Rule 17 Powers of Commission
Rule Text
a. Administration of Oaths
The Commission, by its presiding officer or chairperson or its vice-chairperson, shall have power to take and preserve testimony and administer oaths to witnesses on any matter within jurisdiction of the Commission. At a public hearing, the oath shall be administered by the presiding officer or presiding master.
b. Issuance of Subpoenas
At the request of an attorney of record or the judge whose conduct is subject to a hearing, the presiding officer or chairperson of the Commission shall issue any processes necessary to compel the attendance of witnesses and the production of any books, papers, records or documents as may be required.
c. Compensation of Witnesses
Each witness compelled to attend any proceedings, other than an officer or employee of the state, a public corporation or a political subdivision, shall receive for attendance the same fees and mileage allowed by law to a witness in a civil case, payable from funds appropriated to the Commission.
d. Enforcement Proceedings
Whenever a person summoned by the Commission fails to appear to testify or fails to produce any books, papers, records or documents as required or whenever any person so summoned refuses to answer any question pertinent to the subject under inquiry before the Commission, or the masters, the Commission may apply to the circuit court for the county in which the failure occurred for an order to the person to attend and testify, or otherwise to comply with the demand or request of the Commission or the masters, as provided by ORS 1.475.
e. Expert Witnesses and Special Counsel
The Commission may request the assistance of and compensate expert witnesses and special counsel.
f. Filing of Papers and Pleadings
All papers and pleadings filed with the Executive Director of the Commission at the Director’s office shall be considered filed with the Commission.
g. Effect of Resignation of Judge
When a judge resigns from all judicial work prior to formal charges being filed, the complaint will be dismissed without prejudice. The complaint may be revived if the judge resumes a position that would subject the judge to these Rules.