(1) Except as provided in subsection (7) of this section, any justice court may become a court of record by:
(a) The passage of an ordinance by the governing body of the county in which the court is located; and
(b) The entry of an order by the Supreme Court acknowledging the filing of the declaration required under subsection (2) of this section.
(2) Before a justice court may become a court of record, the governing body of the county in which the court is located must file a declaration with the Supreme Court that includes:
(a) A statement that the justice court satisfies the requirements of this section for becoming a court of record;
(b) The address and telephone number of the clerk of the justice court; and
(c) The date on which the justice court will commence operations as a court of record.
(3) The Supreme Court may not charge a fee for filing a declaration under subsection (2) of this section. Not later than 30 days after a declaration is filed under subsection (2) of this section, the Supreme Court shall enter an order acknowledging the filing of the declaration and give notice of the order of acknowledgment to the county and the public.
(4) The county shall provide a court reporter or an audio recording device for each justice court made a court of record under this section.
(5) The appeal from a judgment entered in a justice court that becomes a court of record under this section shall be as provided in ORS chapters 19 and 138 for appeals from judgments of circuit courts.
(6) As a qualification for the office, the justice of the peace for any justice court that becomes a court of record must be a member of the Oregon State Bar.
(7) A justice court may not become a court of record under the provisions of this section if the court is located within 50 driving miles of the circuit court for the county in which the justice court is located, measured by the shortest distance by public roads between the justice court and the circuit court. [1999 c.682 §1; 2007 c.330 §1]
Note: Section 4, chapter 682, Oregon Laws 1999, provides:
Sec. 4. Sections 1 (3) and 3 (3) of this 1999 Act [51.025 (3) and 221.342 (3)] do not affect the term of office of any justice of the peace or municipal judge serving on the effective date of an ordinance passed for the purpose of making a justice court or municipal court a court of record. Any justice of the peace or municipal judge elected or appointed after the effective date of the ordinance must, as a qualification for the office, be a member of the Oregon State Bar. [1999 c.682 §4]
Note: Section 3, chapter 330, Oregon Laws 2007, provides:
Sec. 3. (1) On or before June 30, 2008, any justice court that is operating as a court of record on January 1, 2008, must file a declaration with the Supreme Court that includes:
(a) A statement that the justice court satisfies the requirements of ORS 51.025 for becoming a court of record;
(b) The address and telephone number of the clerk of the justice court; and
(c) The date on which the justice court commenced operations as a court of record.
(2) The Supreme Court may not charge a fee for filing a declaration under subsection (1) of this section. Not later than 30 days after a declaration is filed under subsection (1) of this section, the Supreme Court shall enter an order acknowledging the filing of the declaration and give notice of the order of acknowledgment to the county and the public. [2007 c.330 §3]
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