Rule 7.100 - DISQUALIFICATION MOTIONS UNDER ORS 14.260(7)(1) A motion to disqualify a judge and supporting affidavit must be submitted in the manner described in ORS 14.260(1) through (6). (2) A challenged judge who believes that the disqualification motion, or a series of disqualification motions, filed under ORS 14.260(1) or ORS 14.270, effectively denies the judge assignment to a criminal or juvenile delinquency docket pursuant to ORS 14.260(7), may request a hearing by submitting a request for hearing form. The request for hearing form must: (a) Be submitted to the presiding judge (or the presiding judge's designee, if the presiding judge is the subject of the challenge) within two judicial days of the filing of the disqualification motion; (b) State that the request for hearing is being submitted under ORS 14.260(7), regarding effective denial of judicial assignment to a criminal or juvenile delinquency docket; and(c) Be served on each party to the case. (3) Within two judicial days of receipt of a judge's request under this subsection, the presiding judge (or the presiding judge's designee, if the presiding judge is the subject of the challenge) will submit a request for assignment of a disinterested judge to the Office of the State Court Administrator (OSCA). (4) Within three judicial days of receipt of a presiding judge's or the presiding judge's designee's request under this subsection, the Chief Justice or designee will assign a disinterested judge from a predetermined list. The disinterested judge must not have held a judicial seat in the judicial district where the subject disqualification motion was filed. (5) OSCA will immediately notify the presiding judge or the presiding judge's designee of an assignment made under subsection (4), and the presiding judge or designee will enter the notice of assignment within two judicial days of OSCA's notification on the register of actions. (6) Upon entry of a notice of assignment of a disinterested judge, the disinterested judge will promptly schedule a hearing on the motion for disqualification. A hearing on the motion for disqualification will be held no more than 30 days after entry of the notice of assignment of the disinterested judge. (7) Any supplemental affidavit must be submitted by the moving party within seven days after entry of the notice of assignment of the disinterested judge. (8) Any response by the challenged judge to a motion for disqualification or supplemental affidavit must be filed within seven days after the due date for the supplemental affidavit.Or. Uni. Trial. Ct. R. 7.100
Adopted June 11, 2024, effective 8/1/2024.