HomeMy WebLinkAboutMediation Services FeesDeschutes County Board of Commissioners
1300 NW Wall St., Suite 200, Bend, OR 97701-1960
(541) 388-6570 - Fax (541) 385-3202 - www.deschutes.org
AGENDA REQUEST & STAFF REPORT
For Board Business Meeting of May 14, 2008
DATE: April 29, 2008
FROM: Dave Kanner
Administration 388-6565
TITLE OF AGENDA ITEM:
Consideration and signature of Board Order No. 2008-030, An Order Determining a Fee Necessary to
Pay the Expenses of Providing Mediation Services in Deschutes County Domestic Relations Suits,
Effective July 1, 2008
PUBLIC HEARING ON THIS DATE? No.
BACKGROUND AND POLICY IMPLICATIONS:
Oregon law provides that the circuit courts of the state shall provide mediation for all parties in cases in
which child custody, parenting time or visitation is in dispute, and may order mediation in other
domestic relations cases. State law further allows the courts to charge and collect a fee for mediation
services in these cases, however the law stipulates that the fee must be established by the governing
body of the county in which the court resides. (This is not a county fee and is not a part of the county
fee schedule.) In 2005, the County established a fee of $150.00 that the court charges in addition to
other filing fees in domestic relations cases. The Circuit Court of the Eleventh Judicial District
(Deschutes County) has requested that the Board increase the fee to $165.00, effective July 1, 2008. In
addition, the Court has requested that it be allowed to increase the fee each year on July 1, by a
percentage equal to the all -cities CPI -U of January to January of the preceding year, up to a maximum
of $200. The revnues raised by the fee are used to fund mediation services and to help fund Marys
Place, a local non-profit that provides safe exchange and supervised parenting time.
FISCAL IMPLICATIONS:
None. All funds are collected and disbursed by the Courts.
RECOMMENDATION & ACTION REQUESTED:
Approve Board Order No. 2008-030
ATTENDANCE: Dave Kanner, county administrator, Ernie Mazorol, trial court administrator
DISTRIBUTION OF DOCUMENTS:
One copy to Admin.
One copy to: Ernie Mazorol, trial court administrator, 1100 NW Bond St., Bend, OR 97701
REVIEWED
LEGAL COUNSEL
For Recording Stamp Only
BEFORE THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON
An Order Determining a Fee Necessary to Pay the
Expenses of Providing Mediation Services in
Deschutes County Domestic Relations Suits,
Effective July 1, 2008
ORDER NO. 2008-030
WHEREAS, the Circuit Court Judges of the Eleventh Judicial District provides mediation in
accordance with ORS 107.755 to 107.795 for child custody and visitation disputes and other programs
or services to which parties in domestic relations suits may be referred, or that may be ordered by the
court; and
WHEREAS, the Board of County Commissioners of Deschutes County, Oregon formally
established in July 2005 a fee of $150.000 pursuant to ORS 21.112; this fee is in addition to other
filing fees in domestic relations suits filed within Deschutes County; and
WHEREAS, the Board, having determined that the amount necessary to provide mediation
services, in addition to any other funds used therefore, is $165.00 per filing for each domestic relations
suit filed within Deschutes County; now, therefore,
THE BOARD OF COUNTY COMMISSIONERS OF DESCHUTES COUNTY, OREGON,
HEREBY ORDERS as follows:
Section 1. That pursuant to ORS 21.112, the Board of County Commissioners of Deschutes
County, Oregon, hereby establishes a fee to be collected by the Clerk of the Circuit Court at the time of
filing in the Circuit Court of a domestic relations suit, as defined in ORS 107.510, in addition to all
other fees collected, with the $165.00 to pay the expenses of providing the services set forth in ORS
107.755 to 107.795.
Section 2. That the fee set forth in Section 1 of this Order shall increase on July 1, 2009, and
on July 1 of each year thereafter by a percentage equal to the all -cities CPI -U of January to January of
the preceding year, but in no case shall the fee exceed $200.00. That upon adoption of this Order, the
recording secretary of the Board of County Commissioners shall file with the Clerk of the Circuit
Court a certified copy of this Order as recorded in the Deschutes County records.
Section 3. This Order shall be effective for all domestic relations suits, as defined by ORS
21.112(4) filed in Deschutes County Circuit Court on and after July 1, 2008.
PAGE 1 OF 2 - ORDER No. 2008-030 MEDIATION SERVICES - DOMESTIC RELATIONS SUITS
DATED this day of , 2008.
BOARD OF COUNTY COMMISSIONERS
OF DESCHUTES COUNTY, OREGON
ATTEST: DENNIS R. LUKE, Chair
Recording Secretary TAMMY (BANEY) MELTON, Commissioner
MICHAEL M. DALY, Commissioner
PAGE 2 OF 2 - ORDER NO. 2008-030 MEDIATION SERVICES - DOMESTIC RELATIONS SUITS