoint after conferring with and seeking the advice of the Supreme Court, may remove at pleasure and shall fix the compensation of the State Court Administrator. The State Court Administrator shall perform the duties, powers and functions of the office und…

8.120 Duties as court administrator for Supreme Court and Court of Appeals; Central Violations Bureau; delegation

The State Court Administrator shall, for the Supreme Court and Court of Appeals: Act as court administrator for the court. Keep the seal of the court, and affix it in all cases required by law. Record the proceedings of the court. Keep the records, files, books and documents pertaining to the court. File all documents delivered to the administrator for …

8.125 Duties to assist Chief Justice and other courts

The State Court Administrator shall, to the extent directed by the Chief Justice of the Supreme Court: Assist the Chief Justice in exercising administrative authority and supervision under ORS 1.002. Consistent with applicable provisions of law and rules made thereunder: Supervise the personnel plan for officers, other than judges, and employees of the co…

8.130 Fees payable to State Treasurer

Unless otherwise provided by law, all fees and other moneys collected by the State Court Administrator shall be paid to the State Treasurer promptly, and shall be deposited in the General Fund available for general governmental expenses.

8.140 [Amended by 1971 c.193 §4; repealed by 1981 s.s. c.1 §25]

8.150 Appointment and compensation of employees

The State Court Administrator, with the approval of the Chief Justice of the Supreme Court, may appoint and shall fix the compensation of employees to perform or assist in the performance of duties, powers and functions of the administrator.

8.155 Bailiffs of higher courts

Bailiffs for the Supreme Court and the Court of Appeals shall be appointed under a personnel plan established by the Chief Justice of the Supreme Court. The bailiffs shall be executive officers of the respective courts. Process in cases of original jurisdiction in the Supreme Court may be executed by the bailiff or any sheriff of the state as directed by th…

8.160 Administrator and staff not to engage in private practice of law

The State Court Administrator and employees of the administrator shall not engage in the private practice of law.

8.170 Status of court officers and employees

Officers and employees of the Supreme Court, Court of Appeals and Oregon Tax Court, and employees of the State Court Administrator, who are appointed under a personnel plan established by the Chief Justice of the Supreme Court are state officers or employees in the exempt service and not subject to ORS chapter 240. However, such personnel shall have the righ…

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

TRIAL COURT ADMINISTRATORS AND STAFF

8.185 Trial court administrator for judicial district

Unless otherwise ordered by the Chief Justice of the Supreme Court, there shall be a trial court administrator for each judicial district described in ORS 3.012. The Chief Justice may order that one trial court administrator serve for two or more adjoining judicial districts.

8.195 Appointment of trial court administrators; removal

Subject to applicable provisions of a personnel plan established by the Chief Justice of the Supreme Court, a person to serve as trial court administrator for: One judicial district shall be appointed by the presiding judge for the judicial district, with the approval of a majority of the circuit court judges in the district. The circuit court in a judicia…

8.205 [1981 s.s. c.3 §10; 1995 c.658 §19; repealed by 1997 c.801 §131]

8.210 [Repealed by 1973 c.781 §4]

8.215 [1981 s.s. c.3 §11; 1995 c.658 §20a; 1995 c.781 §19; repealed by 1997 c.801 §131]

8.220 [Repealed by 1973 c.781 §4]

8.225 Duties of trial court administrator; delegation; transcript coordinator

The trial court administrator for a judicial district has the duties, powers and functions prescribed by law or by rules of the circuit courts in the district. A trial court administrator shall, for each court served by the officer: Keep the seal of the court, and affix it in all cases required by law. Record the proceedings of the court. Maintain the re…

8.235 Trial court administrators as state employees

Trial court administrators appointed under ORS 8.195 and other nonjudicial officers and employees of the circuit courts who are appointed under a personnel plan established by the Chief Justice of the Supreme Court are state officers or employees in the exempt service and not subject to ORS chapter 240. However, such personnel shall retain the right to be di…

8.245 Trial court administrators and other personnel not to engage in private practice of law

8.255 Agreement between state and county to provide services with county employees; payment to county; supervision of employees

The State Court Administrator, on behalf of the state, and the governing body of a county, on behalf of the county, may enter into an agreement whereby services required to be provided by the state for the circuit court for the county are provided by employees of the county, instead of by state officers and employees, and the expenses of the county in provid…

8.260 [1953 c.34 §6; repealed by 1959 c.552 §16]

COLLECTIVE BARGAINING

8.270 Collective bargaining rights of court administrators and staff

All officers and employees of the courts of this state who are referred to in ORS 8.170 and 8.235 are subject to collective bargaining to the extent provided in ORS 243.650 to 243.809, and ORS 8.170 and 8.235 shall not be construed to reduce or eliminate any collective bargaining rights those officers and employees may have under ORS 243.650 to 243.809.

8.310 [Amended by 1965 c.369 §1; 1967 c.229 §1; 1971 c.565 §2; 1981 c.126 §2; repealed by 1981 s.s. c.3 §141]

8.320 [Amended by 1971 c.565 §3; repealed by 1981 s.s. c.3 §141]

8.330 [Repealed by 1981 s.s. c.3 §141]

REPORTERS AND REPORTS

8.340 Reporter’s duties

It is the duty of each official reporter of the circuit court, justice court or municipal court to attend the court for which the reporter is appointed at such times as the judge or justice of the peace may direct. A circuit court reporter shall be appointed under a personnel plan established by the Chief Justice of the Supreme Court. Reporters for a justic…

8.350 Transcript of testimony

When a report of the proceedings, or any part thereof, has been made in any case as provided in ORS 8.340, if the court or either party to the suit or action or the party’s attorney requests transcription of the notes or audio records into longhand, the official reporter shall cause full and accurate typewritten transcripts to be made of the testimony or oth…

8.360 Certified report as prima facie correct; reading as deposition; proceedings where reporter has ceased to be official reporter

The report of the official reporter, when transcribed and certified to as being a correct transcript of the notes or audio records of the testimony, exceptions taken, charge of the judge, and other proceedings in the matter, shall be prima facie a correct statement thereof, and may thereafter be read in evidence as the deposition of a witness. When the offi…

8.370 [Amended by 1953 c.566 §2; repealed by 1959 c.445 §1]

8.372 [Formerly part of 8.381; repealed by 1981 s.s. c.3 §141]

8.375 [Formerly part of 8.381; repealed by 1981 s.s. c.3 §141]

8.377 [Formerly part of 8.381; 1981 c.759 §9; repealed by 1981 s.s. c.3 §141]

8.379 [Formerly part of 8.381; 1971 c.144 §1; 1971 c.390 §1; repealed by 1981 s.s. c.3 §141]

8.380 [Amended by 1953 c.550 §22; 1957 c.666 §1; 1957 c.713 §15; 1959 c.509 §1; repealed by 1961 c.447 §1]

8.381 [1961 c.447 §3; 1965 c.369 §2; 1967 c.532 §6; 1967 c.533 §16; parts renumbered 8.372, 8.375, 8.377, 8.379, 8.383, 8.385 and 8.387]

8.383 [Formerly part of 8.381; 1981 c.759 §10; repealed by 1981 s.s. c.3 §141]

8.385 [Formerly part of 8.381; repealed by 1981 s.s. c.3 §141]

8.387 [Formerly part of 8.381; 1971 c.777 §6; 1975 c.430 §1; repealed by 1981 s.s. c.3 §141]

8.390 [Amended by 1953 c.550 §22; 1961 c.447 §2; repealed by 1981 s.s. c.3 §141]

8.395 [1967 c.273 §1; repealed by 1981 s.s. c.3 §141]

8.400 [Amended by 1953 c.550 §22; repealed by 1981 s.s. c.3 §141]

8.410 [Repealed by 1981 s.s. c.3 §141]

CERTIFIED SHORTHAND REPORTERS

8.415 Definitions for ORS 8.415 to 8.455

As used in ORS 8.415 to 8.455, unless the context requires otherwise: “Administrator” means the State Court Administrator. “Advisory committee” means the Certified Shorthand Reporters Advisory Committee created in ORS 8.455. “Certified shorthand reporter” means an individual who has been certified to engage in the practice of stenographic reporting or voi…

8.420 Qualifications and certification of shorthand reporters

The State Court Administrator shall verify the qualifications of shorthand reporters to be certified and shall issue the certificate of shorthand reporter to qualified applicants. The administrator shall adopt policies necessary to administer ORS 8.415 to 8.455 and may appoint any committees necessary to function in accordance with ORS 8.415 to 8.455. The …

8.430 [Formerly 703.404; repealed by 2013 c.470 §7]

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

The certificate of certified shorthand reporter shall be granted to any person who meets the requirements of ORS 8.415 to 8.455 and policies of the State Court Administrator. Any person who has received from the administrator a certificate of “certified shorthand reporter” shall be styled and known as a “certified shorthand reporter” and may also use the ab…

8.440 Grounds for revocation, suspension or refusal to issue certificate

The State Court Administrator may: Revoke, suspend or refuse to issue any certificate described in ORS 8.415 to 8.455 or policies of the administrator. Require additional education or training. The administrator may revoke, suspend or refuse to issue any certificate described in ORS 8.415 to 8.455 or policies of the administrator in the case of a violatio…

8.445 Fees

The State Court Administrator shall establish and collect reasonable fees for applications, examinations, certifications and renewals of certification authorized by ORS 8.415 to 8.455. Fees collected under this section are nonrefundable. The fees established under this section may not exceed the cost of administering and enforcing ORS 8.415 to 8.455.

8.450 Disposition of fees and other revenues

All fees, moneys and other revenues received or collected under ORS 8.415 to 8.455 shall be paid into the account established in ORS 45.294, and such moneys are continuously appropriated to the State Court Administrator for the administration and enforcement of ORS 8.415 to 8.455.

8.455 Advisory committee, membership; terms

There is created a Certified Shorthand Reporters Advisory Committee consisting of no more than seven members appointed by the State Court Administrator. At least four members of the advisory committee shall be persons skilled in the practice of stenographic reporting or voicewriting reporting and shall have been engaged continuously in the practice of stenog…

8.510 [Amended by 1953 c.566 §2; 1957 c.706 §1; 1963 c.494 §1; 1981 c.215 §9; repealed by 1981 s.s c.3 §141]

DISTRICT ATTORNEYS

8.610 Election and term of office

A district attorney for each county shall be elected by the electors of the county, at the general election or, if applicable, at the election specified in ORS 249.088 next preceding the expiration of the term of the then incumbent. The district attorney shall hold office for the term of four years and until a successor is elected and qualified.

8.620 Filing certificate of election

A person elected to the office of district attorney must, before entering upon the office, qualify by filing with the Secretary of State the certificate of election of the person.

8.630 Qualifications; general powers and duties

A person elected district attorney must, at the time of election, have been admitted to practice in the Supreme Court of Oregon. District attorneys shall possess the qualifications, have the powers, perform the duties and be subject to the restrictions provided by the Constitution for prosecuting attorneys, and by the laws of this state.

8.640 Filling vacancies in office

When a vacancy occurs in the office of district attorney, the Governor must appoint some suitable person to fill the vacancy until the next election and qualification of a successor at the next general election. A person appointed to fill a vacancy in the office must qualify in the same manner as a person elected thereto, and shall have like power and compen…

8.650 District attorney as public prosecutor

The district attorney in each county is the public prosecutor therein and has the authority to appear and prosecute violations of the charter and ordinances of any city provided the circuit court for the county has jurisdiction with respect to violations of the charter and ordinances of each such city. In cities of a population of more than 300,000 the distr…

8.660 Attending court and prosecuting offenses

The district attorney shall attend the terms of all courts having jurisdiction of public offenses within the district attorney’s county, and, except as otherwise provided in this section, conduct, on behalf of the state, all prosecutions for such offenses therein. A district attorney shall not conduct prosecutions under this section when: A city attorney i…

8.665 Prosecuting violations

Upon the issuance of a citation by any person authorized to issue citations for violations, a district attorney shall prosecute the case if it appears that a violation has occurred.

8.670 Proceedings before magistrates and grand jury

The district attorney shall institute proceedings before magistrates for the arrest of persons charged with or reasonably suspected of public offenses, when the district attorney has information that any such offense has been committed, and attend upon and advise the grand jury when required.

8.675 Priority given to administration of laws relating to public assistance and enforcement of support

In the performance of official duties, unless otherwise specifically required by law and except for criminal and juvenile proceedings, the district attorney shall give priority to the performance of those duties involving the administration of the laws relating to public assistance and reciprocal enforcement of support.

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

The district attorney shall prosecute for all penalties and forfeitures to the state that may be incurred in the county of the district attorney, and for which no other mode of prosecution and collection is expressly provided by statute, and in like case, prosecute or defend all actions, suits and proceedings in the county to which the state is a party.

8.685 Assisting juvenile court; right to appear

The district attorney shall, upon request of the juvenile court, appear in the juvenile court to assist the court in any matter within its jurisdiction. In counties having a population of more than 150,000, according to the latest federal decennial census, the district attorney shall designate a deputy to assist the juvenile court as provided in subsection …

8.690 Advising and representing county officers and employees

Upon request of a county officer, the district attorney and deputies of the district attorney shall advise the county court and other county officers on all legal questions that may arise. When any action is instituted against any county officer or county employee for damages for an alleged wrongful act or omission in the performance of official duty, the di…

8.700 Register to be kept

The district attorney must keep a register of official business, in which the district attorney shall make a note of every action, suit or proceeding commenced or defended by the district attorney in official capacity, and the proceedings therein. The register shall, at the expiration of the term of office of the district attorney, be delivered by the distri…

8.705 Written office policies

The district attorney in each county shall develop and formally adopt written office policies concerning all of the following subject areas: Pretrial discovery, including: The process for obtaining discovery. Compliance with discovery obligations required by Oregon and federal law. Existing agreements with law enforcement agencies on data retention and d…

8.710 Disqualification; appointment of special district attorney

If a district attorney fails to attend any court at which the district attorney is required to be, or is related to the accused by consanguinity or affinity, or, prior to the district attorney’s election as district attorney, represented the accused in the matter to be investigated by the grand jury or the crime charged in the indictment, or is associated wi…

8.720 Receiving private fee in criminal action; acting as attorney in civil action involving same controversy

A district attorney shall not receive any fee or reward from any private person for services in any criminal action, nor during the pendency of such prosecution can the district attorney act as attorney for either party in any civil action, suit or proceeding involving substantially the same controversy.

8.725 [1957 c.645 §2; 1959 c.539 §1; 1961 c.586 §3; repealed by 1965 c.633 §4]

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

Except as authorized by subsection (2) of this section, district attorneys and deputy district attorneys may not engage in the private practice of law. A district attorney or deputy district attorney may engage in volunteer or pro bono legal work.

8.730 Partner prosecuting or defending certain cases

It is not lawful for any district attorney who has a law partner to allow that partner to prosecute or defend divorce cases or to defend cases in which the state is plaintiff and the district attorney is the public prosecutor. It is the duty of the judicial officers of this state to prohibit such practice in all cases coming before them.

8.740 [Amended by 1953 c.652 §6; 1957 c.490 §1; 1959 c.539 §2; 1961 c.586 §2; repealed by 1967 c.556 §5]

8.750 [Repealed by 1959 c.432 §62 (8.685 enacted in lieu of 8.750)]

8.760 Deputies may be authorized and paid by county

The county court or board of county commissioners may empower the district attorney to appoint one or more deputy district attorneys whose compensation shall be fixed by the county court or board of county commissioners and paid out of the county funds in the same manner as county officers are paid.

8.770 [Repealed by 1961 c.586 §6]

8.780 Appointment of deputies; qualifications; duties

A district attorney shall appoint deputies. A deputy district attorney shall have the same qualifications as the district attorney, and subject to the direction of the district attorney, has the same functions as the district attorney.

8.790 Compensation of district attorney and deputies limited to salaries

No salary, fees, percentage or compensation of any kind shall be allowed, paid to or received by any district attorney or deputy district attorney except as provided in ORS 8.110 to 8.150, 8.160 and 8.670 to 8.852.

8.795 [1957 c.645 §3; 1959 c.539 §3; 1961 c.586 §6a; repealed by 1965 c.633 §4]

8.800 [1953 c.652 §6; 1957 c.645 §1; 1959 c.539 §4; 1961 c.586 §1; repealed by 1965 c.633 §4]

8.801 [1965 c.633 §1; 1967 c.597 §1; 1969 c.320 §1; repealed by 1971 c.711 §6]

8.810 [Repealed by 1967 c.111 §7]

8.820 [Repealed by 1967 c.111 §7]

8.830 Additional compensation from county for district attorney and deputies paid by state

Whenever, in the judgment of any county court or board of county commissioners, the salaries paid by the state to the district attorney, or to any deputy district attorney, are not commensurate with the character of the service performed, the county court or board of county commissioners may pay out of the funds of the county such additional amounts as will …