ORS 14.250
Disqualification of judge

  • transfer of cause
  • making up issues
No judge of a circuit court shall sit to hear or try any suit, action, matter or proceeding when it is established, as provided in ORS 14.250 (Disqualification of judge) to 14.270 (Time of making motion for change of judge in certain circumstances), that any party or attorney believes that such party or attorney cannot have a fair and impartial trial or hearing before such judge. In such case the presiding judge for the judicial district shall forthwith transfer the cause, matter or proceeding to another judge of the court, or apply to the Chief Justice of the Supreme Court to send a judge to try it; or, if the convenience of witnesses or the ends of justice will not be interfered with by such course, and the action or suit is of such a character that a change of venue thereof may be ordered, the presiding judge may send the case for trial to the most convenient court; except that the issues in such cause may, upon the written stipulation of the attorneys in the cause agreeing thereto, be made up in the district of the judge to whom the cause has been assigned. [1955 c.408 §1(1); 1981 c.215 §5; 1987 c.338 §1; 1995 c.781 §28]

Source: Section 14.250 — Disqualification of judge; transfer of cause; making up issues, https://www.­oregonlegislature.­gov/bills_laws/ors/ors014.­html.

Notes of Decisions

Upon filing of motion for change, supported by proper affidavit, judge must either withdraw or request a “good faith hearing.” State ex rel Strain v. Foster, 272 Or 464, 537 P2d 547 (1975)

Motion for change of judge, if in good faith, cannot be denied because of previous abuse. State ex rel Strain v. Foster, 272 Or 464, 537 P2d 547 (1975)

Affidavit need not state specific facts. State ex rel Strain v. Foster, 272 Or 464, 537 P2d 547 (1975)

Judge-disqualification provisions in this section and ORS 14.260 (1) do not impermissibly interfere with judiciary. State ex rel Ray Wells, Inc., v. Hargreaves, 306 Or 610, 761 P2d 1306 (1988)

Trial judge did not have authority to rule on substantive validity of motion to disqualify. Phelps and Nelson, 122 Or App 410, 857 P2d 900 (1993), Sup Ct review denied

Denial of motion is finding of fact by trial court and is reviewed by appellate court under “any evidence” standard. Benson and Youngblutt, 141 Or App 458, 919 P2d 496 (1996), Sup Ct review denied

Participation in proceeding by disqualified judge is procedural error that renders proceeding voidable if timely objected to by defendant. State v. McDonnell, 343 Or 557, 176 P3d 1236 (2007)

Penalty phase on remand is part of same proceeding as initial trial. State v. McDonnell, 343 Or 557, 176 P3d 1236 (2007)

Law Review Citations

68 OLR 217 (1989); 73 OLR 785 (1994)

Green check means up to date. Up to date

Current through early 2024

§ 14.250’s source at oregon​.gov