My question involves a traffic ticket from the state of: Oregon
Discovery for traffic citations in Oregon is codified in ORS 153.076(3) and ORS 135.815. The former simply says that rules of discovery apply to violations and the actual rules are spelled out in the latter. In the rules of discovery, it states that "the district attorney shall disclose..." (emphasis added), and then goes on to list the normal discovery items we would expect.
Portland City police, pursuant to Portland City Code 3.20.360, have established fees for providing Officer notebook entries, written statements, officer training records, SMD maintenance records, and SMD calibration certificates among other fees for other documents. In addition, requests and payment are to be made to the "Portland Police Traffic Discovery Desk, attn Tom Larson", not the DA.
This doesn't seem right. ORS 135.815 says "Shall", which is a very specific word in the legal world, and given that there are no caveats or mentions of fees it seems that a city may not establish a fee system. The city is supporting their fees with ORS 192.440(3) (I actually think they mean paragraph 4 here). But it seems that this statute is for normal FOIA requests and is overridden by the very specific discovery request statute.
Fees include: Officer training records: $10, SMD maint records: $8.50, SMD Calibration Certificate: $8.50. While there are fees for providing officer notes ($8.50), there is no mention of the officer's sworn statement.
Any thoughts? I have scans of the pages the clerk give out with all of the fees and instructions, but I'm not allowed to upload attachments. I'll get them attached as soon as I get that feature enabled.