Oregon Revised Statutes Chapter 132 § 132.270 — Release and use of recording, transcript, notes or report; protective orders;

Release and use of recording, transcript, notes or report; protective orders; fees. (1) Audio recordings and the notes or report of a shorthand reporter produced pursuant to ORS 132.250 and 132.260 are confidential and may not be released except as described in this section. (2) When an indictment resulting from grand jury proceedings is indorsed “a true bill,” the audio recording or the notes or report of a shorthand reporter of the grand jury proceedings may be released only in the following manner: (a) The prosecuting attorney may access a copy of the audio recording or the notes or report of a shorthand reporter at any time. (b) When the defendant has been arraigned on the indictment and is represented by an attorney, the prosecuting attorney shall make an expedited determination on whether to file a motion for a protective order under subsection (4)(a)(A) of this section, including whether to file an order on behalf of a victim or witness. If the prosecuting attorney decides not to file a motion for a protective order and the decision is made within 10 days after the arraignment on the indictment, the prosecuting attorney shall file a certification of the decision with the court and shall immediately provide a copy of the audio recordings, or the notes or report of a shorthand reporter, to the defense attorney. If the prosecuting attorney has not filed a certification under this paragraph within 10 days after the arraignment, or decides to file a motion for a protective order, the prosecuting attorney shall: (A) Provide a copy to the defense attorney of all audio recordings, or the notes or report of a shorthand reporter, related to an indictment after 10 days have passed since the defendant’s arraignment on the indictment, if a motion described in subsection (4) of this section has not been filed; or (B) Provide a copy of the audio recordings, or the notes or report of a shorthand reporter, to the defense attorney in accordance with the court’s ruling on the motion described in subsection (4) of this section, if a motion has been filed. (c) Unless the court orders otherwise for good cause shown, the prosecuting attorney and the defense attorney may not copy, disseminate or republish the audio recording, the notes or report of a shorthand reporter, or a transcript prepared from the audio recording, notes or report, released pursuant to this subsection, except to provide a copy to an agent of the prosecuting attorney or defense attorney for the limited purpose of case preparation. Unless a court orders otherwise for good cause shown, in consulting with the defendant the defense attorney may not disclose to the defendant: (A) Any personal identifiers of a victim, witness or grand juror obtained from the audio recording, report, notes or transcript; or (B) Any portion of the audio recording, report, notes or transcript that contains any personal identifiers of a victim, witness or grand juror. (d) The defense attorney may not provide a copy of the audio recording, notes or report, or a transcript prepared from the audio recording, notes or report, to the defendant. (e) When the defendant has been arraigned but is not represented by an attorney, the defendant may request by motion that the court issue an order allowing the defendant access to review the contents of the audio recording or the notes or report of the shorthand reporter. A copy of the motion must be provided to the prosecuting attorney. The prosecuting attorney may request a hearing on the motion within 10 days after receiving a copy. At the hearing, or in response to receiving the motion, the court shall appoint counsel for the defendant for the limited purpose of reviewing the audio recording, notes or report and may set reasonable conditions on the review of the audio recording, notes or report. (3)(a) When a grand jury inquires into the conduct of a public servant as defined in ORS 162.005 for acts occurring in the performance of the public servant’s duties, and an indictment resulting from the grand jury proceedings is indorsed “not a true bill”: (A) The public servant or the prosecuting attorney may file a motion requesting a court order releasing all or a portion of a transcript of the grand jury proceedings. A copy of the motion must be served on the opposing party. In deciding whether to issue such an order, the court shall determine whether the public interest in disclosure outweighs the interest in maintaining the secrecy of the grand jury proceedings. If the court orders disclosure, the court may set reasonable conditions on copying, disseminating or republishing the transcript. (B) A member of the public may file a motion requesting a court order for production and release of a transcript of the grand jury proceedings. A copy of the motion must be served on the prosecuting attorney and the public servant’s attorney, or the public servant if the public servant is no