What are Oregon Court Records?
Located in the Pacific Northwest region of the United States, Oregon is home to approximately 4.2 million people spread across 98,000 square miles, making it the country's 27th-most populous and ninth-largest by area. The state's Judicial Department (comprising trial courts, a tax court, and appellate courts) and its other lower-level courts play a vital role in resolving disputes between individuals, businesses, and government entities, protecting Oregonians' rights, ensuring fair trials, and upholding justice. Even though the death penalty is legally allowed in Oregon, no executions have been carried out since 2011, when former Governor John Kitzhaber declared a moratorium on executions and ordered a review of the state's death penalty system.
Oregon court records are official documents and information generated during or concerning cases that have been filed and processed within the state's court system. These records typically include:
Docket Sheets
A chronological listing of all actions and filings in a particular case
Transcripts
Written records of everything said during court proceedings
Exhibits
Physical or digital evidence presented during a case
Witness Testimonies
Statements given under oath by individuals who have firsthand knowledge considered relevant to a case
Court Orders
Official directives issued by a judge
Briefs
Written arguments submitted by parties in a case that outline their positions and supporting legal principles
Legal Motions
Formal requests made to a court by parties in a case seeking a specific ruling or order
Summonses and Subpoenas
Documents that mandate a person to appear in court or produce evidence
Sworn Affidavits
Written statements made under oath that affirm the truth of the information provided
Deposition Tapes
Recorded audio or videos of out-of-court witness testimonies (these are usually taken during the discovery process)
Judgments and Verdicts
The official final decision or ruling made by a court
Case Files
Comprehensive collections of all documents related to a specific case
These court records are generally considered public records, meaning that any interested member of the public can request and view these records. However, exceptions are sometimes made to this accessibility, and certain records may be restricted, sealed, or redacted. This is usually done to protect privacy, sensitive information, or the interests of justice.
Types of Court Cases
The Oregon judicial system is structured to handle various legal issues, ranging from serious offenses to everyday disputes. Cases filed in these courts are primarily divided into criminal and civil categories, each with distinct characteristics and potential outcomes.
Criminal Cases
Criminal cases in Oregon generally involve acts that are considered an offense against the state or society as a whole and not just the actual victims of the crime. These types of cases are initiated by the state government, represented by District Attorneys who handle the prosecution against the individuals (or entities) accused of committing the crime. Criminal cases are grouped into misdemeanors or felonies depending on the severity of the crime. Felonies are the more serious crimes, such as murder and armed robbery, carrying severe penalties like long prison sentences or, in rare cases, the death penalty (although capital punishment is currently under a moratorium in Oregon). Misdemeanors are less severe offenses, like petty theft or DUI, with penalties usually involving shorter jail time, smaller fines, or community service.
Criminal proceedings in Oregon typically begin with an arrest, followed by a first appearance where bail is addressed and a plea may be entered. Felony cases then proceed to a preliminary hearing or a grand jury to determine if there's enough trial evidence. Most cases end in plea agreements, but if a trial occurs, both parties will present evidence and argue their cases before a judge and/or jury, after which a verdict will be given.
A unique aspect of criminal cases is the burden of proof. Defendants (the accused) are presumed innocent until proven guilty, and the prosecution must prove this guilt "beyond a reasonable doubt". This high standard is necessary due to the serious consequences of a conviction.
Civil Cases
Civil cases in Oregon involve disputes between individuals, organizations, or government entities and typically revolve around contract and property disputes, family law, and personal injury claims. These cases are usually initiated by a private party, known as the plaintiff, seeking compensation (or other remedies) from another party, who becomes the defendant.
It's worth noting that the burden of proof in civil cases is lower than in criminal cases. The standard for these cases is known as a "preponderance of the evidence", meaning that the plaintiff must prove that it's more likely than not that their claims are true. Also, unlike criminal cases, these cases do not result in imprisonment - the goal of civil cases is to resolve the dispute at hand. As such, the outcome often involves monetary damages being awarded to the plaintiff or the defendant being compelled to complete a contractual obligation.
What Are the Different Courts in Oregon?
Oregon courts are generally divided into four levels. At the lowest level are the County Courts, Justice Courts, Municipal Courts, and Tax Courts – these are limited jurisdiction courts that typically focus on specific types of cases, followed by the Circuit Courts, which are the state's general jurisdiction trial courts. Next is the Court of Appeals, an intermediate appellate court, and then the Oregon Supreme Court, the highest court in the state.
Oregon Supreme Court
The Oregon Supreme Court is the state's highest judicial authority and its "court of last resort", meaning that it serves as the final interpreter of state law. The Supreme Court comprises seven justices elected for six-year terms in a nonpartisan, statewide ballot. Only United States citizens who are members of the Oregon State Bar and have been Oregon residents for at least three years can become Supreme Court justices.
The Supreme Court primarily handles discretionary reviews of the Court of Appeals' decisions and typically selects cases that pose significant legal questions; however, matters involving the death penalty are directly appealed to this court. The court also directly reviews attorney and judge discipline matters, Tax Court appeals, certain election-related issues, and any other matters of substantial legal importance that can have a statewide impact. In addition, the Oregon Supreme Court manages the admission and discipline of lawyers and judges in the state and oversees the Oregon Judicial Department (this does not include the County, Justice, and Municipal Courts).
Oregon Court of Appeals
The Oregon Court of Appeals is the state's intermediate appellate court. It has jurisdiction over most civil and criminal appeals, except for specific cases that go directly to the Oregon Supreme Court, such as death penalty cases and Tax Court appeals. The Court of Appeals consists of 13 judges organized into four three-judge panels, with the Chief Judge overseeing and participating in the panels. These judges are elected to six-year terms and must be United States citizens who are also members of the Oregon State Bar and qualified to vote in their county of residence.
After reviewing an appeal, a panel may either affirm the Circuit Court's decision or draft an opinion, which may include dissenting views. Once an opinion is adopted, it is reviewed by all 13 judges, who may agree with it or call for an en banc review of the appeal (a review by the full court). Decisions made by the Court of Appeals can be petitioned for further review by the Oregon Supreme Court within 35 days. Note that the Supreme Court can decide whether or not to accept the case.
Oregon Circuit Courts
The Circuit Courts are Oregon's trial courts of general jurisdiction, meaning they handle all types of criminal and civil cases (excluding tax cases). These courts are located in each of Oregon's 36 counties and organized into 27 judicial districts overseen by presiding judges. Oregon Circuit Courts are "courts of record;" as such, all trial proceedings are recorded for potential appeals. The courts also engage in various programs, such as treatment courts and mediation, to improve case resolution.
Circuit Court judges are elected for six-year terms. Eligibility requirements for becoming a Circuit Court judge include being a United States citizen who has resided in Oregon for at least three years. These judges must have also lived in their judicial district for at least one year (however, exceptions are made for Multnomah County judges, who are allowed to reside within ten miles of the county). Presiding judges for each judicial district are appointed by the Chief Justice of the Supreme Court for two-year terms.
Oregon Tax Court
The Oregon Tax Court is a specialized court with exclusive statewide jurisdiction over all matters related to state tax laws, such as income, property, and corporate taxes. The court consists of a judge elected to a six-year term and magistrates (who are appointed, sworn judicial officers trained and experienced in tax law).
The Tax Court has two divisions: a Magistrate Division, where cases are first heard informally by a magistrate, and the Regular Division, where cases are heard "de novo" (tried anew) by the Tax Court judge if the magistrate's mediation process cannot resolve the matter. Appeals on the Tax Court judge's final decision are filed directly to the Supreme Court.
Oregon Municipal Courts
Oregon's Municipal Courts serve as the judicial branch of city government, separate from the state's Judicial Department; nonetheless, their procedures are largely controlled by state law. These courts handle cases involving violations of city laws, traffic violations, and certain state statutes within city limits. They also share jurisdiction with circuit and justice courts for misdemeanors and violations in the city but have no jurisdiction over felonies.
Municipal Court judges are typically appointed by the city council (though some are elected), and eligibility criteria are also determined locally.
Oregon Justice Courts
Justice Courts in Oregon are limited jurisdiction courts established by county governments and separate from the Oregon Judicial Department. These courts have jurisdiction over misdemeanors, violations, civil claims up to $10,000, and eviction cases within their respective counties.
Justice Courts are presided over by Justices of the Peace, who serve as the primary decision-makers but are also authorized to empanel juries; they can also conduct weddings. These judges are elected for six-year terms and must be U.S. citizens who have lived in Oregon for three years and have resided in the justice court district for one year before running for election. Appeals of the Justice Courts' decisions are filed to the Circuit Courts.
Oregon County Courts
While County Courts once existed in all 36 Oregon counties, in most counties, the title "county judge" now refers to the chair of the Board of County Commissioners; these judges are not required to be members of the bar and mainly handle non-judicial administrative duties.
Nonetheless, in six counties - Gilliam, Sherman, Wheeler, Grant, Harney, and Malheur – the Board of Commissioners still acts as a County Court, with the county judge still retaining limited judicial functions, usually over probate and juvenile cases.
How Many Federal Courts Are in Oregon?
Oregon has one federal court: the United States District Court for the District of Oregon. This court operates four courthouses in Eugene, Medford, Pendleton, and Portland and handles cases involving federal law, actions by federal agencies, or the U.S. Constitution. The court also has a dedicated Bankruptcy Court that manages all bankruptcy cases filed in the state and holds sessions in Portland and Eugene.
Appeals from the United States District Court for the District of Oregon are reviewed by the Ninth Circuit Court of Appeals, which also covers California, Washington, Nevada, Montana, Arizona, Idaho, Alaska, and Hawaii.
How Many Court Cases Are Filed Each Year in Oregon?
The number of court cases filed annually in Oregon often varies depending on the type of court and the year. However, a significant portion of these cases are addressed in the state's Circuit Courts; these courts collectively handled over 528,000 cases in 2023 alone. Here is a breakdown of the cases filed with the Circuit Courts over the past five years:
- Criminal Cases: Criminal cases comprise a considerable portion of the Circuit Court's annual caseload. An average of 368,395 criminal cases, including parking offenses, procedural matters, and other violations, were filed annually in Oregon's Circuit Courts over the past five years, accounting for more than 68 percent of the court cases filed during this period.
- Civil Cases: Civil cases (excluding probate matters) comprise around 19% of the Circuit Court's annual caseload.
- Domestic Relations Cases: an average of 41,196 domestic relations matters, including dissolutions and protection orders, are filed in Circuit Courts every year, accounting for nearly eight percent of the total number of cases filed annually.
- Juvenile Cases: juvenile cases make up less than two percent of the court cases filed in Oregon's Circuit Courts annually.
How Do I Look Up Court Cases in Oregon?
The Oregon Judicial Branch (OJD) provides an Online Records Search portal that you can use to look up basic case information at no cost; this portal can also be accessed via public access terminals in each Circuit Court. However, if you wish to inspect or copy court records, you must contact the appropriate court or administrative office holding the records and submit a written request to the record custodian. This is typically the Trial Court Administrator for Circuit Courts, the Records Administrator for the appellate and tax courts, and court clerks for the other courts.
Requests may be submitted in person, by mail, online via the OJD's Records Request Form, or any other method provided by the court in question. Be aware that you will be charged a fee determined by the nature of your request.
What Court Records Are Not Available to the Public in Oregon?
Certain Oregon court records are considered confidential and statutorily exempt from inspection by members of the public. These include but are not limited to, records related to adoption, juvenile cases, mental health rulings, or those governed by the Violence Against Women Act. Access to these confidential records is generally limited to the parties involved in the case, their legal representatives, specific law enforcement or government officials (acting in their official capacity), and individuals with a court order granting them access to the record.
Expunged court records are also typically not available to the public in Oregon. Expungement in Oregon is a legal process that seals a criminal record, making it as though the arrest or conviction never occurred. Note that certain offenses are not eligible for this process. These include Class A felonies, most sex crimes, and offenses involving the criminal mistreatment of elderly Oregonians (aged 65 and older) or minors.