Bill Text: OR HB2547 | 2013 | Regular Session | Enrolled
Bill Title: Relating to jurors summoned by circuit courts; and declaring an emergency.
Spectrum: Committee Bill
Status: (Passed) 2013-03-11 - Chapter 2, (2013 Laws): Effective date March 11, 2013. [HB2547 Detail]
Download: Oregon-2013-HB2547-Enrolled.html
77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session Enrolled House Bill 2547 Introduced and printed pursuant to House Rule 12.00. Presession filed (at the request of House Interim Committee on Judiciary for Oregon Judicial Department) CHAPTER ................ AN ACT Relating to jurors summoned by circuit courts; creating new provisions; amending ORS 1.002, 10.205, 10.215 and 10.235; repealing ORS 10.225; and declaring an emergency. Be It Enacted by the People of the State of Oregon: SECTION 1. { + Section 2 of this 2013 Act is added to and made a part of ORS chapter 10. + } SECTION 2. { + (1) The Chief Justice of the Supreme Court may make rules for the use of electronic transmission and electronic signature on documents transmitted to or from a circuit court under this chapter. (2) ORS 84.072 does not apply to rules adopted under this section. + } SECTION 3. ORS 1.002 is amended to read: 1.002. (1) The Supreme Court is the highest judicial tribunal of the judicial department of government in this state. The Chief Justice of the Supreme Court is the presiding judge of the court and the administrative head of the judicial department of government in this state. The Chief Justice shall exercise administrative authority and supervision over the courts of this state consistent with applicable provisions of law and the Oregon Rules of Civil Procedure. The Chief Justice, to facilitate exercise of that administrative authority and supervision, may: (a) Make rules and issue orders appropriate to that exercise. (b) Require appropriate reports from the judges, other officers and employees of the courts of this state and municipal courts. (c) Pursuant to policies approved by the Judicial Conference of the State of Oregon, assign or reassign on a temporary basis all judges of the courts of this state to serve in designated locations within or without the county or judicial district for which the judge was elected. (d) Set staffing levels for all courts of the state operating under the Judicial Department and for all operations in the Judicial Department. (e) Establish time standards for disposition of cases. (f) Establish budgets for the Judicial Department and all courts operating under the Judicial Department. (g) Assign or reassign all court staff of courts operating under the Judicial Department. Enrolled House Bill 2547 (HB 2547-INTRO) Page 1 (h) Pursuant to policies approved by the Judicial Conference of the State of Oregon, establish personnel rules and policies for judges of courts operating under the Judicial Department. (i) Establish procedures for closing courts in emergencies. (j) Establish standards for determining when courts are closed for purposes of ORCP 10, ORS 174.120 and other rules and laws that refer to periods of time when courts are closed. (k) Take any other action appropriate to the exercise of the powers specified in this section and other law, and appropriate to the exercise of administrative authority and supervision by the Chief Justice over the courts of this state. (2) The Chief Justice may make rules for the use of electronic applications in the courts, including but not limited to rules relating to: (a) Applications based on the use of the Internet and other similar technologies; (b) The use of an electronic document, or use of an electronic image of a paper document in lieu of the original paper copy, for a document, process or paper that is served, delivered, received, filed, entered or retained in any action or proceeding; (c) The use of electronic signatures or another form of identification for any document, process or paper that is served, delivered, received, filed, entered or retained in any action or proceeding and that is required by any law or rule to be signed; (d) The use of electronic transmission for the service of documents in a proceeding, other than service of a summons or service of an initial complaint or petition; (e) Payment of statutory or court-ordered monetary obligations through electronic media; (f) Electronic storage of court documents; (g) Use of electronic citations in lieu of the paper citation forms as allowed under ORS 153.770, including use of electronic citations for parking ordinance violations that are subject to ORS 221.333 or 810.425; (h) Public access through electronic means to court documents that are required or authorized to be made available to the public by law; { - and - } (i) Transmission of open court proceedings through electronic media { - . - } { + ; and (j) Electronic transmission and electronic signature on documents relating to circuit court jurors under section 2 of this 2013 Act. + } (3) The Chief Justice may make rules relating to the data that state courts may require parties and other persons to submit for the purpose of distinguishing particular persons from other persons. If the rules require the submission of data that state or federal law does not require that the courts make public, the rules may also require courts to keep the data confidential and not release the data except pursuant to a court order issued for good cause shown. Data that is made confidential under the rules is not subject to disclosure under ORS 192.410 to 192.505. (4) Rules adopted by the Chief Justice under subsection (2) of this section must be consistent with the laws governing courts and court procedures, but any person who serves, delivers, receives, files, enters or retains an electronic document, or an electronic image of a paper document in lieu of the original paper copy, in the manner provided by a rule of the Chief Justice under subsection (2) of this section shall be considered to have complied with any rule or law governing service, delivery, reception, filing, entry or retention of a paper document. Enrolled House Bill 2547 (HB 2547-INTRO) Page 2 (5) Rules made and orders issued by the Chief Justice under this section shall permit as much variation and flexibility in the administration of the courts of this state as are appropriate to the most efficient manner of administering each court, considering the particular needs and circumstances of the court, and consistent with the sound and efficient administration of the judicial department of government in this state. (6) The Chief Justice may establish fees for the use of the Oregon Judicial Information Network. (7) The judges, other officers and employees of the courts of this state shall comply with rules made and orders issued by the Chief Justice. Rules and orders of a court of this state, or a judge thereof, relating to the conduct of the business of the court shall be consistent with applicable rules made and orders issued by the Chief Justice. (8) The Chief Judge of the Court of Appeals and the presiding judge of each judicial district of this state are the administrative heads of their respective courts. They are responsible and accountable to the Chief Justice of the Supreme Court in the exercise of their administrative authority and supervision over their respective courts. Other judges of the Court of Appeals or court under a presiding judge are responsible and accountable to the Chief Judge or presiding judge, and to the Chief Justice, in respect to exercise by the Chief Justice, Chief Judge or presiding judge of administrative authority and supervision. (9) The Chief Justice may delegate the exercise of any of the powers specified by this section to the presiding judge of a court, and may delegate the exercise of any of the administrative powers specified by this section to the State Court Administrator, as may be appropriate. (10) This section applies to justices of the peace and the justice courts of this state solely for the purpose of disciplining of justices of the peace and for the purpose of continuing legal education of justices of the peace. SECTION 4. ORS 10.215 is amended to read: 10.215. (1) The State Court Administrator shall cause to be prepared at least once each year a master jury list containing names selected at random from the source lists. The source lists are the most recent list of electors of the county, the records furnished by the Department of Transportation as provided in ORS 802.260 (2) and any other sources approved by the Chief Justice of the Supreme Court that will furnish a fair cross section of the citizens of the county. The State Court Administrator and circuit courts may use source lists obtained from any person or public body, and jury lists containing names selected from a source list, only for purposes consistent with administering the selection and summoning of persons for service as jurors, the drawing of names of jurors, and other tasks necessary to accomplish those functions. Source lists may not contain and the State Court Administrator is not required to obtain information about individuals who are participants in the Address Confidentiality Program under ORS 192.820 to 192.868. Except as specifically provided by law, the State Court Administrator and circuit courts may not disclose source lists obtained from any person or public body, and jury lists containing names selected from a source list, to any other person or public body. (2) A public body having custody, possession or control of any list that may be used as a source list for preparation of a master jury list, upon written request by the State Court Enrolled House Bill 2547 (HB 2547-INTRO) Page 3 Administrator, shall make its list available at any reasonable time and, except as otherwise provided in ORS 802.260, without charge to the State Court Administrator for inspection or copying. The public body, upon written request by the State Court Administrator, shall provide a copy of its list for the date and in the form requested to the State Court Administrator. Except as otherwise provided in ORS 802.260, the copy shall be provided without charge. (3) The number of names placed on a master jury list shall be sufficient to meet the projected need for grand jurors and trial jurors in the circuit court in the county, but the total number may not be less than two percent of the population of the county according to the latest federal decennial census. (4) A master jury list shall contain the first name, the surname, the place of residence and, if assigned, the juror identification number of each person whose name is placed thereon. (5) A master jury list { + for a circuit court + } shall be certified by the { - trial - } { + State + } Court Administrator { - and placed on file in the circuit court as soon as possible after it is prepared. - } { + to have been prepared in compliance with the requirements of this section. A certified copy of the master jury list shall be provided to the circuit court for the county as soon as possible after the list is prepared. + } (6) A newly filed master jury list shall be maintained separately from the previously filed master jury list. The presiding judge shall designate when a newly filed master jury list becomes effective { - , - } { + . + } After { - which time - } { + a newly filed master jury list becomes effective, names of persons for a jury list for a panel or term must be selected for a jury list for a panel or term from the newly filed master jury list and from + } names of { + any + } persons { - may not be selected - } from the previously filed master jury list { + whose service was deferred + } { - for a term jury list - } . When a newly filed master jury list becomes effective, all orders, records and papers prepared in connection with the selection process based on the previously filed master jury list shall be preserved by the trial court administrator and State Court Administrator for the period prescribed by the State Court Administrator under ORS 8.125. (7) The State Court Administrator may make adjustments to the master jury list, and may authorize the presiding judge of a judicial district to make adjustments to a { - term - } jury list { + for a panel or term + }, for the purpose of updating the addresses of persons appearing on the lists and removing the names of persons who are deceased, permanently ineligible for jury service or permanently excused from jury service. The State Court Administrator shall ensure that a record is maintained of all adjustments to jury lists made under this subsection. (8) For the purposes of this section, 'public body' has the meaning given that term in ORS 174.109. SECTION 5. ORS 10.235 is amended to read: 10.235. (1) When an additional number of jurors is needed for a jury service term in a county because the { - term - } jury list for the term becomes exhausted, or in the opinion of the presiding judge for the judicial district is likely to become exhausted, before the end of the term, additional jurors may be selected and summoned as provided in this section. Enrolled House Bill 2547 (HB 2547-INTRO) Page 4 (2) The presiding judge for the judicial district may order an additional number of names selected from the master jury list and added to the { - term - } jury list { + for the panel or term + } in the same manner as the original { - term - } jury list is prepared. As directed by the presiding judge of the circuit court, the persons whose names are added to the { - term - } jury list { + for the panel or term + } shall be summoned by the clerk of court giving written notice to each of them by mail or by the sheriff or other officer giving written notice to each of them personally or by leaving written notice at the person's place of residence with some person of suitable age and discretion. The notice need be given only a reasonable time before the day on which the persons summoned are required to attend. (3) If the master jury list becomes exhausted or in the opinion of the presiding judge is likely to become exhausted, the presiding judge may order that the clerk of court select an additional number of names from the source lists described in ORS 10.215 (1) and that the persons whose names are so selected be summoned as provided in subsection (2) of this section. (4) If there is an immediate need for additional jurors, a judge of the circuit court for the county may direct the clerk of court, sheriff or other officer to summon a sufficient number of eligible persons to meet that need. Those persons shall be summoned as directed by the judge. SECTION 6. { + ORS 10.225 is repealed. + } SECTION 7. ORS 10.205 is amended to read: 10.205. (1) ORS 10.205 to 10.265 govern the selection and summoning of persons for service as grand jurors or trial jurors in the circuit court in a county. (2) The presiding judge for the judicial district may authorize the use of juror identification numbers in place of juror names in the performance of functions under ORS 10.215 to 10.265, 132.020 and ORCP 57 B for the selection of jurors in the county, except for functions under ORS 10.215 (4) { - and 10.225 (3) - } , when to do so would promote the efficiency of the selection process, but the selection must be done randomly. SECTION 8. { + This 2013 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2013 Act takes effect on its passage. + } ---------- Enrolled House Bill 2547 (HB 2547-INTRO) Page 5 Passed by House February 13, 2013 ............................................................. Ramona J. Line, Chief Clerk of House ............................................................. Tina Kotek, Speaker of House Passed by Senate February 28, 2013 ............................................................. Peter Courtney, President of Senate Enrolled House Bill 2547 (HB 2547-INTRO) Page 6 Received by Governor: ......M.,............., 2013 Approved: ......M.,............., 2013 ............................................................. John Kitzhaber, Governor Filed in Office of Secretary of State: ......M.,............., 2013 ............................................................. Kate Brown, Secretary of State Enrolled House Bill 2547 (HB 2547-INTRO) Page 7