Eric J. Neiman, Member of the Firm in the Health Care & Life Sciences practice, in the firm’s Portland office, co-authored an article in the Multnomah Lawyer, published by the Multnomah Bar Association, titled “Summary Judgment Practice in Multnomah County Circuit Court: The Perspective of Two Pro Tem Judges.”
Following is an excerpt:
For decades, Multnomah County Circuit Court has used the services of pro tem judges to assist with summary judgment motions. Pro tem judges are experienced civil practitioners who are appointed by the Oregon Supreme Court. All parties have the right to have a sitting judge rule on their motion, but many summary judgment motions are heard and decided on the pro tem docket. This article discusses how the pro tem docket works and offers practical suggestions for effective summary judgment practice.
Why Have Pro Tem Judges and How Are They Selected?
The pro tem docket has long been recognized as an important add-on for the court’s efficient handling of civil cases. Because of the time and effort required to effectively and timely resolve complex summary judgment motions, the pro tem system was developed to help ease workload burdens on elected judges.
Multnomah County Circuit Court’s pro tem judges go through the same vetting and selection process as candidates for elected judicial positions. For initial appointments, pro tem applicants submit two detailed judicial application packets. Applicants are then screened by the MBA Judicial Screening Committee. Successful applicants are then approved by the presiding judge and appointed by the Oregon Supreme Court for three-year terms. The application and screening process repeats every three years, with the additional step that the renewal vetting process includes interviews with lawyers who have appeared in the pro tem judge’s court to ensure that proper judicial standards are being met.
In Multnomah County Circuit Court, pro tem summary judgment service is pro bono. The lawyers who serve as pro tem judges for summary judgment motions do their work as unpaid public service to ensure a high-functioning court system and access to justice.
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