Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 221.339

Jurisdiction of municipal court; prosecutions by city attorney

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      221.339 Jurisdiction of municipal court; prosecutions by city attorney. (1) A municipal court has concurrent jurisdiction with circuit courts and justice courts over all violations committed or triable in the city where the court is located.

      (2) Except as provided in subsections (3) and (4) of this section, municipal courts have concurrent jurisdiction with circuit courts and justice courts over misdemeanors committed or triable in the city. Municipal courts may exercise the jurisdiction conveyed by this section without a charter provision or ordinance authorizing that exercise.

      (3) Municipal courts have no jurisdiction over felonies or designated drug-related misdemeanors as defined in ORS 423.478.

      (4) A city may limit the exercise of jurisdiction over misdemeanors by a municipal court under this section by the adoption of a charter provision or ordinance, except that municipal courts must retain concurrent jurisdiction with circuit courts over:

      (a) Misdemeanors created by the city’s own charter or by ordinances adopted by the city, as provided in ORS 3.132; and

      (b) Traffic crimes as defined by ORS 801.545.

      (5) Subject to the powers and duties of the Attorney General under ORS 180.060, the city attorney has authority to prosecute a violation of any offense created by statute that is subject to the jurisdiction of a municipal court, including any appeal, if the offense is committed or triable in the city. The prosecution shall be in the name of the state. The city attorney shall have all powers of a district attorney in prosecutions under this subsection. [1999 c.1051 §40; 2017 c.706 §21; 2021 c.591 §29; 2024 c.70 §65]

 

      Note: 221.339 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 221 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.

 

      221.340 [Amended by 1973 c.737 §1; 1987 c.687 §8; 1991 c.741 §13; renumbered 221.333 in 1999]

Notes of Decisions
Cited in 12 cases (5 in the last 5 years), 2005–2026 · leading case: CITY OF MILTON-FREEWATER v. Ashley
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CITY OF MILTON-FREEWATER v. Ashley (2007) orctapp · cites it 3× “ORS 221.339(2) provides, in part: “[M]unicipal courts have concurrent jurisdiction with circuit courts and justice courts over misdemeanors committed or triable in the city.”
City of Eugene v. Silva (2005) orctapp “Where the right of appeal in such cases depends upon there being involved an issue as to the constitutionality of the charter provision or ordinance, the decision of the appellate court shall be upon such constitutional issue only.” 3 Because the record fails to establish that…”
City of Lebanon v. Milburn (2017) orctapp “Ashley, 214 Or App 526 , 166 P3d 587 (2007) (recognizing that municipal courts have concurrent jurisdiction with justice courts under ORS 221.339(2) and that appeals from municipal courts not of record proceed as appeals from justice courts to the circuit court under ORS 157.”
State v. Steed (2025) orctapp “As defendant contends, and the state concedes, a judgment entered on a guilty plea is not the same thing as a judgment entered on a no contest 1 Municipal courts have concurrent jurisdiction with justice courts over mis- demeanors committed in the city in which they sit, ORS 221.”
Clatsop County District Attorney v. City of Astoria (2014) orctapp · cites it 14× “That under ORS 221.339, the Astoria Municipal Court has concurrent jurisdiction with Clatsop County Circuit Court over misdemeanors triable in the municipal court, including misdemeanor charges of driving under the influence of intoxicants (DUII); “3.”
State v. Russell (2025) orctapp · cites it 2× “ORS 221.339(2) (municipal courts have concurrent jurisdiction with cir- cuit courts “over misdemeanors committed or triable in the city”).”
State v. Russell (2025) orctapp · cites it 2× “ORS 221.339(2) (municipal courts have concurrent jurisdiction with cir- cuit courts “over misdemeanors committed or triable in the city”).”
State v. Steed (2025) orctapp “As defendant contends, and the state concedes, a judgment entered on a guilty plea is not the same thing as a judgment entered on a no contest 1 Municipal courts have concurrent jurisdiction with justice courts over mis- demeanors committed in the city in which they sit, ORS 221.”
State v. Hejazi (2026) orctapp “010 (2025), repealed by Or Laws 2025, ch 268, § 35, provided: “In a criminal action in a justice court, except where the judgment is given on a plea of guilty, an appeal may be taken from a judgment of con- viction to the circuit court for the county in which the judgment is…”
City of Eugene v. Silva (2005) orctapp “Where the right of appeal in such cases depends upon there being involved an issue as to the constitutionality of the charter provision or ordinance, the decision of the appellate court shall be upon such constitutional issue only.”
State v. Patrick (2012) orctapp “ORS 221.339(1) provides: “A municipal court has concurrent jurisdiction with circuit courts and justice courts over all violations committed or triable in the city where the court is located.”
State v. Nelson (2013) orctapp “See ORS 221.339(2) (municipal courts, justice courts, and circuit courts have concurrent jurisdiction over certain misdemeanors); City of Milton-Freewater v.”
— Or. Rev. Stat. § 221.339(1) — 1 case
State v. Patrick (2012) orctapp “ORS 221.339(1) provides: “A municipal court has concurrent jurisdiction with circuit courts and justice courts over all violations committed or triable in the city where the court is located.”
— Or. Rev. Stat. § 221.339(2) — 9 cases
CITY OF MILTON-FREEWATER v. Ashley (2007) orctapp “ORS 221.339(2) provides, in part: “[M]unicipal courts have concurrent jurisdiction with circuit courts and justice courts over misdemeanors committed or triable in the city.”
City of Lebanon v. Milburn (2017) orctapp “Ashley, 214 Or App 526 , 166 P3d 587 (2007) (recognizing that municipal courts have concurrent jurisdiction with justice courts under ORS 221.339(2) and that appeals from municipal courts not of record proceed as appeals from justice courts to the circuit court under ORS 157.”
State v. Steed (2025) orctapp “As defendant contends, and the state concedes, a judgment entered on a guilty plea is not the same thing as a judgment entered on a no contest 1 Municipal courts have concurrent jurisdiction with justice courts over mis- demeanors committed in the city in which they sit, ORS 221.”
State v. Russell (2025) orctapp “ORS 221.339(2) (municipal courts have concurrent jurisdiction with cir- cuit courts “over misdemeanors committed or triable in the city”).”
State v. Russell (2025) orctapp “ORS 221.339(2) (municipal courts have concurrent jurisdiction with cir- cuit courts “over misdemeanors committed or triable in the city”).”
— Or. Rev. Stat. § 221.339(5) — 3 cases
City of Eugene v. Silva (2005) orctapp “Where the right of appeal in such cases depends upon there being involved an issue as to the constitutionality of the charter provision or ordinance, the decision of the appellate court shall be upon such constitutional issue only.” 3 Because the record fails to establish that…”
Clatsop County District Attorney v. City of Astoria (2014) orctapp “That under ORS 221.339, the Astoria Municipal Court has concurrent jurisdiction with Clatsop County Circuit Court over misdemeanors triable in the municipal court, including misdemeanor charges of driving under the influence of intoxicants (DUII); “3.”
City of Eugene v. Silva (2005) orctapp “Where the right of appeal in such cases depends upon there being involved an issue as to the constitutionality of the charter provision or ordinance, the decision of the appellate court shall be upon such constitutional issue only.”
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