ORS 1.303
Disability of judge

  • procedures upon receipt by Chief Justice of complaint or information

(1)

As used in this section and ORS 1.425 (Commission proceedings upon receipt of complaint of disability):

(a)

“Judge” means a judge of any court of this state.

(b)

“Subject judge” means a judge whose alleged disability is involved in proceedings under this section or ORS 1.425 (Commission proceedings upon receipt of complaint of disability).

(c)

“Disability” means a physical or mental condition of a judge, including but not limited to impairment derived in whole or in part from habitual or excessive use of intoxicants, drugs or controlled substances, that significantly interferes with the capacity of the judge to perform judicial duties. A disability may be permanent or temporary.

(2)

When the Chief Justice of the Supreme Court receives a complaint as provided in ORS 1.420 (Investigation) (2) or has reliable information that would lead a reasonable person to believe that a judge has a disability, the Chief Justice may:

(a)

Confer with the subject judge in respect to the alleged disability.

(b)

Consult with other judges of the court in which the subject judge serves and other persons who may have knowledge concerning the alleged disability.

(c)

Conduct other inquiry in respect to the alleged disability as the Chief Justice considers appropriate.

(3)

If, after inquiry, and on clear and convincing evidence, the Chief Justice determines that the subject judge has a temporary disability, that informal disposition is appropriate and that the subject judge agrees to informal disposition, the Chief Justice may enter into an informal disposition of the matter with the subject judge. The informal disposition may include agreement by the subject judge to obtain professional counseling, medical treatment or other assistance or to comply with other conditions in respect to the future conduct of the judge. If an informal disposition is entered into, the Chief Justice may grant the subject judge a leave of absence with salary for a period of not more than one year.

(4)

If, after inquiry, and on clear and convincing evidence, the Chief Justice determines that the subject judge has a permanent disability, or that the subject judge has a temporary disability and informal disposition is not appropriate or the subject judge does not agree to informal disposition, the Chief Justice may file a written request for an investigation under ORS 1.310 (Involuntary retirement of judges for disability) (2) or a complaint under ORS 1.425 (Commission proceedings upon receipt of complaint of disability), as the Chief Justice considers appropriate.

(5)

When the Chief Justice enters into an informal disposition with a subject judge under subsection (3) of this section, or files a written request or complaint in respect to a subject judge under subsection (4) of this section, or determines that a subject judge does not have a disability, the Chief Justice shall prepare a written summary of the nature of the complaint or information received, the inquiry conducted and the basis for the determination. The Chief Justice shall immediately send a copy of the summary to the Commission on Judicial Fitness and Disability, which shall retain the copy in a file for the subject judge.

(6)

Documents filed with or prepared by the Chief Justice under subsections (2), (3) and (5) of this section shall not be public records unless received as competent evidence in the course of a hearing pursuant to ORS 1.310 (Involuntary retirement of judges for disability) (4) or 1.420 (Investigation). [1987 c.520 §1]

Source: Section 1.303 — Disability of judge; procedures upon receipt by Chief Justice of complaint or information, https://www.­oregonlegislature.­gov/bills_laws/ors/ors001.­html.

1.001
State policy for courts
1.002
Supreme Court
1.003
Chief Justice’s powers to appoint Chief Judge and presiding judges
1.004
Supreme Court rules governing coordination of class actions
1.005
Credit card transactions for fees, security deposits, fines and other court-imposed obligations
1.006
Supreme Court rules
1.007
Judicial Department Revolving Account
1.008
Personnel plan, fiscal plan and property plan
1.009
Judicial Department Operating Account
1.010
Powers of courts in administration of court business and proceedings
1.012
State Court Technology Fund
1.020
Contempt punishment
1.025
Duty of court and court officers to require performance of duties relating to administration of justice
1.030
Seal
1.040
Sittings of court to be public
1.050
Time for decision on submitted questions
1.060
Days for transaction of judicial business
1.070
When court deemed appointed for next judicial day
1.080
Place of holding court
1.085
Chief Justice to designate principal location for sitting of courts
1.090
Trial elsewhere than at usual location on agreement of parties
1.110
Adjournment when judge does not attend
1.120
Proceedings unaffected by vacancy in office
1.130
Power to adjourn proceedings
1.140
Manner of addressing application or proceeding to court or judge
1.150
Proceedings to be in English
1.160
Means to carry jurisdiction into effect
1.171
Powers and duties of presiding judge for judicial district
1.175
Docket priorities
1.176
Capital improvements to county courthouses
1.177
State plan for security, emergency preparedness and business continuity for court facilities
1.178
State Court Facilities and Security Account
1.180
Advisory committees on court security and emergency preparedness
1.182
Court facilities security accounts
1.185
County to provide courtrooms, offices and jury rooms
1.187
State to provide supplies and personal property for courts
1.188
Surcharge on fines for courthouse
1.189
Courthouse surcharge accounts
1.194
Definitions for ORS 1.194 to 1.200
1.195
Reports on liquidated and delinquent accounts of state courts
1.196
Agreement for reciprocal offsets
1.197
Assignment of liquidated and delinquent accounts to collection agencies
1.198
Exemptions from requirements of ORS 1.197
1.199
Policies and procedures for exempting accounts from requirements of ORS 1.197 and for ceasing collection efforts
1.200
Effect of ORS 1.194 to 1.200 on authority of judge
1.202
Fee for establishing and administering account for judgment that includes monetary obligation
1.210
Judicial officer defined
1.212
Oath of office for judges
1.220
Judicial officer or partner acting as attorney
1.230
Powers of a judge out of court
1.240
Powers of judicial officers
1.250
Punishment for contempt
1.260
Powers of judges of Supreme Court, Court of Appeals, Oregon Tax Court and circuit courts
1.270
Powers of other judicial officers
1.290
Leaves of absence
1.300
Senior judge
1.303
Disability of judge
1.305
Commencement of judicial term of office
1.310
Involuntary retirement of judges for disability
1.410
Commission on Judicial Fitness and Disability
1.415
Powers and duties of commission
1.420
Investigation
1.425
Commission proceedings upon receipt of complaint of disability
1.430
Supreme Court review
1.440
Status of records of proceedings under ORS 1.420 or 1.425
1.450
Status of testimony in proceedings under ORS 1.420 or 1.425
1.460
Judge not to participate in proceedings involving self except in defense
1.470
Service of process
1.475
Procedure when process not obeyed
1.480
Officers
1.525
Uniform citation and petition forms for certain offenses
1.550
Private counsel for judges
1.560
Procedure for employment of private counsel
1.570
Claims for compensation of private counsel
1.600
Appointment pro tempore to Supreme Court or Court of Appeals
1.605
Compensation and expenses for judges under ORS 1.600
1.615
Appointment pro tempore to tax court or circuit court
1.625
Compensation and expenses for judges under ORS 1.615
1.635
Appointment pro tempore of eligible person to tax court or circuit court
1.645
Transfer, challenge, disqualification, supervision of person appointed under ORS 1.635
1.655
Extension and termination of appointment under ORS 1.635
1.665
Compensation and expenses of persons appointed under ORS 1.635
1.675
Judge pro tempore ineligible to participate in selection or removal of Chief Justice, Chief Judge or presiding judge
1.725
Legislative findings
1.730
Council on Court Procedures
1.735
Rules of procedure
1.740
Employment of staff
1.745
Laws on civil pleading, practice and procedure deemed rules of court until changed
1.750
Legislative Counsel to publish rules
1.755
Gifts, grants and donations
1.760
Legislative advisory committee
1.810
Judicial conference
1.820
Function of conference
1.830
Meetings
1.840
Annual report
1.851
Local criminal justice advisory councils
1.855
State Court Administrator to establish registry of justice and municipal courts
1.860
Reports relating to municipal courts and justice courts
Green check means up to date. Up to date