Title 1 · ORS Chapter 1
and 1.326 enacted in lieu of 1.320); 1963 c.464 �4; repealed by 1991
Citation: ORS 1.322
Section: 1.322
1.322 and 1.326 enacted in lieu of 1.320); 1963 c.464 �4; repealed by 1991 c.815 �21]
����� 1.328 [1959 c.551 ��10,11; repealed by 1961 c.568 �5]
����� 1.330 [Amended by 1961 c.568 �3; 1963 c.464 �5; 1965 c.394 �5; 1969 c.332 �6; 1971 c.101 �3; repealed by 1991 c.815 �21]
����� 1.340 [Amended by 1953 c.529 �5; 1955 c.496 �2; 1955 c.511 �1; 1959 c.551 �6; 1961 c.568 �4; 1963 c.464 �6; 1965 c.394 �6; 1969 c.332 �7; 1971 c.101 �4; 1983 c.770 �14; repealed by 1991 c.815 �21]
����� 1.343 [1979 c.609 �2; 1983 c.770 �15; 1989 c.757 �2; 1991 c.796 �8; repealed by 1991 c.815 �21]
����� 1.345 [1961 c.702 �5; repealed by 1963 c.464 �10]
����� 1.346 [1977 c.84 �2; repealed by 1991 c.815 �21]
����� 1.350 [Amended by 1959 c.551 �7; 1963 c.464 �7; 1969 c.332 �8; 1989 c.966 �1; repealed by 1991 c.815 �21]
����� 1.355 [1963 c.464 �2; 1973 c.704 �1; 1975 c.614 �1; repealed by 1991 c.815 �21]
����� 1.360 [Amended by 1953 c.529 �5; 1959 c.551 �8; 1961 c.702 �1; 1963 c.464 �8; 1965 c.394 �7; 1969 c.332 �9; 1975 c.125 �3; 1975 c.614 �2; repealed by 1991 c.815 �21]
����� 1.365 [1987 c.625 �6; repealed by 1991 c.815 �21]
����� 1.370 [Repealed by 1963 c.464 �10]
����� 1.380 [Amended by 1963 c.464 �9; subsection (7) enacted as 1969 c.332 �11; subsection (8) enacted as 1969 c.332 �17; repealed by 1991 c.815 �21]
����� 1.385 [1969 c.332 �15; repealed by 1991 c.815 �21]
����� 1.387 [1979 c.727 �1; 1981 c.684 �1; repealed by 1991 c.815 �21]
����� 1.390 [1969 c.332 �10; repealed by 1991 c.815 �21]
COMMISSION ON JUDICIAL FITNESS AND DISABILITY
����� 1.410 Commission on Judicial Fitness and Disability; term; Senate confirmation. (1) There is created the Commission on Judicial Fitness and Disability consisting of:
����� (a) Three judges appointed by the Supreme Court;
����� (b) Three persons appointed by the Board of Governors of the Oregon State Bar from among persons admitted to practice law in this state; and
����� (c) Three persons appointed by the Governor who are not qualified under either paragraph (a) or (b) of this subsection.
����� (2) The term of a member is four years, but whenever a member ceases to meet the qualifications under which the member was appointed, membership shall end. Before the expiration of the term of a member, a successor shall be appointed to perform the functions of a member on the day next following expiration of the term of the member. In case of a vacancy for any cause, the appointing authority shall make an appointment to become immediately effective for a four-year term.
����� (3) Appointments by the Governor are subject to confirmation by the Senate in the manner provided in ORS 171.562 and 171.565. [1967 c.294 �2; 1969 c.695 �16; 1971 c.511 �1; 1985 c.565 �2]
����� 1.415 Powers and duties of commission; rules. (1) The Commission on Judicial Fitness and Disability may:
����� (a) Subject to the State Personnel Relations Law, appoint such subordinates and employees as the commission considers necessary to carry out the duties and powers vested in the commission.
����� (b) Request the assistance of and compensate physicians, expert witnesses and special counsel.
����� (c) By its chairperson or vice chairperson, take and preserve testimony and administer oaths to witnesses on any matter within its jurisdiction.
����� (2) Upon majority vote of the members of the commission or upon request of a judge whose conduct is subject to a hearing under ORS 1.420 or a judge whose alleged disability is subject to a hearing under ORS 1.425, the chairperson or vice chairperson of the commission shall issue any processes necessary to compel the attendance of witnesses and the production of any books, papers, records or documents as may be required.
����� (3) The commission shall adopt rules of procedure governing proceedings under ORS 1.420 and 1.425. [1967 c.294 �10; 1987 c.520 �4]
����� 1.420 Investigation; hearings; consent to discipline; recommendation; temporary suspension. (1) Upon complaint from any person concerning the conduct of a judge or upon request of the Supreme Court, and after such investigation as the Commission on Judicial Fitness and Disability considers necessary, the commission may do any of the following:
����� (a) The commission may hold a hearing pursuant to subsection (3) of this section to inquire into the conduct of the judge.
����� (b) The commission may request the Supreme Court to appoint three qualified persons to act as masters, to hold a hearing pursuant to subsection (3) of this section and maintain a record on the matter referred to them and to report to the commission on the conduct of the judge.
����� (c) The commission may allow the judge to execute a consent to censure, suspension or removal. If a consent is entered into under this paragraph, the judge and the commission must enter into a written stipulation of facts. The consent and stipulation of facts shall be submitted by the commission to the Supreme Court.
����� (2) If the commission receives a complaint that appears to indicate that a judge has a disability as defined in ORS 1.303, the commission may refer the complaint to the Chief Justice of the Supreme Court for appropriate proceedings under ORS