Chapter 2.20
MUNICIPAL JUDGES*

Sections:

2.20.010  Appointment resolution.

2.20.020  Pro tempore judges.

2.20.030  Administration.

2.20.040  Salary.

2.20.050  Term of office.

2.20.060  Standards of conduct and performance.

2.20.070  Supervision – Removal.

2.20.080  Complaints.

* Code reviser’s note: See also Chapter 2.18 SHMC.

2.20.010 Appointment resolution.

In order to appoint any municipal court judge as the judicial officer of the city under Chapter V, Section 21, of the Charter of the city of St. Helens, the council shall enact a resolution naming the appointee, the effective date of the appointee, and stating terms and conditions of employment. Municipal court judges shall have all the charter and statutory powers of judicial officers and city judges. (Ord. 2383 § 1, 1982)

2.20.020 Pro tempore judges.

There may be more than one municipal court judge appointed for the same term. One or more municipal judges pro tempore may be appointed by resolution to act in the absence of an appointed municipal court judge.

(1)  Pro tempore judges shall have all the charter and statutory powers of judicial officers and city judges.

(2)  Pro tempore judges shall be appointed for whatever term and at whatever compensation designated by the council. (Ord. 2383 § 2, 1982)

2.20.030 Administration.

The municipal court judge so designated shall conduct court for the transaction of judicial business and administer the court calendar. (Ord. 2383 § 3, 1982)

2.20.040 Salary.

The salary of the municipal court judge shall be established annually by resolution during the city budget process and said salary shall not be reduced during the judge’s term of office. Compensation for municipal court judges pro tem shall be set in written order or resolution of the council. Municipal court judge and pro tem compensation is not determined based upon fluctuations in municipal court revenue. (Ord. 2947 § 2, 2005)

2.20.050 Term of office.

The term of office of the St. Helens municipal court judge shall be stated in the resolution appointing the judge pursuant to this chapter. The term shall be two years from the date of initial appointment when the appointment is made in an odd numbered year. Otherwise, the appointment is for one year or the unexpired term of the departing judge. The term for a pro tem shall be as set forth in the resolution appointing the judge pro tem. (Ord. 2947 § 3, 2005)

2.20.060 Standards of conduct and performance.

The city of St. Helens municipal court judge shall conduct himself or herself in accordance with all of the applicable rules of the Government Standards and Practices Commission and applicable rules in the Revised Oregon Code of Judicial Conduct, including but not limited to the following:

(1)  The judge shall have his or her performance and conduct shall be measured against the following standards:

(a)  A judge shall observe high standards of conduct so that the integrity, impartiality and independence of the judiciary are preserved and shall act at all times in a manner that promotes public confidence in the judiciary and the judicial system.

(b)  A judge shall not commit a criminal act.

(c)  A judge shall not engage in conduct that reflects adversely on the judge’s character, competence, temperament or fitness to serve as a judge.

(d)  A judge shall not engage in conduct involving dishonesty, fraud, deceit or misrepresentation.

(e)  A judge shall not allow family, social or other relationships to influence judicial conduct or judgment.

(f)  A judge shall not use the position to advance the private interests of the judge or any person, nor shall a judge convey or permit anyone to convey the impression that anyone has a special influence with the judge, but a judge may provide a character or ability reference for a person about whom the judge has personal knowledge.

(g)  A judge shall not testify as a character witness except pursuant to subpoena.

(h)  A judge shall not hold membership in any organization that the judge knows is a discriminatory organization. For purposes of this rule, "discriminatory organization" means an organization that, as a policy or practice and contrary to applicable federal or state law, treats persons less favorably in granting membership privileges, allowing participation or providing services on the basis of sex, race, national origin, religion, sexual orientation, marital status, disability or age.

(2)  The judge shall be impartial and diligent in the performance of his or her judicial duties:

(a)  A judge’s performance of judicial duties shall take precedence over all other activities, and a judge shall not neglect the business of the court.

(i)  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.

(ii)  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.

(iii)  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:

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

(B)  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.

(iv)  Except as provided in subsection (2)(a)(v) of this section, 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.

(v)  Subsection (2)(a)(iv) of this section 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; or employees of the judicial branch of government.

(b)  A judge shall not, while a proceeding is pending in any court within the judge’s jurisdiction, make any public comment that might reasonably be expected to affect the outcome or impair the fairness of the proceeding. The judge shall require similar abstention on the part of court personnel who are subject to the judge’s direction or control. This rule shall not prohibit a judge from making public statements in the course of official duties, from explaining for public information the procedures of the courts, from establishing a defense to a criminal charge or civil claim against the judge or from otherwise responding to allegations concerning the judge’s conduct in the proceeding.

(c)  A judge possessing knowledge that another judge or a lawyer has committed a violation of the rules of judicial or professional conduct or law that raises a substantial question as to that individual’s honesty, trustworthiness or fitness as a judge or lawyer shall inform the Commission on Judicial Fitness and Disability or the Oregon State Bar Disciplinary Counsel.

(d)  A judge possessing knowledge or evidence concerning another judge or lawyer shall reveal that knowledge or evidence on request by a tribunal or other authority empowered to investigate or act upon the conduct.

(e)  A judge shall disqualify himself or herself in a proceeding in which the judge’s impartiality reasonably may be questioned, including but not limited to instances when:

(i)  The judge has a bias or prejudice concerning a party or has personal knowledge of disputed evidentiary facts concerning the proceeding;

(ii)  The judge served as a lawyer in the matter in controversy, or a lawyer with whom the judge previously was associated served during the association as a lawyer in the matter, or the judge or the lawyer has been a material witness in the matter;

(iii)  The judge knows that the judge, individually or as a fiduciary, or the judge’s spouse, parent or child, wherever residing, or any other person residing in the judge’s household has a financial interest in the subject matter in controversy, is a party to the proceeding or has any other interest that could be substantially affected by the outcome of the proceeding;

(iv)  The judge, the judge’s spouse, parent or child, wherever residing, or any other person residing in the judge’s household:

(A)  Is a party to the proceeding, or an officer, director, partner or trustee of a party;

(B)  Is acting as a lawyer in the proceeding;

(C)  Is known by the judge to have an interest that could be substantially affected by the outcome of the proceeding; or

(D)  Is, to the judge’s knowledge, likely to be a material witness in the proceeding.

(f)  A judge shall be responsible for knowing about the judge’s financial interests, including such interests relating to service as a fiduciary, and shall make reasonable efforts to be informed about the financial interests of the judge’s spouse, domestic partner, parents and children, wherever residing.

(g)  For purposes of this subsection:

(i)  "Fiduciary" includes relationships such as personal representative, trustee, conservator and guardian;

(ii)  "Financial interest" means more than de minimus ownership of a legal or equitable interest or a relationship as director, advisor or other active participant in the affairs of a party, except that:

(A)  Ownership in a mutual or common investment fund that owns securities is not a "financial interest" unless the judge participates in the management of the fund;

(B)  Holding an office in an educational, religious, charitable, fraternal or civic organization is not a "financial interest" in property of the organization;

(C)  The proprietary interest of a policyholder in a mutual insurance company, a depositor in mutual savings association, or a similar proprietary interest, is a "financial interest" in the organization only if the outcome of the proceeding could substantially affect the value of the interest; and

(D)  Ownership of government securities is a "financial interest" in the issuer only if the outcome of the proceeding could substantially affect the value of the securities.

(h)  A judge who is disqualified under this subsection may, rather than withdraw from the proceeding, disclose on the record the basis of the disqualification. If, after such disclosure, the parties all agree in writing or on the record that the judge’s relationship is immaterial or that the judge’s financial interest is insubstantial, the judge may participate in the proceeding. Any writing, signed by or on behalf of all parties, shall be incorporated in the record of the proceeding.

(i)  A judge shall be faithful to the law and shall decide matters on the basis of the facts and applicable law.

(j)  A judge shall not be swayed by partisan interests, public clamor or fear of criticism.

(k)  A judge shall maintain order and decorum in proceedings before the judge.

(l)  A judge shall be patient, dignified and courteous to litigants, jurors, witnesses, lawyers, court personnel and members of the public.

(m)  A judge shall not act in a way that the judge knows, or reasonably should know, would be perceived by a reasonable person as biased or prejudiced toward any of the litigants, jurors, witnesses, lawyers or members of the public.

(n)  A judge shall require lawyers and court personnel who are subject to the judge’s direction or control to act in accord with the principles embodied in subsections (1) and (2) of this section. (JR 2-101 – JR 2-110)

(3)  Conflict with Judicial Obligations.

(a)  A judge shall not serve as an officer, director, trustee or advisor of a private or public corporation or of an educational, religious, charitable, fraternal, political or civic organization if the corporation or organization regularly engages in proceedings that would ordinarily come before the judge or in adversary proceedings in any court in Oregon.

(b)(i)  A judge shall not personally solicit funds for any private or public entity or for any educational, religious, charitable, fraternal, political, or civic organization, or use or permit the use of the prestige of the judicial office, including a reference to the judge’s official position, for that purpose.

(ii)  Notwithstanding subsection (3)(b)(i) of this section, a judge may:

(A)  Assist a private or public entity devoted to improvement of the law, legal education, the legal system, or the administration of justice in raising, managing, or investing funds;

(B)  Personally solicit funds from or make recommendations to private and public granting agencies with respect to private or public entities devoted to the improvement of the law, legal education, the legal system, or the administration of justice;

(C)  Permit the judge’s name and position to be identified in stationery or other materials listing officers, directors, trustees, or committee members of a private or public entity devoted to the improvement of the law, legal education, the legal system, or the administration of justice;

(D)  Appear at, participate in, or permit the judge’s name or title to be used in connection with, fundraising events for private or public entities devoted to the improvement of the law, legal education, the legal system, or the administration of justice;

(E)  Assist a not-for-profit private or public educational, religious, charitable, fraternal, or civic organization in raising, managing or investing funds. Such assistance may not include making a direct request for financial support for the entity as part of the judge’s involvement or permitting the judge’s title to be used in connection with such a request.

(iii)  "Personally solicit funds," as used in this subsection, means a direct request for financial support in person, by letter, by telephone, or by any other means of communication but does not include receiving and handling funds or goods donated or offered in exchange for goods or services sold to raise funds.

(iv)  "Assist ... in raising, managing or investing funds," as used in this subsection, means any fundraising activity other than personally soliciting funds.

(c)  A judge shall not directly or indirectly accept gifts, bequests, favors or loans from anyone, except that a judge may accept:

(i)  Gifts incident to a public testimonial to the judge, publications supplied by publishers on a complimentary basis for official use or invitations to the judge to attend law-related functions or activities related to the improvement of law, legal education, the legal system, or the administration of justice;

(ii)  Ordinary social hospitality; gifts, bequests, favors or loans from relatives; gifts from friends for wedding, birthday or other personal occasions; loans from lending institutions in the regular course of business on terms generally available to persons who are not judges; or scholarships, fellowships or grants awarded on terms applied to other applicants;

(iii)  Any other gift, bequest, favor or loan only if the donor is not a party or other person whose interests have come or are likely to come before the judge.

(d)  Nonpublic information acquired by a judge in a judicial capacity shall not be used or disclosed for any purpose not related to judicial duties. (Ord. 2947 § 4, 2005)

2.20.070 Supervision – Removal.

Pursuant to City Charter no appointed official may supervise the judge’s performance; accordingly, the city council alone may take action to remove a judge for misconduct in office or willful violation of applicable rules or standards of conduct; however, the council may refer said complaint or investigation to the Oregon State Bar for appropriate investigation or action, and the council may, in its sole discretion, appoint a hearing examiner, investigator or citizen board to conduct a hearing or investigation and make recommendations to the council regarding the judge’s conduct or performance. A judge shall not be removed during his or her term of office except if the judge ceases to be qualified for office, e.g., no longer an active member of the Oregon State Bar, or except for misconduct or violation of applicable rules or standards of conduct. Notwithstanding the above, the council may, without cause, remove the sitting municipal court judge upon payment of a severance equal to the compensation due for the unexpired term of the judge. (Ord. 2947 § 5, 2005)

2.20.080 Complaints.

No complaint concerning the municipal court judge shall be accepted or considered by the council unless the complainant has submitted such complaint in writing and verified the truthfulness of the allegations and facts asserted in the complaint. The council may summarily dismiss the complaint if it is determined to be unfounded or refer the matter to the appropriate agency for a hearing. (Ord. 2947 § 6, 2005)