Oregon Statutes 305.498 – Magistrates; appointment; qualifications; oaths; duties; dismissal; appointment of presiding magistrate
(1) The magistrate division is established in the Oregon Tax Court. The judge of the tax court shall appoint one or more individuals to sit as magistrates of the magistrate division at locations within the state as the judge shall determine.
Terms Used In Oregon Statutes 305.498
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Oath: A promise to tell the truth.
- United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100
(2) An individual who is appointed as a tax court magistrate shall be a citizen of the United States and a resident of this state and competent to perform the duties of the office.
(3) A full-time, part-time or temporary magistrate shall perform such duties as the judge of the tax court or presiding magistrate may direct.
(4)(a) Before entering on the duties of office, each individual employed as a tax court magistrate shall take and subscribe to an oath or affirmation that the individual:
(A) Will support the Constitutions of the United States and of this state and faithfully and honestly discharge the duties of the office.
(B) Does not hold, and while the individual is a magistrate will not hold, a position under any political party.
(b) The oath or affirmation shall be filed in the office of the Secretary of State.
(5) An individual while a magistrate may hold another office or position of profit or pursue another calling or vocation unless holding the office or position or pursuing the calling or vocation:
(a) Is inconsistent with the expeditious, proper and impartial performance of the duties of a magistrate; or
(b) Would interfere with the ability of the magistrate to perform fully the duties of the magistrate’s position.
(6) The judge of the tax court may appoint one of the magistrates as presiding magistrate.
(7) A tax court magistrate and other officers and employees of the magistrate division of the tax court appointed under a personnel plan established by the Chief Justice of the Supreme Court of Oregon are state officers or employees in the exempt service and not subject to ORS Chapter 240. However, an officer or employee shall have the right to be dismissed only for just cause after hearing and appeal. [1995 c.650 § 2; 2011 c.309 § 1]
[1961 c.533 15(2),24; 1963 c.423 § 3; renumbered 305.493 in 1995]