Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 305.498

Magistrates; appointment; qualifications; oaths; duties; dismissal; appointment of presiding magistrate

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      305.498 Magistrates; appointment; qualifications; oaths; duties; dismissal; appointment of presiding magistrate. (1) The magistrate division is established in the Oregon Tax Court. The judge of the tax court shall appoint one or more individuals to sit as magistrates of the magistrate division at locations within the state as the judge shall determine.

      (2) An individual who is appointed as a tax court magistrate shall be a citizen of the United States and a resident of this state and competent to perform the duties of the office.

      (3) A full-time, part-time or temporary magistrate shall perform such duties as the judge of the tax court or presiding magistrate may direct.

      (4)(a) Before entering on the duties of office, each individual employed as a tax court magistrate shall take and subscribe to an oath or affirmation that the individual:

      (A) Will support the Constitutions of the United States and of this state and faithfully and honestly discharge the duties of the office.

      (B) Does not hold, and while the individual is a magistrate will not hold, a position under any political party.

      (b) The oath or affirmation shall be filed in the office of the Secretary of State.

      (5) An individual while a magistrate may hold another office or position of profit or pursue another calling or vocation unless holding the office or position or pursuing the calling or vocation:

      (a) Is inconsistent with the expeditious, proper and impartial performance of the duties of a magistrate; or

      (b) Would interfere with the ability of the magistrate to perform fully the duties of the magistrate’s position.

      (6) The judge of the tax court may appoint one of the magistrates as presiding magistrate.

      (7) A tax court magistrate and other officers and employees of the magistrate division of the tax court appointed under a personnel plan established by the Chief Justice of the Supreme Court of Oregon are state officers or employees in the exempt service and not subject to ORS chapter 240. However, an officer or employee shall have the right to be dismissed only for just cause after hearing and appeal. [1995 c.650 §2; 2011 c.309 §1]

 

      305.500 [1961 c.533 §§15(2),24; 1963 c.423 §3; renumbered 305.493 in 1995]

Notes of Decisions
Cited in 6 cases (1 in the last 5 years), 2009–2021 · leading case: Village at Main Street Phase II, LLC v. Department of Revenue
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Village at Main Street Phase II, LLC v. Department of Revenue (2014) or “404 (reference to “Tax Court” in statutes “may include either the regular division or the magistrate division of the Oregon Tax Court, or both, or the judge or judges of the [T]ax [C]ourt or its magistrates or a combination”); ORS 305.498(1) (“The magistrate division is…”
Department of Revenue v. Croslin (2009) or “404 (providing in part, “[i]n an appropriate case, ‘tax court’ may include either the regular division or the magistrate division of the Oregon Tax Court, or both, or the judge or judges of the tax court or its magistrates or a combination”); see also ORS 305.498(1)…”
Comcast Corp. V v. Dept. of Rev. (TC 4909) (2018) ortc “405; ORS 305.498. With few exceptions, parties must file a com- plaint first in the Magistrate Division, and can then appeal the decision of the magistrate to the Regular Division.”
Lauer v. Grant County Assessor (2021) ortc · cites it 2× “5 Defendant argues that the reference must include the Magistrate Division because the Magistrate Division is “in the Oregon Tax Court” under ORS 305.498(1). (Def’s Supp Br at 1.) Although true, that observation does not resolve all the court’s concerns because references to…”
Hill v. Dept. of Rev. (2019) ortc “” ORS 305.498(1). Although the court is unaware of any prior award of attorney fees by a magistrate, the statute allows the possibility.”
Wihtol v. Multnomah County Assessor (2013) ortc “455 (describing additional qualifications of “[t]he judge of the tax court”); ORS 305.498(1) (“The judge of the tax court shall appoint one or more individuals to sit as magistrates of the magistrate division”).”
— Or. Rev. Stat. § 305.498(1) — 5 cases
Village at Main Street Phase II, LLC v. Department of Revenue (2014) or “404 (reference to “Tax Court” in statutes “may include either the regular division or the magistrate division of the Oregon Tax Court, or both, or the judge or judges of the [T]ax [C]ourt or its magistrates or a combination”); ORS 305.498(1) (“The magistrate division is…”
Department of Revenue v. Croslin (2009) or “404 (providing in part, “[i]n an appropriate case, ‘tax court’ may include either the regular division or the magistrate division of the Oregon Tax Court, or both, or the judge or judges of the tax court or its magistrates or a combination”); see also ORS 305.498(1)…”
Lauer v. Grant County Assessor (2021) ortc “5 Defendant argues that the reference must include the Magistrate Division because the Magistrate Division is “in the Oregon Tax Court” under ORS 305.498(1). (Def’s Supp Br at 1.) Although true, that observation does not resolve all the court’s concerns because references to…”
Hill v. Dept. of Rev. (2019) ortc “” ORS 305.498(1). Although the court is unaware of any prior award of attorney fees by a magistrate, the statute allows the possibility.”
Wihtol v. Multnomah County Assessor (2013) ortc “455 (describing additional qualifications of “[t]he judge of the tax court”); ORS 305.498(1) (“The judge of the tax court shall appoint one or more individuals to sit as magistrates of the magistrate division”).”
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