IN THE SUPREME COURT OF THE STATE OF OREGON
IN THE COURT OF APPEALS OF THE STATE OF OREGON
|In the Matter of the Oregon
Rules of Appellate Procedure
| ) |
|Chief Justice Order No. 07-031
Chief Judge Order
Chief Justice Order No. 90-33, dated January 29, 1990, establishing the Oregon Rules of Appellate Procedure Committee, as amended by Chief Justice Order 98-001/Chief Judge Order dated January 13, 1998, Chief Justice Order 04-016/Chief Judge Order dated April 14/15, 2004, and Chief Justice Order 06-003/Chief Judge Order dated January 19/18, 2006, is further amended to read as follows:
(1) The Oregon Rules of Appellate Procedure Committee is established. The charge of the committee is to review the Oregon Rules of Appellate Procedure, consider proposed amendments to the Rules, and to make recommendations to the Supreme Court and the Court of Appeals for amending the Rules.
(2)(a) The voting members of the committee shall consist of:
(i) A Justice of the Supreme Court designated by the Chief Justice to be Chair of the committee and one additional justice of the Supreme Court designated by the Chief Justice;
(ii) The Chief Judge of the Court of Appeals and one additional judge of the Court of Appeals designated by the Chief Judge;
(iii) The Solicitor General of the Department of Justice or the Solicitor General's designee;
(iv) The Chief Defender of the Legal Services Division of the Office of Public Defense Services or the Chief Defender's designee;
(v) A member of the Appellate Practice Section of the Oregon State Bar designated by the chairperson of the Appellate Practice Section; and
(vi) Six attorneys with substantial experience in the practice of appellate law, appointed by the Chief Justice in consultation with the Chief Judge; and
(vii) One trial court administrator, appointed by the Chief Justice in consultation with the Chief Judge.
(b) The respective terms of the voting members of the committee, except for the Chair, the Chief Judge, the Solicitor General, and the State Public Defender, shall be three years, with the possibility of one three-year reappointment.
(c) The non-voting staff members of the committee shall be the Appellate Legal Counsel, the manager of the Appellate Records Section of the Office of the State Court Administrator, the senior staff attorney to the Chief Judge of the Court of Appeals, and the Supreme Court lead staff attorney.
(3) The effective date of any amendment to the Oregon Rules of Appellate Procedure shall be January 1 of each year. The rules as amended apply to anything filed in the Oregon Supreme Court or Oregon Court of Appeals on or after January 1 of each year. Any time period that has begun before January 1 of each year, and the form of anything in process before that date, shall be governed by the otherwise superseded rules.
(4) Proposed amendments to the Oregon Rules of Appellate Procedure will be published in the Oregon Appellate Courts Advance Sheets and will allow no less than a 28-day period for public comment.
(5) Any amendment to the Oregon Rules of Appellate Procedure will be published in the Oregon Appellate Courts Advance Sheets no less than 28 days before its effective date.
(6) Notwithstanding the provisions of sections (3), (4), and (5) of this order, an amendment may be adopted and become effective on a different date than January 1 of each year and without prior publication in the Advance Sheets, provided that:
(a) Special circumstances justify adoption of the amendment with a different effective date;
(b) The order adopting the amendment states the nature of the special circumstances; and
(c) The amendment shall expire on the effective date of the next regularly adopted amendments to the Rules of Appellate Procedure.
Dated this 13th day of November, 2007.
Paul J. DeMuniz
Dated this 15th day of November, 2007.
David V. Brewer