The Pendleton Municipal Court may become a “Court of Record.”
Being a Court of Record means Pendleton Municipal Court will record and preserve audio of court cases to be used in possible appeals.
Municipal Court Judge Blaine Clooten said Pendleton Municipal Court has long being the city’s court for violation and misdemeanor cases, but, historically, the court has not audio recorded court sessions. He said municipal courts are not required to record proceeding for good reasons.
“For instance, many municipal courts serve rural and sparsely populated communities,” he said. “These small towns often hear few cases, and it makes little sense to pay the costs of recording proceedings,” Clooten said. “In contrast, the city of Pendleton is the county seat for Umatilla County and one of the largest cities in Eastern Oregon. PMC hears a large docket of cases each year. PMC hears criminal cases which are considered significant or substantial, such as driving under the influence of intoxicants and assault 4, among others.”
Clooten said several Pendleton Municipal Court judges have considered the move to become a Court of Record. In general, the argument against being a court of record has been the cost and formality that recording proceedings brings.
“There are technical reasons that favor becoming a Court of Record,” he said. “Courts of Record can only have convictions appealed to the Court of Appeals and not the local Circuit Court. This change would save prosecutorial and police officer time, and recording proceedings is more efficient for the local court system as a whole. By recording proceedings all defendants would have access to everything that has been said in PMC. Open access to justice and record preservation are a corner stone of the court process. Recording proceedings helps achieve these goals.”
The recording software will cost the City of Pendleton $415 a month, but that funding could be made up in saved employee time, including police officers and public defenders who attend both trials, as well as in fines and fees that will remain in Pendleton Municipal Court instead of being transferred to an appeals court. Preventing a second Umatilla County trial would also reduce the number of people called to serve on a local jury.
Clooten said the proposal to become a Court of Record was presented to the Pendleton City Council after research and meeting with key stakeholders. The city council ultimately decides whether or not becoming a Court of Record is in the best interests of the city and its citizens.
The Pendleton City Council considered this decision, weighed the costs and benefits and concluded that PMC should become a Court of Record. The council had the first reading of the ordinance on Sept. 5; the second reading and vote on the ordinance is scheduled for the next Pendleton City Council meeting, Sept. 19.
If the ordinance is approved on Sept. 19, Pendleton Municipal Court will officially begin recording proceedings on Nov. 1.
Pendleton marks the seventh municipal court in Oregon to record proceedings, joining St. Helens, Beaverton, West Linn, Lake Oswego, Florence and Milwaukie.
