Oregon Right to Trial Initiative (2010)
|Not on Ballot|
| This measure did not or |
will not appear on a ballot
The ballot title read as follows:
Grants defendant right to circuit court trial in state/subdivision "major civil enforcement action."
Result of "Yes" Vote: "Yes" vote grants defendant right to circuit court trial in state or subdivision "major civil enforcement," if potential penalty is $10,000 or more.
Result of "No" Vote: "No" vote retains existing administrative and judicial procedures in any enforcement action by the state or subdivision of state seeking penalties for violations of law.
Summary: Under current law, in some circumstances, the state and its subdivision use administrative procedures to enforce laws by seeking civil penalties; judicial review is available; a reviewing court may award attorneys' fees, costs in some circumstances. Measure entitles defendants to a circuit court trial by judge/jury in any state or subdivision "major civil enforcement action" (where possible aggregate penalty is $10,000 or more); if state or subdivision receives notice of demand for circuit court trial in "major civil enforcement action," state or subdivision must file the enforcement action in court within specified time. Attorney fees, costs may be assessed against state or subdivision under defined circumstances. May preempt conflicting laws/procedures. Applies to actions brought on/after July 1, 2011. Other provisions.
Path to the ballot
- See also: Oregon signature requirements
According to the secretary of state, supporters did not file signatures in an attempt to qualify the measure for the 2010 ballot. Initiative petitions for statutes required six percent of 1,379,475, or 82,769 signatures. The deadline for filing signatures for the November 2, 2010 ballot was July 2, 2010.
- Right to Trial Initiative summary
- Full text of proposal, as filed
- Certified ballot title, August 21, 2009
State of Oregon
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