Rule 4.005 - SETTLEMENT CONFERENCES(1)Purpose. The purposes of a settlement conference in a criminal case shall be to provide a forum to resolve cases before trial through the active participation of counsel, the parties and the court and to ensure that both sides are fully prepared and have resolved discovery, plea offer and trial preparation issues and have explored all options for resolution without trial.(2)Scheduling / Participants. A settlement conference will be held in all criminal cases where one party requests it, unless the opposing party shows good cause why the settlement conference should not be held. Requests for a settlement conference shall be submitted to the court in the form of an Application and Declaration for a Judicial Settlement Conference set forth in Appendix 1 of these rules. A settlement conference may also be held if ordered on the court's own motion. The court is likely to set settlement conferences for cases that appear unlikely to be resolved by plea or trial within the Oregon Standards of Timely Disposition. Settlement conferences are also likely to be set by the court where there have been two or more pretrial hearings and judicial involvement in resolution would appear to be helpful to timely resolution. Settlement conferences are encouraged.(a) Defendant and defense counsel and the District Attorney or their designee with authority to resolve the case must be present. The court may, for good cause shown, allow appearance by telephone.(b) The parties are expected to accomplish the following before the settlement conference: (i) Completion of all discovery and plea negotiation.(ii) Meaningful contact and discussion between defense counsel and client as outlined by the Oregon State Bar standards for criminal defense services.(iii) An opportunity for input and full discussion between the District Attorney or their designee and the victim including, but not limited to plea negotiations, evidentiary and strength of case issues, availability for trial, sentencing options and, in the case of ORS 137.700 and 137.707 charges, the victim's position regarding any plea that takes the case out of ORS 137.700 and 137.707.(iv) Review of the availability and testimony of necessary witnesses for trial.(v) Identification of legal or other issues in which judicial input could help resolve the case.(c) Settlement conferences will be scheduled for 30 minutes duration on felonies and 20 minutes duration on misdemeanors, unless the parties notify docketing that less or more time is needed.Yamhill Supp. L. R. 4.005
Amended effective 2/1/2024.