Voth v. Snake River Correctional Institution

Plaintiff appeals from the trial court’s order denying his motion for a waiver or deferral of fees in this civil action. See Stanwood v. Multnomah County, 135 Or App 58, 898 P2d 196 (1995).1 He assigns error to the trial judge’s failure to rule on a concurrently tendered motion to disqualify the trial judge. Plaintiff asserts, particularly, that it was error for the trial court to rule on the motion to waive or defer fees without first — or, indeed, ever — acting on the motion to disqualify. We vacate the court’s denial of the motion to waive or defer fees and remand for the trial court to…