ORS 1.430
Supreme Court review

  • censure
  • order of suspension or removal

(1)

If a hearing has been held under ORS 1.420 (Investigation), the Supreme Court shall review the record of the proceedings on the law and facts and may receive additional evidence. The Supreme Court may censure the judge or it may order the judge suspended or removed from office.

(2)

If the commission has agreed to allow the judge to submit a consent to censure, suspension or removal, the Supreme Court shall review the stipulation of facts and the disciplinary action to which the judge has consented. If the Supreme Court approves the consent, the court shall censure the judge or order the judge suspended or removed from office pursuant to the terms of the consent. If the Supreme Court rejects the consent and stipulation in full, the court shall remand the matter to the commission for a hearing under ORS 1.420 (Investigation). The hearing shall be conducted as though the consent and stipulation had never been entered into, and the stipulations made by the judge may not be considered as evidence by the commission in the hearing. If the Supreme Court accepts the stipulation of facts but rejects the disciplinary action agreed to by the judge and the commission, the court may remand the matter to the commission for such further fact-finding as the court may direct on the issue of the appropriate discipline for the conduct, and may request that the matter be briefed and argued before the court. The Supreme Court may thereafter censure the judge, or enter an order suspending or removing the judge, as the court finds appropriate under the law and the facts.

(3)

Upon an order for removal, the judge shall be removed from office and the salary of the judge shall cease and the office of the judge is vacant on the date of such order.

(4)

Upon an order of suspension, the judge shall be suspended from office for the period specified in the order and the salary of the judge shall cease, if so ordered, from the date of the order until the end of the specified period. Suspension does not create a vacancy in the office of judge during the period of suspension. [1967 c.294 §7; 1971 c.511 §3; 1997 c.720 §2]

Source: Section 1.430 — Supreme Court review; censure; order of suspension or removal, https://www.­oregonlegislature.­gov/bills_laws/ors/ors001.­html.

Notes of Decisions

Since there are no separate grounds for suspension, in recommending suspension the commission must prove the accused was guilty of one of the specific grounds for removal as stated in Article VII (Amended), §8. In re Piper, 271 Or 726, 534 P2d 159 (1975)

The requirements of Article VII (Amended), §1, cannot be modified by statute. In re Piper, 271 Or 726, 534 P2d 159 (1975)

Continued work by the accused upon four decedents’ estates over a period of 10 years after becoming a circuit judge did not involve “moral turpitude.” In re Piper, 271 Or 726, 534 P2d 159 (1975)

Where a judge was regularly employed as a part-time teacher for pay by a state-funded institution of higher education, Article III Section 1 of the Oregon Constitution was violated and would subject him to discipline if he continued in that employment. In the Matter of Sawyer, 286 Or 369, 594 P2d 805 (1979)

Proceedings under this section are not criminal and burden of proof, as in bar disciplinary cases, is proof by clear and convincing evidence. In re Jordan, 290 Or 303, 622 P2d 297 (1981)

Conduct of judge in giving false testimony constitutes misconduct which “bears a demonstrable relationship to the effective performance of his judicial duties” as provided in Oregon Constitution Art. VII (Am.), sec. 8 (1)(b). In re Jordan, 290 Or 303, 622 P2d 297 (1981)

1.001
State policy for courts
1.002
Supreme Court
1.003
Chief Justice’s powers to appoint Chief Judge and presiding judges
1.004
Supreme Court rules governing coordination of class actions
1.005
Credit card transactions for fees, security deposits, fines and other court-imposed obligations
1.006
Supreme Court rules
1.007
Judicial Department Revolving Account
1.008
Personnel plan, fiscal plan and property plan
1.009
Judicial Department Operating Account
1.010
Powers of courts in administration of court business and proceedings
1.012
State Court Technology Fund
1.020
Contempt punishment
1.025
Duty of court and court officers to require performance of duties relating to administration of justice
1.030
Seal
1.040
Sittings of court to be public
1.050
Time for decision on submitted questions
1.060
Days for transaction of judicial business
1.070
When court deemed appointed for next judicial day
1.080
Place of holding court
1.085
Chief Justice to designate principal location for sitting of courts
1.090
Trial elsewhere than at usual location on agreement of parties
1.110
Adjournment when judge does not attend
1.120
Proceedings unaffected by vacancy in office
1.130
Power to adjourn proceedings
1.140
Manner of addressing application or proceeding to court or judge
1.150
Proceedings to be in English
1.160
Means to carry jurisdiction into effect
1.171
Powers and duties of presiding judge for judicial district
1.175
Docket priorities
1.176
Capital improvements to county courthouses
1.177
State plan for security, emergency preparedness and business continuity for court facilities
1.178
State Court Facilities and Security Account
1.180
Advisory committees on court security and emergency preparedness
1.182
Court facilities security accounts
1.185
County to provide courtrooms, offices and jury rooms
1.187
State to provide supplies and personal property for courts
1.188
Surcharge on fines for courthouse
1.189
Courthouse surcharge accounts
1.194
Definitions for ORS 1.194 to 1.200
1.195
Reports on liquidated and delinquent accounts of state courts
1.196
Agreement for reciprocal offsets
1.197
Assignment of liquidated and delinquent accounts to collection agencies
1.198
Exemptions from requirements of ORS 1.197
1.199
Policies and procedures for exempting accounts from requirements of ORS 1.197 and for ceasing collection efforts
1.200
Effect of ORS 1.194 to 1.200 on authority of judge
1.202
Fee for establishing and administering account for judgment that includes monetary obligation
1.210
Judicial officer defined
1.212
Oath of office for judges
1.220
Judicial officer or partner acting as attorney
1.230
Powers of a judge out of court
1.240
Powers of judicial officers
1.250
Punishment for contempt
1.260
Powers of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit courts
1.270
Powers of other judicial officers
1.290
Leaves of absence
1.300
Senior judge
1.303
Disability of judge
1.305
Commencement of judicial term of office
1.310
Involuntary retirement of judges for disability
1.410
Commission on Judicial Fitness and Disability
1.415
Powers and duties of commission
1.420
Investigation
1.425
Commission proceedings upon receipt of complaint of disability
1.430
Supreme Court review
1.440
Status of records of proceedings under ORS 1.420 or 1.425
1.450
Status of testimony in proceedings under ORS 1.420 or 1.425
1.460
Judge not to participate in proceedings involving self except in defense
1.470
Service of process
1.475
Procedure when process not obeyed
1.480
Officers
1.525
Uniform citation and petition forms for certain offenses
1.550
Private counsel for judges
1.560
Procedure for employment of private counsel
1.570
Claims for compensation of private counsel
1.600
Appointment pro tempore to Supreme Court or Court of Appeals
1.605
Compensation and expenses for judges under ORS 1.600
1.615
Appointment pro tempore to tax court or circuit court
1.625
Compensation and expenses for judges under ORS 1.615
1.635
Appointment pro tempore of eligible person to tax court or circuit court
1.645
Transfer, challenge, disqualification, supervision of person appointed under ORS 1.635
1.655
Extension and termination of appointment under ORS 1.635
1.665
Compensation and expenses of persons appointed under ORS 1.635
1.675
Judge pro tempore ineligible to participate in selection or removal of Chief Justice, Chief Judge or presiding judge
1.725
Legislative findings
1.730
Council on Court Procedures
1.735
Rules of procedure
1.740
Employment of staff
1.745
Laws on civil pleading, practice and procedure deemed rules of court until changed
1.750
Legislative Counsel to publish rules
1.755
Gifts, grants and donations
1.760
Legislative advisory committee
1.810
Judicial conference
1.820
Function of conference
1.830
Meetings
1.840
Annual report
1.851
Local criminal justice advisory councils
1.855
State Court Administrator to establish registry of justice and municipal courts
1.860
Reports relating to municipal courts and justice courts
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