Chapter 8 — Chapter 8

ORS 8.415 Definitions for ORS 8.415 to 8.455. As used in ORS 8.415 to 8.455, unless the context requires otherwise

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ORS 8.420 Qualifications and certification of shorthand reporters. (1) 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

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ORS 8.430 [Formerly 703.404; repealed by 2013 c.470 §7]

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ORS 8.435 Certificate of certified shorthand reporter; prohibition on use of title “certified shorthand reporter” unless certified. (1) 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

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ORS 8.440 Grounds for revocation, suspension or refusal to issue certificate. (1) The State Court Administrator may

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ORS 8.445 Fees. (1) 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

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ORS 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. [Formerly 703.412]

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ORS 8.455 Advisory committee, membership; terms. (1) 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 stenographic reporting or voicewriting reporting for a period of not less than five years prior to the date of appointment as a member of the advisory committee. Appointees must be certified under ORS 8.415 to 8.455

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ORS 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]

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ORS 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. [Amended by 1991 c.719 §2]

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ORS 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. [Amended by 1987 c.158 §3; 2005 c.22 §3; 2005 c.797 §27]

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ORS 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

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ORS 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 compensation, and perform the same duties

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ORS 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 district attorney shall be responsible for the prosecution of all city ordinance violations. [Amended by 1971 c.633 §14; 1995 c.658 §21]

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ORS 8.660 Attending court and prosecuting offenses. (1) 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

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ORS 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. [1981 c.692 §10; 1999 c.1051 §117]

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ORS 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

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ORS 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. [1959 c.539 §5]

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ORS 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

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ORS 8.685 Assisting juvenile court; right to appear. (1) 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

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ORS 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 district attorney shall defend such action. The district attorney shall also prosecute and defend all actions, suits, and proceedings to which the county may be a party. For such services the district attorney shall receive no compensation other than salary. [Amended by 1957 c.151 §1; 1965 c.419 §1]

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ORS 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 district attorney to the successor in office

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ORS 8.705 Written office policies. (1) The district attorney in each county shall develop and formally adopt written office policies concerning all of the following subject areas

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ORS 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 with the accused in business, or is interested financially in the matter or property out of which the alleged crime or criminal action arose, or is a stockholder in any corporation, any officer or stockholder of which is charged with the commission of any crime, or declines to prosecute or participate in proceedings for the imposition of sanctions for a contempt of court under ORS 33.065, or because of any other conflict cannot ethically serve as district attorney in a particular case, and such facts appear to the satisfaction of the court by affidavit or otherwise, the court shall appoint a regularly licensed and practicing attorney of this state who is not counsel for an interested party to perform the duties of district attorney during the district attorney’s absence or inability to serve, or the trial or investigation of such accused. When the district attorney is disqualified as provided in this section, the person so appointed by the court shall receive reasonable compensation for that person’s attendance, to be allowed by the court. The court in such case shall order compensation to be paid by the county, except that when the person so appointed performs the district attorney’s responsibilities under ORS 25.080, the court shall order compensation to be paid by the Oregon Department of Administrative Services of the state from funds available for that purpose. [Amended by 1985 c.611 §1; 1991 c.724 §16]

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ORS 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

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

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ORS 8.726 District attorneys and deputies prohibited from engaging in private practice of law; exception. (1) Except as authorized by subsection (2) of this section, district attorneys and deputy district attorneys may not engage in the private practice of law

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ORS 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. [Amended by 2003 c.14 §7]

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ORS 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]

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

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ORS 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. [Amended by 1961 c.586 §4]

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ORS 8.770 [Repealed by 1961 c.586 §6]

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ORS 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. [Amended by 1961 c.586 §5]

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ORS 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

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

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

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

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ORS 8.810 [Repealed by 1967 c.111 §7]

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ORS 8.820 [Repealed by 1967 c.111 §7]

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ORS 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 properly compensate said officers for the service performed. [Amended by 1955 c.220 §1]

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ORS 8.840 [Repealed by 1953 c.652 §6]

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ORS 8.850 Offices, supplies and stenographic assistance for district attorneys and deputies. Each county shall provide the district attorney and any deputies for such county with such office space, facilities, supplies and stenographic assistance as is necessary to perform efficiently the duties of such office. [1953 c.652 §3]

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ORS 8.852 Salary plan for district attorneys. The district attorneys of the various counties shall be paid monthly salaries as adopted in the salary plan provided for in ORS 240.240 (2), to include salary adjustments awarded management service employees. [1991 c.432 §2; reenacted by 1993 c.290 §2; reenacted by 1995 c.9 §2; reenacted by 1997 c.75 §2]

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