151 sections in this chapter.
ORS 1.192 [1999 c.1064 §4; repealed by 2007 c.626 §3]
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COLLECTION OF COURT ACCOUNTS
ORS 1.194 Definitions for ORS 1.194 to 1.200. As used in ORS 1.194 to 1.200
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(1) “Payment” means an amount of money voluntarily paid by a debtor or an amount of money involuntarily paid by a debtor through offset or garnishment. (2) “State court” means a circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court. [2001 c.823 §11; 2003 …
ORS 1.195 Reports on liquidated and delinquent accounts of state courts. (1) Not later than October 1 of each fiscal year, all state courts and all commissions, departments and divisions in the judicial branch of state government shall submit reports to the Legislative Fiscal Office that describe the status of the liquidated and delinquent accounts of the judicial branch of state government, and the efforts made to collect those liquidated and delinquent accounts during the immediately preceding fiscal year. The reports required under this subsection shall be in a form prescribed by the Legislative Fiscal Office and shall include but not be limited to
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(a) The total number of all liquidated and delinquent accounts, and the balance for those accounts, at the beginning of the fiscal year; (b) The total number of all liquidated and delinquent accounts, and the balance for those accounts, at the end of the fiscal year; (c) The liqu…
ORS 1.196 Agreement for reciprocal offsets. The State Court Administrator may enter into an intergovernmental agreement with the United States Financial Management Service and the Internal Revenue Service for the purpose of the reciprocal offsetting of the following amounts
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(1) Federal tax refunds of debtors, to be offset against liquidated and delinquent accounts of those debtors resulting from unpaid financial obligations imposed by state courts; and (2) Overpayments to state courts, to be offset against federal tax obligations. [2009 c.791 §2]
ORS 1.197 Assignment of liquidated and delinquent accounts to collection agencies; relinquishment of accounts by collection agencies; collections by Department of Revenue. (1) Except as otherwise provided by law, all state courts and all commissions, departments and divisions in the judicial branch of state government shall offer to assign the liquidated and delinquent accounts of the state court, commission, department or division to a private collection agency, or to the Department of Revenue under the provisions of ORS 293.250, not later than
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(a) One year from the date the account was liquidated if no payment has been received on the account within that year; or (b) One year from the date of receipt of the most recent payment on the account. (2) Nothing in subsection (1) of this section prohibits a state court or a co…
ORS 1.198 Exemptions from requirements of ORS 1.197. (1) ORS 1.197 does not apply to liquidated and delinquent accounts that are
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(a) Prohibited by state or federal law or regulation from assignment or collection; or (b) Subject to collection through an offset of federal tax refunds pursuant to an agreement entered into under ORS 1.196. (2) Notwithstanding ORS 1.197, a state court or a commission, departmen…
ORS 1.199 Policies and procedures for exempting accounts from requirements of ORS 1.197 and for ceasing collection efforts. (1) The State Court Administrator may establish policies and procedures for exempting accounts from the requirements of ORS 1.197. All policies establishing exemptions under this section must be documented and justified by the State Court Administrator
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(2) The State Court Administrator may establish criteria and standards by which state courts and commissions, departments and divisions in the judicial branch of state government may cease to make collection efforts for specified types of accounts. [2001 c.823 §15]
ORS 1.200 Effect of ORS 1.194 to 1.200 on authority of judge. Nothing in ORS 1.194 to 1.200 limits or affects the ability of a judge of a state court to enforce, modify, set aside, suspend, delay, condition, schedule or take any other action authorized by law with respect to a debt or money obligation owed to this state. [2001 c.823 §16]
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[Repealed or reserved.]
ORS 1.202 Fee for establishing and administering account for judgment that includes monetary obligation; fee for judgment referred for collection. (1) All circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, shall add a fee of not more than $200 to any judgment that includes a monetary obligation that the court or judicial branch is charged with collecting. The fee shall cover the cost of establishing and administering an account for the debtor and shall be added without further notice to the debtor or further order of the court. The fee shall be added only if the court gives the defendant a period of time in which to pay the obligation after the financial obligation is imposed. Fees under this subsection shall be deposited in the General Fund
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(2) All circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, that use private collection agencies, the Department of Revenue or an offset of federal tax refunds pursuant to an agreement enter…
ORS 1.204 [2001 c.823 §25 (enacted in lieu of 8.172); 2003 c.518 §11; repealed by 2011 c.595 §173]
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JUDICIAL OFFICERS GENERALLY
ORS 1.210 Judicial officer defined. A judicial officer is a person authorized to act as a judge in a court of justice
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[Repealed or reserved.]
ORS 1.212 Oath of office for judges. (1) Before entering upon the duties of a judge of the Supreme Court, whether upon election or appointment as a judge of the Supreme Court or upon appointment as a senior judge or a judge pro tempore, a person must take and subscribe, and submit to the Secretary of State, an oath in the form provided by section 7, Article VII (Amended) of the Oregon Constitution
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(2) Except as provided in subsection (3) of this section, before entering upon the duties of a judge of the Court of Appeals, the Oregon Tax Court or a circuit court, a person who is appointed or elected to the office must take and subscribe, and submit to the Secretary of State,…
ORS 1.220 Judicial officer or partner acting as attorney. (1) Except as provided in this section, a judicial officer appointed or elected to a full-time position may not act as an attorney in an action or proceeding
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(2) A judicial officer appointed or elected to a full-time position may act as an attorney in an action or proceeding if the judicial officer is an active licensee of the Oregon State Bar and is either a party to the action or proceeding or the judicial officer has a direct inter…
ORS 1.230 Powers of a judge out of court. A judge may exercise, out of court, all the powers expressly conferred upon a judge as distinguished from a court, and not otherwise
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[Repealed or reserved.]
ORS 1.240 Powers of judicial officers. Every judicial officer has power
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(1) To preserve and enforce order in the immediate presence of the judicial officer, and in the proceedings before the judicial officer, when the judicial officer is performing a duty imposed by statute. (2) To compel obedience to the lawful orders of the judicial officer, as pro…
ORS 1.250 Punishment for contempt. For the effectual exercise of the powers specified in ORS 1.240, a judicial officer may punish for contempt, in the cases and manner provided by statute
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[Repealed or reserved.]
ORS 1.260 Powers of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit courts; where powers may be exercised. The judges of the Supreme Court, the Court of Appeals, the Oregon Tax Court and the circuit courts have power in any part of the state
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(1) To take and certify: (a) The proof and acknowledgment of a conveyance of real property, or any other written instrument authorized or required to be proved or acknowledged. (b) The acknowledgment of satisfaction of a judgment in any court. (c) An affidavit or deposition to be…
ORS 1.270 Powers of other judicial officers; where powers may be exercised. Every other judicial officer may, within the county, city, district or precinct in which the judicial officer is chosen
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(1) Exercise the powers mentioned in ORS 1.260 (1). (2) Exercise any other power and perform any other duty conferred or imposed upon the judicial officer by statute.
ORS 1.280 [1959 c.552 §4; repealed by 1981 s.s. c.1 §25]
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[Repealed or reserved.]
ORS 1.290 Leaves of absence. (1) As used in this section, unless the context requires otherwise, “judge” means any judge of the Supreme Court, the Court of Appeals, the Oregon Tax Court or any circuit court, but does not include any person appointed by the Supreme Court as judge pro tempore of any of those courts who does not hold the elective office of judge of any of those courts
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(2) Upon receipt of the written application of any judge, the Supreme Court may grant the judge a leave of absence without salary for a period of not more than one year. The Supreme Court may grant a leave of absence only if the court is satisfied that the administration of justi…
ORS 1.300 Senior judge; assignment; duties and powers; compensation and expenses. (1) A judge who retires from the circuit court, Oregon Tax Court, Court of Appeals or Supreme Court, except a judge retired under the provisions of ORS 1.310, may be designated a senior judge of the State of Oregon by the Supreme Court and, if so designated, shall be so certified by the Secretary of State
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(2)(a) Upon filing with the Secretary of State an oath of office as a senior judge as prescribed in ORS 1.212, a senior judge is eligible for temporary assignment, with the consent of the senior judge, by the Chief Justice of the Supreme Court or the designee of the Chief Justice…
ORS 1.303 Disability of judge; procedures upon receipt by Chief Justice of complaint or information. (1) As used in this section and ORS 1.425
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(a) “Judge” means a judge of any court of this state. (b) “Subject judge” means a judge whose alleged disability is involved in proceedings under this section or ORS 1.425. (c) “Disability” means a physical or mental condition of a judge, including but not limited to impairment d…
ORS 1.305 Commencement of judicial term of office. The term of office of a judge of the Supreme Court, the Court of Appeals, the Oregon Tax Court, or of any circuit court shall begin on the first Monday in January following the election of the judge. [1979 c.451 §7]
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INVOLUNTARY RETIREMENT OF JUDGES
ORS 1.310 Involuntary retirement of judges for disability; rules. (1) As used in this section
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(a) “Chief Justice” means the Chief Justice of the Supreme Court of Oregon, except that, if the Chief Justice is the subject judge, then the term “Chief Justice” means the one of the remaining judges of the Supreme Court who has served the longest period of time as a judge of tha…
ORS 1.312 [1969 c.332 §1; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.314 [1959 c.551 §2 (1.314, 1.318, 1.322 and 1.326 enacted in lieu of 1.320); 1961 c.568 §1; 1963 c.592 §1; 1965 c.394 §2; 1969 c.332 §3; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.316 [1971 c.101 §2; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.318 [1959 c.551 §3 (1.314, 1.318, 1.322 and 1.326 enacted in lieu of 1.320); 1961 c.568 §2; 1963 c.464 §3; 1965 c.394 §3; 1969 c.332 §4; 1983 c.770 §13; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.320 [Amended by 1955 c.496 §1; repealed by 1959 c.551 §1 (1.314, 1.318, 1.322 and 1.326 enacted in lieu of 1.320)]
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[Repealed or reserved.]
ORS 1.322 [1959 c.551 §4 (1.314, 1.318, 1.322 and 1.326 enacted in lieu of 1.320); 1965 c.394 §4; 1969 c.332 §5; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.326 [1959 c.551 §5 (1.314, 1.318, 1.322 and 1.326 enacted in lieu of 1.320); 1963 c.464 §4; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.328 [1959 c.551 §§10,11; repealed by 1961 c.568 §5]
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[Repealed or reserved.]
ORS 1.330 [Amended by 1961 c.568 §3; 1963 c.464 §5; 1965 c.394 §5; 1969 c.332 §6; 1971 c.101 §3; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.340 [Amended by 1953 c.529 §5; 1955 c.496 §2; 1955 c.511 §1; 1959 c.551 §6; 1961 c.568 §4; 1963 c.464 §6; 1965 c.394 §6; 1969 c.332 §7; 1971 c.101 §4; 1983 c.770 §14; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.343 [1979 c.609 §2; 1983 c.770 §15; 1989 c.757 §2; 1991 c.796 §8; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.345 [1961 c.702 §5; repealed by 1963 c.464 §10]
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[Repealed or reserved.]
ORS 1.346 [1977 c.84 §2; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.350 [Amended by 1959 c.551 §7; 1963 c.464 §7; 1969 c.332 §8; 1989 c.966 §1; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.355 [1963 c.464 §2; 1973 c.704 §1; 1975 c.614 §1; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.360 [Amended by 1953 c.529 §5; 1959 c.551 §8; 1961 c.702 §1; 1963 c.464 §8; 1965 c.394 §7; 1969 c.332 §9; 1975 c.125 §3; 1975 c.614 §2; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.365 [1987 c.625 §6; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.370 [Repealed by 1963 c.464 §10]
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[Repealed or reserved.]
ORS 1.380 [Amended by 1963 c.464 §9; subsection (7) enacted as 1969 c.332 §11; subsection (8) enacted as 1969 c.332 §17; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.385 [1969 c.332 §15; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.387 [1979 c.727 §1; 1981 c.684 §1; repealed by 1991 c.815 §21]
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[Repealed or reserved.]
ORS 1.390 [1969 c.332 §10; repealed by 1991 c.815 §21]
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COMMISSION ON JUDICIAL FITNESS AND DISABILITY
ORS 1.410 Commission on Judicial Fitness and Disability; term; Senate confirmation. (1) There is created the Commission on Judicial Fitness and Disability consisting of
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(a) Three judges appointed by the Supreme Court; (b) Three persons appointed by the Board of Governors of the Oregon State Bar from among persons admitted to practice law in this state; and (c) Three persons appointed by the Governor who are not qualified under either paragraph (…
ORS 1.415 Powers and duties of commission; rules. (1) The Commission on Judicial Fitness and Disability may
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(a) Subject to the State Personnel Relations Law, appoint such subordinates and employees as the commission considers necessary to carry out the duties and powers vested in the commission. (b) Request the assistance of and compensate physicians, expert witnesses and special couns…
ORS 1.420 Investigation; hearings; consent to discipline; recommendation; temporary suspension. (1) Upon complaint from any person concerning the conduct of a judge or upon request of the Supreme Court, and after such investigation as the Commission on Judicial Fitness and Disability considers necessary, the commission may do any of the following
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(a) The commission may hold a hearing pursuant to subsection (3) of this section to inquire into the conduct of the judge. (b) The commission may request the Supreme Court to appoint three qualified persons to act as masters, to hold a hearing pursuant to subsection (3) of this s…
ORS 1.425 Commission proceedings upon receipt of complaint of disability; hearing; physical examination; disposition. (1) Upon complaint from the Chief Justice of the Supreme Court as provided in ORS 1.303, and after such investigation as the Commission on Judicial Fitness and Disability considers necessary, the commission may
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(a) Proceed as provided in ORS 1.420; or (b) If the investigation under this subsection indicates that the subject judge may have a temporary disability, hold a hearing pursuant to subsection (2) of this section to inquire into the alleged disability, or request the Supreme Court…