Rule 7.100.Disqualification Motions under ORS 14.260(7)
Current through August 1, 2026 · Last verified September 12, 2026
Full Text of Rule 7.100
Plain-English Summary
Start with the baseline. A motion to disqualify a judge and its supporting affidavit are submitted in the manner described in ORS 14.260(1) through (6). This rule adds nothing to that step. What it adds is a procedure that only the challenged judge can start.
A challenged judge who believes that a disqualification motion, or a series of them filed under ORS 14.260(1) or ORS 14.270, effectively denies the judge assignment to a criminal or juvenile delinquency docket may request a hearing by submitting a request for hearing form. It goes to the presiding judge, or to the presiding judge's designee if the presiding judge is the one being challenged, within two judicial days of the filing of the disqualification motion. The form must state that it is submitted under ORS 14.260(7) on that ground, and it must be served on each party to the case.
From there the case leaves the district. Within two judicial days of receiving the judge's request, the presiding judge or designee asks the Office of the State Court Administrator to assign a disinterested judge. Within three judicial days, the Chief Justice or designee makes that assignment from a predetermined list, and the judge chosen must not have held a judicial seat in the judicial district where the disqualification motion was filed. OSCA notifies the presiding judge or designee immediately, and that notice of assignment is entered on the register of actions within two judicial days.
The disinterested judge then runs the hearing on the disqualification motion, scheduling it promptly and holding it no more than 30 days after entry of the notice of assignment. Papers are due inside that window. The moving party's supplemental affidavit, if any, is due within seven days after entry of the notice of assignment, and the challenged judge's response to the motion or to a supplemental affidavit is due within seven days after that affidavit's due date.
Frequently Asked Questions
Who can ask for a hearing on a judge disqualification motion in Oregon?
The challenged judge. The procedure in UTCR 7.100 opens only when a judge believes that a disqualification motion, or a series of them under ORS 14.260(1) or ORS 14.270, effectively denies that judge assignment to a criminal or juvenile delinquency docket.
How quickly does the challenged judge have to act?
The request for hearing form must be submitted within two judicial days of the filing of the disqualification motion. It goes to the presiding judge, or to the presiding judge's designee if the presiding judge is the subject of the challenge, and it must be served on each party.
Who decides the motion once a hearing is requested?
A disinterested judge assigned by the Chief Justice or designee from a predetermined list, after the presiding judge or designee asks the Office of the State Court Administrator for one. That judge must not have held a judicial seat in the judicial district where the disqualification motion was filed.
When does the hearing happen?
The disinterested judge schedules it promptly, and it must be held no more than 30 days after entry of the notice of assignment on the register of actions. The chain leading there is short as well: two judicial days for the referral to OSCA, three judicial days for the assignment, and two judicial days to enter the notice.
What are the deadlines for a supplemental affidavit and a response?
The moving party's supplemental affidavit is due within seven days after entry of the notice of assignment of the disinterested judge. The challenged judge's response to the motion or to the supplemental affidavit is due within seven days after the due date for that affidavit.