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The Oregon Judicial Department: Restoring Justice in 2014 and Beyond

Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

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Page 1: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

The Oregon Judicial Department: Restoring Justice in 2014 and

Beyond

Page 2: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

OregonBranches of Government

Executive Branch Judicial BranchLegislative Branch

Page 3: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

Oregon Judicial DepartmentThe purpose of OJD is to establish justice in a

fair and timely manner.The OJD values and vision goals:

Ensure access Administer effectivelyResolve disputes Build partnershipsMaintain public trust and confidence

Meeting these goals requires adequate access to justice for Oregonians.

Page 4: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

COURTS ARE AT THE CORE of the Critical Path to Preservation of Public Safety, Protection of

Families in Crisis, and Economic Stability of Oregon

4

COURTACTIONS

REQUIRED

FROM:

TO:

Crimes / Violations

Sentences / Resolutions

Children at Risk

Care / Permanency

Civil / Economic Disputes

Judgments / Rights

Abuse / Domestic Relations

Protection / Enforcement

Page 5: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

5

OJD Court Jurisdiction Structure

• Oregon’s district, circuit, and appellate courts were consolidated into a unified, state-funded court system in 1983, known as the Oregon Judicial Department (OJD). Municipal, county, and justice courts continue outside of the state-funded court system and control.

• OJD has almost 200 independently-elected judges and 1,763.6 FTE positions

SUPREME COURT(7 Justices)

COURT OF APPEALS(13 Judges))

TAX COURT(1 Judge, 3 Magistrates)

CIRCUIT COURTS173 Judges in

27 Judicial Districts

Page 6: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

Circuit Courts

6

Public Safety• Felonies and misdemeanors• Violations• Juvenile delinquency• Protective orders (stalking, domestic

violence)

Economic Functioning• Establish and collect debts• Foreclosures• Interpret contracts• Personal injury• Landlord / tenant• Consumer protection

Families in Crisis• Dependency (child abuse and

neglect)• Child support• Domestic relations (divorce, child

custody, adoption)• Termination of parental rights

Other• Civil commitment• Post conviction• Probate• Guardianship / conservatorship

• "General" jurisdiction• “Courts of record”• 27 judicial districts

Page 7: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

Court of Appeals Appeals from circuit courts (criminal, civil, domestic relations,

juvenile) Appeals from state agency rules and actions Appeals from local government decisions

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Exclusive court jurisdiction on matters arising under state tax laws Regular Division: Tax Court judge presides over trials without a jury Magistrate Division: Magistrates conduct proceedings by telephone or

in person

Tax Court

Page 8: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

Oregon Supreme Court Discretionary review of Court of Appeals decisions

Required review Direct appeals in death penalty cases Appeals from Tax Court decisions Review of attorney discipline and judge discipline Review of ballot measure titles Prison-siting disputes Other direct review cases

Permissive review Habeas corpus Mandamus Quo warranto

Page 9: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

Caseload

In 2011, there were 552,601 cases filed in Oregon’s circuit courts.

The total number of cases has gone downMostly due to a decrease in violations

The number of more complex cases has increasedIncludes civil cases, felonies, civil

commitments

Page 10: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

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Gen. C

ivil,

Pro

bate

, & C

ivil

Comm

itmen

t

Smal

l Cla

ims & FE

D

Domes

tic R

elat

ions

Juve

nile

Crimin

al

Viola

tion

0.0%5.0%

10.0%15.0%20.0%25.0%30.0%35.0%40.0%45.0%50.0%

Translating Filings into Workload

Filings Judicial WorkloadStaff Workload

Page 11: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

Foreclosure Cases Filed in Circuit Court

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Page 12: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

OJD Budget Reductions, 2009-2013

Lost 17% of staff positionsService reductions

Fewer phone/counter hours for publicLess help for people without attorneys

Reduced compensationDelays in casesInability to fix facilities

Page 13: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

OJD Budget & RevenueOJD is less than 3 percent of State General Fund budgetMost Chief Justice priorities were funded:

No furloughs for staff – courts open every dayIncrease judge salaries – recruit/retain diverse legal

expertiseContinue Oregon eCourt, fund new Court of Appeals panelFund critical courthouse projects

Legislature held back 2% of budgets ($5.5 million for OJD) Restored $3 mil. in Feb 2014; put $2 mil. in Emergency Fund

The OJD expects to collect about $259 million in fines, fees, etc.Most goes to state General Fund and Criminal Fines Account

Page 14: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

OJD Efforts to Increase EfficiencyImplementation of Oregon eCourt Specialized Courts:

Drug Mental health Domestic violence courts Veteran’s Court DUII Court

CentralizationRestructuringStreamlined business processes

Increased public access (eFiling, remote document access, intelligent forms)

Ability to pay online

Page 15: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

Future Issues and ChallengesStable resourcesContinued work on efficiency and court

processesMaintain access to justice

LanguagePro se litigants (not represented by an

attorney)Impact of technologyCourt facilities

Page 16: Oregon Branches of Government Executive Branch Judicial Branch Legislative Branch

The End