Chapter 1.20
JURY TRIALS
Sections:
1.20.010 Right to trial by jury.
1.20.060 Selection of the trial jury.
1.20.100 Powers of the municipal judge.
1.20.110 Costs and disbursements.
1.20.010 Right to trial by jury.
Every person charged with any offense defined and made punishable by the Junction City charter or any ordinance of the city of Junction City shall only have the right to trial by jury:
A. If such violation of the charter or ordinance is punishable by imprisonment; or
B. If such violation of the charter or ordinance subjects the defendant to a fine of at least $1,000; or
C. If such violation of the charter or ordinance would constitute a violation of a statute of the state of Oregon, which is not materially different in its proscription or penalty from the applicable charter or ordinance of the city of Junction City, and the violation of such statute would entitle the defendant to a trial by jury under the statutes and/or constitution of the state of Oregon; and
D. If the party requesting the trial by jury has given written notice to the municipal judge at least six days, excluding Sundays and legal holidays, prior to the trial date set by the municipal court. [Ord. 772 § 1, 1979; Ord. 608 § 1, 1972; Ord. 369 § 1, 1959.]
1.20.020 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. 369 § 2, 1959.]
1.20.030 Term of court.
The term of municipal court shall be for a period of 12 months, beginning on July 1st of each year following passage of the ordinance codified in this chapter. [Ord. 814 § 1, 1981; Ord. 369 § 3, 1959.]
1.20.040 Jury list.
Upon passage of the ordinance codified in this chapter, and on January 1st thereafter, beginning on January 1, 1978, the court clerk shall prepare a preliminary jury list, by lot, of 60 names of persons taken from the latest tax roll and registration books used at the last city election. The court clerk, in preparing the preliminary jury list, shall place thereon only those names of persons who are known or believed to be possessed of the qualifications prescribed in ORS 10.030 and not entitled to exemption as provided in ORS 10.040. [Ord. 694 § 1, 1977; Ord. 369 § 4, 1959.]
1.20.050 Jury panels.
The jury panel for each trial shall be selected at least seven days prior to the trial day, and the court clerk shall select 15 names of persons, by lot, from the preliminary jury list, to serve as a jury panel until the fourth panel is selected. No person shall be required to serve more than one term during any calendar year. The jury panel shall be selected by the court clerk. No challenge shall be made or allowed to the panel, and substantial compliance with this chapter for selecting the panel shall be sufficient. [Ord. 694 § 1, 1977; Ord. 369 § 5, 1959.]
1.20.060 Selection of the trial jury.
The time and place of the selection of the jury shall be designated by the court. The court clerk shall then select, by lot, six names of persons from the jury panel. Each party may take two peremptory challenges of the prospective jurors. The order of challenges 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. Additional names shall be selected, by lot, to replace those jurors challenged. [Ord. 694 § 1, 1977; Ord. 369 § 6, 1959.]
1.20.070 Conduct of trials.
Trials shall be conducted as trials in justice courts and the rules of evidence 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. 369 § 7, 1959.]
1.20.080 Verdicts.
All jurors sworn to try the cause must concur to render a verdict. [Ord. 772 § 2, 1979; Ord. 369 § 8, 1959.]
1.20.090 Payment of jurors.
Those jurors notified and who appear at trial shall receive compensation from the city in the amount of $10.00 for each day of attendance upon the municipal court if they are chosen to hear the case, and $5.00 for all other jurors. [Ord. 772 § 3, 1979; Ord. 694 § 1, 1972; Ord. 369 § 10, 1959.]
1.20.100 Powers of the 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 of Junction City. The chief of police shall assist the judge in the serving of subpoenas, notices 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 and may punish said juror by a fine of not more than $100.00 or by imprisonment in the city jail for not more than 50 days, or both. [Ord. 369 § 11, 1959.]
1.20.110 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. 772 § 4, 1979; Ord. 608 § 3, 1972; Ord. 532 § 1, 1967.]