Organization and Government of Cities

ORS 221.359
Appeals from conviction in municipal court

(1)

Except as provided in subsection (3) of this section, whenever any person is convicted in the municipal court of any city of any offense defined and made punishable by any city charter or ordinance, such person shall have the same right of appeal to the circuit court within whose jurisdiction the city has its legal situs and maintains its seat of city government as now obtains from a conviction from justice courts. The appeal shall be taken and perfected in the manner provided by law for taking appeals from justice courts, except that in appeals taken under this section, ORS 221.360 (Appeal on issue of constitutionality of charter provision or ordinance), 221.380 (Appeal by city from invalidating order) or 221.390 (Trial, procedure and sentence in circuit court on appeal from municipal court):

(a)

The notice thereof shall be served upon the city attorney;

(b)

When the notice of appeal has been filed with the court from which the appeal is being taken, the appellate court shall have jurisdiction of the cause. Failure to serve a notice of appeal on the appropriate attorney shall not preclude jurisdiction in the appellate court; and

(c)

No undertaking providing for the payment of costs and disbursements shall be required.

(2)

Except as provided in subsection (3) of this section, in a prosecution of any offense defined and made punishable by any city charter or ordinance, a plaintiff may appeal to the circuit court within whose jurisdiction the city has its legal situs and maintains its seat of city government in the manner provided by ORS 157.020 (Who may appeal) (2) for taking appeals from justice courts.

(3)

The provisions of this section apply only to municipal courts that have not become courts of record under ORS 221.342 (Method by which municipal court becomes court of record). Appeals of criminal judgments in municipal courts that have become courts of record under ORS 221.342 (Method by which municipal court becomes court of record) shall be as provided in ORS chapter 138 for appeals from judgments of circuit courts. [Formerly 221.350; 2003 c.687 §8]

(formerly 221.350)

Notes of Decisions

On appeal to circuit court from municipal court's contempt order under [former] ORS 33.030, defendant was entitled to trial on contested findings contained in order. City of Klamath Falls v. Bailey, 43 Or App 331, 602 P2d 1107 (1979)

§§ 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

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