Oregon Constitution "ARTICLE VII (Amended) JUDICIAL DEPARTMENT"
Oregon Constitution – Article VII (Amended): Judicial Department – Summary
Article VII (Amended) of the Oregon Constitution governs the structure, powers, and operation of the judicial branch in the state. It replaced most of the original Article VII (adopted in 1859) through a constitutional amendment in 1910, though some sections of the original article still remain in force.
⚖️ Key Features of Article VII (Amended):
1. Establishment of Judicial Power
Judicial power is vested in:
Supreme Court
Court of Appeals
Circuit Courts
Other courts created by law (e.g., tax courts, municipal courts)
2. Jurisdiction
The Supreme Court has appellate jurisdiction and reviews decisions from lower courts.
The Court of Appeals serves as an intermediate appellate court.
Circuit Courts are the trial courts of general jurisdiction in Oregon.
3. Judicial Elections and Appointments
Judges are elected by the people in nonpartisan elections.
If a vacancy occurs, the Governor may appoint a judge to serve until the next general election.
4. Tenure and Qualifications
Judges must meet qualifications prescribed by law.
Terms of office for justices and judges are typically six years.
5. Judicial Review and Writ Powers
Courts have power to issue writs such as habeas corpus, mandamus, quo warranto, and prohibition.
They also have authority to review lower court decisions and ensure constitutionality of laws.
6. Rules and Administration
The Chief Justice of the Supreme Court is the administrative head of the judicial department.
The Chief Justice assigns judges and oversees court operations across the state.
7. Trial by Jury and Verdict Requirements
In civil cases, three-fourths of a jury may render a verdict (instead of unanimity).
In criminal cases, unanimous jury verdicts are now required (after Ramos v. Louisiana, 2020).
📜 Historical Context
The original Article VII (1859) created the basic judicial framework but was deemed insufficient by the early 1900s.
In 1910, voters approved Article VII (Amended), which largely replaced the original while allowing some sections to remain unless expressly repealed.
🔎 Remaining Provisions of Original Article VII
Some sections of the original article (like those regarding justice courts or judicial salaries) may still have force unless superseded.
RELATED Blog
0 comments