Chapter 221 — Organization and Government of Cities

ORS 221.339 Jurisdiction of municipal court; prosecutions by city attorney

(1)

A municipal court has concurrent jurisdiction with circuit courts and justice courts over all violations committed or triable in the city where the court is located.

(2)

Except as provided in subsections (3) and (4) of this section, municipal courts have concurrent jurisdiction with circuit courts and justice courts over misdemeanors committed or triable in the city. Municipal courts may exercise the jurisdiction conveyed by this section without a charter provision or ordinance authorizing that exercise.

(3)

Municipal courts have no jurisdiction over felonies, designated drug-related misdemeanors as defined in ORS 423.478 or Class E violations.

(4)

A city may limit the exercise of jurisdiction over misdemeanors by a municipal court under this section by the adoption of a charter provision or ordinance, except that municipal courts must retain concurrent jurisdiction with circuit courts over:

(a)

Misdemeanors created by the city’s own charter or by ordinances adopted by the city, as provided in ORS 3.132; and

(b)

Traffic crimes as defined by ORS 801.545.

(5)

Subject to the powers and duties of the Attorney General under ORS 180.060, the city attorney has authority to prosecute a violation of any offense created by statute that is subject to the jurisdiction of a municipal court, including any appeal, if the offense is committed or triable in the city. The prosecution shall be in the name of the state. The city attorney shall have all powers of a district attorney in prosecutions under this subsection. [1999 c.1051 §40; 2017 c.706 §21; 2021 c.591 §29]

Note: Section 30, chapter 591, Oregon Laws 2021,

provides: Sec. 30. Notwithstanding the amendments to ORS 51.050 and 221.339 by sections 28 and 29 of this 2021 Act:

(1)

A municipal court or justice court with Class E violation proceeding pending before the court on the effective date of this 2021 Act [July 19, 2021] may continue to exercise jurisdiction over the proceeding in accordance with section 22, chapter 2, Oregon Laws 2021 [153.062].

(2)

A judgment of a municipal court or justice court adjudicating a Class E violation prior to the effective date of this 2021 Act is validated.

Note: 221.339 was enacted into law by the Legislative

Assembly but was not added to or made a part of

ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.