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Oregon’s court system at first blush seems perhaps extensive and complex. But in essence, it boils down to a series of four courts on three levels – numerous circuit courts on the bottom, a Supreme Court at the top, and the Court of Appeals and state Tax Court in the middle.

Oregon Supreme Court

The seven elected justices of the Oregon Supreme Court are the state’s court of last resort. The panel is led by a chief justice, presently Paul J. De Muniz, who is chosen by the other justices to serve a six-year term in that role.

The Supreme Court has discretionary review of cases arising from the Court of Appeals. While any party who is dissatisfied with a Court of Appeals decision may petition the Supreme Court to be heard, the Supreme Court can choose whether to accept or deny the case.

In death penalty cases, Oregon Tax Court decisions, and certain labor law injunctions, the Supreme Court has direct review of a judicial decision, receiving the case directly without it first being considered by the Court of Appeals. The court also has direct review over certain agency proceedings, including prison site choices, Energy Facility Siting Council decisions and certain solid waste disposal site selection decisions. The court has direct, but discretionary, review of certified questions of law from federal courts or courts of another state.

Original proceedings that might take place in the Supreme Court include: writs of mandamus; habeas corpus; quo warranto; ballot titles; explanatory statements and statements of fiscal impact; and reapportionment reviews, which take place every 10 years.

The court also makes the rules for the practice of law in Oregon and enforces those rules, has the power to reprimand, suspend or disbar attorneys after trial by the Disciplinary Board, and reviews judicial fitness and disability.

Court transcripts and other information on pending cases can be found online, as can the court’s opinions.

Oregon Court of Appeals

Created in 1969, the Oregon Court of Appeals is the first level of appeal following a trial in Circuit Court. The court was given the jurisdiction to hear all civil and criminal appeals from circuit court, except death penalty cases which go directly to the Supreme Court. The Court of Appeals also reviews most state administrative agency actions.

The Court of Appeals has 10 judges, led by a chief judge, presently David V. Brewer, who is appointed by the chief justice of the Supreme Court. The judges hear cases in panels, or “departments,” of three judges. The chief does not belong to any one panel, but can substitute for any panel member who is unavailable or has a conflict of interest. Once a panel has reached an opinion, it circulates the draft opinion to all judges on the court to receive comment. In some cases, the full court considers the case in a “full court conference.”

Oregon Tax Court

In 1961, the Oregon legislature created Tax Court to encourage uniform application of tax law statewide. Tax Court is a special court that has exclusive, statewide jurisdiction to hear only those cases involving Oregon’s tax laws, from corporate excise taxes and property taxes, to income tax, timber tax and cigarette taxes. Local budget laws and property tax limitations also are considered.

The court is located in Salem, where it hears most cases. There are no jury trials and appeals go directly to the Supreme Court. At present, Henry C. Breithaupt is the Oregon Tax Court judge.

In addition to its Regular Division, Oregon Tax Court has a Magistrate Division. Presiding Magistrate Jill A. Tanner is joined in this division by magistrates Jeffrey S. Mattson, Daniel K. Robinson and Coyreen R. Weidner in the trial and mediation of all tax appeals unless the Tax Court judge assigns to the case to the Regular Division. A dissatisfied party may appeal a magistrate’s division to the judge of the Tax Court, except in cases filed as small claims, in which case the magistrate’s decision is final and not subject to appeal.

Hearings in the Magistrate Division are often informal. The rules of evidence may not apply and the proceedings are not “reported,” i.e., recorded. Hearings may even take place by telephone and can be held around the state. Taxpayers might be represented by a lawyer, a public accountant, a real estate broker or an appraiser.

An appeal of the Regular Division’s decisions head directly to Supreme Court.

Tax Court opinions are published in the Oregon Tax Reports.

Oregon Circuit Courts

Each of Oregon’s 36 counties has a Circuit Court. In most counties, the court meets at the county courthouse, while in a few counties, the court will maintain offices and courtrooms in multiple locations.

Oregon is divided into 27 judicial districts, each of which is composed of one or more counties. State law determines the number of judges elected in each district, usually based on population and volume of cases. Counties with small populations and caseloads might be combined into multicounty judicial districts.

The Circuit Court is Oregon’s trial court of general jurisdiction. It can hear cases regardless of subject matter, amount of money involved or the severity of the crime alleged. It is a “court of record,” meaning that an official court reporter or special audio and video recording systems take down every word of most cases, except small claims and noncriminal offenses. These records are used in appeals.

Circuit Court has the power in civil cases to: dissolve marriages and distribute assets; award or change legal custody of children; determine title to land; distribute a decedent’s property and possessions; preside over trials; commit juveniles to state institutions or place dependent children in substitute care; approve adoptions; commit the mentally ill to state hospitals; and issue court injunctions.

The court’s criminal powers include: conducting pretrial hearings and trials; sentencing those who are convicted to the Oregon corrections system (jail, prison or probation); and imposing the death penalty in capital murder cases.

Decisions appealed from Circuit Court go to the Oregon Court of Appeals, unless the defendant has been sentenced to death. Those cases advance directly to the Oregon Supreme Court.

Deschutes County Trial Courts

Marion County, Oregon

Multnomah County DA's Office, Portland

Oregon Judicial Department

Opinions of the Oregon Supreme Court and Court of Appeals

Oregon Law Online

United States District Court - District of Oregon

United States Bankruptcy Court - District of Oregon

Hartfield Library Consortium Catalog - State of Oregon Law Library Catalog and catalog search by title, author, keyword, subject heading and similar searches.

Oregon Circuit Courts - Includes information regarding trial court locations, judge and trial courts, crime victims help and statistics.

Oregon State Bar - Provides information including attorney registration, lawyer referral service, admissions information, form library and lawyer services.

Oregon Judicial Department - Appellate court opinions, Supreme Court opinions, Tax Court, and opinions style manual.

Oregon Self-Help - Self-Help information provided by the Oregon Courts for people who are seeking information for self-representation regarding court public access and case inquiry.

United States District Court of Oregon Historical Society - Information regarding the oral histories and famous federal cases and how to obtain public court records information.

Oregon Courts Rules - Information regarding the state court system rules, schedules and court policies.

Oregon Courts Forms - Downloadable court forms through the Oregon Courts as well as links to Tax Court forms.