Courts and Judicial Officers Generally
State plan for security, emergency preparedness and business continuity for court facilities
- Chief Judicial Marshal
- deputy judicial marshals
(1)The Chief Justice of the Supreme Court may adopt state standards, and a state plan, for:
(a)State court security, emergency preparedness and business continuity for facilities used by the judges or staff of a court operating under the Judicial Department or the staff of the office of the State Court Administrator; and
(b)The physical security of the judges or staff of a court operating under the Judicial Department or the staff of the office of the State Court Administrator.
(2)(a) The Chief Justice may appoint a Chief Judicial Marshal and other deputy judicial marshals charged with:
(A)Implementing a state plan adopted under subsection (1) of this section;
(B)Ensuring the physical security and safety of judges of a court operating under the Judicial Department;
(C)Ensuring the physical security and safety of the staff of a court operating under the Judicial Department, the staff of the office of the State Court Administrator and the public in and around court facilities as defined in ORS 166.360 (Definitions for ORS 166.360 to 166.380); and
(D)Ensuring the security of the real and personal property owned, controlled, occupied or used by the Judicial Department.
(b)Persons appointed as judicial marshals under this section are subject to the personnel rules and policies established by the Chief Justice under ORS 1.002 (Supreme Court).
(c)When appointed and duly sworn by the Chief Justice, judicial marshals appointed under this section who are trained pursuant to ORS 181A.540 (Certification of judicial marshals) have the authority given to peace officers of this state for the purposes of carrying out the duties of their employment.
(d)The Chief Justice may define the duties of judicial marshals appointed under this section.
(e)Judicial marshals granted the authority of a peace officer under this section who detain any person in accordance with the marshal’s duties retain the authority until the law enforcement agency having general jurisdiction over the area in which the person is detained assumes responsibility for the person.
(f)Persons appointed as judicial marshals under this section are not police officers for purposes of the Public Employees Retirement System.
(3)Except as provided in this subsection, a plan adopted under this section and all documents related to development of the plan are confidential and need not be disclosed under the provisions of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department). The Chief Justice may authorize the disclosure of all or part of a plan prepared under this section if the Chief Justice determines that the interest of the public would be served by the disclosure and that the disclosure will not impair the integrity of the plan. Records of expenditures for a plan adopted under this section and records of equipment purchased under the plan are not confidential under the provisions of this subsection, and are subject to disclosure as public records under the provisions of ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department). [2005 c.804 §3; 2012 c.88 §1; 2012 c.107 §104; 2013 c.154 §1]
Law Review Citations
53 OLR 436 (1974)