Bill Text: OR HB2561 | 2013 | Regular Session | Introduced
Bill Title: Relating to fees for electronic court services; declaring an emergency.
Spectrum: Committee Bill
Status: (Failed) 2013-07-08 - In committee upon adjournment. [HB2561 Detail]
Download: Oregon-2013-HB2561-Introduced.html
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 418
House Bill 2561
Introduced and printed pursuant to House Rule 12.00. Presession
filed (at the request of House Interim Committee on Judiciary
for 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.
Authorizes Chief Justice of Supreme Court to establish
reasonable fees for use of state court electronic applications
and systems.
Declares emergency, effective on passage.
A BILL FOR AN ACT
Relating to fees for electronic court services; amending ORS
1.002; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. 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.
(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 { + reasonable + } fees
for the use of the Oregon Judicial Information Network { + and
other state court electronic applications and systems + }.
(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 2. { + 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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