August 2024

Tigard Municipal Court Becomes a Court of Record

On August 13, 2024, the Tigard City Council made an important decision to enhance transparency and accountability in our judicial process by passing Ordinance No. 24-09, officially designating Tigard Municipal Court as a court of record. This change, effective September 15, 2024, means that all court hearings will now be recorded and securely stored for a minimum of five years.

We are excited about this transition as it reflects our commitment to greater openness in court proceedings. The new ordinance emphasizes increased access to court records and a heightened sense of responsibility in the judicial process.

For most participants, the court experience will remain unchanged. The same procedures and rules will apply, and we do not expect any additional time to be required due to the recordings. The only noticeable difference will involve the courtroom clerk, who will manage the recordings and inform participants when the recording begins and ends.

One significant change will be in the appeals process. Previously, cases appealed from Tigard Municipal Court were reheard from the beginning at the Washington County Circuit Court. This process added to the circuit court's workload. However, as a court of record, appeals will now go directly to the Oregon Court of Appeals, where cases will be reviewed for legal errors. This shift not only alleviates the burden on the circuit court but also provides an opportunity for higher court review, ensuring that our court's procedures are in line with legal standards.

I want to express my gratitude to the City Council for passing this ordinance. We look forward to the benefits of increased transparency and accountability as we move forward with this positive change.

Within a month or two of entering a not-guilty plea, the Tigard Municipal Court will mail you your trial date and time. Trials, which are designed to be fair and impartial, are typically scheduled for Tuesday or Thursday mornings and generally last 15 to 20 minutes each. They are conducted in City Council Chambers inside Tigard City Hall, located at 13125 SW Hall Blvd. There is free public parking in the City Hall parking lot. Upon arrival, head down the hall to the left and check in with one of the court clerks. The clerks will let the judge know you are present.

Before proceedings commence, the judge may offer a brief opportunity to discuss pre-trial matters or potential resolutions. Participation in these negotiations is voluntary and may be helpful. If no agreement is reached, the trial begins with the swearing-in of all parties and witnesses. The citing officer will present their case first because they have “the burden of proof,” which means that they must convince the judge that it is more likely than not that you committed the violation. You'll have the opportunity to cross-examine the officer when they are finished presenting their side. After that, you can testify or present evidence, though it's not required. If you do testify, the officer may ask follow-up questions, and you will have to answer them as long as they are relevant and legal. The most common types of evidence in traffic cases are oral testimony, photographs/videos/recordings, or simple diagrams.

If you’re found not guilty, the ticket won’t appear on your driving record, and you won’t owe any money. If the judge finds you guilty, fines will be based on the circumstances of the case and your driving record. Payment plans are always available.

You can appeal to the Washington County Circuit Court within 30 days of the guilty finding. Inquire with the court clerk for further details on the appeals process.

Failure to appear at trial will result in a guilty finding and a license suspension.

If you have any questions or concerns, don't hesitate to ask the judge or court staff for clarification.

October / November 2023
by Judge Emily Oberdorfer

On October 24, 2023, I presented the City Council with a Photo Enforcement review and update which is available here. 

If you have ideas on how we can positively impact our community or questions you’d like answered in Judge’s Corner, please reach out to court1@tigard-or.gov.

April  2023
by Judge Emily Oberdorfer

On April 18, 2023, I presented the City Council with the 24^th annual review of the Tigard Municipal Court. The entire presentation is online and begins around the twenty-three-minute mark, but the main takeaway is that we are busy, doing well, and striving to do better.

Our overarching goal is to provide an impartial local forum for the adjudication of relatively minor cases in a fair, professional, equitable, and efficient matter. We strive to promote justice, act as a community resource, and provide education about public safety. All of our Court staff are dedicated to working toward an antiracist courtroom. If you take time to listen to my presentation to Council, you will hear more about the steps we are taking to accomplish our goals. I also encourage you to listen to our DEIB manager Kurt Jun’s presentation, which is right after mine.

For the first time since Tigard implemented the photo enforcement program, the Municipal Court is fully staffed. We have a total of nine people working here, three of whom are bilingual (English and Spanish). Having a full team has allowed us to recover from the backlog created by COVID-19 closures. We have significantly reduced the time it takes to get a case to trial, which helps promote equity and helps keep our community safer.

We had 17,066 cases filed between April 1, 2022, and March 31, 2023. The overwhelming majority of those were issued through the photo enforcement program. During that same period 2,602 people had their cases dismissed by participating in the Traffic Safety Education Program. Two hundred nine people were cited for using their phone while driving. I understand that community members are curious about the financial aspects of photo enforcement. As the municipal court judge I don’t track revenue but will work with the finance department toward getting that information out.

Moving forward, the court hopes to increase our engagement with the community through contact with local schools and participation in city-planned events. For example, we are looking forward to participating in Pride Month by waiving the wedding fee through the month of June.

If you have ideas on how we can positively impact our community or questions you’d like answered in Judge’s Corner, please reach out to court1@tigard-or.gov.

March 2023
by Judge Emily Oberdorfer

Traffic Ticket Arraignments

When you’re issued a traffic ticket there is an appearance date listed toward the bottom.  That appearance date has been reserved for you to let the court know whether you want to have a trial, waive that right (with the understanding that a conviction will go on your record and you’ll be assessed a fine) or, if you’re eligible, enroll in the Traffic Safety Education Program. 

You may cancel your arraignment by contacting the court and entering a plea in advance. 1) A “no contest” plea means you are telling the court that you believe there is enough evidence to find you guilty. 2) A “not guilty” plea means that you want the government to prove it is more likely than not that you committed the violation.

Clerks are available by phone Monday through Thursday from 9 AM–6 PM and 8 AM–6 PM in person. Clerks can register you for traffic school if you’re eligible, reduce the fine based on your driving history, set you up for a payment plan, accept a not guilty plea, and possibly your arraignment date.

If you wish to enter a no contest plea and pay the presumptive fine, you can do that online at www.tigard-or.gov/ticket or you can mail a check or money order payable to City of Tigard. The court does not accept payment by phone.

Of course, I’d love to see you in person at your arraignment date. I have more flexibility regarding fines and fees than the court clerks and I can answer more questions about law and procedure, and can evaluate your case on an individual basis.

If you’re hoping to get your ticket dismissed outright, you will probably need to set your case for trial.  

Arraignments at our court are informal but very important. If you don’t appear we will convict you in default and assess a fine. If you end up owing the Court money, we can work with you to come up with a payment plan that you can afford. 

December 2022
by Judge Emily Oberdorfer

Oregon’s cellphone law—officially called Operating a Motor Vehicle While Using a Mobile Electronic Device— prohibits drivers from operating their device except for a single tap or touch to activate or deactivate a function of the device. Simply holding a phone in your hand, even if you aren’t talking, is considered a violation. To safely, and legally, use your phone you must pull over or park in a parking place. Using a device while stopped at a red light is forbidden by the law.

A lot of folks come to court hoping to get their case dismissed because they were responding to work or answering a potentially important call from a kid or a parent. I understand that urge and I empathize, however, the law doesn’t let us take even the important calls unless you’re using a hands-free device. I meet a lot of gig workers who explain that they need to use their phone to accept a job, enter an address into their GPS, or communicate with a customer but the law doesn’t allow for that either—unless you’re an ambulance driver, police officer, firefighter, or emergency medical services operator acting in the scope of employment. The rest of us still have to pull over.

The presumptive fine for a first-time cellphone ticket in Oregon is $265 or proof that the defendant has completed a court-approved Distracted Driver Avoidance Course. A second violation comes with a presumptive $440 fine, and the third or subsequent within 10 years from the first conviction is a Class B misdemeanor. Traffic violations and crimes in Oregon are non-expungable and will not “roll off” your record.

October 2022
by Judge Emily Oberdorfer

Despite the unseasonably warm temperature, days are getting shorter and daylight savings time ends on November 6. Many of us are about to find ourselves commuting in the dark again. According to the National Highway Traffic Safety Administration (NHTSA) driving in the dark is more dangerous because even with headlights on our visibility is significantly limited making it harder for us to spot hazards. Additionally, glare from streetlights and oncoming traffic can make things worse.

In addition to making sure you are well-rested there are things you can do to help protect yourself and your community when driving in the dark:

• Leave extra room between you and the person ahead of you. Change lanes or pull over to let faster drivers get by.
• Clean your windshield! Smudges and cracks can scatter light and increase glare.
• Check your headlights! Dirty headlights can decrease your visibility and cast glare onto oncoming drivers. If your headlights are tilted too low you’ll lose visibility and if they’re too high they can temporarily blind oncoming traffic. Get a dealer or mechanic to check to make sure you’re getting the maximum benefit. Remember to use your high beams when appropriate. Avoid looking directly at the lights of oncoming traffic.
• Balance your inside lighting as well as your high beams. Your dash lights should be bright enough for you to read but not so bright that it’s disorienting or creating too much ambient light.
• Avoid two-lane highways when possible. NHTSA reports two-lane highways can be the worst roads to travel for nighttime glare. The combination of oncoming cars’ highlights, lower instances of streetlights, and curvier roads makes for more dangerous driving.
• Slow down. Give yourself plenty of time for commuting in the dark. Remember, visibility is limited and your headlights can’t make up for daylight.
• Get your eyesight checked. Some people need different glasses for night driving.

Source: https://www.geico.com/living/driving/auto/car-safety-insurance/driving-at-night/