News and Events
Oregon Chief Justice Issues Rule Limiting Courthouse Arrests
On the recommendation of the Uniform Trial Court Rules (UTCR) Committee, Oregon Supreme Court Chief Justice Martha Walters today enacted a rule that prohibits civil arrests in state courthouses unless the arresting agency has a judicial arrest warrant. The rule was adopted following a request to prohibit U.S. Immigration and Customs Enforcement (ICE) agents from making arrests in courthouses acting only on their own administrative warrants.
The UTCR Committee reviewed a proposal to ban civil arrests without a judicial warrant both in courthouses and when people are in transit to or from court proceedings. The final rule reflects the Committee’s recommendation and prohibits non-judicial arrests only in court facilities or their vicinity (including entryways, sidewalks, and parking lots).
The rule does not require judges to take any specific enforcement action, but also does not limit their ability to enforce this rule or other law. The rule will be posted for public comment in mid-December and reviewed again by the UTCR Committee in April 2020. Once posted, people wishing to comment on the rule can do so here: https://www.courts.oregon.gov/programs/utcr/committee/Pages/default.aspx.
Unified Bar Q&A
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