Opinions Filed in February 2013
Constitutional Law: When determining jury waiver provisions in Article I, section 11, of the Oregon Constitution, the jury waiver provision is a substantive right and granting the waiver request is precedent upon analyzing judicial economy, defendant's rights, and speed against a waiver request. The prosecution's position may play a role in the decision as long as it relates to one of the three aforementioned factors; it may not be the sole factor.
(Filing Date: 02-28-2013)
Attorney Fees: When determining the amount of a reasonable attorney fee award in a case that involves both a statutory fee-shifting award and a common-fund award, a court may consider utilizing both the lodestar and overall percentage method.
(Filing Date: 02-22-2013)
Professional Responsibility: Following the misconduct of a judge, the Commission of Judicial Fitness and Disability and the accused may submit stipulated facts and an appropriate sanction to the Supreme Court under ORS 1.420 to ORS 1.430, and the Court can approve such stipulation pursuant to ORS 1.430(2).
(Filing Date: 02-07-2013)