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Where Do I Go for Court on a Salem DUII?
If you’ve been charged with DUII in Salem, Oregon, one of the first questions is which court your DUII case will be in. Salem DUII cases are handled by three different courts, depending on the arresting agency and the charges involved. This guide explains which Salem courts handle DUII cases, where each court is located, and what to expect at your first court date.
The three courts in Salem are: the Salem Municipal Court, the Marion County Circuit Court, and the Marion County Justice Court.
Each court will have its own procedures for charging practices, sentencing, plea negotiations, trials, and judges. Additionally, cases from the Salem Police Department almost always go to the Municipal Court, while other agencies forward them to the Marion County Circuit Court. Our attorneys appear regularly in all three courts.
The Salem Municipal Court is operated by the City of Salem and is currently located at 2850 Broadway St. NE, Salem, OR 97301. This is a temporary location while renovations are underway at the City Center, 555 Liberty St. SE, Salem, OR 97301.
The Salem Municipal Court receives new cases only from the Salem Police Department. Other law enforcement agencies operating in Salem, like the Marion County Sheriff’s Office and the Oregon State Police, refer their cases to the Marion County Circuit Court.
Cases referred to the Salem Municipal Court include many misdemeanor-level crimes and traffic citations, all of which were investigated by the Salem Police Department. Common misdemeanor offenses in the Municipal Court are DUII, Reckless Driving, Recklessly Endangering Another Person, Assault in the Fourth Degree (related to a traffic accident), Criminal Mischief in the Second Degree, Failure to Perform the Duties of a Driver Where Property is Damaged (Property Hit-and-Run), and Driving While Suspended (Misdemeanor). The court also handles City of Salem parking tickets, speeding tickets, red-light cameras, and other violation-level offenses.
The Salem Municipal Court does not handle domestic violence misdemeanors or felony-level criminal offenses. Those types of cases will go to the Marion County Circuit Court (discussed below).
The Salem Municipal Court has one elected judge and a few pro-tem judges. Pro-tem judges are often part-time, while the elected judge works full-time. City attorneys for the City of Salem prosecute these cases.
Arraignments. The Municipal Court has multiple dockets, but arraignments (first appearances) on DUII cases are typically scheduled for 1:00 PM, regardless of the person’s custody status. Always double-check your citation for your date and time.
The Marion County Circuit Court is operated by the Oregon Judicial Department and is part of the Third Judicial District. It has two locations: The Marion County Circuit Court Annex at 4000 Aumsville Highway SE, Salem, OR 97317 (called “The Annex”), and 100 High Street NE, Salem, OR 97301 (“Main Courthouse”). New cases are cited to appear at the Annex for arraignments, while civil cases and criminal cases assigned to a judge for trial are held at the Main Courthouse.
The Marion County Circuit Court receives new cases from every law enforcement agency in Marion County, including the Oregon State Police, Marion County Sheriff’s Office (MCSO), Salem Police, Keizer Police, Woodburn Police, Silverton Police, Aumsville Police, Stayton Police, Turner Police, Mt. Angel Police, and Gervais Police.
The Marion County Circuit Court handles every level of offense, from speeding tickets to murder. While some misdemeanor DUII cases can be handled by a Municipal Court, only the Circuit Court has jurisdiction over felony-level DUII charges and other felony cases.
The Marion County Circuit Court has 15 elected judges and 4 pro-tem judges. All judges work full-time in their positions. Criminal cases filed in the Marion County Circuit Court are typically prosecuted by the Marion County District Attorney’s Office.
Arraignments. The Annex holds arraignments on all new criminal cases. Out-of-custody arraignments are at 9:00 AM every day of the week (even though the citation will often say 8:30 AM). In-custody arraignments are held at 2:30 PM (but the court occasionally starts that docket early, especially on Fridays and the day before a holiday). Always double-check your citation for your date and time.
The Marion County Justice Court is operated by Marion County and is located at 4660 Portland Rd. NE Unit 107, Salem, OR 97305.
While the Marion County Justice Court does not handle DUII cases, it will receive traffic citations related to a DUII arrest issued by the Oregon State Police or the Marion County Sheriff’s Office.
The Oregon State Police and the Marion County Sheriff’s Office often issue a DUII citation to the Circuit Court and issue traffic citations, like speeding, failure to maintain a lane, careless driving, or refusal of a breath test related to the DUII incident, to the Marion County Justice Court. This has led some clients without an attorney to miss a court date because the citations, while appearing similar, may be for two different courts on two different days.
Many people miss court because DUII cases and related traffic tickets may be scheduled in different courts on different days.
The Marion County Justice Court has a single elected judge (Justice of the Peace). That is currently Justin E. Kidd. The Marion County Justice Court rarely has a prosecutor handling the cases. Often, negotiations or trial preparation are handled exclusively by the citing officer.
The Justice Court has multiple dockets, typically split between the arraignment and trial dockets. There are typically fewer “status check” hearings in violation-level cases than in criminal cases, so there are fewer dockets.
Marcus A. Gunn, Salem DUII Attorney
1. Where do I go for my DUII case?
A: Your citation will have the address for the courthouse you need to go to for your case. Learn how to read your DUII citation here.
2. What time should I arrive for court on my DUII case?
A: Always arrive early to court. If you hired an attorney before the court, you can finish your court hearing sooner than others who applied for a court-appointed attorney. If you did not hire an attorney, you will get into the courtroom sooner after completing the court-appointed attorney application paperwork.
3. Do I need a Salem DUII lawyer before my first court date?
It depends. If you want an attorney to handle both the DMV and court processes, yes. If you intend to apply for (and believe you will qualify for ) a public defender/court-appointed attorney, no. Court-appointed attorneys will not handle your DMV hearing.
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