Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 133.120

Authority to issue warrant

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      133.120 Authority to issue warrant. (1) A judge of the Supreme Court or the Court of Appeals may issue a warrant of arrest for any crime committed or triable within the state, and any other magistrate mentioned in ORS 133.030 may issue a warrant for any crime committed or triable within the territorial jurisdiction of the magistrate’s court.

      (2) Notwithstanding subsection (1) of this section, a circuit court judge duly assigned pursuant to ORS 1.615 to serve as a judge pro tempore in a circuit court may issue a warrant of arrest for a crime committed or triable within the territorial jurisdiction of any circuit court in which the judge serves as judge pro tempore if the request for the warrant includes an affidavit showing that a regularly elected or appointed circuit court judge for the judicial district is not available, whether by reason of conflict of interest or other reason, to issue the warrant within a reasonable time. [Amended by 1969 c.198 §60; 1973 c.836 §69; 1977 c.746 §2; 1983 c.661 §5; 2013 c.155 §10]

 

      133.130 [Repealed by 1973 c.836 §358]

Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 1983–2025 · leading case: Growing Green Panda v. Dept. of Human Services
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Growing Green Panda v. Dept. of Human Services (2020) orctapp “Thus, although judges certainly have the authority to issue warrants for arrest, ORS 133.120, neither that act alone—nor the issuance of an order directing a person to submit to custody—can reasonably be viewed as making an arrest.”
State v. Russell (2025) orctapp · cites it 4× “At the same time, it amended ORS 133.120 to permit the issu- ance of a warrant for any offense committed or triable within “the territorial jurisdiction of the magistrate’s court,” delet- ing the previous reference to an offense committed or triable “within [the magistrate’s]…”
State v. Plankinton (1983) orctapp “” The arrest warrant statute, ORS 133.120 (amended by Or Laws 1969, ch 198, § 60, Or Laws 1973, ch 836, § 69, and Or Laws 1977, ch 746, § 2), was essentially the same then as it is today.”
State v. Russell (2025) orctapp · cites it 4× “At the same time, it amended ORS 133.120 to permit the issu- ance of a warrant for any offense committed or triable within “the territorial jurisdiction of the magistrate’s court,” delet- ing the previous reference to an offense committed or triable “within [the magistrate’s]…”
State v. Schlotzhauer (1986) orctapp “” ORS 133.120 provides: “A judge of the Supreme Court or the Court of Appeals may issue a warrant of arrest for any crime committed or triable within the state, and any other magistrate mentioned in ORS 133.”
— Or. Rev. Stat. § 133.120(1) — 2 cases
State v. Russell (2025) orctapp “At the same time, it amended ORS 133.120 to permit the issu- ance of a warrant for any offense committed or triable within “the territorial jurisdiction of the magistrate’s court,” delet- ing the previous reference to an offense committed or triable “within [the magistrate’s]…”
State v. Russell (2025) orctapp “At the same time, it amended ORS 133.120 to permit the issu- ance of a warrant for any offense committed or triable within “the territorial jurisdiction of the magistrate’s court,” delet- ing the previous reference to an offense committed or triable “within [the magistrate’s]…”
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