Title 1 · ORS Chapter 1

in 1999]

Citation: ORS 1.187

Section: 1.187

1.187 in 1999]

����� 1.169 [1987 c.559 �2; 1989 c.1008 �1; 1995 c.781 �5; repealed by 1995 c.658 �127]

����� 1.170 [Repealed by 1981 s.s. c.3 �141]

����� 1.171 Powers and duties of presiding judge for judicial district. (1) A presiding judge appointed under ORS 1.003 is presiding judge for the circuit court of a judicial district established under ORS 3.012.

����� (2) The presiding judge, to facilitate exercise of administrative authority and supervision over the circuit court of the district and consistent with applicable provisions of law and the Oregon Rules of Civil Procedure, may:

����� (a) Apportion and otherwise regulate the disposition of the judicial business of the circuit court of the judicial district; and

����� (b) Make rules, issue orders and take other action appropriate to that exercise.

����� (3) The presiding judge may assign actions and proceedings pending before a court to other judges of the judicial district for hearing and disposition. A judge who is assigned an action or proceeding under this subsection shall hear and dispose of the assigned action or proceeding unless the presiding judge withdraws the assignment for good cause shown.

����� (4) The presiding judge may delegate the exercise of any of the administrative powers of the presiding judge to another judge of the court or to the trial court administrator for the judicial district. [1995 c.781 �1; 1997 c.801 �146; 2009 c.484 �2]

����� 1.175 Docket priorities. Any time a court of this state is directed by a provision of Oregon Revised Statutes to accord priority on its docket for a particular action or proceeding, and the priority to be accorded is unclear in light of other provisions of Oregon Revised Statutes, the court may accord such priorities as are consistent with:

����� (1) Specific statutory time limits; and

����� (2) The court�s efficient administration of its caseload, giving due consideration to the interests sought to be furthered by according docket priorities to certain actions or proceedings before the court. [1989 c.322 �2]

COURT FACILITIES

����� 1.176 Capital improvements to county courthouses; plan; report. (1) The Chief Justice of the Supreme Court shall develop a biennial plan for capital improvements to county courthouses. The plan shall prioritize the need for capital improvements in the counties and establish budgets for capital improvement projects. The list of projects and costs of those projects shall be submitted to the Legislative Assembly with the Judicial Department�s request for an allocation from the Criminal Fine Account for the purpose of funding the State Court Facilities and Security Account established under ORS 1.178.

����� (2) The Chief Justice of the Supreme Court shall prepare a biennial report to the Legislative Assembly that reflects the original budget of projects funded in whole or part with amounts from the State Court Facilities and Security Account, any revisions to those budgets, and the amounts from the account actually expended on those projects. [2011 c.689 �2; 2011 c.597 �312]

����� 1.177 State plan for security, emergency preparedness and business continuity for court facilities; Chief Judicial Marshal; deputy judicial marshals. (1) The Chief Justice of the Supreme Court may adopt state standards, and a state plan, for:

����� (a) State court security, emergency preparedness and business continuity for facilities used by the judges or staff of a court operating under the Judicial Department or the staff of the office of the State Court Administrator; and

����� (b) The physical security of the judges or staff of a court operating under the Judicial Department or the staff of the office of the State Court Administrator.

����� (2)(a) The Chief Justice may appoint a Chief Judicial Marshal and other deputy judicial marshals charged with:

����� (A) Implementing a state plan adopted under subsection (1) of this section;

����� (B) Ensuring the physical security and safety of judges of a court operating under the Judicial Department;

����� (C) Ensuring the physical security and safety of the staff of a court operating under the Judicial Department, the staff of the office of the State Court Administrator and the public in and around court facilities as defined in ORS 166.360; and

����� (D) Ensuring the security of the real and personal property owned, controlled, occupied or used by the Judicial Department.

����� (b) Persons appointed as judicial marshals under this section are subject to the personnel rules and policies established by the Chief Justice under ORS 1.002.

����� (c) When appointed and duly sworn by the Chief Justice, judicial marshals appointed under this section who are trained pursuant to ORS 181A.540 have the authority given to peace officers of this state for the purposes of carrying out the duties of their employment.

����� (d) The Chief Justice may define the duties of judicial marshals appointed under this section.

����� (e) Judicial marshals granted the authority of a peace officer under this section who detain any person in accordance with the marshal�s duties retain the authority until the law enforcement agency having general jurisdiction over the area in which the person is detained assumes responsibility for the person.

����� (3) Except as provided in this subsection, a plan adopted under this section and all documents related to development of the plan are confidential and need not be disclosed under the provisions of ORS 192.311 to 192.478. The Chief Justice may authorize the disclosure of all or part of a plan prepared under this section if the Chief Justice determines that the interest of the public would be served by the disclosure and that the disclosure will not impair the integrity of the plan. Records of expenditures for a plan adopted under this section and records of equipment purchased under the plan are not confidential under the provisions of this subsection, and are subject to disclosure as public records under the provisions of ORS 192.311 to 192.478. [2005 c.804 �3; 2012 c.88 �1; 2012 c.107 �104; 2013 c.154 �1; 2021 c.173 �2]

����� 1.178 State Court Facilities and Security Account. (1) The State Court Facilities and Security Account is established separate and distinct from the General Fund. The account consists of moneys allocated to the account under the provisions of ORS 137.300. Moneys in the account are continuously appropriated to the State Court Administrator for the purposes described in subsection (2) of this section.

����� (2) Expenditures by the State Court Administrator from the State Court Facilities and Security Account shall be made only for the following purposes:

����� (a) Developing or implementing the plan for state court security, emergency preparedness, business continuity and physical security adopted under ORS 1.177.

����� (b) Statewide training on state court security.

����� (c) Distributions to court facilities security accounts maintained under ORS 1.179.

����� (d) Capital improvements for courthouses and other state court facilities. [2005 c.804 �4; 2011 c.597 �61; 2012 c.107 �76; 2013 c.154 ��2,3]

����� 1.179 Court facilities security accounts; funding; expenditures; reports. (1) The county treasurer shall deposit moneys received from distributions under ORS 1.178 into a court facilities security account maintained by the county treasurer. The following apply to the account:

����� (a) The moneys in the account and interest upon the account are reserved for the purpose of providing security in buildings that contain state court or justice court facilities other than the Supreme Court, Court of Appeals, Oregon Tax Court or office of the State Court Administrator located within the county.

����� (b) Expenditures by the county governing body from the court facilities security account shall be made only for developing or implementing a plan for court security improvement, emergency preparedness and business continuity under ORS 1.180.

����� (c) Moneys deposited in the account from distributions under ORS 1.178 and expended under the provisions of this section shall be in addition to any other moneys expended by the county on court facilities security programs and personnel. A county shall not reduce other expenditures on court facilities security programs and personnel by reason of the additional moneys provided from distributions under ORS 1.178.

����� (d) The county treasurer may charge against the court facilities security 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 distributions under ORS 1.178 for that year.

����� (e) The county treasurer shall provide to the county governing body, the Advisory Committee on Court Security and Emergency Preparedness and the presiding judge of the judicial district at least quarterly a financial report showing all revenues, deposits and expenditures from the court facilities security account maintained by the county treasurer. The county treasurer may charge against the court facilities security account the actual costs associated with providing financial reports under this paragraph.

����� (f) The presiding judge of the judicial district shall provide to the Chief Justice of the Supreme Court a financial report showing all revenues, deposits and expenditures from the court facilities security account for each fiscal year. The report shall be submitted to the Chief Justice not later than August 30 of each year.

����� (2) Except as otherwise provided in subsection (3) of this section, a county may not reduce its actual operating expenditures on court facilities security programs and personnel, including funds from all local sources, exclusive of state and federal funds and other short term special funding, below the level of such expenditures in the preceding fiscal year beginning with the 1992-1993 fiscal year.

����� (3) A county may reduce the operating expenditures described in subsection (2) of this section if the reduction is in an amount no greater than the average reduction in general fund commitment to all county agencies during the fiscal period. [Formerly