Chapter §2.11 MUNICIPAL COURT PROCEEDINGS

• Jurisdiction: Oregon

7. (§2.11) Municipal Court Proceedings

As to convictions in municipal court, the route of appeal depends on whether the municipal court is a court of record. To be a court of record, the municipal court (1) must provide a court reporter or audio recording, (2) must have been the subject of a local ordinance, and (3) must have been the subject of an order of the supreme court acknowledging the filing of the local declaration of the court's status. ORS 221.342. An appeal from a conviction in a municipal court of record will proceed to the court of appeals as provided generally for appeals under ORS chapter 138. ORS 221.359(3); see also ORS 138.057, 153.121 (appeals involving violations). An appeal from a conviction in a municipal court, which is not a court of record, will proceed to the circuit court within whose jurisdiction the city has its legal situs. ORS 221.359(1)-(2) (as in appeals from justice court); see ORS 157.010 (appeal from justice court); see also ORS 138.057, 153.121. From the subsequent judgment in the circuit court, an appeal may then be taken to the court of appeals. Lake Oswego v. Mylander, 301 Or 178, 721 P2d 433 (1986); Toledo v. Richards, 40 Or App 71, 594 P2d 422 (1979).

The general provisions for appeal under ORS chapter 138 will apply when the conviction is for violation of a state law. Mylander, 301 Or at 182-183 (ORS 138.060(3) authorized appeal by state in action prosecuted in municipal court by city attorney).

The municipality may limit the right of appeal when the conviction is for violation of a municipal ordinance or charter, except with respect to appeals challenging the constitutionality of the charter provision or ordinance involved in the conviction. See ORS 221.360 (mandating appeal); Salem v. Polanski, 202 Or 504, 276 P2d 407 (1954); see also ORS 221.380 (appeal by city from invalidating order). This limitation on the right of appeal is constitutionally permissible insofar as there is no constitutional right to appeal. The statutory limitation is not a denial of equal privileges and...