Chapter 2.16
COURT AND JURY TRIALS
Sections:
2.16.010 Right to trial by jury.
2.16.060 Selection of the trial jury.
2.16.095 Payment of witnesses.
2.16.100 Costs and disbursements.
2.16.110 Powers of the municipal judge.
*Prior history:
2.16.050 History: Ord. 606 §5, 1959; Ord. 806, 1973; Ord. 926 §1, 1978; Ord. 1014 §1, 1982; Ord. 1430 §1, 2011; Repealed by Ord. 1487 §1, 2018.
2.16.010 Right to trial by jury.
(1) Every person charged with any crime defined and made punishable by the City Charter, the Oregon Revised Statutes, this code or any ordinance of the city shall have the right to trial by jury only if the penalty, provided upon conviction for said offense, is incarceration. If the maximum penalty upon conviction for an offense is a monetary fine, then persons charged with such offenses shall not be entitled to a jury trial.
(2) Request for a jury trial must be given to the court clerk in writing at least 45 days prior to the trial date.
Statutory Reference: ORS 161.515, 221.354.
History: Ord. 606 §1, 1959; Ord. 785, 1970; Ord. 1278 §1, 1998; Ord. 1430 §1, 2011.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
2.16.020 Number of jurors.
The jury shall consist of six persons, duly sworn to try the cause for which they are called. The jurors shall be selected as provided in this chapter.
Statutory Reference: ORS 136.260, 221.354.
History: Ord. 606 §2, 1959; Ord. 1430 §1, 2011.
2.16.030 Term of court.
The terms of municipal court shall be for a period of one year, beginning on January 1st of each year.
Statutory Reference: ORS 1.055.
History: Ord. 606 §3, 1959; Ord. 1430 §1, 2011.
2.16.040 Master jury list.
At least 45 days prior to the beginning of the term of the court, the court clerk shall prepare a preliminary jury list, by lot, of not less than 1,000 nor more than 1,200 names of persons residing in Gladstone. The source of the list shall be the records maintained by the Department of Transportation, Driver and Motor Vehicle Services and the latest tax roll and registration books used in the last city election. The clerk, in preparing the preliminary list, shall place thereon only those names of persons known or believed to be possessed of the qualifications prescribed in Oregon Revised Statutes 10.030 and not entitled to exceptions as provided in Oregon Revised Statutes 10.040.
Statutory Reference: ORS Ch. 10.215, 221.354.
History: Ord. 606 §4, 1959; Ord. 1132 §1, 1990; Ord. 1278 §2, 1998; Ord. 1430 §1, 2011.
[Ed. Note: The publication(s) referred to or incorporated by reference in this ordinance are available from the office of the City Recorder.]
2.16.060 Selection of the trial jury.
(1) At least 30 days prior to the trial date the court clerk shall randomly select 25 persons from the jury panel. The court clerk shall then summon those 25 prospective jurors to appear on the scheduled trial date.
(2) On the trial date the trial jury shall be selected in accordance with ORS 136.210 through 136.280.
Statutory Reference: ORS 136.230, 136.260.
History: Ord. 606 §6, 1959; Ord. 1430 §1, 2011; Ord. 1487 §1, 2018.
2.16.070 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.
Statutory Reference: ORS 1.025.
History: Ord. 606 §7, 1959; Ord. 1430 §1, 2011.
2.16.080 Verdicts.
All six jurors sworn to try the cause must concur to render a verdict.
Statutory Reference: ORS 221.354.
History: Ord. 606 §8, 1959; Ord. 817, 1973; Ord. 1430 §1, 2011.
2.16.090 Payment of jurors.
Those jurors notified and who appear at trial shall receive compensation from the City in the amount specified in ORS 10.061 for each day of attendance. In addition, jurors will be paid in the amount specified for mileage in ORS 10.065 for each mile traveled to and from the courthouse from their usual place of abode, on each day of attendance.
Statutory Reference: ORS 10.061 to 10.065.
History: Ord. 606 §10, 1959; Ord. 1132 §2, 1990; Ord. 1430 §1, 2011.
2.16.095 Payment of witnesses.
All witnesses summoned on behalf of the prosecution in criminal cases shall receive compensation in the same amount as jurors per day of attendance, plus mileage reimbursement in the same amount as jurors for each mile traveled to and from the courthouse from their usual place of abode, on each day of attendance.
Statutory Reference: ORS 136.602, 136.603.
History: Ord. 1132 §3, 1990; Ord. 1430 §1, 2011.
2.16.100 Costs and disbursements.
(1) The deposit, if any, required by the municipal court to ensure the right of trial by jury, under the Charter of the city, shall not be greater than that provided by ORS 10.061 in courts other than circuit courts for payment for each juror sworn multiplied by the number of jurors constituting a jury under the terms of the Charter.
(2) If the defendant is found not guilty, the deposit shall be returned.
(3) The judge may assess costs for a jury trial to a convicted defendant, besides any fine levied.
Statutory Reference: ORS 221.354, 10.061.
History: Ord. 606 §12, 1959; Ord. 1430 §1, 2011.
2.16.110 Powers of the municipal judge.
(1) The municipal judge within the jurisdictional limits of the City of Gladstone shall have all inherent and statutory powers granted a justice of the peace in misdemeanor and violation matters.
(2) The municipal judge may hold a juror who disregards the notice of jury duty in contempt of court and may sentence the juror pursuant to ORS 33.105.
Statutory Reference: 2022 Gladstone City Charter §35; ORS 1.210 to 1.305.
History: Ord. 606 §11, 1959; Ord. 1430 §1, 2011; Ord. 1514 §1 (Exh. A), 2022.