Title 1 · ORS Chapter 1

1.185, pursuant to which the state agrees to provide the property and services described in ORS 1.185 (1)(a). ����� (b)(A) An agreement entered into pursuant to this subsection may include a requirem

Citation: ORS 1.185

Section: 1.185

1.185, pursuant to which the state agrees to provide the property and services described in ORS 1.185 (1)(a).

����� (b)(A) An agreement entered into pursuant to this subsection may include a requirement that the county transfer to the Oregon Courthouse Capital Construction and Improvement Fund an amount not less than 50 percent of the total estimated costs of a project funded with bonds issued pursuant to ORS 1.181 or section 10, chapter 685, Oregon Laws 2015, with respect to the courthouse or portions of a courthouse that are the subject of the agreement.

����� (B) The amount transferred by a county pursuant to this paragraph may comprise, singly or in any combination and proportion:

����� (i) Property tax revenues, bond proceeds or any other county moneys; and

����� (ii) A credit equal to the higher of the appraised value or the actual purchase price of land purchased by the county for the courthouse if the state approves of the land as the site for the courthouse.

����� (C) The amount required to be transferred by the county under this subsection may not be less than 75 percent of the total estimated costs unless the project includes colocation in the courthouse of state offices in addition to the state circuit court facilities.

����� (2) For purposes of ORS 1.181 and section 10, chapter 685, Oregon Laws 2015, the state shall be considered to operate a courthouse or portions of a courthouse that are the subject of an agreement entered into pursuant to subsection (1) of this section if, as applicable:

����� (a) The lease agreement conveys to the state a full leasehold interest, including exclusive rights to control and use the courthouse or portions of the courthouse that are typical of a long-term lease, for a term that is at least equal to the term during which the bonds issued pursuant to ORS 1.181 and section 10, chapter 685, Oregon Laws 2015, will remain outstanding.

����� (b) The intergovernmental agreement grants the state the exclusive right to control and use the courthouse or portions of the courthouse for a term that is at least equal to the term during which the bonds issued pursuant to ORS 1.181 and section 10, chapter 685, Oregon Laws 2015, will remain outstanding. [2013 c.705 �9; 2014 c.121 �7; 2016 c.118 �3]

����� 1.184 Oregon Courthouse Capital Construction and Improvement Fund. (1) The Oregon Courthouse Capital Construction and Improvement Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned on moneys in the Oregon Courthouse Capital Construction and Improvement Fund shall be credited to the fund.

����� (2) The fund consists of moneys deposited in the fund pursuant to ORS 1.181 and section 10, chapter 685, Oregon Laws 2015, and moneys transferred to the fund by a county pursuant to ORS 1.183 (1)(b) and may include fees, revenues and other moneys appropriated by the Legislative Assembly for deposit in the fund.

����� (3) Moneys in the fund are continuously appropriated to the Judicial Department for:

����� (a) The purposes described in ORS 1.181 (3);

����� (b) Payment of the costs incurred by the department to administer the fund; and

����� (c) Payment of bond-related costs, as defined in ORS 286A.816. [2013 c.723 �64; 2016 c.118 �4]

OPERATION OF COURTHOUSES

����� 1.185 County to provide courtrooms, offices and jury rooms. (1) The county in which a circuit court is located or holds court shall:

����� (a) Provide suitable and sufficient courtrooms, offices and jury rooms for the court, the judges, other officers and employees of the court and juries in attendance upon the court, and provide maintenance and utilities for those courtrooms, offices and jury rooms.

����� (b) Pay expenses of the court in the county other than those expenses required by law to be paid by the state.

����� (2) Except as provided in subsection (1) of this section, all supplies, materials, equipment and other property necessary for the operation of the circuit courts shall be provided by the state under ORS 1.187. [Formerly 1.165]

����� 1.187 State to provide supplies and personal property for courts. Except as provided in ORS 1.185 (1) and subject to applicable provisions of a plan established by the Chief Justice of the Supreme Court, the state shall provide the supplies, materials, equipment and other personal property necessary for the operation of the circuit courts. The cost of property provided by the state shall be paid by the state from funds available for the purpose. [Formerly 1.167]

����� 1.188 Surcharge on fines for courthouse. (1) As used in this section, �offense� means:

����� (a) A violation of a parking ordinance; or

����� (b) A traffic offense as defined in ORS 801.555 (2).

����� (2) Notwithstanding ORS 137.143, the presiding judge of the judicial district in which a county is located may order that the circuit court for the county impose a surcharge in the amount of $5 on each fine assessed for an offense in the county if:

����� (a) The county has received funds, or has legislative authorization to receive funds, for a county courthouse from the proceeds of bonds issued pursuant to Article XI-Q of the Oregon Constitution deposited in the Oregon Courthouse Capital Construction and Improvement Fund established in ORS 1.184;

����� (b) Debt service is owed on any Article XI-Q bonds issued related to the county courthouse;

����� (c) Debt service is owed on any bonds issued under ORS 271.390 or ORS chapter 287A to finance capital costs of the courthouse project for which bonds are or will be issued under ORS 1.181 in the county imposing the surcharge;

����� (d) The board of county commissioners has requested that the presiding judge of the judicial district in which the county is located order the imposition of a surcharge and has identified the purposes for which the surcharge funds would be used; and

����� (e) The Chief Justice of the Supreme Court has approved the surcharge.

����� (3) The circuit court for the county may not impose a surcharge under this section unless, before July 1 of the calendar year preceding the imposition of the surcharge, the court submits to the State Court Administrator a copy of the order imposing the surcharge. The court may begin imposing the surcharge on fines for offenses occurring on and after January 1 of the calendar year following submission of the order to the State Court Administrator.

����� (4) Except as provided in ORS 153.640 and 221.315, the surcharge shall be levied fully if any fine is imposed.

����� (5) The surcharge shall be collected by the circuit court for the county and paid to the county for deposit in the account established under ORS 1.189 and used solely for:

����� (a) Payment of capital costs of the courthouse project for which bonds are or will be issued under ORS 1.181 in the county imposing the surcharge; or

����� (b) Payment of debt service and related expenses and funding of debt service reserves, if any, for bonds issued under ORS 271.390 or ORS chapter 287A to finance capital costs of the courthouse project for which bonds are or will be issued under ORS 1.181 in the county imposing the surcharge. [2016 c.78 �1]

����� 1.189 Courthouse surcharge accounts. (1) The county treasurer shall deposit moneys received from surcharges imposed under ORS 1.188 in a courthouse surcharge account maintained by the county treasurer.

����� (2) The moneys in the courthouse surcharge account and interest upon the account are reserved for the purposes of:

����� (a) Payment of capital costs of the courthouse project for which bonds are or will be issued under ORS 1.181 in the county imposing the surcharge; or

����� (b) Payment of debt service and related expenses and funding of debt service reserves, if any, for bonds issued under ORS 271.390 or ORS chapter 287A to finance capital costs of the courthouse project for which bonds are or will be issued under ORS 1.181 in the county imposing the surcharge.

����� (3) The county treasurer may charge against the courthouse surcharge account an administrative fee for the actual costs associated with maintaining the account. The total administrative fees charged each year may not exceed five percent of the moneys received from surcharges imposed under ORS 1.188 for that year. [2016 c.78 �2]

����� 1.190 [1999 c.1064 �3; repealed by 2007 c.626 �3]

����� 1.192 [1999 c.1064 �4; repealed by 2007 c.626 �3]

COLLECTION OF COURT ACCOUNTS

����� 1.194 Definitions for ORS 1.194 to 1.200. As used in ORS 1.194 to 1.200:

����� (1) �Payment� means an amount of money voluntarily paid by a debtor or an amount of money involuntarily paid by a debtor through offset or garnishment.

����� (2) �State court� means a circuit court, the Oregon Tax Court, the Court of Appeals or the Supreme Court. [2001 c.823 �11; 2003 c.14 �3]

����� 1.195 Reports on liquidated and delinquent accounts of state courts. (1) Not later than October 1 of each fiscal year, all state courts and all commissions, departments and divisions in the judicial branch of state government shall submit reports to the Legislative Fiscal Office that describe the status of the liquidated and delinquent accounts of the judicial branch of state government, and the efforts made to collect those liquidated and delinquent accounts during the immediately preceding fiscal year. The reports required under this subsection shall be in a form prescribed by the Legislative Fiscal Office and shall include but not be limited to:

����� (a) The total number of all liquidated and delinquent accounts, and the balance for those accounts, at the beginning of the fiscal year;

����� (b) The total number of all liquidated and delinquent accounts, and the balance for those accounts, at the end of the fiscal year;

����� (c) The liquidated and delinquent accounts that have been added during the immediately preceding fiscal year;

����� (d) The total amount collected on liquidated and delinquent accounts during the immediately preceding fiscal year;

����� (e) The total amount and total number of liquidated and delinquent accounts that have been written off during the immediately preceding fiscal year;

����� (f) The total amount and total number of liquidated and delinquent accounts that have been assigned for collection, and the collection efforts made for those accounts, during the immediately preceding fiscal year;

����� (g) The total amount and total number of liquidated and delinquent accounts that have been turned over to private collection agencies under ORS 1.197 and the total amount that has been collected by those agencies during the immediately preceding fiscal year;

����� (h) The total amount and total number of accounts that have ceased to be liquidated and delinquent during the fiscal year for reasons other than having been collected or written off;

����� (i) The total number and total amount of all liquidated and delinquent accounts that have been exempted under ORS 1.199;

����� (j) A statement indicating whether the reporting state court, commission, department or division in the judicial branch of state government has liquidated and delinquent accounts that are not exempt under ORS 1.198 or 1.199, or are otherwise prohibited or exempted by law from assignment, for which no payment has been received for more than 90 days and that have not been assigned to a private collection agency or to the Department of Revenue under ORS 1.197; and

����� (k) Any other information necessary to inform the Legislative Fiscal Office of the status of the liquidated and delinquent accounts of the judicial branch of state government.

����� (2) The Legislative Fiscal Office shall include information on the status of the liquidated and delinquent accounts of the judicial branch of state government in the annual report required under ORS 293.229. The information shall be based on the reports submitted under subsection (1) of this section.

����� (3) The reports required under subsection (1) of this section may be made by the State Court Administrator on behalf of some or all of the state courts and on behalf of some or all of the commissions, departments and divisions in the judicial branch of state government. [2001 c.823 �12; 2015 c.766 �2a]

����� 1.196 Agreement for reciprocal offsets. The State Court Administrator may enter into an intergovernmental agreement with the United States Financial Management Service and the Internal Revenue Service for the purpose of the reciprocal offsetting of the following amounts:

����� (1) Federal tax refunds of debtors, to be offset against liquidated and delinquent accounts of those debtors resulting from unpaid financial obligations imposed by state courts; and

����� (2) Overpayments to state courts, to be offset against federal tax obligations. [2009 c.791 �2]

����� 1.197 Assignment of liquidated and delinquent accounts to collection agencies; relinquishment of accounts by collection agencies; collections by Department of Revenue. (1) Except as otherwise provided by law, all state courts and all commissions, departments and divisions in the judicial branch of state government shall offer to assign the liquidated and delinquent accounts of the state court, commission, department or division to a private collection agency, or to the Department of Revenue under the provisions of ORS 293.250, not later than:

����� (a) One year from the date the account was liquidated if no payment has been received on the account within that year; or

����� (b) One year from the date of receipt of the most recent payment on the account.

����� (2) Nothing in subsection (1) of this section prohibits a state court or a commission, department or division in the judicial branch of state government from assigning a liquidated and delinquent account to a private collection agency at any time within the one-year period, or from assigning a liquidated and delinquent account to the Department of Revenue during the one-year period, if that assignment is otherwise allowed by law.

����� (3) Nothing in this section prevents a state court or a commission, department or division in the judicial branch of state government from assigning an account to the Department of Revenue for the purpose of seeking an offset against tax refunds or other amounts due the debtor at the time the account is assigned to a private collection agency. A state court and any commission, department or division in the judicial branch of state government that assigns the same account to both the Department of Revenue and a private collection agency shall ensure that both the Department of Revenue and the private collection agency are kept informed of the status of all collections made on the account.

����� (4) If a private collection agency is unable to collect on an account assigned under this section, the private collection agency shall notify the state court, commission, department or division that assigned the account that the private collection agency is unable to collect on the account and that the private collection agency will relinquish the account. The private collection agency shall relinquish the account within a reasonable time or within such time as may be set by agreement. A private collection agency that is assigned an account under this section shall be held to the same standard of confidentiality, service and courtesy imposed on a state court in collecting on liquidated and delinquent accounts.

����� (5) If a liquidated and delinquent account is assigned to the Department of Revenue as provided in ORS 293.250, the Department of Revenue shall have one year from the date of liquidation, or from the date of receipt of the most recent payment on the account, to collect a payment. If the Department of Revenue does not collect a payment within the one-year period or if one year has elapsed since the date of receipt of the most recent payment on the account, the Department of Revenue shall notify the state court, commission, department or division that assigned the account. The state court, commission, department or division shall then immediately offer assignment of the account to a private collection agency.

����� (6) For the purposes of this section, a state court or a commission, department or division in the judicial branch of state government shall be considered to have offered an account for assignment to a private collection agency if:

����� (a) The terms of the offer are of a type generally accepted by the collections industry for the type of account to be assigned; and

����� (b) The offer is made to a private collection agency that engages in the business of collecting the type of account to be assigned or made generally to private collection agencies through a bid or request for proposal process.

����� (7) The offer of assignment of accounts required under this section may be made by the State Court Administrator on behalf of some or all of the state courts and on behalf of some or all of the commissions, departments and divisions in the judicial branch of state government. [2001 c.823 �13]

����� 1.198 Exemptions from requirements of ORS 1.197. (1) ORS 1.197 does not apply to liquidated and delinquent accounts that are:

����� (a) Prohibited by state or federal law or regulation from assignment or collection; or

����� (b) Subject to collection through an offset of federal tax refunds pursuant to an agreement entered into under ORS 1.196.

����� (2) Notwithstanding ORS 1.197, a state court or a commission, department or division in the judicial branch of state government, acting in its sole discretion, may choose not to offer a liquidated and delinquent account to a private collection agency or to the Department of Revenue if the account:

����� (a) Is secured by a consensual security interest in real or personal property;

����� (b) Is based on that part of a judgment that requires payment of restitution or a payment to the Crime Victims� Assistance section of the Criminal Justice Division of the Department of Justice;

����� (c) Is in litigation, mediation or arbitration or is subject to a stay in bankruptcy proceedings;

����� (d) Is owed by a local or state government or by the federal government;

����� (e) Is owed by a debtor who is hospitalized in a state hospital as defined in ORS 162.135 or who receives public assistance as defined in ORS 411.010 or medical assistance as defined in ORS 414.025;

����� (f) Consists of moneys for which a district attorney has assumed collection responsibility under ORS 8.680;

����� (g) Consists of moneys owed by a person who is incarcerated;

����� (h) Is an account that was previously offered to a private collection agency and was refused, or that was previously assigned to a private collection agency and the agency thereafter relinquished the account;

����� (i) Is less than $100, including penalties; or

����� (j) Would result in loss of federal funding if assigned. [2001 c.823 �14; 2009 c.791 �3; 2013 c.688 �3]

����� 1.199 Policies and procedures for exempting accounts from requirements of ORS 1.197 and for ceasing collection efforts. (1) The State Court Administrator may establish policies and procedures for exempting accounts from the requirements of ORS 1.197. All policies establishing exemptions under this section must be documented and justified by the State Court Administrator.

����� (2) The State Court Administrator may establish criteria and standards by which state courts and commissions, departments and divisions in the judicial branch of state government may cease to make collection efforts for specified types of accounts. [2001 c.823 �15]

����� 1.200 Effect of ORS 1.194 to 1.200 on authority of judge. Nothing in ORS 1.194 to 1.200 limits or affects the ability of a judge of a state court to enforce, modify, set aside, suspend, delay, condition, schedule or take any other action authorized by law with respect to a debt or money obligation owed to this state. [2001 c.823 �16]

����� 1.202 Fee for establishing and administering account for judgment that includes monetary obligation; fee for judgment referred for collection. (1) All circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, shall add a fee of not more than $200 to any judgment that includes a monetary obligation that the court or judicial branch is charged with collecting. The fee shall cover the cost of establishing and administering an account for the debtor and shall be added without further notice to the debtor or further order of the court. The fee shall be added only if the court gives the defendant a period of time in which to pay the obligation after the financial obligation is imposed. Fees under this subsection shall be deposited in the General Fund.

����� (2) All circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, that use private collection agencies, the Department of Revenue or an offset of federal tax refunds pursuant to an agreement entered into under ORS 1.196 shall add a fee to any judgment referred for collection that includes a monetary obligation that the state court or the commission, department or division is charged with collecting. A fee to cover the costs of collecting judgments referred to the private collection agency, the Department of Revenue, the United States Financial Management Service or the Internal Revenue Service shall be added to the monetary obligation without further notice to the debtor or further order of the court. The fee may not exceed the actual costs of collecting the judgment.

����� (3) The fees described in subsections (1) and (2) of this section may not be added to any order or judgment arising from the actions of a person who:

����� (a) Was under 18 years of age at the time of the act or is subject to juvenile court probation; and

����� (b) Was not waived to circuit court for prosecution as an adult under ORS 419C.340.

����� (4) The Chief Justice of the Supreme Court may authorize or direct circuit courts and appellate courts of this state, and all commissions, departments and divisions in the judicial branch of state government, to waive or suspend the fees required to be added to judgments under this section. Except to the extent authorized by the Chief Justice, a court may not waive or suspend the fees required to be added to judgments under this section. [2001 c.823 �20; 2007 c.860 �32; 2009 c.484 �3; 2009 c.659 ��34,36; 2009 c.791 �4a; 2011 c.595 ��92,92a; 2021 c.215 �1; 2021 c.597 �7]

����� 1.204 [2001 c.823 �25 (enacted in lieu of 8.172); 2003 c.518 �11; repealed by 2011 c.595 �173]

JUDICIAL OFFICERS GENERALLY

����� 1.210 Judicial officer defined. A judicial officer is a person authorized to act as a judge in a court of justice.

����� 1.212 Oath of office for judges. (1) Before entering upon the duties of a judge of the Supreme Court, whether upon election or appointment as a judge of the Supreme Court or upon appointment as a senior judge or a judge pro tempore, a person must take and subscribe, and submit to the Secretary of State, an oath in the form provided by section 7, Article VII (Amended) of the Oregon Constitution.

����� (2) Except as provided in subsection (3) of this section, before entering upon the duties of a judge of the Court of Appeals, the Oregon Tax Court or a circuit court, a person who is appointed or elected to the office must take and subscribe, and submit to the Secretary of State, an oath in the following form:

______________________________________________________________________________

����� I, ____________, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a judge of the ______________ (court), according to the best of my ability, and that I will not accept any other office, except judicial offices, during the term for which I have been ________ (elected or appointed).

______________________________________________________________________________

����� (3) Before entering upon the duties of a judge pro tempore of the Court of Appeals, the Oregon Tax Court or a circuit court, a person must take and subscribe, and submit to the Secretary of State, an oath in the following form:

______________________________________________________________________________

����� I, ____________, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a judge of the ______________ (court), according to the best of my ability.

______________________________________________________________________________

����� (4) Before entering upon the duties of a senior judge of the State of Oregon, a person must take and subscribe, and submit to the Secretary of State, an oath in the following form:

______________________________________________________________________________

����� I, ____________, do solemnly swear (or affirm) that I will support the Constitution of the United States, and the Constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a senior judge of the State of Oregon, according to the best of my ability.

______________________________________________________________________________

����� (5) Subsections (3) and (4) of this section do not require that any person take an oath more than once during the term that the person is approved to serve as a senior judge or judge pro tempore, or that a person serving as a senior judge or judge pro tempore take the prescribed oath before each assignment as a judge of the Court of Appeals, Oregon Tax Court or circuit court. Subsection (3) of this section does not require that a judge assigned to serve as judge pro tempore under ORS 1.615 take any additional oath of office. [2003 c.518 �6]

����� 1.220 Judicial officer or partner acting as attorney. (1) Except as provided in this section, a judicial officer appointed or elected to a full-time position may not act as an attorney in an action or proceeding.

����� (2) A judicial officer appointed or elected to a full-time position may act as an attorney in an action or proceeding if the judicial officer is an active licensee of the Oregon State Bar and is either a party to the action or proceeding or the judicial officer has a direct interest in the action or proceeding.

����� (3) A judge of a county court or justice court who is an active licensee of the Oregon State Bar:

����� (a) May act as an attorney in a court other than the court in which the judge presides; and

����� (b) May not be engaged in the practice of law with an attorney who appears in the court in which the judge presides.

����� (4) A judge pro tempore may not preside in an action or proceeding if an attorney who is engaged in the practice of law with the judge appears in the action or proceeding. [Amended by 2007 c.547 �4; 2025 c.32 �60]

����� 1.230 Powers of a judge out of court. A judge may exercise, out of court, all the powers expressly conferred upon a judge as distinguished from a court, and not otherwise.

����� 1.240 Powers of judicial officers. Every judicial officer has power:

����� (1) To preserve and enforce order in the immediate presence of the judicial officer, and in the proceedings before the judicial officer, when the judicial officer is performing a duty imposed by statute.

����� (2) To compel obedience to the lawful orders of the judicial officer, as provided by statute.

����� (3) To compel the attendance of persons to testify in a proceeding pending before the judicial officer in the cases and manner provided by statute.

����� (4) To administer oaths in a proceeding pending before the judicial officer, and in all other cases where it may be necessary, in the exercise of the powers and the performance of the duties of the judicial officer.

����� 1.250 Punishment for contempt. For the effectual exercise of the powers specified in ORS 1.240, a judicial officer may punish for contempt, in the cases and manner provided by statute.

����� 1.260 Powers of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit courts; where powers may be exercised. The judges of the Supreme Court, the Court of Appeals, the Oregon Tax Court and the circuit courts have power in any part of the state:

����� (1) To take and certify:

����� (a) The proof and acknowledgment of a conveyance of real property, or any other written instrument authorized or required to be proved or acknowledged.

����� (b) The acknowledgment of satisfaction of a judgment in any court.

����� (c) An affidavit or deposition to be used in any court of justice or other tribunal of this state.

����� (2) To exercise any other power and perform any other duty conferred or imposed upon them by statute. [Amended by 1963 c.423 �1; 1969 c.198 �18]

����� 1.270 Powers of other judicial officers; where powers may be exercised. Every other judicial officer may, within the county, city, district or precinct in which the judicial officer is chosen:

����� (1) Exercise the powers mentioned in ORS 1.260 (1).

����� (2) Exercise any other power and perform any other duty conferred or imposed upon the judicial officer by statute.

����� 1.280 [1959 c.552 �4; repealed by 1981 s.s. c.1 �25]

����� 1.290 Leaves of absence. (1) As used in this section, unless the context requires otherwise, �judge� means any judge of the Supreme Court, the Court of Appeals, the Oregon Tax Court or any circuit court, but does not include any person appointed by the Supreme Court as judge pro tempore of any of those courts who does not hold the elective office of judge of any of those courts.

����� (2) Upon receipt of the written application of any judge, the Supreme Court may grant the judge a leave of absence without salary for a period of not more than one year. The Supreme Court may grant a leave of absence only if the court is satisfied that the administration of justice in Oregon will be enhanced by granting the leave. Application for a leave of absence is considered a waiver of salary by the applicant for the period of time the applicant is absent under the leave granted by the court.

����� (3) A leave of absence shall be granted by order of the Supreme Court. The order shall state the maximum period of time for which the leave is granted. Promptly after the granting of the leave, the State Court Administrator shall cause a certified copy of the order granting the leave to be sent to the Secretary of State and the Public Employees Retirement Board.

����� (4) At the termination of leave of absence under this section, unless the judge sooner dies or resigns, a judge shall resume the duties of office and cause written notice of the resumption to be sent to the Supreme Court, the Secretary of State and the Public Employees Retirement Board. The resumption and sending notice thereof constitutes a termination of the leave whether or not the full maximum period of time granted has expired.

����� (5) Absence on leave by a judge under this section does not create a vacancy in the office to which the judge was elected or appointed, nor is the judge subject to removal as a consequence thereof.

����� (6) Absence on leave under this section by a judge who is a member of the Public Employees Retirement System under ORS chapter 238 does not break the continuity of the membership of the judge in the system. [1965 c.12 �1; 1969 c.198 �19; 1971 c.193 �8; 1991 c.815 �2]

����� 1.300 Senior judge; assignment; duties and powers; compensation and expenses. (1) A judge who retires from the circuit court, Oregon Tax Court, Court of Appeals or Supreme Court, except a judge retired under the provisions of ORS 1.310, may be designated a senior judge of the State of Oregon by the Supreme Court and, if so designated, shall be so certified by the Secretary of State.

����� (2)(a) Upon filing with the Secretary of State an oath of office as a senior judge as prescribed in ORS 1.212, a senior judge is eligible for temporary assignment, with the consent of the senior judge, by the Chief Justice of the Supreme Court or the designee of the Chief Justice, to a state court as provided in this subsection, whenever the Chief Justice or the designee of the Chief Justice determines that the assignment is reasonably necessary and will promote the efficient administration of justice.

����� (b) A senior judge who retired from the Supreme Court may be assigned under this subsection to any state court.

����� (c) A senior judge who retired from a court other than the Supreme Court may be assigned under this subsection to any state court other than the Supreme Court.

����� (d) A senior judge assigned to serve as a circuit court judge may be assigned under this subsection to serve in any one or more counties or judicial districts during the term of the assignment.

����� (3) The assignment of a senior judge shall designate the court or courts to which the judge is assigned and the duration of the assignment. The Chief Justice or the designee of the Chief Justice shall promptly notify the senior judge, and the court or courts to which the judge is assigned, of the assignment.

����� (4) Each senior judge assigned as provided in this section has all the judicial powers and duties, while serving under the assignment, of a regularly elected and qualified judge of the court to which the senior judge is assigned. The powers, jurisdiction and judicial authority of the senior judge in respect to any case or matter tried or heard by the senior judge while serving under the assignment shall continue beyond the expiration of the assignment so far as may be necessary to:

����� (a) Decide and dispose of any case or matter on trial or held under advisement.

����� (b) Hear and decide any motion for a new trial or for a judgment notwithstanding a verdict, or objections to any cost bill, that may be filed in the case.

����� (c) Settle a transcript for appeal and grant extensions of time therefor.

����� (5) A senior judge assigned as provided in this section shall receive as compensation for each day the senior judge is actually engaged in the performance of duties under the assignment an amount equal to five percent of the gross monthly salary of a regularly elected and qualified judge of the court to which the senior judge is assigned, or one-half of that daily compensation for services of one-half day or less. However, a retired judge shall not receive for services as a senior judge during any calendar year a sum of money which when added to the amount of any judicial retirement pay received by the senior judge for the year exceeds the annual salary of a judge of the court from which the senior judge retired. The compensation shall be paid upon the certificate of the senior judge that the services were performed for the number of days shown in the certificate. Services by a senior judge under an assignment and receipt of compensation for services shall not reduce or otherwise affect the amount of any retirement pay to which the senior judge otherwise would be entitled.

����� (6) A senior judge assigned to a court located outside the county in Oregon in which the senior judge regularly resides shall receive, in addition to daily compensation, reimbursement for hotel bills and traveling expenses necessarily incurred in the performance of duties under the assignment. The expenses shall be paid upon presentation of an itemized statement of the expenses, certified by the senior judge to be correct. [1973 c.452 �2; 1975 c.706 �9; 1979 c.56 �1; 1983 c.628 �1; 1987 c.762 �2; 2003 c.518 �7; 2023 c.302 �2]

����� 1.303 Disability of judge; procedures upon receipt by Chief Justice of complaint or information. (1) As used in this section and ORS 1.425:

����� (a) �Judge� means a judge of any court of this state.

����� (b) �Subject judge� means a judge whose alleged disability is involved in proceedings under this section or ORS 1.425.

����� (c) �Disability� means a physical or mental condition of a judge, including but not limited to impairment derived in whole or in part from habitual or excessive use of intoxicants, drugs or controlled substances, that significantly interferes with the capacity of the judge to perform judicial duties. A disability may be permanent or temporary.

����� (2) When the Chief Justice of the Supreme Court receives a complaint as provided in ORS