The Judicial Branch – Oregon Court Systems

Definitions Jurisdiction Jurisdiction The area in which a court has authority The area in which a court has authority Civil Cases Civil Cases Cases dealing with issues between persons Cases dealing with issues between persons Criminal Cases Criminal Cases Cases dealing with issues between a person and the government Cases dealing with issues between a person and the government Appeal Appeal To challenge the decision on a case To challenge the decision on a case To ask a higher court to review the case decision To ask a higher court to review the case decision

Municipal Court Description: Description: Local courts – most towns have one Local courts – most towns have one Cases they hear: Cases they hear: Traffic violations, violations of city ordinances (music too loud, grass too high) Traffic violations, violations of city ordinances (music too loud, grass too high) Cases they don’t hear: Cases they don’t hear: Felonies Felonies How judges get their jobs: How judges get their jobs: Appointed by the city council Appointed by the city council

Justice Court Description: Description: Much faster way to reach a verdict. No lawyers allowed. Much faster way to reach a verdict. No lawyers allowed. Cases they hear: Cases they hear: Violations (traffic, boating, wildlife) Violations (traffic, boating, wildlife) Civil cases under $7,500 Civil cases under $7,500 Judges Judges No judge – Justice of the Peace (appointed or elected locally) No judge – Justice of the Peace (appointed or elected locally)

Choosing Judges Elected by the people Elected by the people Six-year terms Six-year terms Court of Appeals, Tax Court, and Oregon Supreme Court Justices are elected state- wide Court of Appeals, Tax Court, and Oregon Supreme Court Justices are elected state- wide All must be licensed by the Oregon Bar All must be licensed by the Oregon Bar

Circuit Court Description: Description: Most common courts, usually set in the county seat Most common courts, usually set in the county seat Cases they hear: Cases they hear: Civil Cases – adoptions, custody, dissolve marriages, land titles, etc. Civil Cases – adoptions, custody, dissolve marriages, land titles, etc. Criminal Cases – misdemeanors and felonies, can issue the death penalty Criminal Cases – misdemeanors and felonies, can issue the death penalty Judges (173) Judges (173) Elected by district (27 districts total) Elected by district (27 districts total)

Types of Appeals Procedural Due Process Violations Procedural Due Process Violations The right(s) of the convicted were not granted The right(s) of the convicted were not granted Examples: not read your rights, not given an attorney, not told of charges against, unlawful search Examples: not read your rights, not given an attorney, not told of charges against, unlawful search Substantive Due Process Violations Substantive Due Process Violations The law that the person was convicted upon is unconstitutional (the law violates rights) The law that the person was convicted upon is unconstitutional (the law violates rights) Examples: abortion, minors tried as adults Examples: abortion, minors tried as adults

Court of Appeals Description: Description: Very heavy caseload – hear all appealed cases Very heavy caseload – hear all appealed cases Cases they hear: Cases they hear: Appeals from most criminal and civil cases Appeals from most criminal and civil cases Cases they don’t hear: Cases they don’t hear: Appeals dealing with the death penalty, tax court, lawyer and judicial discipline Appeals dealing with the death penalty, tax court, lawyer and judicial discipline Judges (10 total) Judges (10 total) Work on three judge panels Work on three judge panels Chief Judge fills in as needed. Chief Judge fills in as needed.

Tax Court Description Description Deals with all questions relating to state tax laws Deals with all questions relating to state tax laws Cases They Hear Cases They Hear All tax cases: income, corporate, property, timber, cigarette, local budget All tax cases: income, corporate, property, timber, cigarette, local budget Judges (1) Judges (1) No jury No jury

Oregon Supreme Court Description: Description: Highest court in Oregon, any decision reached here is binding unless overturned by the US SC Highest court in Oregon, any decision reached here is binding unless overturned by the US SC Cases they hear: Cases they hear: All death penalty appeals, tax appeals, lawyer and judicial discipline appeals All death penalty appeals, tax appeals, lawyer and judicial discipline appeals They choose specific civil and criminal cases that have been appealed after a Court of Appeals decision They choose specific civil and criminal cases that have been appealed after a Court of Appeals decision Judges (7) Judges (7) Choose one of their own to serve as Chief Justice. Choose one of their own to serve as Chief Justice.

Types of Court Hearings Arraignment Arraignment Defendant hears charges and enters a plea. Defendant hears charges and enters a plea. Guilty, not guilty, no contest Guilty, not guilty, no contest Grand Jury (only required for felonies in Oregon) Grand Jury (only required for felonies in Oregon) Hears prosecutions evidence to decide if there is enough evidence to send the case to trial. Hears prosecutions evidence to decide if there is enough evidence to send the case to trial. Indictment – decide there is enough evidence for a trial Indictment – decide there is enough evidence for a trial Trial Trial Defendant can choose jury or judge trial Defendant can choose jury or judge trial Sentencing Sentencing Victim impact statements Victim impact statements