Bill Text: OR HB2547 | 2013 | Regular Session | Introduced

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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-Introduced.html

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     77th OREGON LEGISLATIVE ASSEMBLY--2013 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 417

                         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)

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Modifies statutes relating to jurors summoned by circuit
courts.
  Declares emergency, effective on passage.

                        A BILL FOR 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.
  (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.
  (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
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.
  (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. + }
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