How to Appeal a Violation Judgment From Justice Court

APPEALING A TRAFFIC OR VIOLATION JUDGMENT:

• Appeal must be made within 30 days of the date of your conviction and judgment.
• The original Notice of Appeal must be filed in Justice Court, and certified true copies served on Deschutes County Circuit Court and the prosecutor. The prosecutor is:
  • Deschutes County District Attorney, if appealing a state statute;
  • Deschutes County Counsel, if appealing a county ordinance, or
  • City Attorney, if appealing a Redmond or Sisters city ordinance.
• You must also pay an appeal filing fee to Deschutes County Circuit Court.

APPEAL AFTER ENTRY OF A PLEA OF GUILTY OR NO CONTEST:

You have the right to appeal the sentence imposed upon by the Court if you can show that the disposition:

• Exceeds the maximum allowable by law; or
• Is unconstitutionally cruel and unusual.

You cannot appeal Justice Court’s finding of guilty, nor can you appeal the entry of a conviction.

APPEAL AFTER ENTRY OF A PLEA OF NOT GUILTY & FOLLOWING A TRIAL:

After timely filing and service of your Notice of Appeal and payment of the Deschutes County Circuit Court appeal filing fee, you will be given a new trial as though the case had originally been filed in Deschutes County Circuit Court.

The Court cannot give you advice on how to complete the appeal procedures. You must research the Oregon Revised Statutes or consult an attorney with questions.