City of Tigard
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Judge's Corner
August 2024
by Judge Emily Oberdorfer
Tigard Municipal Court Becomes a Court of Record
On August 13, 2024, the Tigard City Council made an important decision to enhance transparency and accountability in our judicial process by passing Ordinance No. 24-09, officially designating Tigard Municipal Court as a court of record. This change, effective September 15, 2024, means that all court hearings will now be recorded and securely stored for a minimum of five years.
We are excited about this transition as it reflects our commitment to greater openness in court proceedings. The new ordinance emphasizes increased access to court records and a heightened sense of responsibility in the judicial process.
For most participants, the court experience will remain unchanged. The same procedures and rules will apply, and we do not expect any additional time to be required due to the recordings. The only noticeable difference will involve the courtroom clerk, who will manage the recordings and inform participants when the recording begins and ends.
One significant change will be in the appeals process. Previously, cases appealed from Tigard Municipal Court were reheard from the beginning at the Washington County Circuit Court. This process added to the circuit court's workload. However, as a court of record, appeals will now go directly to the Oregon Court of Appeals, where cases will be reviewed for legal errors. This shift not only alleviates the burden on the circuit court but also provides an opportunity for higher court review, ensuring that our court's procedures are in line with legal standards.
I want to express my gratitude to the City Council for passing this ordinance. We look forward to the benefits of increased transparency and accountability as we move forward with this positive change.
May 2024
Your Day in Court: What to Expect at Trial
Within a month or two of entering a not-guilty plea, the Tigard Municipal Court will mail you your trial date and time. Trials, which are designed to be fair and impartial, are typically scheduled for Tuesday or Thursday mornings and generally last 15 to 20 minutes each. They are conducted in City Council Chambers inside Tigard City Hall, located at 13125 SW Hall Blvd. There is free public parking in the City Hall parking lot. Upon arrival, head down the hall to the left and check in with one of the court clerks. The clerks will let the judge know you are present.
Before proceedings commence, the judge may offer a brief opportunity to discuss pre-trial matters or potential resolutions. Participation in these negotiations is voluntary and may be helpful. If no agreement is reached, the trial begins with the swearing-in of all parties and witnesses. The citing officer will present their case first because they have “the burden of proof,” which means that they must convince the judge that it is more likely than not that you committed the violation. You'll have the opportunity to cross-examine the officer when they are finished presenting their side. After that, you can testify or present evidence, though it's not required. If you do testify, the officer may ask follow-up questions, and you will have to answer them as long as they are relevant and legal. The most common types of evidence in traffic cases are oral testimony, photographs/videos/recordings, or simple diagrams.
If you’re found not guilty, the ticket won’t appear on your driving record, and you won’t owe any money. If the judge finds you guilty, fines will be based on the circumstances of the case and your driving record. Payment plans are always available.
You can appeal to the Washington County Circuit Court within 30 days of the guilty finding. Inquire with the court clerk for further details on the appeals process.
Failure to appear at trial will result in a guilty finding and a license suspension.
If you have any questions or concerns, don't hesitate to ask the judge or court staff for clarification.
Fox12 Oregon spoke with Tigard Police Officer Mike Davis about the dangers of rolling through stop signs