Courts and Judicial Officers Generally

ORS 1.440
Status of records of proceedings under ORS 1.420 or 1.425


(1)

Documents filed with the Commission on Judicial Fitness and Disability and the investigation conducted by the commission prior to a hearing pursuant to ORS 1.420 (Investigation) or 1.425 (Commission proceedings upon receipt of complaint of disability) shall not be public records unless received as competent evidence in the course of a hearing pursuant to ORS 1.420 (Investigation). The decision of the commission after hearing or upon review of the record and report of masters under ORS 1.420 (Investigation) shall be a public record, together with the recommendations, if any, of the commission to the Supreme Court. The decision of the commission after hearing or upon review of the record and report of masters under ORS 1.425 (Commission proceedings upon receipt of complaint of disability) shall not be a public record, except for a decision and recommendation to the Supreme Court under ORS 1.425 (Commission proceedings upon receipt of complaint of disability) (4)(b). A consent to censure, suspension or removal executed by a judge under ORS 1.420 (Investigation) (1)(c), and a stipulation of facts entered into between the commission and a judge under ORS 1.420 (Investigation) (1)(c), shall not be a public record until the consent and stipulation are submitted to the Supreme Court.

(2)

Documents filed and testimony given in proceedings under ORS 1.420 (Investigation) or 1.425 (Commission proceedings upon receipt of complaint of disability) are privileged communications which may not be received in evidence in any judicial proceedings other than those directly connected with the administration of ORS 1.410 (Commission on Judicial Fitness and Disability) to 1.480 (Officers) unless expressly or impliedly waived by the person tendering the document to or testifying in such proceedings or except in a criminal prosecution for perjury or false swearing before the commission.

(3)

Members of the commission, masters appointed pursuant to ORS 1.420 (Investigation) or 1.425 (Commission proceedings upon receipt of complaint of disability) and staff of the commission shall not disclose or use any investigation, testimony or documents which are not public records as defined in ORS 1.410 (Commission on Judicial Fitness and Disability) to 1.480 (Officers) for any purpose other than in connection with their official duties in the administration of ORS 1.410 (Commission on Judicial Fitness and Disability) to 1.480 (Officers). The commission may, upon the request of a judge who has been the subject of a complaint and proceedings thereon that are not public records, state the disposition of the complaint and proceedings and the reasons for its decision when the commission finds that the complaint or proceedings have been publicized and fairness requires such comment. [1967 c.294 §8; 1981 c.354 §2; 1987 c.520 §6; 1997 c.720 §3]
Chapter 1

Law Review Citations

53 OLR 436 (1974)


Source

Last accessed
Jun. 26, 2021