ORS 8.710
Disqualification

  • appointment of special district attorney
If a district attorney fails to attend any court at which the district attorney is required to be, or is related to the accused by consanguinity or affinity, or, prior to the district attorney’s election as district attorney, represented the accused in the matter to be investigated by the grand jury or the crime charged in the indictment, or is associated with the accused in business, or is interested financially in the matter or property out of which the alleged crime or criminal action arose, or is a stockholder in any corporation, any officer or stockholder of which is charged with the commission of any crime, or declines to prosecute or participate in proceedings for the imposition of sanctions for a contempt of court under ORS 33.065 (Procedure for imposition of punitive sanctions), or because of any other conflict cannot ethically serve as district attorney in a particular case, and such facts appear to the satisfaction of the court by affidavit or otherwise, the court shall appoint a regularly licensed and practicing attorney of this state who is not counsel for an interested party to perform the duties of district attorney during the district attorney’s absence or inability to serve, or the trial or investigation of such accused. When the district attorney is disqualified as provided in this section, the person so appointed by the court shall receive reasonable compensation for that person’s attendance, to be allowed by the court. The court in such case shall order compensation to be paid by the county, except that when the person so appointed performs the district attorney’s responsibilities under ORS 25.080 (Entity primarily responsible for support enforcement services), the court shall order compensation to be paid by the Oregon Department of Administrative Services of the state from funds available for that purpose. [Amended by 1985 c.611 §1; 1991 c.724 §16]

Source: Section 8.710 — Disqualification; appointment of special district attorney, https://www.­oregonlegislature.­gov/bills_laws/ors/ors008.­html.

Attorney General Opinions

County costs for services of private attorney defending in criminal prosecution on charges relating to alleged abuse of public office, (1982) Vol. 42, p 403

8.100
Authority of Judicial Department to require fingerprints 8.105
Submission of proposed change to legislative committee 8.110
State Court Administrator 8.120
Duties as court administrator for Supreme Court and Court of Appeals 8.125
Duties to assist Chief Justice and other courts 8.130
Fees payable to State Treasurer 8.150
Appointment and compensation of employees 8.155
Bailiffs of higher courts 8.160
Administrator and staff not to engage in private practice of law 8.170
Status of court officers and employees 8.185
Trial court administrator for judicial district 8.195
Appointment of trial court administrators 8.225
Duties of trial court administrator 8.235
Trial court administrators as state employees 8.245
Trial court administrators and other personnel not to engage in private practice of law 8.255
Agreement between state and county to provide services with county employees 8.270
Collective bargaining rights of court administrators and staff 8.340
Reporter’s duties 8.350
Transcript of testimony 8.360
Certified report as prima facie correct 8.415
Definitions for ORS 8.415 to 8.455 8.420
Qualifications and certification of shorthand reporters 8.435
Certificate of certified shorthand reporter 8.440
Grounds for revocation, suspension or refusal to issue certificate 8.445
Fees 8.450
Disposition of fees and other revenues 8.455
Advisory committee, membership 8.610
Election and term of office 8.620
Filing certificate of election 8.630
Qualifications 8.640
Filling vacancies in office 8.650
District attorney as public prosecutor 8.660
Attending court and prosecuting offenses 8.665
Prosecuting violations 8.670
Proceedings before magistrates and grand jury 8.675
Priority given to administration of laws relating to public assistance and enforcement of support 8.680
Prosecuting and collecting penalties and forfeitures 8.685
Assisting juvenile court 8.690
Advising and representing county officers and employees 8.700
Register to be kept 8.705
Written office policies 8.710
Disqualification 8.720
Receiving private fee in criminal action 8.726
District attorneys and deputies prohibited from engaging in private practice of law 8.730
Partner prosecuting or defending certain cases 8.760
Deputies may be authorized and paid by county 8.780
Appointment of deputies 8.790
Compensation of district attorney and deputies limited to salaries 8.830
Additional compensation from county for district attorney and deputies paid by state 8.850
Offices, supplies and stenographic assistance for district attorneys and deputies 8.852
Salary plan for district attorneys
Green check means up to date. Up to date

Current through early 2024

§ 8.710’s source at oregon​.gov