Chapter 2.55
Municipal Court
Sections:
2.55.010 Municipal Court – Time and place.
2.55.050 Right of trial by jury.
2.55.060 Jurors – Qualifications.
2.55.080 Jury service requirement.
2.55.100 Jury – Failure to appear – Fine.
2.55.130 Municipal Court costs.
2.55.010 Municipal Court – Time and place.
There is hereby created the Brownsville Municipal Court which shall be conducted at City Hall, 255 North Main Street, Brownsville, Oregon. The Municipal Judge shall hold court within the City and shall transact judicial business on the second Tuesday of each month, commencing at 9:30 a.m., except as the Municipal Judge may otherwise specify as necessary for the orderly business of the Municipal Court. [Ord. 628 § 1, 1994; Ord. 602 § 1, 1990; 1981 Compilation § 1-2.1.]
2.55.020 Municipal Judge.
A. Appointment. The Municipal Judge’s term of appointment shall be one year and the compensation shall be set by the Council in the adoption of the municipal budget or by contract, whichever last occurred.
B. Requirements. Any person appointed as Municipal Judge may, but need not, be an active member of the Oregon State Bar.
C. Powers of Judge. Subject to the Brownsville Charter of 1981 the Municipal Judge shall have all inherent and statutory powers and duties of a Justice of the Peace within the jurisdictional limits of the City. Peace officers designated by the City Recorder shall assist the Judge in the serving of subpoenas, notice of jury duty, and such other orders of the Court necessary for the proper conduct thereof. The Municipal Judge may hold any prospective juror who disregards the notice of jury duty in contempt of court. [Ord. 602 § 2, 1990; 1981 Compilation § 1-2.2.]
2.55.030 Judges Pro Tempore.
A. Appointment. The Council may appoint Municipal Judges Pro Tempore to serve in the absence of the Municipal Judge. All such appointments shall be in writing and shall specify the dates and duration of such appointment; provided, that the duration shall not exceed the remaining portion of the term of the Municipal Judge.
B. Requirements. Any person appointed as Municipal Judge Pro Tempore may, but need not, be an active member of the Oregon State Bar. [Ord. 602 § 3, 1990; 1981 Compilation § 1-2.3.]
2.55.040 Trial jury defined.
A “trial jury,” in the Municipal Court of the City, shall consist of six persons sworn to try the cause for which they are called, selected and drawn as provided in this chapter. [Ord. 602 § 4, 1990; 1981 Compilation § 1-2.4.]
2.55.050 Right of trial by jury.
Every person charged with any offense defined and made punishable by incarceration by the City Charter or any ordinance of the City shall have the right to trial by jury unless waived in writing. [Ord. 602 § 5, 1990; 1981 Compilation § 1-2.5.]
2.55.060 Jurors – Qualifications.
The qualifications of all prospective jurors for the Municipal Court shall be the same qualifications as prescribed in ORS 10.030, and in addition, must be an inhabitant of the City at the time he/she is summoned. [Ord. 602 § 6, 1990; 1981 Compilation § 1-2.6.]
2.55.070 Jurors – List.
A. The Court Clerk shall prepare or cause to be prepared a preliminary jury list. The sources of this list may be the most recent list of electors of the City, the records furnished by the Oregon Motor Vehicles Division, the tax roll compiled most recently, or any other source or sources which in the judgment of the Municipal Judge meet constitutional and statutory standards. The list may include all or a random selection of potential jurors from the sources selected. A random selection may be made by manual or electronic means.
B. The Court Clerk shall prepare or cause to be prepared a jury list from the preliminary jury list. The number of names to be placed on the jury list shall be determined by the Municipal Judge. The jury list may include all or a random selection of the qualified persons on the preliminary list. A random selection may be made by manual or electronic means.
C. As needed for a scheduled jury trial, and as directed by the Municipal Judge, the Court Clerk shall select and notify jurors on the jury list to serve in a scheduled jury trial. Such selection shall be made on a random basis by manual or electronic means.
D. In the event a juror is excused by the Municipal Judge from jury service for the trial for which the juror was selected, that juror may be placed back on the jury list, or may, in the discretion of the Municipal Judge, be directed to serve in any subsequent trial during the calendar year.
E. The Court Clerk shall retain as Municipal Court records the preliminary jury list, the jury list and the selected jurors for each trial.
F. In the event random selections are made manually, the Court Clerk shall make such selection under supervision of at least two City officials, which may include the Municipal Judge, City Recorder or other City official or employee, who shall assist in such selection and certify that such selection was made on a random basis. [Ord. 602 § 7, 1990; 1981 Compilation § 1-2.7.]
2.55.080 Jury service requirement.
No juror shall be required to serve in more than one trial in any one year, and upon request may be excused from any subsequent jury duty for a period of three years from and after the trial in which he has served. [Ord. 602 § 8, 1990; 1981 Compilation § 1-2.8.]
2.55.090 Jury notice.
A. The Municipal Judge shall direct the Court Clerk to summon the jurors for jury duty by giving to each of them written notice by mail or by personal service under Oregon Rules of Civil Procedure (ORCP) 7D. The notice shall state the juror is required to appear in the Municipal Court at the time and place stated in the notice to serve as a trial juror, and provide such other information as the Court Clerk deems necessary. The written notice need be given only a reasonable time before the day upon which the juror is required to attend. The Court Clerk or person making personal service of the notice shall file a verified certificate of such mailing or service with the Court Clerk.
B. Notwithstanding the notice requirements of subsection (A) of this section, if at the time of trial, there are insufficient jurors to complete the jury, the Municipal Judge may order a peace officer to bring before the judge such persons who qualify as jurors where the judge may order their participation as a juror in the trial before the Court. [Ord. 602 § 9, 1990; 1981 Compilation § 1-2.9.]
2.55.100 Jury – Failure to appear – Fine.
If a person duly noticed to attend the Municipal Court as a juror fails to attend as required or to give a valid excuse therefor, the juror may be summarily fined by the judge in an amount not to exceed $50.00. [Ord. 602 § 10, 1990; 1981 Compilation § 1-2.10.]
2.55.110 Jury – Compensation.
Jurors shall be compensated as provided in state law for justice court jurors. [Ord. 602 § 11, 1990; 1981 Compilation § 1-2.11.]
2.55.120 Conduct of trials.
A. Conduct. Trials shall be conducted as trials in justice courts and the rules of evidence shall be the same as in state courts and shall include applicable statutes of the state of Oregon regarding the introduction or admission of evidence.
B. Verdicts. All of the six jurors sworn to try the cause must concur to render a verdict. [Ord. 602 § 12, 1990; 1981 Compilation § 1-2.12.]
2.55.130 Municipal Court costs.
A. Jury Trial. If jurors are selected and notified under BMC 2.55.070(C), and the defendant is convicted of an offense made punishable by incarceration, the Municipal Judge may order the defendant to pay the jury trial costs along with other costs allowed by state law and City ordinance.
B. Return and Forfeiture. If bail is forfeited, court costs shall be forfeited. If bail is returned, the court costs made thereon shall also be returned.
C. Use of Funds. The funds collected pursuant to this chapter shall be deposited in the general fund. [Ord. 602 § 13, 1990; 1981 Compilation § 1-2.13.]