ORS 1.420: Investigation; hearings; consent to discipline; recommendation; temporary suspension.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(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 1.303. (3) When a hearing is held by the commission or by masters as authorized in subsection (1) of this section, the hearing shall be public and all the testimony and evidence given and received in the hearing shall be public records. The judge shall have the right to be present at such hearing, to be represented by counsel, to present testimony and evidence and to cross-examine witnesses. (4) If, after hearing or after considering the record and report of the masters, the commission finds that the conduct of the judge justifies censure, suspension or removal from office, the commission shall recommend to the Supreme Court the censure or suspension or removal of the judge. (5) The Supreme Court by order may temporarily suspend a judge whose conduct is the subject of proceedings under this section from exercising any judicial functions during the pendency of those proceedings. [1967 c.294 §7; 1971 c.511 §3; 1987 c.520 §5; 1997 c.720 §1]
This rule cites
- ORS 1.303 — resolved
Cited by
- ORS 1.303: Disability of judge; procedures upon receipt by Chief Justice of complaint or information.
- ORS 1.415: Powers and duties of commission; rules.
- ORS 1.425: Commission proceedings upon receipt of complaint of disability; hearing; physical examination; disposition.
- ORS 1.430: Supreme Court review; censure; order of suspension or removal.
- ORS 1.440: Status of records of proceedings under ORS 1.420 or 1.425.
- ORS 1.450: Status of testimony in proceedings under ORS 1.420 or 1.425.
- ORS 1.460: Judge not to participate in proceedings involving self except in defense.
- ORS 1.470: Service of process; proof; return; witness fees.
- ORS 1.475: Procedure when process not obeyed.
- ORS 3.300: Establishment and termination of panel for disposition of civil actions in circuit court; eligibility for panel; limitation on powers.
Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors001.html