Section 3 to 9 of Article VII (Amended) of the Oregon State Constitution

In this post we will look at Sections 3 thru 9 of Article VII (Amended) of the Oregon State Constitution.  This Article deals with the Judicial Branch.

Section 3 (Amended)

This section deals with numerous things.  First, it defines that for civil cases, they can be tried by Jury if the value exceeds $750.  This seems to be in conflict with Article I, Section 17 as well as Amendment VII of the US constitution.  The next part deals with appeals and the basis for making appeals.  There is the provision, that upon appeal, conviction of someone of a crime cannot be made into a conviction for a greater crime.  In the original Article VII, there is a hint of the appeals process in Section 6 (original).

Section 4 (Amended)

This section defines that the supreme court shall sit at least once annually and at the end of the term, provide a summary of the decisions made to the Secretary of State.  It is the same as Section 7 of the Original.

Section 5 (Amended)

This section provides administrative detail on how juries work.  It directs the legislature to write laws on jury selection.  Also it does provide rights to the accused that, when charged with a felony, they have to be indicted by a grand jury.  It appears that in the original Section VII, some of this was covered in Section 18, but this was repealed in 1958 for some reason.

Section 6 (Amended)

This section deals with the removal of public officials.  For most positions included in the constitution, one of the qualifications is that they have not committed a felony.  This section provides that in case of conviction, especially for a felony, the judgment can include removal from office.  It is the same as the original Article VII, section 19.

Section 7 (Amended)

This is the oath of office for Supreme Court judges.  It is the same as Section 21 of the original.

Section 8 (Amended)

This provides a mechanism for removal of judges from the bench.  The original Section 20 also did likewise.  In the original, it specified the mechanism, but did not provide restriction on the reason for it.  In the amended, it does not provide a mechanism (just say "by law"), but it does provide restrictions on reasons for removal.

Section 9 (Amended)

This allows for juries between 6 and 12 members.