ORS 1.420
Investigation

  • hearings
  • consent to discipline
  • recommendation
  • temporary suspension

(1)

Upon complaint from any person concerning the conduct of a judge or upon request of the Supreme Court, and after such investigation as the Commission on Judicial Fitness and Disability considers necessary, the commission may do any of the following:

(a)

The commission may hold a hearing pursuant to subsection (3) of this section to inquire into the conduct of the judge.

(b)

The commission may request the Supreme Court to appoint three qualified persons to act as masters, to hold a hearing pursuant to subsection (3) of this section and maintain a record on the matter referred to them and to report to the commission on the conduct of the judge.

(c)

The commission may allow the judge to execute a consent to censure, suspension or removal. If a consent is entered into under this paragraph, the judge and the commission must enter into a written stipulation of facts. The consent and stipulation of facts shall be submitted by the commission to the Supreme Court.

(2)

If the commission receives a complaint that appears to indicate that a judge has a disability as defined in ORS 1.303 (Disability of judge), the commission may refer the complaint to the Chief Justice of the Supreme Court for appropriate proceedings under ORS 1.303 (Disability of judge).

(3)

When a hearing is held by the commission or by masters as authorized in subsection (1) of this section, the hearing shall be public and all the testimony and evidence given and received in the hearing shall be public records. The judge shall have the right to be present at such hearing, to be represented by counsel, to present testimony and evidence and to cross-examine witnesses.

(4)

If, after hearing or after considering the record and report of the masters, the commission finds that the conduct of the judge justifies censure, suspension or removal from office, the commission shall recommend to the Supreme Court the censure or suspension or removal of the judge.

(5)

The Supreme Court by order may temporarily suspend a judge whose conduct is the subject of proceedings under this section from exercising any judicial functions during the pendency of those proceedings. [1967 c.294 §7; 1971 c.511 §3; 1987 c.520 §5; 1997 c.720 §1]

Source: Section 1.420 — Investigation; hearings; consent to discipline; recommendation; temporary suspension, https://www.­oregonlegislature.­gov/bills_laws/ors/ors001.­html.

Notes of Decisions

Since there are no separate grounds for suspension, in recommending suspension the commission must prove the accused was guilty of one of the specific grounds for removal as stated in Article VII (Amended), §8. In re Piper, 271 Or 726, 534 P2d 159 (1975)

Continued work by the accused upon four decedents’ estates over a period of 10 years after becoming a circuit judge did not involve “moral turpitude.” In re Piper, 271 Or 726, 534 P2d 159 (1975)

The words “complaint from any person” in this section did not impose a requirement that there be a formal complaint by some identifiable person or that the accused judge be informed of the identity of any complainant or be provided with a copy of the complaint when the facts were not in dispute. In the Matter of Sawyer, 286 Or 369, 594 P2d 805 (1979)

Commission on Judicial Fitness had jurisdiction to inquire into justice’s alleged failure to abide by Code of Judicial Conduct. In re Fadeley, 310 Or 548, 802 P2d 31 (1990)

Commission on Judicial Fitness and Disability lacks authority to hear complaints against municipal judges. State ex rel Kaino v. Commission on Judicial Fitness and Disability, 335 Or 633, 74 P3d 1080 (2003)

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
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Judicial conference 1.820
Function of conference 1.830
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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
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Current through early 2024

§ 1.420’s source at oregon​.gov