Oregon Constitution "ARTICLE VII (Original) THE JUDICIAL DEPARTMENT"
Oregon Constitution – Article VII (Original): The Judicial Department is the original judicial article adopted in Oregon’s 1857 Constitution. Though significantly modified by the 1910 amendment (which created Article VII [Amended]), the original Article VII still remains in the Constitution for historical and legal reasons.
Here's a summary of Article VII (Original): The Judicial Department:
🔹 Section 1: Judicial Power
The judicial power of the state is vested in:
A Supreme Court
Circuit Courts
County Courts
Justices of the Peace
Other courts as the Legislative Assembly may establish
🔹 Section 2: Supreme Court
Composed of four justices, with terms of six years.
The legislature may increase the number of justices.
The justices select a Chief Justice from among themselves.
Jurisdiction: Primarily appellate; reviews decisions of lower courts.
🔹 Section 3: Circuit Courts
Have general jurisdiction in law and equity (civil and criminal cases).
The state is divided into judicial districts, each with an elected circuit judge.
🔹 Section 4: County Courts
Exist in each county, with jurisdiction in probate matters and limited judicial powers in civil/criminal cases.
Also serve administrative roles in county government.
🔹 Section 5: Justices of the Peace
Elected in districts for handling minor civil and criminal matters.
Serve short terms and provide local access to justice.
🔹 Section 6–9: Terms, Elections, and Qualifications
Judges are elected by voters for fixed terms.
Must be qualified electors (i.e., citizens eligible to vote).
Salaries are fixed and cannot be increased or decreased during their term.
🔹 Section 10: Courts Always Open
Courts must remain open to all people, and justice must be:
Administered promptly
Without denial or delay
🔹 Section 11: Trial by Jury
Preserves the right to a trial by jury in both civil and criminal cases.
🔹 Section 12: Judicial Removal
Judges may be removed for misconduct, through impeachment or other processes provided by law.
⚠️ Important Note:
In 1910, Oregon adopted Article VII (Amended) to replace and modernize the judicial structure. Most functions under the original Article VII were superseded, but the original article was never repealed and remains in the Constitution.
Effectively, the judicial system today operates under Article VII (Amended), but courts sometimes reference the original article for historical context or interpretation.
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