IN THE SUPREME COURT OF THE STATE OF OREGON
IN THE COURT OF APPEALS OF THE STATE OF OREGON

In the Matter of the    )    Chief Justice Order 01-111
Adoption of Temporary    )    Chief Judge Order
Amendments to Oregon    )   
Rule of Appellate    )    ORDER ADOPTING TEMPORARY
Procedure 11.30    )    AMENDMENTS TO ORAP 11.30

By order dated January 13, 1998, the Supreme Court and the Court of Appeals prescribed a procedure for adopting amendments to the Oregon Rules of Appellate Procedure. Part (5) of that order requires that all proposed amendments be published in the Oregon Appellate Courts Advance Sheets and requires a 49-day public comment period. However, part (6) of that order also provides that the appellate courts may adopt an amendment without publication in the Advance Sheets and without opportunity for public comment, subject to the conditions that special circumstances justify adoption of the amendment with a different effective date and that the order adopting the amendment state the nature of the special circumstances.

The Supreme Court and the Court of Appeals find that special circumstances justify adopting amendments to Oregon Rule of Appellate Procedure 11.30. The 2001 Legislative Assembly enacted amendments to the statutes that govern the ballot title review process. Among other things, the amendments permit the Supreme Court to refer to the Attorney General for modification a certified ballot title that does not comply substantially with statutory standards. The amendments to Rule 11.30 accommodate that potential disposition.

Therefore, the Supreme Court and the Court of Appeals adopt temporary amendments to Oregon Rule of Appellate Procedure 11.30 as set out in the pages attached to this order. The temporary amendments shall become effective as of the date of this order, apply to all ballot title review proceedings pending in the Supreme Court on the date of this order, and remain in effect until the effective date of the amendments adopted pursuant to the regular rulemaking process.

October 24th, 2001
Wallace P. Carson, Jr.
Chief Justice

October 24th, 2001
Mary J. Deits
Chief Judge


[The deleted text is bracketed and set out in italics and the new text is in boldface.]

RULE 11.30 BALLOT TITLE REVIEW

* * * * *

(4) The body of the petition shall be no longer than 10 pages and:

(a) Shall state the petitioner's interest in the matter, whether the petitioner is an elector, and whether the petitioner timely submitted written comments on the draft ballot title.

(b) Shall include the reason the ballot title does not substantially comply with the requirements of ORS 250.035, [a proposed ballot title that the petitioner believes would substantially comply] and a request that the Supreme Court certify to the Secretary of State [the proposed] a ballot title that complies with the requirements of ORS 250.035 in lieu of the ballot title challenged by petitioner or refer the ballot title to the Attorney General for modification.

* * * * *

(6) The respondent or respondents shall be allowed [seven calendar] five business days after the filing of the petition, unless a lesser time is ordered by the court, within which to file an answering memorandum * * *.

* * * * *

(8) Additional persons * * * may file a motion * * * asking leave of the Supreme Court to intervene * * *. If the Supreme Court allows the motion to intervene, the intervenor's memorandum shall be due within [seven calendar] five business days after the filing of the petition or within [seven calendar] five business days after the filing of the Attorney General's answering memorandum, whichever is applicable. * * *

* * * * *

(10) For proceedings in which the Attorney General has filed a modified ballot title after referral from the Supreme Court, any party to the ballot title review proceeding may file an objection to the modified ballot title within five business days from the date of filing of the modified ballot title. The objection must be filed with and actually received by the Administrator within five business days from the date of filing of the modified ballot title and may be filed by telephonic facsimile communication as provided by Rule 7.35(3). If no party files a timely objection, then the court shall certify the modified ballot title, and the Administrator shall issue the appellate judgment on the next business day after the time for filing an objection expires. [ Notwithstanding Rule 9.25(1) and Rule 14.05, the court's decision will become effective when the appellate judgment issues. The administrator shall issue the appellate judgment 10 calendar days after the filing date of the decision unless]

(11) A party to a ballot title review proceeding may seek reconsideration of the court's decision as follows.

(a) For proceedings on review in which the court (1) certifies the Attorney General's certified ballot title either with or without modification, or (2) certifies the Attorney General's modified ballot title either with or without modification, [a] the petition for reconsideration [is] must be filed with and actually received by the Administrator within [seven calendar] five business days after the filing date of the decision. A timely petition for reconsideration will toll issuance of the appellate judgment until the court acts on all timely petitions for reconsideration. If the court denies reconsideration, the Administrator shall issue the appellate judgment the next [judicial] business day after the denial of all timely petitions for reconsideration. If no party files a timely petition for reconsideration, then the Administrator shall issue the appellate judgment seven business days after the filing date of the decision.

(b) For proceedings on review in which the court (1) refers the Attorney General's certified ballot title to the Attorney General for modification or (2) refers the Attorney General's modified ballot title to the Attorney General for further modification, the petition for reconsideration must be filed with and actually received by the Administrator within 10 business days after the filing date of the decision. A timely petition for reconsideration will toll issuance of the appellate judgment until the court acts on all timely petitions for reconsideration. If the court denies reconsideration, and no party has filed an objection to the Attorney General's modified ballot title, then the Administrator shall issue the appellate judgment on the next business day after the denial of all timely petitions for reconsideration.

(c) The court's decision shall become effective in accordance with Rule 14.05(2)(c).

(12) For purposes of this rule, the term "business day" means Monday through Friday excluding legal holidays.


Top of page Go home