2.28.190 Municipal Judge Jurisdiction and Powers
A. The Municipal Judge shall be the judicial officer for the City and shall have jurisdiction over all violations of City ordinances, the City Charter, and infractions, violations and misdemeanors described in the Oregon Revised Statutes occurring within the City. The Municipal Judge, in exercising this jurisdiction, shall have all the powers of a circuit court judge set forth in the Oregon Revised Statutes.
B. For any case involving an infraction, other than a traffic infraction, where it appears on the face of one or more pleadings, appearances or motions, that the underlying dispute between the complainant and defendant could be resolved through mediation, the court shall have the authority to refer the matter for mediation prior to or concurrent with the setting of the matter for trial.
1. The purpose of the mediation shall be to assist the complainant and defendant in resolving the dispute leading to the alleged infraction instead of litigating those issues before the court. The mediator shall report to the court the outcome of the mediation at the conclusion of the mediation proceeding. The mediator shall report in writing to the court any agreement reached by the parties as a result of the mediation, and if the municipal judge approves, the agreement shall be incorporated in the order disposing of the case. If the parties do not reach an agreement, the mediator shall report that fact to the court and may make a recommendation to the court as to disposition of the case.
2. The municipal judge shall have the authority to dismiss any case in which the complainant fails or refuses to participate in mediation. The municipal judge shall have the authority to compel the defendant to participate in mediation, and any defendant who willfully fails or refuses to participate in mediation after being ordered to do so may be cited for contempt in the manner provided by law.
3. The municipal judge shall have the authority to require the defendant and complainant to agree to comply with any order disposing of the case that incorporates the outcome of the mediation. If the complainant fails or refuses to agree to comply with such order, the municipal judge shall have the authority to dismiss the case. Any defendant who willfully fails or refuses to agree to comply with such order after being ordered to do so may be cited for contempt in the manner provided by law. (Ord. 2820 § 1, amended, 1998)