Malheur Justice Court, Oregon

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The Malheur Justice Court resides in Oregon. Click on the links below to learn more about the court's...

* Jurisdiction
* Selection method

## Contents

* 1 Jurisdiction
* 2 Selection method
* 2.1 Judicial elections in Oregon
* 2.2 Primary election
* 2.3 Recounts
* 2.4 Vote by mail
* 3 See also
* 4 External links
* 5 Footnotes

## Jurisdiction[edit]

This court holds the following jurisdiction:[1]

“  | Justice Courts are established by county commissioners under circumstances as provided by statute and are funded by county government. They are considered "courts of the state" but are not part of the unified state court system (Oregon Judicial Department). The judge of a justice court is called a Justice of the Peace, and is elected to serve for six years. Justice Courts hear cases involving minor traffic and boating violations, fish and game offenses, small civil claims, violations of some county ordinances (excessive noise, dogs running at large), and can perform weddings. Appeals of justice court decisions are heard de novo (a form of appeal where case is tried from the beginning, as if no prior trial had been held) in state circuit courts, unless they are a recognized court of record. In that case, those appeals will go directly to the state Court of Appeals.[2] | ”

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## Selection method[edit]

See also: Judicial selection in the states

See also: Nonpartisan election of judges

Judges of the Oregon Justice Courts are each elected to six-year terms.[3] The elections for this court are nonpartisan contested elections. To serve on this court, a judge must be a U.S. citizen, a state resident for three years and a resident of the justice court district for one year.[4]

### Judicial elections in Oregon[edit]

See also: Oregon judicial elections

Oregon is one of 10 states that uses nonpartisan elections to select judges and does not use retention elections for subsequent terms. To read more about how states use judicial elections to select judges across the country, click here.

### Primary election[edit]

The primary election is held in even-numbered years on the third Tuesday in May.[5]

If a candidate in the primary election receives more than 50% of the vote, she or he is elected. If not, the two candidates with the most votes advance to the general election. The exception to this rule is when the election is for a vacated seat that would not otherwise have been on the ballot.

All judicial races require a primary election except those to fill a midterm vacancy for a seat that would otherwise have not appeared on the ballot that year. In the case of such a midterm vacancy, the primary may be skipped if only one or two candidates file for that office. If there are three or more candidates running for that seat, however, they compete in the primary. If any of them receives over 50% of the vote in the primary, that candidate's name appears unopposed on the general election ballot. If no candidate receives a majority, then the top two candidates advance to the general election. This differs from regular judicial elections that are held at the end of a judge's term in that no candidates can be elected at the primary.[6]

### Recounts[edit]

Close races may trigger an automatic recount. If the difference between the two highest-voted candidates is not more than one-fifth of one percent of the total votes for both candidates, a recount is required.[7] If, after a recount, two candidates are tied, the winner is decided by lot.[8]

### Vote by mail[edit]

Oregon votes completely by mail. Registered voters receive a ballot two to three weeks prior to the election, which they must submit by mail or by dropping it in an official drop box. The deadline by which ballots must be received is 8 p.m. on the day of the election.[9]

## See also[edit]

Local Courts

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* Ballotpedia's coverage scope

Other Oregon Courts

* Oregon federal courts
* Courts in Oregon
* Judicial selection in Oregon
* Judicial selection in the states

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## External links[edit]

* Search Google News for this topic
* Oregon courts

## Footnotes[edit]

1. ↑ Oregon Judicial Department, "About the Oregon Judicial Department," accessed May 19, 2023
2. ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
3. ↑ Jackson County, "Justice Court," accessed August 29, 2014
4. ↑ American Judicature Society, "Methods of Judicial Selection: Oregon; Limited Jurisdiction Courts," archived October 3, 2014
5. ↑ Cite error: Invalid `<ref>` tag; no text was provided for refs named `summary`
6. ↑ Oregon Secretary of State, "Election Law Summary - ORS 249," accessed May 6, 2014
7. ↑ Oregon Secretary of State, "Revised Statutes, 258.280," accessed May 6, 2014
8. ↑ Oregon Secretary of State, "Revised Statutes, 254.575," accessed May 6, 2014
9. ↑ Oregon Secretary of State, "Voting in Oregon," accessed May 6, 2014

Oregon courts

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Federal courts:

Ninth Circuit Court of Appeals • U.S. District Court: District of Oregon • U.S. Bankruptcy Court: District of Oregon

State courts:

Oregon Supreme Court • Oregon Court of Appeals • Oregon Circuit Courts • Oregon Tax Court • Oregon County Courts • Oregon Justice Courts • Oregon Municipal Courts

State resources:

Courts in Oregon • Oregon judicial elections • Judicial selection in Oregon

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