In the Matter of the Amendment of the Revised OREGON CODE OF JUDICIAL CONDUCT Rules JR 2-102 and JR 3-105 )




ORDER NO. 99-057


The Oregon Judicial Conference, on April 27, 1999, recommended amendment of the Oregon Code of Judicial Conduct to replace existing JR 3-105 and to amend JR 2-102.

The Supreme Court adopted the amendments recommended by the Oregon Judicial Conference as set out below in this order.

THEREFORE, the Supreme Court of the State of Oregon, pursuant to the Oregon Constitution, Article VII (Amended), Section 8(e), orders as follows:

A. The Oregon Code of Judicial Conduct, revised and enacted by this court by Order No. 95-095 on November 22, 1995, and amended by this court on June 18, 1997, by Order No. 97-054, and on May 11, 1999, by Order 99-053, is further amended as follows:

1. Judicial Rule 2-102 is amended as follows (material to be deleted is bracketed "[. . .]" and in italics, new language is underlined):

JR 2-102(A) A judge shall provide to every person who has a legal interest in a proceeding, and to that person's lawyer, the right to be heard according to law.

(B) A judge shall not communicate or permit or cause another to communicate with a lawyer or party about any matter in an adversary proceeding outside the course of the proceeding, except with the consent of the parties or as expressly authorized by law or permitted by this rule.

(C) A judge may communicate ex parte when circumstances require for scheduling, administrative purposes, or emergencies that do not deal with substantive matters or issues on the merits, provided that:

(1) the judge reasonably believes that no party will gain a procedural or tactical advantage as a result of the ex parte communication, and

(2) the judge makes provision by delegation or otherwise promptly to notify all other parties of the substance of the ex parte communication and allows an opportunity to respond.

(D) Except as provided in subsection (E) of this rule, a judge shall promptly disclose to the parties any communication not otherwise prohibited by this rule that will or reasonably may influence the outcome of any adversary proceeding. The disclosure shall identify the person with whom the communication occurred and the substance of the communication, and the judge shall give the parties a reasonable opportunity to respond to the information disclosed.

(E) Subsection (D) of this rule does not limit, or require disclosure to a party of, any discussions about legal or administrative matters or other matters in the record related to a case that occur between a judge and any of the following: another judge of the same level; employees of the court; employees of the judicial branch of government.

2. Judicial Rule 3-105 is repealed and the following Judicial Rule 3-105 is enacted in lieu thereof:

JR3-105(A) A judge other than a judge described in JR 5-102 shall not serve as a fiduciary as defined in JR 2-106(C) except for the benefit of a member of the judge's family. "Member of the judge's family" includes a spouse, domestic partner or their children, siblings or their children, child, grandchild, parent or grandparent, aunt or uncle, or first cousin wherever residing.

(B) Nothing in subsection (A) of this section allows a judge to serve as a fiduciary when service is otherwise prohibited by law.

B. The amendments to the Oregon Code of Judicial Conduct enacted by part "A" of this order first become effective September 1, 1999.

Dated this ________ day of __________________, 1999.


Wallace P. Carson, Jr.
Chief Justice

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