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Pending Change on Procedure for Recusal of Judges in Linn County

To all members of the Bar:

As of May 1, 2012 all objections to a judge hearing a case in Linn County pursuant to ORS Chapter 14 shall be made by motion and affidavit as required and set forth in ORS 14.260. This shall apply to all judges. In that Linn County now has a population exceeding 100,000 the provisions of ORS 14.270 apply and supersede inconsistent provisions in 14.260.

Motions shall be filed:

At the time the case is assigned to a judge; or
At the time the case is assigned to a judge for motion, demurrer or trial.

For cases that are not specifically assigned to a judge (those cases on the Master docket) they shall be deemed as assigned to all five of the sitting judges in Linn County at the time trial is set; therefore any motions under this section must be filed at or before the day when the decision is made to set the matter for trial. Nothing herein prevents any judge from recusing themselves for good cause. No party may file more than two such motions or object to more than two judges in any case.

DANIEL R. MURPHY Presiding Judge Linn County Circuit Court 23rd Judicial District PO Box 1749 Albany, OR 97321