Oregon court rules & publisher orders

PJO 24-006 Pretrial Release (Am1) — physical PDF page 11

PJO 24-006 Pretrial Release (Am1) · physical PDF page 11 ·

Presiding Judge Order 24-006 (Amendment 1)  Page 11 of 11 
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B) RAO Investigation and Report 
1) The RAO report will not be ordinarily fi led in court records (Odyssey); if so 
filed, will be filed as a CONFIDENTI AL document, and if not so filed 
determined to be tantamount to CONFIDENTIAL, requiring a motion, 
declaration and proposed order and prot ective order for release.  The RAO 
release assessment report will be provided to the Judge, the District Attorney, 
and the Defense Attorney.  This PJO con stitutes a protective order, and the 
RAO report will not be copied for distri bution outside the immediate use of 
the state and defense and will be destroyed at the end of the case.  The RAO 
report will be maintained outside of court records by the RAO clerical staff for 
the period of the case, plus 30 days an d any time of an appeal, and then shall 
be destroyed. 
2) The RAO shall not discuss conversations with the AIC defendant beyond what 
is placed in the report without court direction or order. 
3) The RAO will, whenever possible in a ccomplishing the duti es of the RAO, 
provide defense counsel for a defendant notice of the pending interview by 
email, telephone, or in-person prior to interviewing a represented defendant. 
4) The RAO shall not be called as a witness to any release hearing or other 
proceeding other than where the RAO has signed a declaration in support of a 
release violation without first filing a motion, declaration establishing good 
cause that relevant and material matte rs are likely to be presented, and 
proposed order for RAO testimony five days prior to the hearing. 
C) Nature of this Order 
This General Order supersedes all previous  orders on the same subject and shall 
remain in effect until further order of this Court. 
 
 
 Dated this ____ day of  _______________, 2024 
 
 
      ______________________________ 
      D A N I E L  J .  H I L L  
      P r e s i d i n g  J u d g e   
 
 
1       ORS 135.250 Domestic Violence section.  
(b) Notwithstanding paragraph (a) of this subsection, the court may enter an order waiving the condition 
that the defendant have no contact with the victim if: 
      (A) The victim petitions the court for a waiver; and 
      (B) The court finds, after a hearing on the petition, that waiving the condition is in the best interests of 
the parties and the community. 
      (c) If the defendant was provided notice and an opportunity to be heard, the court shall also include in 
the agreement, when appropriate, terms and findings sufficient under 18 U.S.C. 922 (d)(8) and (g)(8) to 
affect the defendant’s ability to possess firearms and ammunition or engage in activities involving firearms. 
      (d) ORS 107.720 applies to release agreements executed by defendants charged with an offense that 
constitutes domestic violence, except that proof of service of the release agreement is not required and the 
agreement may not be terminated at the request of the victim without a hearing. 
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June

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