Oregon Judicial Department
Encyclopedia
The Oregon Judicial Department (OJD) is the judicial branch of government of the state of Oregon
Oregon
Oregon is a state in the Pacific Northwest region of the United States. It is located on the Pacific coast, with Washington to the north, California to the south, Nevada on the southeast and Idaho to the east. The Columbia and Snake rivers delineate much of Oregon's northern and eastern...

 in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

. The chief executive of the branch is the Chief Justice of the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...

. Oregon’s judiciary consists primarily of four different courts: the Oregon Supreme Court, the Oregon Tax Court
Oregon Tax Court
The Oregon Tax Court is a state court in the U.S. state of Oregon, which has jurisdiction in questions of law that regard state tax laws. Examples of matters that would come before this court include income taxes, corporate excise taxes, property taxes, timber taxes, cigarette taxes, local budget...

, the Oregon Court of Appeals
Oregon Court of Appeals
The Oregon Court of Appeals is the state intermediate appellate court in the U.S. state of Oregon. Part of the Oregon Judicial Department, it has ten judges and is located in Salem...

, and the Oregon circuit courts
Oregon circuit courts
Oregon's circuit courts are general jurisdiction trial courts of the U.S. state of Oregon. These courts hear civil and criminal court cases.The state has 27 circuit court districts, most of which correspond to the boundaries of the Oregon's 36 counties...

. Additionally, the OJD includes the Council on Court Procedures, the Oregon State Bar
Oregon State Bar
The Oregon State Bar is a government agency in the U.S. state of Oregon. Founded in 1890 as the private Oregon Bar Association, it became a public entity in 1935 that regulates the legal profession. The public corporation is part of the Oregon Judicial Department...

, Commission on Judicial Fitness and Disability, and the Public Defense Services Commission. Employees of the court
Court
A court is a form of tribunal, often a governmental institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance with the rule of law...

 are the largest non-union group among state workers.

Courts

Oregon’s 1981 Legislature
Oregon Legislative Assembly
The Oregon Legislative Assembly is the state legislature for the U.S. state of Oregon. The Legislative Assembly is bicameral, consisting of an upper and lower house: the Senate, whose 30 members are elected to serve four-year terms; and the House of Representatives, with 60 members elected to...

 enacted legislation that unified the state courts into the Oregon Judicial Department. The district, circuit, tax, and both appellate courts were combined beginning in 1983. In 1997, the Legislature then combined the district and circuit courts, and in 1998 added a Magistrate Division to the Tax Court.

Four courts make up Oregon’s state court system. The highest court is the Oregon Supreme Court, which hears some select direct appeals, but hears appeals mainly from the Oregon Tax and the Oregon Court of Appeals. The two divisions of the Tax Court provide trial level and appellate level court proceedings with appeals going directly to the Oregon Supreme Court. The Oregon Circuit Courts are the trial level courts of the state for both criminal and civil proceedings, with the majority of appeals going to the Oregon Court of Appeals. The Court of Appeals handle appeals from the Circuit Courts and county courts, with appeals of their decisions going to the Oregon Supreme Court.

Supreme Court

Oregon’s highest state court is the Oregon Supreme Court. The court has seven justices elected statewide to six-year terms. These justices then elect one member to serve a six-year term as Chief Justice. The court hears appeals from the lower state courts, as well as some unique issues such as electoral districting and ballot measure titling. Appeals from the court’s decisions can only go to the United States Supreme Court.

Court of Appeals

The Oregon Court of Appeals is the state intermediate appellate court
Court of Appeals
A court of appeals is an appellate court generally.Court of Appeals may refer to:*Military Court of Appeals *Corte d'Assise d'Appello *Philippine Court of Appeals*High Court of Appeals of Turkey*United States courts of appeals...

 in Oregon. With some exceptions, it has jurisdiction to hear all civil and criminal appeals from circuit courts, and to review actions of most state administrative agencies. The court consists of ten judges elected state-wide in nonpartisan
Nonpartisan
In political science, nonpartisan denotes an election, event, organization or person in which there is no formally declared association with a political party affiliation....

 elections to six-year terms. Their administrative head is a Chief Judge appointed by the Chief Justice of the state Supreme Court.

Tax Court

Oregon’s Tax Court has a Magistrate and Regular divisions, with the Magistrate Division consisting of magistrate judges handling cases at the trial level The Regular Division hears appeals from the Magistrate Division. The Tax Court’s jurisdiction includes exclusive jurisdiction
Exclusive jurisdiction
In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction, in which more than one court may take jurisdiction over the case.Exclusive jurisdiction is typically...

 regarding facts and legal questions arising from all tax laws within the state of Oregon. An elected Tax Judge serves as the head of the court.

Circuit Courts

In 1998, the state combined its state District Courts into the Oregon Circuit Courts. These courts are divided into 27 judicial districts across the entire state. The courts are trial level courts with general jurisdiction. Except in six Eastern Oregon
Eastern Oregon
Eastern Oregon is the eastern part of the U.S. state of Oregon. It is not an officially recognized geographic entity, thus the boundaries of the region vary according to context. It is sometimes understood to include only the eight easternmost counties in the state; in other contexts, it includes...

 counties, the courts have jurisdiction over probate issues, adoptions, guardianship and conservatorships, and juvenile items.

Other

The department’s chief operating officer is the State Court Administrator. Housed in the Oregon Supreme Court Building
Oregon Supreme Court Building
The Oregon Supreme Court Building is the home to the Oregon Supreme Court, Oregon Court of Appeals, and the Oregon Judicial Department. Located in the state’s capitol of Salem, it is Oregon’s oldest state government building...

, their role is to assist the Chief Justice of the Supreme Court in supervising and administrating the state courts. Created in 1971, the office also is responsible for keeping a current list of attorneys allowed to practice in the state and coordinating with the Bar for new lawyer admissions.

Other divisions operated by the department include indigent defense, the state bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...

 and rule and procedure making bodies. Oregon’s Public Defense Services Commission provides indigent legal counsel for defendants in Oregon’s court system, including civil and criminal proceedings. The Oregon State Bar regulates practicing attorneys in the state including disciplinary matters. The Council on Court Procedures revises the court rules, and the Commission on Judicial Fitness and Disability investigates complaints made against judges.

See also

  • Government of Oregon
    Government of Oregon
    The government of the U.S. state of Oregon, as prescribed by the Oregon Constitution, is composed of three government branches: the executive, the legislative, and the judicial...

  • United States District Court for the District of Oregon
    United States District Court for the District of Oregon
    The United States District Court for the District of Oregon is the Federal district court whose jurisdiction comprises the state of Oregon. It was created in 1859 when the state was admitted to the Union...

  • Justice courts
    Justice courts (Oregon)
    Justice courts are courts of law in Oregon with jurisdiction within their county with the circuit court in criminal prosecutions except felony trials. They are held by a justice of the peace. These courts are outside the state-funded court system...

  • List of Oregon judges

External links

The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
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