Organization and Government of Cities

ORS 221.353
Disqualification of municipal judge for prejudice


No judge of a municipal court having two or more judges shall hear to try any action, matter or proceeding if a party thereto or an attorney appearing therein moves the court for a change of judge on grounds of prejudice. The motion shall be supported by an affidavit stating that the judge before whom the action, matter or proceeding is pending is prejudiced against the party or attorney, and that the affiant or the client of the affiant cannot or believes that the affiant or the client of the affiant cannot have a fair and impartial trial or hearing before the judge, and that such motion is not filed for the purpose of delay. The motion shall be filed before the action, matter or proceeding is to be tried or heard. No party or attorney shall make more than one application in any action, matter or proceeding. [Formerly 221.348]
§§ 221.336 to 221.390

Notes of Decisions

Person who is convicted in municipal court and appeals that conviction to circuit court, pursuant to these sections, may appeal adverse decision of circuit court to Court of Appeals only if case involves constitutionality of ordinance under which defendant was convicted. City of Lincoln City v. Pennington, 91 Or App 713, 756 P2d 75 (1988)


Source

Last accessed
Jun. 26, 2021