Judicial selection in Oregon
| Judicial selection in Oregon | |
 | |
| Oregon Supreme Court | |
| Method: | Nonpartisan election |
| Term: | 6 years |
| Oregon Court of Appeals | |
| Method: | Nonpartisan election |
| Term: | 6 years |
| Oregon Circuit Courts | |
| Method: | Nonpartisan election |
| Term: | 6 years |
| Oregon County Courts | |
| Method: | Nonpartisan election |
| Term: | 6 years |
Judicial selection refers to the process used to select judges for courts. At the state level, methods of judicial selection vary substantially in the United States, and in some cases between different court types within a state. There are six primary types of judicial selection: partisan and nonpartisan elections, the Michigan method, assisted appointment, gubernatorial appointment, and legislative elections. To read more about how these selection methods are used across the country, click here.
This article covers how state court judges are selected in Oregon, including:
As of April 2023, state court judges in Oregon were selected exclusively through nonpartisan elections. Judges seeking to serve more than one term must stand for re-election.[1] Judges' terms begin on the first Monday in January following their election.[2]
Click here to notify us of changes to judicial selection methods in this state.
Oregon Supreme Court
- See also: Oregon Supreme Court
The seven justices on the Oregon Supreme Court are selected through nonpartisan elections.[1] Judges' terms begin on the first Monday in January following their election.[2]
Judges serve six-year terms. Judges seeking to serve more than one term must stand for re-election.[1]
Qualifications
To serve on this court, a judge must be:
- a U.S. citizen;
- a state resident for at least three years;
- a state bar member; and
- under the age of 75.[1]
Chief justice
The chief justice is selected by peer vote and serves in that capacity for a six-year term.
Vacancies
If a midterm vacancy occurs on the court, the governor appoints a replacement. The appointee serves until the next general election occurring 61 or more days after the vacancy, at which point he or she may run for election.[1] The map below highlights how vacancies are filled in state supreme courts across the country.
Oregon Court of Appeals
- See also: Oregon Court of Appeals
The thirteen judges on the Oregon Court of Appeals are selected through nonpartisan elections.[1]
Judges serve six-year terms. Judges seeking to serve more than one term must stand for re-election.[1]
Qualifications
To serve on this court, a judge must be:
- a United States citizen;
- a qualified elector of his or her county of residence;
- a state bar member; and
- under the age of 75.[1]
Chief judge
The chief judge is appointed by the chief justice of the Oregon Supreme Court to serve a two-year term.[1]
Vacancies
If a midterm vacancy occurs on the court, the governor appoints a replacement. The appointee serves until the next general election occurring 61 or more days after the vacancy, at which point he or she may run for election.[1]
Circuit Court
- See also: Oregon Circuit Courts
Judges of the Oregon Circuit Courts are selected through nonpartisan elections.[1]
Judges serve six-year terms. Judges seeking to serve more than one term must stand for re-election.[1]
Qualifications
To serve on this court, a judge must be:
- a U.S. citizen;
- a state resident for at least three years;
- a resident of his or her circuit for at least one year;
- a state bar member; and
- under the age of 75.[1]
Presiding judge
The presiding judge is appointed by the chief justice of the Oregon Supreme Court to serve a two-year term.[1]
Vacancies
If a midterm vacancy occurs on the court, the governor appoints a replacement. The appointee serves until the next general election occurring 61 or more days after the appointment, at which point he or she may run for election.[1]
Limited jurisdiction courts
Oregon has four types of limited jurisdiction courts: tax court, county courts, justice courts, and municipal courts.[3]
Tax Court
- See also: Oregon Tax Court
Judges of the Oregon Tax Court are each elected to six-year terms.[4] The elections for this court are nonpartisan contested elections. To serve on this court, a judge must be a U.S. citizen, a state resident, a member of the state bar, and as an attorney in the state for three years.[5] This position has a mandatory retirement age of 75 years old.[3]
County Court
- See also: Oregon County Courts
Judges of the Oregon County Courts are each elected to six-year terms.[6] The elections for this court are nonpartisan contested elections. To serve on this court, a judge must be a U.S. citizen, a state elector, and a county resident for one year.[3]
Justice Court
- See also: Oregon Justice Courts
Judges of the Oregon Justice Courts are each elected to six-year terms.[7] The elections for this court are nonpartisan contested elections. To serve on this court, a judge must be a U.S. citizen, a state resident for three years, and a resident of the justice court district for one year.[3]
Municipal Court
- See also: Oregon Municipal Courts
Judges of the Oregon Municipal Courts are either elected or appointed by the city council depending on the municipality.[8] The elections for this court are nonpartisan contested elections and the terms of judges also vary according to the municipality. The requirements to serve on this court vary by municipality and are determined by either the city council or the city charter.[3]
History
Below is a timeline of significant changes to Oregon's court system:
- 1998: District courts were abolished. Legislation transferred the judges and jurisdiction of the district courts to the circuit courts.[9]
- 1981: Legislation was enacted which unified the state's courts into the state-funded Oregon Judicial Department except for municipal, county, and justice courts.[10]
- 1969: The legislature created the Oregon Court of Appeals to address the workload of the supreme court.[11]
- 1961: The Oregon Tax Court was created by the legislature with exclusive jurisdiction over cases involving tax law.[12]
- 1931: The legislature made all judicial elections in the state nonpartisan.[13]
- 1929: Numbers were assigned to positions on the supreme court; candidates were required to run for a specific position rather than every open position on the court.[13]
- 1913: District courts were created, and the number of justices on the supreme court was increased to seven. Supreme court justices were allowed to decide cases in panels of three.[14]
- 1910: Article VII of the Oregon Constitution was amended.[15]
- 1909: The legislature increased the number of justices on the supreme court to five.[16]
- 1878: Legislation was passed which created separate positions for supreme court and circuit court judges, a change that went into effect in 1880. The number of justices on the supreme court was reduced to three, and justices were no longer elected by district but by statewide election.[17]
- 1862: A fifth supreme court justice and fifth judicial district were added by the state legislature.[17]
- 1859: The Oregon Constitution went into effect. Supreme court justices were elected to six-year terms by district and also served as circuit court judges. Initially, there were four justices on the supreme court.[18][19]
Courts in Oregon
In Oregon, there is one federal district court, a state supreme court, a court of criminal appeals, and trial courts with both general and limited jurisdiction. These courts serve different purposes, which are outlined in the sections below.
Click a link for information about that court type.
The image below depicts the flow of cases through Oregon's state court system. Cases typically originate in the trial courts and can be appealed to courts higher up in the system.
Selection of federal judges
United States district court judges, who are selected from each state, go through a different selection process from that of state judges.
The district courts are served by Article III federal judges, who are appointed for life during good behavior. They are usually first recommended by senators (or members of the House, occasionally). The President of the United States nominates judges, who must then be confirmed by the United States Senate in accordance with Article III of the United States Constitution.[20]
In other states
Each state has a unique set of guidelines governing how they select judges at the state and local level. These methods of selection are:
Election
- Partisan election: Judges are elected by the people, and candidates are listed on the ballot alongside a label designating political party affiliation.
- Nonpartisan election: Judges are elected by the people, and candidates are listed on the ballot without a label designating party affiliation.
- Michigan method: State supreme court justices are selected through nonpartisan elections preceded by either partisan primaries or conventions.
- Retention election: A periodic process whereby voters are asked whether an incumbent judge should remain in office for another term. Judges are not selected for initial terms in office using this election method.
Assisted appointment
- Assisted appointment, also known as merit selection or the Missouri Plan: A nominating commission reviews the qualifications of judicial candidates and submits a list of names to the governor, who appoints a judge from the list.[21] At the state supreme court level, this method is further divided into the following three types:
- Bar-controlled commission: The state Bar Association is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees that they must choose from.
- Governor-controlled commission: The governor is responsible for appointing a majority of the judicial nominating commission that sends the governor a list of nominees they must choose from.
- Hybrid commission: The judicial nominating commission has no majority of members chosen by either the governor or the state bar association. These commissions determine membership in a variety of ways, but no institution or organization has a clear majority control.
Direct appointment
- Court appointment: Judges are selected by judges in the state judiciary.
- Gubernatorial appointment: Judges are appointed by the governor. In some cases, approval from the legislative body is required.
- Legislative election: Judges are selected by the state legislature.
- Municipal government selection: Judges are selected by the governing body of their municipality.
See also
External links
Footnotes
- ↑ 1.00 1.01 1.02 1.03 1.04 1.05 1.06 1.07 1.08 1.09 1.10 1.11 1.12 1.13 1.14 American Judicature Society, "Methods of Judicial Selection: Oregon," archived October 3, 2014
- ↑ 2.0 2.1 Oregon State Legislature, "Oregon Constitution," accessed August 29, 2014
- ↑ 3.0 3.1 3.2 3.3 3.4 American Judicature Society, "Methods of Judicial Selection: Oregon; Limited Jurisdiction Courts," archived October 3, 2014
- ↑ Oregon Blue Book, "Oregon Tax Court," accessed September 1, 2021
- ↑ Oregon Laws, "ORS 305.455," accessed April 13, 2023
- ↑ Oregon Secretary of State, "County Courts," accessed September 1, 2021
- ↑ Jackson County, "Justice Court," accessed August 29, 2014
- ↑ Oregon Secretary of State, "Municipal Court," accessed September 1, 2021
- ↑ Oregon Judicial Department, "The Consolidation of Courts," April 12, 2019
- ↑ Oregon Judicial Department, "About the Oregon Judicial Department," accessed September 1, 2021
- ↑ State of Oregon Law Library, "Oregon Court of Appeals," April 12, 2019
- ↑ State of Oregon Law Library, "Creation of Oregon Tax Court," April 12, 2019
- ↑ 13.0 13.1 State of Oregon Law Library, "End of Partisan Elections," April 12, 2019
- ↑ State of Oregon Law Library, "District Courts; Supreme Courts," April 12, 2019
- ↑ State of Oregon Law Library, "Article VII Amended," April 12, 2019
- ↑ State of Oregon Law Library, "Documents of Supreme Court Commissioners," April 12, 2019
- ↑ 17.0 17.1 State of Oregon Law Library, "How the Supreme Court Expanded," April 12, 2019
- ↑ Oregon Secretary of State, "Constitution of Oregon," accessed September 27, 2019
- ↑ Oregon Secretary of State, "Transcribed 1857 Oregon Constitution," accessed September 27, 2019
- ↑ U.S. Courts, "FAQ: Federal Judges," accessed March 26, 2015
- ↑ American Bar Association, "Judicial Selection: The Process of Choosing Judges," accessed August 10, 2021
Federal courts:
Ninth Circuit Court of Appeals • U.S. District Court: District of Oregon • U.S. Bankruptcy Court: District of Oregon
State courts:
Oregon Supreme Court • Oregon Court of Appeals • Oregon Circuit Courts • Oregon Tax Court • Oregon County Courts • Oregon Justice Courts • Oregon Municipal Courts
State resources:
Courts in Oregon • Oregon judicial elections • Judicial selection in Oregon
