Chapter 1.10
TRIAL BY JURY
Sections:
1.10.010 Right of trial by jury.
1.10.090 Costs and disbursements.
1.10.100 Notice – Contempt of court.
1.10.010 Right of trial by jury.
Every person charged with an offense defined and made punishable by the city Charter or an ordinance of the city of Hubbard shall have the right to trial by jury when the alleged offense is the same as those offenses which entitle a person to trial by jury as guaranteed by the Constitution of the state of Oregon. A jury may be demanded upon notice to the adverse party and written application to the clerk of the court not later than 10 days before trial. Written application by the defendant for a jury trial shall be accompanied by a jury fee in the sum of $30.00, which sum may be waived at the discretion of the municipal judge upon a showing of indigency by the defendant, and which sum shall be refunded to the defendant if charges are dismissed or the defendant is acquitted. (Ord. 1981-17 § 1, 1981)
1.10.020 Number of jurors.
The jury shall consist of six persons duly sworn to try the cause for which they are called, and the jurors shall be selected as hereinafter provided. (Ord. 1981-17 § 2, 1981)
1.10.030 Jury list.
Upon passage of the ordinance codified in this chapter, and on the first Monday of each January and July thereafter, the city administrator or designee or mayor or court clerk, at the request of the municipal judge, shall prepare a jury list consisting of 50 names of persons taken from the registration books used at the last city election. Names drawn of persons known or believed to be disqualified as jurors, or who are exempt from jury duty under the provisions of the law of Oregon, or who are believed to be unavailable, shall be discarded. The jury list, when completed, shall contain the first and surname and place of residence of each person named therein. A card shall be prepared separately for each juror, and the cards shall be kept in a secured jury box. (Ord. 1981-17 § 3, 1981)
1.10.040 Jury panel.
When a jury panel is selected, the municipal judge or, under his direction, the court clerk shall draw from the jury box 15 ballots, or any greater number, if necessary, until 15 persons who are deemed able to attend at the time and place required are obtained. The jury panel shall be selected at least seven days prior to the trial day. No person shall be required to serve more than one term during any calendar year. (Ord. 1981-17 § 4, 1981)
1.10.050 Trial jury.
The time and place of the selection of the jury shall be designated by the court. The court clerk, under the direction of the municipal judge, shall select six names of persons from the previously selected jury panel. Each party may take three peremptory challenges of the prospective jurors. The order of challenge shall be that the defendant or his attorney may challenge one and then the city attorney may challenge one, and then the defendant or his attorney may again challenge one, and then the city attorney may challenge one, and the defendant or his attorney may again challenge one, and then the city attorney may challenge one. Additional names shall be selected from the jury panel to replace those jurors challenged. (Ord. 1981-17 § 5, 1981)
1.10.060 Trial procedure.
Trials shall be conducted as trials in justice courts, and the rules shall be the same as in the state courts and shall include applicable statutes of the state of Oregon regarding the introduction or admission of evidence. (Ord. 1981-17 § 6, 1981)
1.10.070 Verdicts.
The six jurors sworn to try the cause must concur to render a verdict. (Ord. 1981-17 § 7, 1981)
1.10.080 Compensation.
Jurors who appear at the trial and are chosen to hear the case shall receive as compensation for such service the sum of $5.00 for each day of attendance upon the municipal court. (Ord. 1981-17 § 8, 1981)
1.10.090 Costs and disbursements.
In all cases tried before the municipal court, both with a jury and without a jury, the judge shall add the costs and disbursements to the fine, penalty or sentence imposed, in a sum not less than $5.00. (Ord. 1981-17 § 9, 1981)
1.10.100 Notice – Contempt of court.
When a jury panel 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 or his designate. Any person notified to appear as a juror and disregarding such notice may be adjudged in contempt of court by the municipal judge and may be fined a sum not exceeding $25.00. (Ord. 1981-17 § 10, 1981)