State v. Vanornum

I agree with the court’s opinion in its entirety. I write separately to address an issue that the parties did not raise, but that nevertheless made a difference in the outcome *633of this case and could well make a difference in future cases. That issue concerns the nature of the Oregon Rules of Civil Procedure — specifically, whether they are statutes.

In brief, some are statutes, and some are not. It depends on whether they were affirmatively enacted into law by the legislature. ORS 1.735(1) provides that the Council on Court Procedures is authorized to promulgate rules of trial procedure and…