Summary
The Oregon Supreme Court considers whether a juvenile court referee's decision in a dependency proceeding constitutes an appealable judgment. The court holds that, under Oregon statutes governing judgment documents, an appealable judgment must bear the signature of a judge, and a referee's signature does not satisfy that requirement when the referee acts in that capacity. The court affirms dismissal of the appeal.
Topics
Practice areas
Questions Presented
- Whether a juvenile dependency judgment signed by a juvenile court referee is appealable under Oregon's juvenile-court and general judgment statutes.
- Whether the absence of a judge's signature on the judgment document is a jurisdictional defect that prevents an appeal.
- Whether a party must request rehearing of a referee's order before appealing.
Holdings
- A juvenile dependency judgment is not appealable when the judgment document is signed by a referee rather than by a judge.
- The court did not need to decide whether ORS 419A.205 independently requires that a judge enter the decision because the later-enacted statutes in ORS chapter 18 resolve the appealability issue.
- The court did not resolve whether a request for rehearing under ORS 419A.150(7) is a prerequisite to appeal because the absence of a judge's signature independently made the judgment unappealable.
Key quotations
“Under ORS 18.035, ORS 18.038, and ORS 18.245, a judgment must be signed by a judge, and the absence of a judge’s signature is a jurisdictional defect.” (299)
“We therefore hold that the Hughes “judgment” is not appealable” (299)
“The decision of the Court of Appeals is affirmed. The appeal is dismissed.” (300)
Factual background
The Department of Human Services filed a juvenile dependency petition alleging that the child was dependent because of the mother's emotional problems and failure to provide dental care and food, as well as the father's domestic violence and criminal conduct. Judge Wyatt entered findings concerning the mother, and juvenile court referee Hughes later found allegations concerning the father to be true, made the child a ward of the court, appointed DHS as guardian, and ordered services for both parents. Hughes signed the document as a referee, although she had also been appointed a circuit court judge pro tem, and the record did not establish that she signed in that capacity.
Procedural history
The Multnomah County Juvenile Court proceedings involved allegations that the child was within the court's dependency jurisdiction. Judge Wyatt entered findings concerning the mother, and juvenile court referee Hughes later entered a document titled "Judgment Establishing Dependency Jurisdiction and Disposition" concerning the father and the child's dependency status. Mother did not request a rehearing under ORS 419A.150(7), but appealed both documents. The Court of Appeals dismissed the appeal and denied reconsideration; the Oregon Supreme Court affirmed and dismissed the appeal.