Article VII (Amended) of the Oregon State Constitution

We will now start looking at Article VII of the Oregon State Constitution.  This Article comes as two versions.  There is the "Amended" version and the "Original" version.  Here is a link that describes the motivations for the "Amended" version.  However as stated in a note to the original section, the original version still can be used as the basis for law and judicial decisions where it has not been superseded by the amended section or by laws.  This review will follow the Amended Article and cross-reference to the original where required.

Section 1 (Amended)

This section discusses the Supreme Court and that judges will be elected to a six year term.  In the original, we need to look at Section 1, 2 and 3 to get to the same effect.  The original Section 1 defined a structure of courts.  In the Amended version, these are now defined by statute.

Section 1a (Amended)

This section discusses the mandatory retirement of judges and that judges can be removed by the Legislature if deemed not to be able to perform his or her duties.  Section 20 of the original also includes a provision for removal of judges but there is no mandatory retirement requirement.  Included in the Amended section is that retired judges can be called back for service if it is needed and duly approved by people or the Legislature.

Section 2 (Amended)

This section discusses how the effect is to be implemented.  It says nothing changes until the legislature passes laws to change things.

Section 2a (Amended)

This section provides for passing out work and patching vacancies on the bench by the Supreme Court if so directed by law or by the people.

Section 2b (Amended)

This section is an exception to Article IV, Section 23 which prohibits the legislature from making special laws.  It allows that the legislature can make laws defining the courts, how they function and in fact, local requirements.  In the original version of the Article, and in the mind of the framers, the basic requirements of the structure would be in the constitution and thus never need the legislature to make laws about it, hence the prohibition in Article IV, section 23.