Chapter 1.10
JURY TRIALS
Sections:
1.10.010 Right to trial by jury – Deposit of jury fee.
1.10.040 Trial jury drawn from jury list.
1.10.050 Method of drawing trial jury.
1.10.060 Method to eliminate name from jury list.
1.10.070 Peremptory challenges – Alternate jurors.
1.10.100 Compensation of jurors.
1.10.110 Notice – Contempt of court.
1.10.130 Authority of municipal judge.
1.10.140 Costs and disbursements.
1.10.010 Right to trial by jury – Deposit of jury fee.
A person charged with an offense defined and made punishable by the City Charter or any ordinance of the city shall have the right to trial by jury on giving notice to the municipal judge in writing, together with the deposit of a $30.00 jury fee at least three days, excluding Sundays and legal holidays, prior to the trial date set by the municipal court. If the defendant is indigent, the jury fee deposit is not required. [Ord. 266 § 1, 1982; Ord. 142 § 1, 1960].
1.10.020 Jury list.
A. Immediately on the effective date of the ordinance codified in this chapter and on the first Monday in January of each year thereafter, a jury list shall be made from the persons in the city competent under the laws of Oregon to serve as jurors in a circuit court, who shall serve as jurors in the municipal court until a new list is selected. The jury list shall be made and selected by lot in the same manner in which juries are selected for the circuit court, and the list shall contain the names of 100 qualified persons.
B. If for any reason making a jury list is omitted on the first Monday of January, it may be done on the first Monday of any month following, to serve until the close of the year, and until another list is made.
C. The municipal judge is authorized to make the jury list. The municipal judge may request two persons qualified to serve as jurors to aid in making the list.
D. In preparing the jury list, names drawn of persons known or believed to be disqualified as jurors, who are exempt from jury duty under the provisions of the laws of Oregon, or who are believed to be unavailable, shall be discarded.
E. The jury list shall contain the first and surname, and the place of residence of each person named and shall be certified by the municipal judge at the time the list is prepared. [Ord. 266 § 2, 1982; Ord. 142 § 2, 1960].
1.10.030 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. 142 § 3, 1960].
1.10.040 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. 142 § 4, 1960].
1.10.050 Method of drawing trial jury.
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, 12 ballots, or any greater number, if necessary, until the names of 12 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. 142 § 5, 1960].
1.10.060 Method to eliminate name from jury list.
When it appears to the municipal judge that the person whose name is drawn is dead or resides out of the city, the ballot shall be destroyed. If it appears to the municipal judge, or he has 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, 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. 142 § 6, 1960].
1.10.070 Peremptory challenges – Alternate jurors.
When the drawing is completed, from the 12 names drawn, the defendant and the city will select the jury by each striking from the list three names, alternately, commencing with the defendant. The six names remaining shall be summoned as jurors in the case. In case either party does not exercise all his peremptory challenges, the jury may be summoned from among the names remaining. When six names are drawn from the jury box as alternates, each party shall strike one of such names. No peremptory challenges shall be allowed other than in this section provided. No alternate juror shall be summoned to serve at the trial of the action except when six principals are not available. [Ord. 142 § 7, 1960].
1.10.080 Verdicts.
All six of the jurors summoned to try a cause must concur to render a verdict. [Ord. 266 § 3, 1982; Ord. 142 § 8, 1960].
1.10.090 Return jury fee.
In case the defendant is acquitted by the jury, the jury fee deposited by him shall be refunded. [Ord. 142 § 9, 1960].
1.10.100 Compensation of jurors.
Jurors who appear at the trial and serve as jurors shall receive as compensation for such services the sum of $5.00 per each day of attendance upon the municipal court. [Ord. 142 § 10, 1960].
1.10.110 Notice – Contempt of court.
When a jury is drawn, summonses shall be issued by the municipal judge and the notices to the jurors shall be served by the sheriff. A person notified to appear as a juror who disregards the notice may be adjudged in contempt of court by the municipal judge and fined a sum not exceeding $25.00. [Ord. 266 § 4, 1982; Ord. 142 § 11, 1960].
1.10.120 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 of Oregon regarding the introduction or admission of evidence. [Ord. 142 § 12, 1960].
1.10.130 Authority of municipal judge.
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. The sheriff shall assist the judge in the serving of subpoenas, notices of jury duty, and such other orders of the court necessary for its proper conduct. The municipal judge may hold any prospective juror who disregards the notice of jury duty in contempt of court and may punish the juror as provided in CMC 1.10.110. [Ord. 266 § 5, 1982; Ord. 142 § 13, 1960].
1.10.140 Costs and disbursements.
In all cases tried before a jury in the municipal court the municipal judge shall add the costs and disbursements to the fine, penalty or sentence imposed, in a sum not less than $5.00. [Ord. 142 § 14, 1960].