2017 ORS 14.210¹
Disqualification of judge for cause
  • application of section
  • waiver

(1) A judge shall not act as such in a court of which the judge is a member in any of the following circumstances:

(a) The judge shall not act as judge if the judge is a party to or directly interested in the action, suit or proceeding, except that the judge shall not be disqualified from acting as such in a case in which the judge is added as a party after taking any official action as a judge in the action, suit or proceeding, and in that case the judge shall be dismissed as a party without prejudice.

(b) Except as provided in ORS 2.111 (Departments of court) and 2.570 (Departments of court), a judge shall not act as judge if the judge was not present and sitting as a member of the court at the hearing of a matter submitted for its decision. A judge may sign an order or judgment reflecting a decision made by another judge if, for good cause, the judge who made the decision is not available.

(c) A judge shall not act as judge if the judge is related to any party, or to the attorney for any party, or to the partner or office associate of any such attorney, by consanguinity or affinity within the third degree.

(d) A judge shall not act as judge if the judge has been attorney in the action, suit or proceeding for any party.

(e) If appeal is made from a decision of another court, or judicial review of a decision of an administrative agency is sought, a judge shall not act as judge on appeal if the judge participated in making the decision that is subject to review.

(2) This section does not apply to an application to change the place of trial, or the regulation of the order of business in court. In the circumstances specified in subsection (1)(c) and (d) of this section, the disqualification shall be deemed waived by the parties unless a motion for disqualification of the judge is made as provided by statute or court rule. [Amended by 1983 c.763 §59; 1999 c.659 §3]

Notes of Decisions

Prohibi­tion against judge trying case in which judge is party is di­rected at judicial of­fi­cers individually and has no effect on jurisdic­tion of court. Meyer v. Joseph, 59 Or App 661, 652 P2d 1 (1982)

1 Legislative Counsel Committee, CHAPTER 14—Jurisdiction; Venue; Change of Judge, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors014.­html (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 14, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano014.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.