Courts and Judicial Officers Generally

ORS 1.025
Duty of court and court officers to require performance of duties relating to administration of justice

  • enforcement of duty by mandamus


(1)

Where a duty is imposed by law or the Oregon Rules of Civil Procedure upon a court, or upon a judicial officer, clerk, bailiff, sheriff, constable or other officer, which requires or prohibits the performance of an act or series of acts in matters relating to the administration of justice in a court, it is the duty of the judicial officer or officers of the court, and each of them, to require the officer upon whom the duty is imposed to perform or refrain from performing the act or series of acts.

(2)

Matters relating to the administration of justice include, but are not limited to, the selection and impaneling of juries, the conduct of trials, the entry and docketing of judgments and all other matters touching the conduct of proceedings in courts of this state.

(3)

The duty imposed by subsection (1) of this section may be enforced by writ of mandamus. [1957 c.565 §1; 1979 c.284 §40]

Notes of Decisions

This provision imposes no duty on Commission on Judicial Fitness and Disability, because proceedings before commission are not "in a court." State ex rel Currin v. Comm'n on Judicial Fitness, 311 Or 530, 815 P2d 212 (1991)

Chapter 1

Law Review Citations

53 OLR 436 (1974)


Source

Last accessed
Jun. 26, 2021