Bill Text: OR SB404 | 2011 | Regular Session | Introduced

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Bill Title: Relating to judges.

Sponsorship: Unknown

Status: (Failed) 2011-06-30 - In committee upon adjournment. [SB404 Detail]

Download: Oregon-2011-SB404-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 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 1169

                         Senate Bill 404

Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Senate Interim Committee on
  Judiciary)

                             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.

  Provides that judge is not prohibited from acting as judge in
proceeding solely because judge is related to partners,
associates or other persons in firm of attorney who represents
party to proceeding.

                        A BILL FOR AN ACT
Relating to judges; amending ORS 14.210.
Be It Enacted by the People of the State of Oregon:
  SECTION 1. ORS 14.210 is amended to read:
  14.210. (1) A judge shall not act as such in a court of which
the judge is a member in any of the following circumstances:
  (a) The judge shall not act as judge if the judge is a party to
or directly interested in the action, suit or proceeding, except
that the judge shall not be disqualified from acting as such in a
case in which the judge is added as a party after taking any
official action as a judge in the action, suit or proceeding, and
in that case the judge shall be dismissed as a party without
prejudice.
  (b) Except as provided in ORS 2.111 and 2.570, a judge shall
not act as judge if the judge was not present and sitting as a
member of the court at the hearing of a matter submitted for its
decision. A judge may sign an order or judgment reflecting a
decision made by another judge if, for good cause, the judge who
made the decision is not available.
  (c) A judge shall not act as judge if the judge is related to
any party { +  to the proceeding + }, or to the attorney for any
party  { - , or to the partner or office associate of any such
attorney - }  { +  to the proceeding + }, by consanguinity or
affinity within the third degree.   { +  This paragraph applies
only to relationship with the attorney who appears for a party in
the proceeding, and does not apply to relationship with the
attorney's partners, associates or other persons in the
attorney's firm. + }
  (d) A judge shall not act as judge if the judge has been
attorney in the action, suit or proceeding for any party.
  (e) If appeal is made from a decision of another court, or
judicial review of a decision of an administrative agency is
sought, a judge shall not act as judge on appeal if the judge
participated in making the decision that is subject to review.
  (2) This section does not apply to an application to change the
place of trial, or the regulation of the order of business in
court. In the circumstances specified in subsection (1)(c) and
(d) of this section, the disqualification shall be deemed waived
by the parties unless a motion for disqualification of the judge
is made as provided by statute or court rule.
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