Justice Courts

The Mission of the Justice Court is to provide fair and equal access to court services for local citizens such as impartial adjudication of traffic, civil, County violations, animal regulation and small claims cases in a neutral environment.

Under the provisions of Oregon Revised Statutes, Chapters 51, 52, and 153, the Lane County Justice Court is responsible for the adjudication of violations and misdemeanors filed as violations of traffic, truck-overload, truancy, civil complaints, Lane County Code violations (such as animal regulation, parks, Lane ESD, and waste management complaints) and related post-adjudicative processes.

Justice Court staff are not able to provide legal advice. If you are in need of legal advice you may contact the agencies listed below.

Oregon State Bar (800-452-7636)
Oregon Law Center (541-485-1017)


Contact Us:

 

Justice of the Peace

Richard B. Brissenden, II

 

Address

900 Greenwood St

Florence, OR 97439

 

Phone

541-997-2535


Email

[email protected]

 

Fax

541-902-0639

 

Hours

8:00 a.m. - 5:00 p.m.

Monday - Thursday

Closed Friday

 

There are occasions where hours and functions change, so please call first if you plan to make a long trip.

 


Lane County Justice Courts History & Jurisdiction

Lane County has historically operated three separate Justice Courts:

  • One in Oakridge called Oakridge Justice Court
  • One in Springfield called Central Lane Justice Court
  • One in Florence called Florence Justice Court

In 2012 Lane County consolidated to a single Justice Court in an effort to reduce cost while continuing to provide an important service to the community. The Florence Justice Court was selected and renamed to the Lane County Justice Court. The Lane County Justice Court has jurisdiction over the entirety of Lane County except for the City of Eugene, which has the Lane County Circuit Court. Our Justice Court handles the following types of cases:

  • Traffic Violations
  • Lane County Animal Services charges
  • Violations on the Dunes
  • Fishing/Boating Violations
  • Lane County Parks Parking Violations
  • Violations from US Forest Service
  • Small Claims
  • Evictions (known as FEDs)

Officers who enforce traffic laws have the authority to cite you in Circuit Court or Justice Court at their discretion.

Jury Duty

Did you get a Summons for Jury Duty in Florence?

First a little history:

Lane County has historically operated three separate Justice Courts:

  • One in Oakridge called Oakridge Justice Court
  • One in Springfield called Central Lane Justice Court
  • One in Florence called Florence Justice Court

In 2012 Lane County consolidated to a single Justice Court in an effort to reduce cost while continuing to provide an important service to the community. The Florence Justice Court was selected and renamed to the Lane County Justice Court.

Jurisdiction:

The Lane County Justice Court has jurisdiction over the entirety of Lane County except for the City of Eugene, which has the Lane County Circuit Court. This means that when a Jury Trial is scheduled, the Justice Court must take its Jury Pool from the entirety of Lane County (minus the City of Eugene). Jury Trials in Justice Court are a rarity, only one was scheduled between 2020 and 2022, and it was settled out of Court. Given that, Jury Trials are still a possibility with most Justice Court Jury Trials being limited to a single day.

Each eligible citizen has an obligation to serve as a juror. The right to a jury trial has meaning only if you and others serve as jurors. If you do not respond to the summons, and you don't appear for jury service, the court may order you to appear and explain why you should not be held in contempt. If the court orders you to appear, you risk arrest if you do not appear. If you are charged with contempt, you risk criminal sanctions. Please support the right to a trial by jury and respond to your summons.

In order to be excused from jury service, you must meet either the mandatory standards or the discretionary standards to be excused.

If you are age 70 or older on the date of jury service, or if you are a woman breast-feeding a child, and you request to be excused, the court must excuse you from service. This is the mandatory standard to be excused. Check the appropriate box in Section 3 of the juror response form, sign, and return the form to the Jury Coordinator.

You may be excused from jury service if:

  1. jury service causes you, your family, or your employer undue hardship or extreme inconvenience; or,
  2. you are the sole care giver for a child or other dependent and you personally attend to the dependent during the court's normal hours and you are unable to afford daycare or make other arrangements for the care of the dependent.

You must show good cause to the court why you should be excused under these standards. Requests for excuse from service must be made by filling out the Request for Excuse from Jury Duty form on the back of the letter from the Judge, and mailing or faxing it back immediately. Requests by phone to be excused are not accepted. The court may deny a request for excuse under (a) or (b) above and require you to serve. You will receive a written response to your request to be excused from service.

Please provide all of your contact information in your juror questionnaire so that we can promptly reach you in the event that there are any scheduling changes to the jury trial.

Please dress comfortably, but also have respect for the important role you have as a juror. As a juror you are the judge of the facts. You won't be wearing a black robe, but you should dress like you are doing serious business.

Jurors often spend many hours together in close quarters. Jurors should be respectful of their fellow jurors by reporting for service in clean clothes and without strong perfume or cologne. Jurors are permitted to bring food and drinks, but may be required to store them before going into a courtroom

Prohibited Acts by Employers: Oregon law provides that an employer shall not discharge or threaten to discharge, intimidate, or coerce an employee by reason of the employee’s service as a juror. The law also provides protections related to leave and continuing insurance coverage.

You got a ticket, what's next?

You have a few options for taking care of this prior to your Arraignment Date. In all written communication, please be sure to include your name, mailing address, email address, phone number, and your plea (guilty, not guilty, no contest).

  1. You can pay the Presumptive Fine (the amount(s) written on your violation(s).
  2. If you plead guilty or no contest, you can send a letter or email to the Judge to explain your side. If you plead not guilty, do not explain your side. You will be given a court date to tell your side.
  3. The Judge considers all written communication the same as appearing in person. Both mailing address and email address are listed above.
    1. Please be sure to state exactly what it is you are asking for (reduction, request for dismissal, payment plan, fix-it, etc.),
    2. Be sure to include (attach) all supporting documents.

To pay the Presumptive Fine, use one of the following methods:

4. If you chose not to do one of the above, then you must appear on your scheduled arraignment date. Please be prepared to pay at least a portion of the fine. 

Usted tiene algunas opciones para ocuparse de esto antes de su fecha de Lectura de Cargos. En toda comunicación escrita, por favor incluya su nombre, dirección de correo, dirección de correo electrónico, numero de teléfono y su declaración (culpable, no culpable, o que no se opone al cargo).

  1.  Puede pagar la multa presuntiva (la cantidad que esta escrita en la infracción).
  2. Si se declara Culpable o que No se Opone al cargo, puede enviar una carta o correo electrónico al juez para explicar su lado. Toda comunicación con el juez debe ser por escrito.
  3. Si se declara No Culpable, no explique su lado. Se le dará una cita en el juzgado para que exponga su versión.
  4. El juez considera toda comunicación escrita igual que una comparecencia personal. Tanto la dirección postal como la dirección de correo electrónico están escritas arriba.
    1. Asegúrese de indicar exactamente que es lo que solicita (que le reduzcan la multa, solicitud de desestimación, plan de pago, corrección, etc.)
    2. Asegúrese de incluir (adjuntar) todos los documentos justificativos.

     

    Para pagar la multa presunta, use uno de los métodos siguientes:

     

     

  5. Si elige no hacer una de las opciones anteriores, deberá comparecer en la fecha programada para la lectura de cargos. En ese momento usted puede declararse Culpable, que No se Opone al cargo, No Culpable. Notifique al tribunal con al menos una semana de anticipación (preferiblemente dos semanas) si necesita un intérprete. Por favor, prepárese para pagar al menos una parte de la multa.

Appeal Process

How to Appeal a Violation Judgment From Justice Court

APPEALING A TRAFFIC OR VIOLATION JUDGMENT:

  • Appeal must be made within 30 days of the date of your conviction and judgment.
  • The original Notice of Appeal must be filed in Justice Court, and certified true copies servedon Lane County Circuit Court and the prosecutor. The prosecutor is:
  • Lane County District Attorney, if appealing a state statute;
  • Lane County Counsel, if appealing a county ordinance, or
  • City Attorney, if appealing a city ordinance.
  • You must also pay an appeal filing fee to Lane County Circuit Court.

APPEAL AFTER ENTRY OF A PLEA OF GUILTY OR NO CONTEST:

You have the right to appeal the sentence imposed upon by the Court if you can show that the disposition:

  • Exceeds the maximum allowable by law; or
  • Is unconstitutionally cruel and unusual.

You cannot appeal Justice Court’s finding of guilty, nor can you appeal the entry of a conviction.

APPEAL AFTER ENTRY OF A PLEA OF NOT GUILTY & FOLLOWING A TRIAL:

After timely filing and service of your Notice of Appeal and payment of the Lane County Circuit Court appeal filing fee, you will be given a new trial as though the case had originally been filed in Lane County Circuit Court.

The Court cannot give you advice on how to complete the appeal procedures. You must research the Oregon Revised Statutes or consult an attorney with questions.

 

 

Lane County Circuit Court

The Justice Court is not a part of the Lane County Circuit Court, which is housed in the county's courthouse and operated by the State of Oregon Judicial Department. For information about the Circuit Court, call the state court offices at 541-682-4020 or visit their web site atwww.ojd.state.or.us.

Definitions

Citation/Complaint:   May also be referred to as a Uniform Citation and Complaint (UCC).  This is an official summons and formal charging instrument issued by a legal authority to appear before a magistrate or a judge at a later time.

 

Appearance:   When a defendant answers or responds to a matter pending before the court and the results of that appearance.  An appearance may be in person, by mail or by fax.

 

Hearings:   A session to decide a fact or a law.  It is a proceeding where evidence is considered to determine the facts and to render decisions based on that evidence.

 

Trial:   The determination of a person's guilt or innocence by due process of law.  At a trial, a representative from law enforcement and the defendant will appear before the court.  Trials may be held before a judge, a jury (civil cases only), or by a sworn affidavit.

 

Sentence:   The judgment formally imposed by the judge upon the defendant after conviction, usually in the form of a fine, incarceration or probation.

 

Payment agreement:   Negotiated or assigned agreement between the defendant and Court to pay financial obligations.

 

Failure to appear:   A defendant's failure to answer as ordered by the court.

 

Guilty by default:   When a defendant does not appear/answer as ordered by the Court.

 

Warrant:   A written order of court which commands a law enforcement officer to arrest a person and bring the person before the court.

 

Suspension:   Court order that withholds the defendant's driving privileges.

 

Contempt:   The process where a new charge of contempt of court is filed due to a defendant's failure to appear or failure to comply with conditions of a sentence (e.g., failure to attend court ordered traffic school).

 

Show Cause:   An order requiring the defendant to appear in court to answer allegations of failure to pay monetary obligations or failure to comply with conditions of a sentence or deferred prosecution, diversion or probation.

 

Appeal:   A request for review of a case or particular issue to a higher court (Circuit Court) for review and possible reversal.

 

Fees:   Monetary amount assessed on each fine or forfeiture amount and mandated by state law or agency policy.  Priority of collection, distribution, waivers and adjustments of fines and fees are also governed by state law, city or county ordinance, agency policy or judge's ruling.

 

Financial Judgment:   The court's determination of monetary obligation of the defendant which includes fines and fees.

 

NSF Checks:   Checks returned by the bank due to insufficient funds, closed accounts, or stop payment orders.

 

Garnishments:   Claims on property or money held by a third party in order to satisfy a debt.

 

Small Claim/Civil:   A legal process to expeditiously adjudicate claims that seek damages below a specified amount as set by statute.  Effective October 1, 2011, that amount is $10,000 or below.

 

Civil Eviction (formally called a FED- Forcible Entry and Detainer):   The process of legally dispossessing a person of land or rental property.

 

 

Suspended License

Please note: If your license has been suspended for failing to pay your fine it is the court's procedure to fax the license clearance to the DMV headquarters in Salem, Oregon. We cannot guarantee when your clearance will be processed by the DMV. If your license is due to be suspended soon (or if it is already suspended) and you need a clearance immediately, you may come to the court Monday - Thursday (except holidays) between 9:00 am and 4:00 pm to pick up a copy of your clearance to take directly to a local DMV office.

Courtroom Etiquette

Dressing for Court

If you are appearing in Court you should dress nicely and in a manner that shows respect for the court.

Here are some things you should NOT wear:

  • Hats inside the courtroom (except those worn for religious purposes) 
  • T-shirts depicting violence, sexual acts, profanity, or illegal drugs
  • Sunglasses 
  • Miniskirts or shorts
  • Tube or halter tops/plunging necklines or midriffs
  • Baggy pants that fall below the waist
  • Ripped or torn jeans 
  • Pajamas
  • Bare feet – shoes are required 
  • Muscle shirts (usually worn as undergarments)

When Appearing in Court

  • Be on time 
  •  Always address the judge as “Your Honor”
  • Throw away gum, food, and drinks before entering the courtroom 
  • Enter and leave the courtroom quietly so you do not disturb others
  • Stand when you are speaking to the judge 
  • Only approach the bench when instructed to do so
  • Stand when the judge enters or leaves the courtroom 
  • Never interrupt the judge. If you are unsure of what you heard, wait until the judge or other person speaking at your hearing has finished talking before asking a question
  • Speak clearly when you respond to the judge’s questions

Cell Phone, Pagers, Tablets

  • Should always be silenced before entering the Courtroom

Children in the Courtroom

The public is also hereby notified that as this is a court of law, the Court will not allow distractions to invade, interrupt, or otherwise disturb the dignity and solemnity of court proceedings. As court generally is not an appropriate place for children, the Court asks parents and guardians to seriously consider whether it is necessary for a child to attend court. When a child is present in court, they should not present a distraction to the Courts orderly function and process.

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