City of Brookings v. Harmon

Defendant was charged in the municipal court with a city ordinance violation.1 On her motion, that court transferred the case to district court. The city disputed that court’s jurisdiction, contending that a transfer under ORS 51.050(2) is not available in a municipal court proceeding. The district court refused to refer the question of jurisdiction to us for summary resolution pursuant to ORS 46.063, and when the city refused to prosecute, the district court dismissed the case. We reverse.

ORS 51.050(2) grants a defendant charged with a misdemeanor in a justice court the right to have the…