Chapter 180 — Chapter 180

ORS 180.010 Office of Attorney General. There is established the office of Attorney General of the State of Oregon

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ORS 180.020 Election; term of office. The Attorney General shall be elected by the electors of this state at the regular general election in the same manner as other state officers are elected. The term of the Attorney General shall commence on the first Monday in January of the year succeeding election. The Attorney General shall hold office for the term of four years, and until a successor is elected and qualified

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ORS 180.030 Filing certificate of election or appointment. Before entering upon the duties of office the Attorney General shall qualify by filing with the Secretary of State the certificate of election or of appointment. [Amended by 2005 c.797 §28]

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ORS 180.040 Governor to fill vacancy by appointment; term of appointee. At any time when a vacancy may by any cause occur in the office of Attorney General, the Governor shall appoint a suitable person to be Attorney General, who shall hold office until the next general election, when a successor shall be elected for a full term and shall qualify as prescribed in ORS 180.030

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ORS 180.050 Location of office. The Attorney General shall keep and attend the office of Attorney General at the capital of the state. The state shall provide and furnish the office

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ORS 180.060 Powers and duties of Attorney General. (1) The Attorney General shall

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ORS 180.070 Power of Attorney General to conduct investigations and prosecutions; duties of district attorneys unaffected. (1) The Attorney General may, when directed to do so by the Governor, take full charge of any investigation or prosecution of violation of law in which the circuit court has jurisdiction

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ORS 180.073 Subpoena authority in criminal investigation. (1) In any criminal investigation conducted by the Attorney General, the Attorney General may execute in writing and serve a subpoena or subpoena duces tecum upon any person the Attorney General believes to have information or material relevant to the investigation. A subpoena may require that the person appear at a reasonable time and place stated in the subpoena and give oral testimony under oath concerning matters relevant to the investigation. A subpoena duces tecum may require, in addition to or in lieu of giving testimony, that the person produce designated books, papers, documents or tangible items that constitute or contain materials relevant to the investigation for examination, copying or reproduction. A subpoena duces tecum that only requires the production of materials must inform the person subpoenaed if the person must personally appear at the time and place designated in the subpoena

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ORS 180.075 Disclosure of information obtained under subpoena. Except as provided in this section, the Attorney General may not disclose any testimony or materials obtained under the provisions of ORS 180.073. The Attorney General may disclose testimony or materials only if

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ORS 180.080 Attorney General to manage criminal proceedings in court or before grand jury at request of Governor. When directed by the Governor, the Attorney General shall attend in person, or by one of the assistants of the Attorney General, in any court, or appear before the grand jury in any county, for the purpose of managing and conducting in such court, or before such jury, the criminal action or proceeding specified in the requirement. The Attorney General, or the assistant of the Attorney General so attending, shall exercise all the powers and perform all the duties in respect of the action or proceeding which the district attorney would otherwise be authorized to exercise or perform. The district attorney shall only exercise such powers and perform such duties in the action or proceeding as are required of the district attorney by the Attorney General, or the assistant of the Attorney General so attending. [Amended by 2015 c.212 §17]

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ORS 180.090 Investigations and special prosecutions; calling on other departments and officers for assistance; employing special investigators. In making investigations of and conducting special prosecutions for violations or alleged violations of the criminal laws of the state, the Attorney General may call upon the Department of State Police or any other peace officer or department for assistance in making such investigations or, in the discretion of the Attorney General, may employ special investigators for such purpose

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ORS 180.095 Department of Justice Protection and Education Revolving Account. (1) The Department of Justice Protection and Education Revolving Account is created in the General Fund. All moneys in the account are continuously appropriated to the Department of Justice and may be used to pay for only the following activities

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ORS 180.096 Use of Countrywide Financial Corporation settlement proceeds. (1) Notwithstanding the purposes set forth in ORS 180.095, and except as provided in subsection (2) of this section, the Department of Justice shall use the proceeds of the State of Oregon’s settlement with Countrywide Financial Corporation that are deposited into the Department of Justice Protection and Education Revolving Account to make grants, in consultation with the Housing and Community Services Department, to nonprofit entities to provide foreclosure relief services

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ORS 180.097 [1971 c.85 §§8,9; 1977 c.445 §1; repealed by 1993 c.518 §4]

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ORS 180.100 Legislative bills; preparation on request. The Attorney General shall, upon request of any member of or of any person elected to either branch of the Legislative Assembly of the State of Oregon, prepare all bills requested by any such member or person within a reasonable length of time prior to the commencement of any session of the legislature, and furnish the bills to such member or person for introduction on or before the first day of the session. The Attorney General shall during the sessions of the legislature prepare bills at the request of any member of the legislature as expeditiously as the number of deputies in the office of the Attorney General will permit

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ORS 180.110 Keeping copies of opinions and records of cases; biennial report; printing and binding opinions. The Attorney General shall keep copies of all the opinions of the Attorney General and a record of all cases, in any of the courts and tribunals, prosecuted or defended by the Attorney General or in which the Attorney General appears. The Attorney General shall make a biennial report to the legislature of all the official business transacted by the Attorney General for the biennial period ending December 31 prior to the meeting of the legislature. The Attorney General may have printed and bound all opinions rendered by the Attorney General during the period, for distribution to the various state officers, public libraries and others entitled to receive them. [Amended by 1971 c.418 §2; 2005 c.659 §6]

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ORS 180.120 Defending in criminal proceedings for Oregon State Police or member thereof; conducting prosecutions. (1) The Attorney General shall

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ORS 180.125 Intergovernmental road maintenance agreements. If the Attorney General advises the Department of Transportation under ORS 180.060 about a matter related to an intergovernmental road maintenance agreement described in ORS 366.574 or represents the department in an action related to the agreement, the Attorney General shall

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ORS 180.130 Deputy Attorney General. The Attorney General shall appoint a Deputy Attorney General, who shall qualify as required by law, and who may do and perform, in the absence of the Attorney General, all the acts and duties that may be authorized and required to be performed by the Attorney General. The Attorney General shall be responsible for all the acts of the deputy of the Attorney General

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ORS 180.140 Other assistants; salaries; representation of indigent clients. (1) The Attorney General shall appoint the other assistants the Attorney General deems necessary to transact the business of the office, each to serve at the pleasure of the Attorney General and perform such duties as the Attorney General may designate and for whose acts the Attorney General shall be responsible. Each assistant shall have full authority under the direction of the Attorney General to perform any duty required by law to be performed by the Attorney General

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ORS 180.150 Clerks. Subject to any applicable provisions of the State Personnel Relations Law, the Attorney General shall employ the necessary clerical aid required for the discharge of the duties imposed upon the Attorney General by law, and fix compensation therefor, to be paid as other salaries are paid

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ORS 180.160 Charges for services to public agencies; rules. (1) Subject to rules prescribed by the Attorney General, in rendering assistance to the respective officers, departments, boards and commissions of state government, and other public bodies, the Department of Justice may charge such officers, agencies and public bodies (including, when appropriate, the Department of Justice itself) separately for the cost of such assistance, said cost including, but not limited to salaries of assistants and administrative and clerical salaries, investigative services, and capital outlay; and shall also charge such officers, departments, boards, commissions or public bodies for other costs incurred and disbursements made pursuant to request or authorization in connection with such assistance, and not paid directly out of moneys appropriated or otherwise available for expenditure by such officers, agencies or public bodies

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ORS 180.165 [1975 c.458 §9; repealed by 1989 c.633 §3]

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ORS 180.170 Billing for services to public agencies. The Department of Justice shall estimate in advance the expenses that it will incur during the biennium under ORS 180.160 and 180.340, and shall render to officers, departments, boards and commissions of state government and other public bodies an invoice for their share of such expenses for periods within the biennium and in sufficient amounts to provide reasonable cash operating requirements for the Legal Division of the Department of Justice within the biennial period. Each officer, department, board or commission or other public body shall pay to the credit of the Department of Justice Operating Account such invoice as an administrative expense from funds or appropriations available to it in the same manner as other claims against the state or public body are paid. If the estimated expenses for any officer, department, board, commission or public body are more or less than actual expenses for the period covered by the invoice, the difference shall be reflected in the next following estimate of expenses. [1971 c.85 §3; 1973 c.775 §5]

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ORS 180.180 Department of Justice Operating Account. (1) The Department of Justice Operating Account is created in the General Fund. Moneys credited to the account are continuously appropriated to the Department of Justice for the purpose of paying expenses incurred by the department, including those incurred by the Division of Child Support, but not including expenses described in ORS 180.095, that are reimbursable from the Department of Justice Protection and Education Revolving Account

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ORS 180.190 Department of Justice Current Expense Account; Department of Justice Portland Legal Office Petty Cash Account. (1) The Oregon Department of Administrative Services is hereby authorized to draw a warrant in the amount of $50,000 payable to the Department of Justice from the Department of Justice Operating Account which shall then be deposited by the Department of Justice in the State Treasury in an account to be known as the Department of Justice Current Expense Account. Disbursements made from this account shall require the approval of the disbursing officer of the Department of Justice who shall be designated by the Attorney General

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ORS 180.200 Department of Justice Client Trust Account. (1) The Department of Justice Client Trust Account is established in the State Treasury, separate and distinct from the General Fund. All moneys in the account are appropriated continuously and shall be used by the Department of Justice for payments to persons and agencies on whose behalf the department has received moneys

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ORS 180.205 Tobacco Enforcement Fund. (1) The Tobacco Enforcement Fund is established separate and distinct from the General Fund. The Tobacco Enforcement Fund shall consist of

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ORS 180.207 Requirements for Department of Justice agency request budget. (1) Each biennium, the Department of Justice shall include in its agency request budget filed under ORS 291.208 discrete amounts necessary to fund the projected costs of continuing state support for the following currently authorized programs and activities for the next biennium

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ORS 180.210 Department of Justice; Attorney General head and chief law officer. There hereby is constituted an executive department to be known as the Department of Justice. The Attorney General shall be the head of this department and the chief law officer for the state and all its departments

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ORS 180.220 Powers and duties. (1) The Department of Justice shall have

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ORS 180.225 Attorney General representing public bodies in antitrust proceedings. In any proceeding under the antitrust laws of the United States in which the state or any public body within the state is interested, the Attorney General may, in the discretion of the Attorney General, represent any such public body at its request, charging it for the cost of such representation pursuant to ORS 180.160. [1971 c.418 §9]

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ORS 180.230 Compensation not allowed state departments for attorney services. No compensation shall be allowed to any person for services as an attorney or counselor to any department of the state government or to the head thereof, or to any board or commission, except in cases specially authorized by law. [Amended by 1971 c.418 §6]

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ORS 180.235 Authority of agency to employ counsel; qualification and salary; status. (1) Notwithstanding any provision of law to the contrary, whenever the Attorney General concludes that it is inappropriate and contrary to the public interest for the office of the Attorney General to concurrently represent more than one public officer or agency in a particular matter or class of matters in circumstances which would create or tend to create a conflict of interest on the part of the Attorney General, the Attorney General may authorize one or both of such officers or agencies to employ its own general or special counsel in the particular matter or class of matters and in related matters. Such authorization may be terminated by the Attorney General whenever the Attorney General determines that separate representation is no longer appropriate

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ORS 180.240 Attorney General and Department of Justice to have powers and prerogatives of district attorneys. The Attorney General and the Department of Justice shall have the same powers and prerogatives in each of the several counties of the state as the district attorneys have in their respective counties

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ORS 180.250 [1983 c.481 §2; repealed by 1993 c.188 §15]

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ORS 180.255 [1983 c.481 §3; repealed by 1993 c.188 §15]

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ORS 180.260 Service of process by department employees. (1) Notwithstanding ORCP 7 E or any other law, employees and officers of the Department of Justice other than attorneys may serve summons, process and other notice, including all child support actions initiated by the Division of Child Support or to which the division is a party, in litigation and other proceedings in which the state is interested. An employee or officer may not serve process or other notice in any case or proceeding in which the employee or officer has a personal interest or in which it reasonably may be anticipated that the employee or officer will be a material witness

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ORS 180.265 Authority of department to delegate certain duties to employees of Department of Revenue. The Department of Justice may delegate to officers and employees of the Department of Revenue the authority to undertake and complete certain filings and other tasks relating to tax claims pending before a United States Bankruptcy Court that the Department of Justice has identified as being routine tasks. [1997 c.84 §7]

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ORS 180.267 Authority of Department of Justice to require fingerprints. For the purpose of requesting a state or nationwide criminal records check under ORS 181A.195, the Department of Justice may require the fingerprints of a person who

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ORS 180.269 Biennial litigation reports to Legislative Assembly. On or before March 1 of each odd-numbered year, the Department of Justice shall submit a report to the chairpersons of the standing or interim Joint Committee on Ways and Means regarding materially significant or noteworthy litigation involving the state that is ongoing or that concluded in the biennium preceding the report. Notwithstanding ORS 192.311 to 192.478, the report described in this section is not a public record and is not subject to public inspection. [2021 c.678 §15]

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ORS 180.310 [Subsections (1) and (2) enacted as 1957 c.105 §2 and 1957 c.424 §1; 1961 c.629 §1; repealed by 1975 c.458 §18]

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ORS 180.320 Cooperation with division in enforcement; confidentiality of information furnished to division. (1) All state agencies, district attorneys and all police officers of the state, county or any municipality, university or court thereof, shall cooperate with the Division of Child Support of the Department of Justice in furnishing and making available information, records and documents necessary to assist in establishing or enforcing support obligations or parentage, in performing the duties set out in ORS 25.080 and in determining the location of any absent parent or child for the purpose of enforcing any state or federal law regarding the unlawful taking or restraint of a child or for the purpose of making or enforcing a child custody determination. Notwithstanding the provisions of ORS 25.550 or 109.167 or ORS chapter 432, records pertaining to the parentage of a child shall be made available upon written request of an authorized representative of the Division of Child Support. Any information obtained pursuant to this subsection is confidential, and shall be used only for the purposes set out in this subsection

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ORS 180.330 District attorneys not relieved from duties relating to enforcement of support laws. ORS 180.320 to 180.365 are not intended to relieve any district attorney from performing the duties, powers and functions of the district attorney under the statutes of this state relating to the enforcement of support and of the criminal laws of this state. [1957 c.105 §5]

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ORS 180.340 Division of Child Support established; employment of personnel. There is established the Division of Child Support of the Department of Justice to be maintained, operated and controlled under the supervision of the Attorney General. The Attorney General may employ attorneys, investigators and other personnel necessary to carry out the duties and functions of the division and fix their compensation, subject to any applicable provision of the State Personnel Relations Law. [1957 c.105 §1; 1989 c.633 §1; 1997 c.704 §48; 1999 c.839 §1; 2003 c.73 §58]

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ORS 180.345 Oregon Child Support Program; rules. (1) The Department of Justice is responsible for the administration, supervision and operation of the program authorized by Title IV-D of the Social Security Act (42 U.S.C. 651 et seq.), hereinafter the Oregon Child Support Program. The Administrator of the Division of Child Support of the Department of Justice is the Oregon Child Support Program Director for the State of Oregon

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ORS 180.350 Investigators to have authority of peace officers. Investigators employed by the Attorney General under ORS 180.320 to 180.365 shall have all the authority given by statute to peace officers of this state, including the authority to serve and execute warrants of arrest. [1957 c.105 §7]

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ORS 180.360 Division exempt from payment of certain court fees; exemption. Filing, recording or court fees may not be required from the Division of Child Support of the Department of Justice by any circuit court clerk for the filing of any cases, documents, stipulated orders or processes. However, if the division is entitled to recover costs and disbursements, any of those fees taxable as costs and disbursements may be so taxed, and if recovered by the division, shall be paid to the appropriate officer. A circuit court clerk may not refuse to file a stipulated order, or enter a stipulated judgment, for the reason that the parties signing such order have failed to pay any fee when such order is presented by the Division of Child Support and is signed by a judge. [1957 c.105 §3; 1983 c.761 §13; 1983 c.763 §23; 1999 c.803 §2; 2003 c.576 §192]

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ORS 180.365 Child Support Suspense Fund. (1) The Child Support Suspense Fund is established in the State Treasury separate and distinct from the General Fund. Interest earned by the Child Support Suspense Fund shall be credited to the Child Support Deposit Fund established under ORS 25.725. All moneys in the Child Support Suspense Fund are appropriated continuously for purposes of ORS 25.020, 25.610, 25.620 and 25.777 and for all other requirements of the Department of Justice as the state disbursement unit

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ORS 180.370 [1957 c.105 §6; repealed by 1997 c.704 §49]

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