2011-72-Minutes for Meeting January 25,2011 Recorded 3/7/2011DESCHUTES COUNTY OFFICIAL
NANCY BLANKENSHIP, COUNTY
COMMISSIONERS' JOURNAL
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2011-72
RECORDS
Q 1 011-7
CLERK vu 2011-72
031071201108;13;23 AM
Do not remove this page from original document.
Deschutes County Clerk
Certificate Page
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Deschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
MINUTES OF JOINT MEETING
WITH JUDGES
DESCHUTES COUNTY BOARD OF COMMISSIONERS
TUESDAY, JANUARY 25, 2011
Present were Commissioners Tammy Baney, Alan Unger and Tony DeBone. Also
present were Dave Kanner, County Administrator; Ernie Mazorol, Court
Administrator; and Judges Michael Sullivan, Steve Forte, Alta Brady, Wells Ashby,
Michael Adler, Barbara Haslinger and Steve Tiktin. No representatives of the
media or other citizens were present.
The meeting was held at Boston's Restaurant on SE 3rd Street, and began at 5:30
p.m.
Judge Sullivan said they brought in a special settlement judge in an effort to reduce
jail population. The focus is on in-custody criminal cases, to expedite cases where
the inmate ends up going to the penitentiary. This reduces the local jail population
and, therefore, the workload of corrections officers. He is not asking the County to
do anything, but wants to continue the program and make it happen.
Judge Brady described a new scheduling system under which felony and
misdemeanor criminal matters are consolidated into two courtrooms. This reduces
the number of movements and transports of in-custody defendants, saving time and
effort on the part of the Sheriff's Office. This also helps the Courts, making things
run more efficiently. In addition, the District Attorney's Office is assisted because
they only have to staff two courtrooms instead of seven.
Commissioner Baney asked if there was a capacity issue with the video
arraignment equipment. Judge Brady replied there was not. Judge Haslinger said
this has been a major undertaking and staff has been great about it. Commissioner
Unger asked if there was a way for the County to encourage other counties to
engage in the kinds of cooperative efforts taking place here. He suggested that
Deschutes County needs to tell its story to other counties.
Minutes of Joint Meeting: BOCC and Judges
Tuesday, January 25, 2011 Page 1 of 3 Pages
Judge Sullivan stated he is supportive of a Veterans' Court, but he is waiting to
find out if a budget for it might be available. He does not want to start it if the
funds are not there to continue. Judge Ashby said it would be resource-intensive,
and if this is done, it means something else will not be. Judge Brady explained that
the outcomes of specialty courts makes the effort worthwhile, but it would take a
year of planning and they would need the budget for it.
Commissioner Baney asked if there are lessons to be learned from Klamath
County's experience in Veterans' Court. Ernie Mazorol said that Klamath County
would be presenting at a trial Court Administrators' conference in March. Judge
Ashby stated that buy-in from the District Attorney's Office would be necessary,
and you can't force people into a specialty court. Commissioner Baney explained
that she would like to figure out a way to fund this.
Mr. Mazorol noted that the veterans' group should be coming forward soon with a
plan. Commissioner Unger asked where the military fits in on this, and why they
are not stepping forward with some funding. Judge Sullivan said there may be
some resources available, but possibly not enough. He will endeavor to keep the
existing specialty courts in place while exploring the possibility of a Veterans'
Court, but much depends on the legislature and support for the Courts in general.
Mr. Mazorol said that the Courts cut their existing budget by 9.5% in the past year,
and five of seven courtrooms close at noon. He is assuming that this situation will
carry forward into next year, and the public counters will have to close two hours a
week. If there is another 15% cut next year, they will have to shut down one day a
week. At a 20% cut, they would have to be closed two days a week.
Judge Haslinger stated that she feels like the Courts are already at bare bones, but
staff has been doing a great job. Judge Sullivan added that the Courts are looking
at "E-Court" under which files would all be handled electronically rather than on
paper, but it would be a huge, costly project. It would save money in the long-
term, but it would take some time to get there. The price tag could be about $40
million, so they aren't sure the legislature is inclined to fund it.
Mr. Mazorol said that when a domestic relations filing is done, there is a filing fee
and an add-on conciliation fee established by the County. This brings in about
$225,000 per year, and funds the family mediation program and helps to fund
Mary's Place. If HB 2710 passes, the fee would be equalized statewide. All
money would go to Salem and the State would decide how to spend it through a
grant process.
Minutes of Joint Meeting: BOCC and Judges
Tuesday, January 25, 2011 Page 2 of 3 Pages
Judge Haslinger stated that it is appropriate for fees to be different in different
communities. Commissioner Unger felt that this bill needs to be defeated. Judge
Sullivan said Mary's Place provides a very important service to the community;
Judge Hastings concurred.
Judge Sullivan said that the District Attorney had inquired about taking over the
jury assembly area in order to create space for the new investigators. He added
that the Courts invested a lot of money in that space, having had to make
improvements to the satisfaction of the Fire Marshall. He would like to see a
Courts and County committee work on these issues together. Mr. Mazorol
indicated that he would like to see a long-term space needs plan developed for the
Courts and the District Attorney's Office.
The Judges asked about the planned secure parking fence. Mr. Kanner indicated
that the County is waiting for a quote from the vendor who provides the card
reader, and then the project can get underway.
Being no further discussion, the meeting adjourned at 7:30 p.m.
DATED this aqA,'~ Day of MAA-CA---- 2011 for the
Deschutes County Board of Commissioners.
Tammy Baney, Chair
z50e4e---
ATTEST:
Recording Secretary
Anthony DeBone, Vice Chair
clu., a
Alan Unger, Commissioner
Minutes of Joint Meeting: BOCC and Judges
Tuesday, January 25, 2011 Page 3 of 3 Pages
Deschutes County Commissioners and
Circuit Court Judges Meeting
Boston's Restaurant
61276 South Highway 97
January 25, 2011, 5:30 p.m.
AGENDA
Settlement Judge Pro Tern
- reduce jail population
New Scheduling System
- reduce transport impact on Sheriff's Office
Specialty Courts
- potential Veterans Court
OJD Budget Reduction Plan
- some hours may be reduced
Conciliation Fees
Space Planning Discussion with District Attorney
Parking Lot Fence
Settlement Conferences w/ Judge Luukinen (November and December)
Christa NEAL to: ERNEST MAZOROL 01/06/201103:52 PM
Cc.: Michael C SULLIVAN
Ernie/Judge Sullivan:
Here are those numbers you are looking for.
November
10FE1096MA- Plead and Sentenced
10FE0176MS & 09FE1437MS- No Settlement
10FE0878SF: No Settlement
09FE1291 ST- Plead and Sentenced
07FE1548MA- No Settlement
10FE0403MS- Dismissed
10FE1351MS- Plead an Sentenced
M1102515- Dismissed
10FE0867MS- Plead & Sentenced
M1102050- Dismissed
09FE0856SF- No Settlement
09FE0870AB- No Settlement
10FE0372MS- Plead & Sentenced
06FE1899ST- No Settlement, Settlement as to TLCT instead of Jury trial (State v. Middlekauff)
10FE1027SF- Plead & Sentenced
09FE0656ST- Plead & Sentenced
10FE0002SF- Plead & Sentenced
10FE0624ST- No Settlement
Total: 19 cases scheduled and 11 settled
December
10DS0632SF- Settlement
10FE0854MA- Plead & Sentenced
10CV0222ST- Under Advisement
10JV0126- No Settlement
09CV0140MA- Settled
10FE0840AB- No Settlement
M1100903- No Settlement
09FE0176MS- No Settlement
10FE0176MS- No Settlement
10FE0227MS- Plead & Sentenced
M1101331- Plead and Sentenced
10FE0604MA- Plead & Sentenced
09CV1262ST- No Settlement. File is w/ SNT w/ Offer?
09FE0870AB- No Settlement (continued from November)
09FE1130AB- Plead & Sentenced
Total: 15 cases scheduled and 7 Settled
Thank You,
Christa L. Neal
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FEES GENERALLY
. 21.111 Filing" and appearance fees in
certain domestic relations cases. (1) In the
proceedings specified in subsection (2) of this
section, the clerk of the circuit court shall
collect the sum of $99 as a flat and uniform
filing fee from the petitioner at the time " the
etition is filed, and shall collect the sum of
80 as a flat, and uniform filing fee from the
respondent upon the respondent making an
appearance,
(2) The filing fees established by subsec-
tion (1) of this section shall be collected by
the clerk in the following proceedings:
(a). Proceedings . for dissolution of mar-
riage, annulment of marriage or separation.
(b) Filiation proceedings under. ORS
109.124 to 109.230.
(c) Proceedings to determine custody or
support of a: child under ORS 109.103.
(3) In addition to all other fees collected,
the clerk of ''the circuit court shall collect
from the moving party a fee of $50 at the
time of the filing of a motion after entry of
a judgment of marital annulment, dissolution
or separation. A fee of $40 shall be charged
to. the. responding party at . the time a re-
sponse is filed to the motion. The fee pro-
vided for in this `subsection does not apply to
any pleading under ORCP 68, 69 or 71.
(4) In addition to all other fees collected,
the clerk of the. circuit court shall collect
froiri the petitioner a fee of . $10 at . the ` time
of the filing of a petition for marital annul-
meet, dissolution or separation.. A fee of $10
shall be charged to the respondent upon the
respondent making an appearance. Fees col-
under this subsection shall be paid
into the Domestic Violence ; Clinical . Legal
Education Account established under ORS
352.655.
(5) A.pleading or other document shall
be filed by the clerk only .if the fee required
under this -section is paid or if a request for
a fee waiver or deferral is granted by the
court. No part of any such filing fee shall be
refunded to any party. The. uniform fee shall
cover all services to. be performed by the
court or clerk in , any of the proceedings, ex-
cept where additional fees are specially au-
thorized by law.
(6) Any petitioner or respondent that
files a petition or appearance that is subject
to the filing fees established under subsec-
tion (1) of this section must include in the
caption of the pleading the following words:
"Domestic relations case subject to fee under
ORS 21.111."
(7) The fees described in this section
shall not be charged to a district attorney or
to the Division of Child Support of the De-
partment of Justice for the filing. of any case,
21.112
motion, document, stipulated order, process
or other document relating to the provision
of support enforcement services as described
in ORS 25.080. [1991 c.801 §26; 2003 c.737
§§12,14a,14c; 2005 c.702 §§13,14,15; 2007 c.129 §13; 2007
C.666 §l; 2007 c.860 §31
Note: Section 4 (2), chapter 659, Oregon Laws 2009,
provides:
Sec. 4. (2)(a) In addition to the fees provided for
in ORS 21.111 (1), for the period commencing October
1, 2009, and ending June 30, 2011, in the proceedings
specified in ORS 21.111 (2) the clerk of the circuit court
shall collect a surcharge of $5 from the petitioner at the
time the petition is filed, and shall collect a surcharge
of $3 from the respondent upon the respondent making
an appearance.
(b) In addition to the fees provided for in OR$
21.111 (3), for the period commencing October 1; 2009,
and ending June 30, 2011, the clerk of the circuit court
shall collect from the moving party a. surcharge of $3
at the time of the filing of a motion for the modification
of a decree of marital annulment, dissolution or sepa-
ration, if the motion is, filed more than one year. after
the entry of the decree in the register of the court. 12009
c.659 §4(2)]
21.112 Additional fee for conciliation,
mediation and other services and pro-
grams " in certain domestic . relations
cases. (1) The clerk of the court shall collect
at the time a proceeding described in sub-
section (4) of this: section is filed a.'fee in an
amount determined by the governing body of
the, county to be necessary in the particular.
type of case, in addition to any other . funds
used therefor, to ,pay the expenses of provid-
ing:
(a) Mediation" under ORS 107.755 'to
107.795;
(b) Conciliation services under. ORS
107.510 to 107.610;
(c). Expedited parenting time enforcement
under ORS 107.434;
(d) Education programs under "ORS 3.425;
(e) Investigations, evaluations, examina-
tions and referrals for. services under .ORS
107.425; and
(f) Any other program or service. to
which parties may be referred or that may
be ordered by that. court, including programs
or services established to assist. the court or
a family. in a domestic . relations case if the
presiding judge for the judicial district has
approved the program or. service.
(2) Before approving.the provision of any
program or service under subsection (1)(d) to
(f) of this section, the presiding judge. shall
evaluate:
(a) The need for programs and services
described in subsection (1)(a) to (c)" of this
section and the appropriate level of funding
for those programs and services; and
(b) The impact on funding for. the pro-
grams and services described in subsection
(1)(a) to (c) of this section that would result
Title 2 Page 345
E
(2009 Edition)
21.110 PROCEDURE IN CIVIL PROCEEDINGS
(8) The fees imposed by this section do
not apply to:
(a) Protective proceedings under ORS
chapter 125;
(b) Proceedings for dissolution of mar-
riage; annulment of marriage or separation;
0 (c) Filiation proceedings under ORS
109.124 to 109.230;
(d) Proceedings to determine custody or
support of a child under ORS 109.103;
(e) Probate, adoption or change of name
proceedings;
(f7 Proceedings. involving dwelling units
to which. ORS chapter 90 applies and for
which the fee is provided by ORS 105.130; or
(g) Any . counterclaim, cross-claim or
third-party claim filed by 'a party who has
appeared in the action or proceeding.
(9) The fees described in this section
shall not. be charged to a . district attorney or
to the. Division' of Child Support of the De-
partment of Justice for the filing of any case,
motion, document, stipulated order;. process
or:other document relating to the provision
of support, enforcement. services as described
in. ORS .25.080.; : [Amended by 1955 c.458 §l; 1959 c.563
§2; 1965, c.619 §8; 1971.c.621 §1; 1975 c.607 §1; 1979 c.833
§3; 1981 s.s. c.3 §§68,69; 1983 c.581 §2; 1983 c.763 §20; 1985
c,499 §l; 1995 c.273 §8; 1995 c.658, U40; 1995 c.664. §69;
1997 c.801 §§25,25a; 2003 c.5530 §4; 2003 c337 08a,10a; 2005
67p2, §§9,10,11; 2007 c.129 §12; 2007 c.860 §2; 2009 c.659
§14; 2009 c.885 ON
Note: ;The amendments to 21.110 by section 16,
chapter, 659, Oregon :Laws 2009, and section 37c, chapter
885; : Oregon Laws 2009, . become operative July 1, 2011.
See section 17, chapter 659, Oregon.Laws 2009; and, sec-
tion 37d; chapter 885, Oregon Laws 2009. The text that
is operative on and after July 1, 2011, is set forth for
the user' .convenience.
21.110. (1) Except as otherwise provided in this
section, at the time of filing in the circuit court of any
civil action, suit or proceeding,. including appeals, the
clerk of the circuit court shall collect from the plaintiff,
app,ellant or moving party the sum of $107 as a flat and
uniform filing fee. In addition, at the time of filing any
appearance in any such action, suit or proceeding by
any defendant, or respondent appearing separately, or
upon the part of defendants or respondents appearing
jointly, the clerk shall collect from the party or parties
the sum' of $107 as a flat and uniform filing fee.
(2) In the following actions, the clerk of the circuit
court shall collect the sum of $68 as a flat and uniform
filing fee from the plaintiff, appellant or moving party
at the time the action is filed; and shall collect the sum
of $68 as, a flat and uniform filing fee from any defend-
ant or respondent appearing separately, or upon the
part of defendants or respondents' appearing jointly, at
the time of filing any appearance in the action:
(a) Actions for the recovery of money or damages
only when the amount claimed does not exceed $10,000.
(b) Actions for the recovery of specific personal
property when the value of the property claimed and the
damages for the detention do not exceed $10,000.
(c) Actions for the recovery of any penalty or
forfeiture, whether given by statute or arising out of
contract, not exceeding $10,000.
(d) Actions to enforce, marshal and foreclose.liens
upon personal property where the amount claimed for
such liens does not exceed $10,000.
(e) Actions of interpleader, and in the nature of
interpleader, when the amount of money or the value
of the property involved does not exceed $10,000. _
(f) Actions for injunctive relief under ORS chapter
90 when the amount of any damages claimed does not
exceed $10,000.
(3) The clerk of the court shall collect the. sum. of
$300 as a flat and uniform filing fee from the petitioner
in a" proceeding under ORS 181.823 or 181.826, at the
time the petition is filed. Fees collected under this
subsection shall be. deposited. into. the Judicial Depart-
ment Operating Account established in ORS 1.009.
(4) For purposes of this section, the amount
claimed, value of property, damages or any amount in
controversy does not include any amount claimed as
costs and disbursements or attorney fees as defined by
ORCP 68 A.
(5) A pleading or other document shall be filed by.
the clerk.only if the fee required under this section is
paid by the person filing the document, or if a request
for a fee waiver or.deferral is granted by the court. No
part of any such filing. fee shall be refunded to any
party. The uniform. fee shall cover all services to be
performed by the court or clerk in any such action, suit
or proceeding; except where additional fees are specially
authorized by law.
(6)..Any plaintiff, appellant, "moving party, defend-
ant or respondent that-files an action or appearance
that is subject. to the filing fees established under sub-
section -•(2). of this section must include in the caption
of the pleading the following, words: "Claim of ' not
more than $10,000."
(7) The .fees imposed by this section. do not apply
to:.
(a) Protective proceedings under ORS chapter, 125;
(b) Proceedings for dissolution of marriage, annul-
ment of marriage or separation;
(c) Filiation proceedings. under ORS 109.124 to
109.230;
(d) Proceedings to determine custody or support of
a child under ORS 109.103;
(e) Probate, adoption or change of name pro-
ceedings;
(f) Proceedings involving dwelling units to which
ORS chapter 90. applies and for which the fee is pro-
vided by ORS 105.130; or
(g) Any counterclaim, cross-claim or third-party
claim filed by a, party who has appeared in the action
.or proceeding.
(8) The fees described in this section shall not be
charged to a district attorney or to the Division of
Child, Support of the Department of Justice for the filing
of any case, motion, document, stipulated order, process
or other document relating to the provision of support
enforcement services as described in ORS 25.080.
Note: Section 15, chapter 659, Oregon Laws 2009,
provides:
Sec. 15. (1) The amendments to ORS 21.110 by sec-
tion 14 of this 2009: Act apply only to civil actions, suits
and proceedings filed on or after October 1, 2009, and
before July 1, 2011.
(2) All fees imposed pursuant to the amendments to
ORS 21.110 by section 14 of this 2069 'Act shall be de-
posited in the Judicial System Surcharge Account.
(3) The collections and revenue management pro-
gram established under ORS 1.204 may not be reim-
bursed under ORS 1.204 from fees imposed pursuant to
the amendments to ORS 21.110 by section 14 of this 2009
Act. [2009 c.659 §151
Title 2 Page 344 (2009 Edition)
107.485
DOMESTIC RELATIONS
the manner provided by law for service of
summons, the court may renew or extend the
duration. When the judgment. is for unlimited
separation, a party may by motion alleging
that the cause for separation no longer exists
and after due service of notice upon the
other party in the manner provided by law
for service of summons, apply for an order
modifying or vacating the judgment, subject
to the provisions of ORS 107.135. [1973 e.502
§14; 2003 e.576 §1281
SUMMARY DISSOLUTION PROCEDURE
107.485 Conditions for summary dis-
solution procedure. A marriage may be
dissolved by the summary dissolution proce-
dure specified in this ' section and ORS
107.490 when all of the, following conditions
exist at the time the : proceeding is com-
menced:
(1) The jurisdictional requirements of
ORS 107.025 and 107.075 are met.
(2)(a) There are no minor children born
to the parties or adopted by the . parties dur-
ing the marriage;
(b). There are no children over age 18 at-
tending school, as described in ORS 107.108,
either. born to the parties or adopted by, the
parties during the marriage;
.(c) There are no minor children born to
or adopted by the. parties prior to the mar-
riage; and
(d) The wife is not now pregnant.
(3) The marriage is riot. more than 10
years in duration.
(4) Neither party has. any interest in real
property wherever situated:
(5) There are no unpaid obligations in
excess of $15,000 incurred by either or both
of the parties from the date of the marriage.
(6) The total aggregate fair market value
of personal property assets in which either
of the parties has any interest, excluding all
encumbrances, is less than $30,000.
(7) The petitioner. waives any right to
spousal support.
(8) The petitioner waives any rights. to
pendente lite orders except those pursuant to
ORS 107.700 to 107.735 or 124.005 to 124.040.
(9) The petitioner knows of no other
pending domestic relations suits involving
the marriage in this or any other state. [1983
c.692 §1; 1985 c.610 §12; 1995 c.666 .§17; 1997 e.704 §53;
2007 c.ll §3; 2007 c22 §41
107.490 Commencement of proceeding;
petition content; court authority. (1) A
proceeding for summary dissolution of the
marriage shall be commenced by filing in the
circuit court a petition in the form pre-
scribed by the State Court Administrator
under ORS 107.500. The petition shall be
signed by the petitioner. and shall state that
as .of the date of the filing of 'the petition
each and-every condition set forth in ORS
107.485 has been met. The court, upon its
own motion, may require a showing by ap-
pearance or affidavit of the .petitioner.
(2) The petitioner shall serve the re-
spondent with a summons and a true copy of
the petition in the manner provided in ORCP
7 D and E. Service must be proved as re-
quired in ORCP 7 F.
(3) Within 30 days after the date on
which the respondent is served with . the
summons or, if service .is made by publication
or posting. under..ORCP 7 1)(6), within 30
days from. the date of last publication or
posting, the respondent shall file with the
court a written answer to the petition or a
motion, along with the required filing fee,
and proof of service of the answer, or motion
on the petitioner.
(4) If the respondent fails to file a written
answer or . motion as required by this section
or fails to appear for a hearing 'in the pro-
ceeding,. the court may find the respondent
in default, enter a judgment of summary dis-
solution , and . award. costs to the petitioner or
the state if fees and costs were waived or
deferred.. [1983 c.692 §2;_2007 call §41
107.500 Forms. (1) The State Court Ad-
ministrator shall prescribe the content of
forms for use under ORS 107.485 and 107.490,
including forms related . to the waiver or
deferral of fees and court costs under ORS
21.680 to 21.698, and an instructional bro-
chure describing the procedures set forth in
ORS 107.485 and 107.490.
(2) Each circuit court shall make avail-
able the appropriate forms and the instruc-
tional brochure described in subsection (1)
of this section. [1983 c.692 §3; 1985 e.610 §13; 1993
c.448 §5; 1995 c.637 §11; 1995 c.666 §18; 1999 c.738 §6; 2003
c.264 §6; 2003 c.380 §4;' 2003 c.576 §129; 2007 call §5; 2007
c.493 §18c]
CONCILIATION SERVICES .
107.510 Definitions for ORS 107.510 to
107.610. As used in ORS 107.510 to 107.610:
(1) "Conciliation jurisdiction" means do-
mestic relations conciliation jurisdiction and
authority exercised under ORS 107.510 to
107.610 by a circuit court in any controversy
existing between spouses which may, unless
a reconciliation or a settlement of the con-
troversy is effected, result in the dissolution
or annulment of the marriage or in dis-
ruption of the household.
(2) "Conciliation services" means domes-
tic relations counseling and related services
obtained by a circuit court exercising concil-
Title 11 Page 496
(2009 Edition)
ti;
DISSOLUTION, ANNULMENT AND SEPARATION 107.570
iation jurisdiction and used by the court in settlement of the controversy has not been
exercising that jurisdiction. effected, the domestic relations suit shall
(3) "Domestic relations suit" means suit proceed as if the court had not exercised
for dissolution of the marriage contract, an- conciliation jurisdiction. [1963 c.434 §4; 1971 e.280
nulment of the marriage or separation. §261
(4) "Separation" means separation from
bed and. board and separate maintenance.
[1963 c.434 §1; 1,971 c.280 §24; 1973 c.502 §13; 1999 c.59
§21;.2001 c.104 §331
107.520 Establishment of conciliation
jurisdiction. The circuit court for any
county or the circuit courts of more than one
county comprising a judicial district after
making a determination that the .social con-
ditions.of the.'county or district make it de-
sirable to. establish conciliation services for
the full and proper consideration of domestic
relations suits filed in such county or district
may exercise conciliation jurisdiction and
obtain, use and provide conciliation services
under ORS 107.510 to. 107.610. After concil-
iation jurisdiction has been established the
circuit court or courts of such county or
district may at any time determine that the
need for such service does not warrant its
continuance and terminate the same. [1963
c.434 §2; 1965 c.625 §1; 1971 e.280 §25; 1999 c.59 §221
107.530 Source of conciliation services;
county to pay expenses. (.1),A circuit court
or the circuit courts of a judicial district ex-
ercising conciliation jurisdiction may obtain
conciliation services, with the prior approval
of the governing body of each county in-
volved, by:
(a) Employing or contracting for counse-
lors and other personnel; or
(b) Contracting or entering into agree-
ments with . public or private agencies to
provide conciliation services to the court or
courts.
(2) Subject to the provisions of the Local
Budget Law, the..compensation and expenses
of personnel performing conciliation services
for the circuit court or courts and other ex-
penses of providing conciliation services may
be paid by the county or as may be agreed
upon between the counties involved. Person-
nel performing conciliation services are not
state employees, and their compensation and
expenses shall not be paid by the state. [1963
c.434 §3; 1965 c.625 §2; 1981 s.s. c.3 §351
107.540 Conciliation jurisdiction by
court; effect. Whenever any domestic re-
lations suit is commenced in a circuit court
exercising conciliation jurisdiction and pro-
viding conciliation services, the court may,
in its discretion, exercise conciliation juris-
diction over the controversy and over the
parties thereto and all persons having any
relation to the controversy. If, within 45 days
after the court commences to exercise con-
ciliation jurisdiction, a reconciliation or a
107.550 Petition . for conciliation juris-
diction; content; rules. (1) Whenever either
spouse or both spouses file in a circuit court
exercising conciliation jurisdiction and pro-
viding conciliation services a petition re-
questing the court to exercise conciliation
jurisdiction with respect to a controversy
existing between the spouses, the court shall
exercise conciliation jurisdiction over the
controversy and over the parties thereto and
all persons having any relation . to the con-
troversy..
(2) The petition shall:
(a) Allege that a controversy exists be-
tween the spouses and request the aid-of the
court to effect a reconciliation or a settle-
ment of the controversy;
(b) State the name, address and age of
each spouse and the date and place of mar-
nage;
(c) State the name, address and age of
each minor child of the spouses or either
spouse;
(d) State, if known; whether a domestic
relations suit involving the same marriage is
pending. in any other court in this. or any
other state; and
(e) State such . other information as the
court, by rule, may require.
(3) No fee shall be charged for filing the
petition. [1963 c.434 §5; 1965 c.625,§31
107.560 Effect of petition; . waiver. (1)
A petition may be filed under ORS 107.550
whether or not a domestic relations suit. in
which the spouses are parties has-been com=
menced. Except as provided. in subsection (2)
of this section, when a petition for concil-
iation jurisdiction is filed no trial or hearing
on the merits of a domestic relations suit
between the parties shall be had until after
the expiration of 45 days from the filing of
the petition; provided, however, that during
this period the court may use its full equity
powers to protect and preserve the rights of
the spouses.
(2) Subject to the provisions of ORS
107.065, the court may, in its discretion,
waive the 45-day period as prescribed by
subsection (1) of this section upon stipulation
of the parties or upon written motion sup-
ported by affidavit setting forth facts which
satisfy the court that such waiver is war-
ranted. [1963 c.434 §6; 1965 c.625 §4; 1975 c.228 §11
107.570 Notice; attendance at hear-
ings. When a circuit court undertakes to
exercise conciliation jurisdiction pursuant to
Title 11 Page 497 (2009 Edition)
107.580
DOMESTIC RELATIONS
ORS 107.540 or 107.550, it shall refer the
matter to the conciliation services provided
by the court. The court shall cause notice to
be given to the spouses of the undertaking
to exercise conciliation jurisdiction and the
authority therefor, whether under ORS
107.540 or 107.550, and of the time and place
of any hearing, conference .or other, proceed-
ing scheduled pursuant to A he exercise of
conciliation jurisdiction. The court may re-
quire the attendance of the spouses and of
witnesses as in other civil cases. [1963 c.434
§71
107.580 Restriction of services; prior-
ity when children involved; rules. When-
ever a circuit court determines that the
conciliation services provided by it are not
adequate. for the proper disposition of all
matters that may be referred to the services
under ORS 107.570, the court, by rule, may
restrict the services provided, but shall give
priority to controversies in which the
.spouses have children under 15 years of age
whose welfare is involved in the outcome of
the controversy. [1963 c.434 §81
107.590 Court orders; reconciliation
agreements. (1). A circuit court undertaking
to exercise conciliation jurisdiction pursuant
to ORS 107.540 or 107.550, with the consent
of the spouses, may make orders with respect
to the conduct of the spouses and with re-
sped to the subject of the controversy as it
considers necessary to. preserve the marriage
or to implement the ; reconciliation of the
spouses; but an order shall not be effective
for more than 60 days. unless the spouses
consent to a continuance of the order.
(2) Any reconciliation agreement between
the spouses may be reduced to writing, and,
with the consent-. of the spouses, the court
may make an order requiring the spouses to
comply fully with the agreement.
(3) The court may at any time terminate
or modify any order previously made. [1963
C.434 §9; 1965 c.625 §51
107.600 Privacy of proceedings; confi-
dentiality of communications; records. (1)
All hearings, conferences and other pro-
ceedings held pursuant to circuit court exer-
cise of conciliation jurisdiction pursuant to
ORS 107.540 or 107.550 shall be held in pri-
vate, and all persons other. than officers of
the court, conciliation services personnel,
the spouses, their counsel and witnesses
shall be excluded.
(2) All communications, verbal or writ-
ten, between spouses and from spouses to
counselors, the court, attorneys, doctors or
others engaged in the conciliation pro-
ceedings, made in conciliation conferences,
hearings and other proceedings had pursuant
Title 11
to the exercise of the court's conciliation ju-
risdiction shall be confidential. A spouse or
any other individual engaged in conciliation
proceedings . shall not be examined in any
civil or criminal action as. to such commu-
nications. Exceptions to testimonial privilege
otherwise applicable under ORS 40.225 to
40.295 do not apply to communications made
confidential under this subsection.
(3) All records of the court with respect
to exercise of conciliation' jurisdiction shall
be closed. However, any petition filed under
ORS 107.550, any written reconciliation
agreement between the spouses and any
court order made in the matter may be
opened to inspection by. either spouse or
counsel upon written authorization by a
judge of the court. ' [1963,.c.434 §30; 1965 c.625 §6;
1981 c.892 §881
107.610 Qualifications of conciliation
counselors. Persons performing conciliation
services under -ORS 107.510 .to 107,610 shall
have minimum educational and experience
qualifications, of a masters degree in the be-
havioral sciences; or a bachelor's degree and
one year's graduate training,, both in the be-
havioral sciences plus. two years' ' paid
casework or clinical experience; or a .bach-
elor's degree in the behavioral sciences plus
four years' paid casework or clinical experi=
ence. [1963 c.434 §12;1971 c.280 §27; 1999 c.59 §231
107.615 Fees to support services;, con-
tracts for service; eligibility rules. (1). The
governing body of any county may impose a
fee up to $10 above that prescribed in ORS
205.320 (5) for issuing a marriage license or
registering a Declaration of Domestic Part-
nership.
.(2) In addition to any other funds used
therefor, the governing body shall use , the
proceeds from the fee increase authorized by
this section to pay the expenses of concil-
iation services under ORS 107.510 to 107.610
and mediation services under ORS 107.755 to
107.795. If there are none in the county, the
governing body may provide conciliation and
mediation . services through other county.
agencies or may contract with a public or
private agency or person to provide -concil-
iation and mediation services.
(3) The governing body may establish
rules of eligibility . for conciliation , services
funded under this section so long as its rules
do not conflict with rules of the court
adopted under ORS '107.580.
(4) Fees collected under this section shall
be collected and deposited in the same man-
ner as other county funds are collected and
deposited but shall be maintained in a sepa-
rate account to be used as provided in this
section. [1977 c.489 §1; 1983 c.671 §7; 1991 c.230 §33;
2007 c.99 §121
Page 498
(2009 Edition)