Section 1. The Judicial Power shall be vested in the Supreme Court and consist of three appointed Justices. All Supreme Court Justices shall be Citizens of the United States of America and shall have been residents of Oregon for a minimum of three years from the time of taking office. The term of office shall be six years and shall not serve more than a total of twenty seven years in their lifetime. The Justices will be appointed by the Governor and approved or disapproved by the Senate by a simple majority vote. Approval or Disapproval is required to happen within 30 days of Senate being in session. At the end of a term of office, the Governor is required to appoint a replacement or reappoint the same Justice and submit to the Senate for approval or disapproval. Disapproval will require the Governor to submit a new replacement for Senate approval. Disapproval requires a two year waiting period before a candidate can be resubmitted. The six year term of office shall not be tied to any calendar or event.
Section 2. All Judges lower than the Supreme Court shall be elected by the legal voters of the State of their respective districts for a term of four years.
Section? District, appeals, traffic TBD
Section 3. Compensation for all Judges will be set by the Senate and shall be set by each Legislative Assembly session for any incoming Judges. Compensation shall be made per prevision of Article 1 Section 3.
Section 4. All Judges shall retire at the age of 75 years and may remain in office for an additional ten months until replaced by appointment or election. The Legislative Assembly or the people may by law, authorize or require the retirement of Judges for physical or mental disability or any other cause rendering judges incapable of performing their judicial duties. All retiring Judges shall retain their titles as Judge and shall be Lifetime Justices of the Peace for the sake of preforming marriages.
Section 5a. The Supreme Court may, in its own discretions, take original jurisdiction in mandamus, quo warranto, and habeas corpus proceedings.
Section 5b. The Supreme Court may temporarily assign judges of lower courts to serve temporarily outside the district for which they were elected. A judge or member of the bar so appointed or assigned shall, while serving, have all the judicial powers and duties of a regularly elected judge of the court to which they are assigned or appointed. Temporarily assigned offices shall not operate more than 10 months and require Senate approval to continue.
Section 6. Jury trial; re-examination of issues by appellate court; record on appeal to Supreme Court; affirmance notwithstanding error; determination of case by Supreme Court. In actions at law, where the value in controversy shall exceed $1000 or set by law, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any court of this state, unless the court can affirmatively say there is no evidence to support the verdict. Until otherwise provided by law, upon appeal of any case to the Supreme Court, either party may have attached to the bill of exceptions the whole testimony, the instructions of the court to the jury, and any other matter material to the decision of the appeal. If the Supreme Court shall be of opinion, after consideration of all the matters thus submitted, that the judgment of the court appealed from was such as should have been rendered in the case, such judgment shall be affirmed, notwithstanding any error committed during the trial; or if, in any respect, the judgment appealed from should be changed, and the Supreme Court shall be of opinion that it can determine what judgment should have been entered in the court below, it shall direct such judgment to be entered in the same manner and with like effect as decrees are now entered in equity cases on appeal to the Supreme Court. Provided, that nothing in this section shall be construed to authorize the Supreme Court to find the defendant in a criminal case guilty of an offense for which a greater penalty is provided than that of which the accused was convicted in the lower court
Section 8. Juries; indictment; information; verdict in civil cases. (1) The Legislative Assembly shall provide by law for: (a) Selecting juries and qualifications of jurors; (b) Drawing and summoning grand jurors from the regular jury list at any time, separate from the panel of petit jurors; (c) Empaneling more than one grand jury in a county; and (d) The sitting of a grand jury during vacation as well as session of the court. (2) A grand jury shall consist of seven jurors chosen by lot from the whole number of jurors in attendance at the court, five of whom must concur to find an indictment. (3) Except as provided in subsections (4) and (5) of this section, a person shall be charged in a circuit court with the commission of any crime punishable as a felony only on indictment by a grand jury. (4) The district attorney may charge a person on information filed in circuit court of a crime punishable as a felony if the person appears before the judge of the circuit court and knowingly waives indictment. (5) The district attorney may charge a person on information filed in circuit court if, after a preliminary hearing before a magistrate, the person has been held to answer upon a showing of probable cause that a crime punishable as a felony has been committed and that the person has committed it, or if the person knowingly waives preliminary hearing. (6) An information shall be substantially in the form provided by law for an indictment. The district attorney may file an amended indictment or information whenever, by ruling of the court, an indictment or information is held to be defective in form. (7) In civil cases three-fourths of the jury may render a verdict.
Section 9. Incompetency or malfeasance of public officer. Impeachment of any or all of the Judicial branch of government shall be covered in Article 1, Section 9.
Section 10. Oath of office of Judges of Supreme Court. Every judge of the Supreme Court, before entering upon the duties of his office, shall take and subscribe, and transmit to the secretary of state, the following oath: “I, , do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the State of Oregon, and that I will faithfully and impartially discharge the duties of a judge of the Supreme Court of this state, according to the best of my ability, and that I will not accept any other office, except judicial offices, during the term for which I have been installed.”
Section 11. Censure of judges.
- The Supreme Court shall have the sole responsibility for Censorship of a Judge.
- Censorship will be evidence for impeachment per Article 1, Section 9 for removal from office.
- “Not Guilty” by the Senate shall reinstate that Judge to the office held.
- Censorship shall be done for the following:
- Willful or persistent failure to perform judicial duties.
- Generally incompetent performance of judicial duties.
- Willful violation of any rule of judicial conduct as shall be established by the Supreme Court.
Section 12. Juries of less than 12 jurors. Provision may be made by law for juries consisting of more than 12 but not less than six jurors. Long term trials may have three alternatives.