2015 ORS 135.155¹
Retention of record and statements by magistrate
  • inspection

The magistrate shall keep the record of the preliminary hearing and the statement of the defendant, if any, until the record is returned to the proper court and shall not permit the record to be inspected by any person, except the district attorney of the county or the attorney who acts for the district attorney and the defendant and the counsel of the defendant. [Formerly 133.750; 1991 c.790 §15]

Notes of Decisions

Under Oregon Constitu­tion, per­son may be charged with felony either by grand jury indict­ment or by district attorney in­for­ma­­tion after showing of probable cause at preliminary hearing, and it is within district attorney's discre­tion to decide which pro­ce­dure to use so long as exercise thereof complies with Equality of Privileges Clause of Oregon Constitu­tion. State v. Eells, 72 Or App 492, 696 P2d 564 (1985), Sup Ct review denied

Where defendant is initially charged by in­for­ma­­tion, but later indicted, defendant does not retain right to preliminary hearing unless use of indict­ment was for improper purpose. State v. Marsh, 132 Or App 416, 888 P2d 580 (1995)


1 Legislative Counsel Committee, CHAPTER 135—Arraignment and Pretrial Provisions, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors135.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 135, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano135.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.