January 2005 “Tips from the Bench”

By Judge John Wittmayer, Multnomah County Circuit Court.

Electronic recording in court (“the record”)

Due to budget cuts, in 2003 the court laid off all but one “full-time-equivalent” of our stenographic court reporters. In my opinion, this is very, very unfortunate. A human being preparing the record has many advantages over an electronic recording. But electronic recording is what we have, so you need to understand how to make it work for you.

The court is responsible for providing the means with which you can make a record, if you wish to pay the fee to have your matter “on the record.” The court uses the “For The Record” (FTR) software system to digitally record proceedings. This system is operated by the clerk in the courtroom, through the clerk’s computer. Most of the equipment is “four channel,” e.g. two microphones for counsel, one for the witness, and one for the judge.

Lawyers and witnesses often move around the courtroom. As you and your witnesses wander away from the microphones, you run the risk that the FTR system will not pick up the words spoken in the courtroom. If you want a record, it is your responsibility to work within these limitations and make sure that you and your witnesses are close enough to the microphone to make your record.

The fees for operating the record are as follows: For non-jury matters, e.g. motions or trials, $39 for three hours or less, and $91 for between three hours and a full day. For 12-person jury trials, the fee is $228 per day. These fees are to be paid at the counter in room 210 in advance of the time your hearing or trial is set to begin. You need to show your receipt to the clerk. Tip: Be sure to pay the fee before the time your hearing is set to start. The lines at the cashier can be long.

Sometimes lawyers want to bring a live court reporter to court for a motion or a trial. ORS 8.340(7) permits you to do this with reasonable notice to the trial court. In my view, “reasonable notice” does not mean the court reporter shows up shortly before the hearing is set to begin. Tip: Call the judge’s office a day or so before the hearing to advise you are planning to bring a reporter. Also, there is no statutory provision allowing the court to lower the daily trial fee if you bring your own court reporter.

Granting extension to counsel to respond to motions (“the time crunch”)

Common courtesy to each other and professionalism often gives lawyers the opportunity to agree to extensions of time for opposing counsel to respond to motions in civil and family law litigation. This is an age-old tradition, and is to be encouraged.

However, when you ask for or grant an extension, you should think about what effect that will have on the time line for the motion. When you grant an extension, you should agree with opposing counsel about how much time you then will have to reply to the response, and you should be sure that all the submissions are filed and delivered to the judge enough in advance of the motion hearing to be helpful to the judge.

Are “all the experienced judges” retiring?

It may be a phenomenon of my own advancing age, but does it seem to you like there has been big turn-over in the past few years a on the bench in Multnomah County, and that “all the experienced judges” are retiring? I confess I have often thought that over the years. But it is not true.

There are 38 judges on the Circuit Court in Multnomah County. The average time our current judges have been on the bench is 10 years. And, the average judge on this court became a judge after 17 years’ experience as a member of the OSB.

Looking back 100 years at the bench in Multnomah County, at any particular point in time, the average time on the bench has been seven and one-half years. Our current “crop” of judges has more experience on the bench than has existed in years past.