Chapter 1.12
RIGHT TO TRIAL BY JURY
Sections:
1.12.010 Right to trial by jury.
1.12.040 Trial jury drawn from jury list.
1.12.050 Method for drawing trial jury.
1.12.060 Method to eliminate name from jury list.
1.12.070 Peremptory challenges--Alternate jurors.
1.12.090 Compensation of jurors.
1.12.100 How jurors served--Fine for not attending.
1.12.120 Powers of municipal judge.
1.12.130 Costs and disbursements.
1.12.010 Right to trial by jury.
A. A person charged with an offense which carries a possibility of the imposition of a jail sentence, as defined and made punishable by the city Charter or an ordinance of the city, shall have the right to trial by jury.
B. The defendant must either give oral notice in open court or written notice of the request to the municipal judge or the clerk of the court within the time provided by municipal court rule.
C. Failure of the defendant to give written notice within the time provided shall constitute a waiver of the right to trial by jury. (Ord. 2508 §1, 1984: Ord. 1967 §1, 1971)
1.12.020 Jury list.
On January 1st of each year, the recorder shall prepare a jury list from the latest tax roll and registration books used at the last city election in the same manner in which jury lists are prepared for circuit courts, in accordance with ORS 221.349 and 10.110 to 10.160. (Ord. 2508 §2, 1984: Ord. 1967 §2, 1971)
1.12.030 Jury box.
The municipal judge or, under his direction, his clerk, shall keep a secured jury box. After the jury list has been made, the municipal judge shall prepare and deposit in such box separate ballots or slips containing the name, place of residence, and occupation of each person on the jury list. (Ord. 1597 §3, 1960)
1.12.040 Trial jury drawn from jury list.
When a jury is demanded in the municipal court, the jury shall be drawn and selected from the jury listed. (Ord. 1597 S4, 1960)
1.12.050 Method for drawing trial jury.
A. The jury shall be selected no later than fourteen days prior to the trial date set by the municipal court. Failure of the defendant or the defendant’s attorney to-appear on the date designated for the selection of the jury shall constitute a waiver of the right to trial by jury.
B. When a jury is selected, the municipal judge or, under his direction, his clerk, shall draw from the jury box, in the presence of the defendant or his attorney and in the presence of the city attorney, twelve ballots, or any greater number, if necessary, until the names of twelve persons who are deemed able to attend at the time and place required, are obtained. on motion of the defendant or his attorney, or on motion of the city attorney, or the court on its own motion, may direct that six additional names be drawn from the box from which alternates may be selected. (Ord. 1967 §3, 1971)
1.12.060 Method to eliminate name from jury list.
A. When it appears to the municipal judge, or under his direction, his clerk, that the person whose name is drawn is dead, or resides out of the city, the ballot shall be destroyed.
B. If it appears to the municipal judge, or under his direction, his clerk, or if there is good reason to believe that a person whose name is drawn is temporarily absent from the city, or is ill, or is so engaged as to be unable to attend at the time of the trial without great inconvenience, the ballot shall be laid aside, and the name not placed on the jury list for the trial for which the jury is being selected, but such ballot shall be returned to the jury box after the drawing is completed. (Ord. 1967 §4, 1971)
1.12.070 Peremptory challenges--Alternate jurors.
A. When the drawing is completed, from the twelve names drawn the defendant and the city will select the jury by each striking from the list three names, alternately, commencing with the defendant.
B. The six names remaining shall be summoned as jurors in the case.
C. In case either party does not exercise all his peremptory challenges, the jury may be summoned from among the names remaining.
D. When six names are drawn from the jury box as alternates, each party shall strike one of such names.
E. No peremptory challenges shall be allowed other than provided in this section.
F. No alternate juror shall be summoned to serve at the trial of the action when six principals are not available. (Ord. 1597 §7, 1960)
1.12.080 Verdicts.
All six of the jurors summoned to try a cause must concur to render a verdict. (Ord. 2508 §3, 1984: Ord. 1597 S8, 1960)
1.12.090 Compensation of jurors.
Jurors who appear at the trial and serve as jurors shall receive as compensation for such services, the sum of five dollars for each day of attendance upon the municipal court. (Ord. 1597 §10, 1960)
1.12.100 How jurors served--Fine for not attending.
When a jury is drawn, summons therefor shall be issued by the municipal judge; and the notices to the jurors shall be served by the chief of police either personally or by mail. Any person so notified failing to appear may be adjudged in contempt of court and fined a sum not to exceed one hundred dollars. (Ord. 2226 S2, 1977: Ord. 1597 §11, 1960)
1.12.110 Conduct of trials.
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 regarding the introduction or admission of evidence. (Ord. 1597 §12, 1960)
1.12.120 Powers of municipal judge.
A. 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.
B. The chief of police 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.
C. The municipal judge may hold any prospective juror who disregards the notice of jury duty in contempt of court and may punish the juror by a fine of not more than one hundred dollars or by imprisonment in the city jail for not more than fifty days, or both. (Ord. 1597 §13, 1960)
1.12.130 Costs and disbursements.
A. In all cases tried before a jury in the municipal court in which judgment is against the defendant, the municipal judge shall add the juror’s fees, the costs and disbursements to the fine, penalty or sentence imposed, in a sum not less than thirty dollars.
B. If the jury is requested by the defendant and if the jury members are present at the municipal court on the day set for trial, and the defendant then waives the right to trial by jury, the jurors’ fees will be assessed against the defendant regardless of the subsequent decision by the court of the defendant’s guilt or innocence. (Ord. 1967 §6, 1971)