Chapter 2.40
MUNICIPAL COURT
Sections:
2.40.005 Code of judicial conduct.
2.40.010 Right to trial by jury.
2.40.030 Notice of request for jury trial – Waiver – Exceptions.
2.40.040 Jury list – Preparation – Eligibility and term of prospective jurors.
2.40.060 Jury list – Certification.
2.40.070 Jury list – Selection of additional names.
2.40.080 Jury selection – Use of jury box.
2.40.090 Jury selection from jury list.
2.40.100 Veniremen – Time of selection.
2.40.110 Veniremen – Selection – Presence of defendant.
2.40.120 Veniremen – Selection procedure – Peremptory challenges.
2.40.130 Veniremen – Selection of alternates.
2.40.140 Veniremen – Selection of name of unavailable or unqualified person – Procedure.
2.40.150 Summons of veniremen – Duty to obey.
2.40.160 Venire panel – Notice to defendant.
2.40.170 Empaneling of jury – Challenges for cause.
2.40.180 Procedure when less than six veniremen remain after voir dire.
2.40.190 Jury verdict to be unanimous.
2.40.200 Compensation of jurors and veniremen.
2.40.210 Costs and disbursements.
2.40.220 Warrant service charge.
2.40.005 Code of judicial conduct.
A. Except as modified in subsection (B) of this section, the conduct of the municipal court judge shall be governed by the rules set forth in the Oregon Code of Judicial Conduct (OCJC) December 1, 2013 Edition, attached to the ordinance codified in this section as Exhibit A and made a part hereof by this reference.
B. The OCJC as adopted by reference is modified to remove Rule 6 (Advisory Opinions) and to remove Rule 1.2.D. (exclusion of municipal judges). In addition, Rule 1.2.C. is modified to add municipal court judges to the list of judges exempt from rules identified therein. (Ord. 2016-03 § 1)
2.40.010 Right to trial by jury.
Any person accused of an offense defined and made punishable by the Lincoln City Charter, any provision of this chapter, or any other ordinance of the city shall have the right of trial by jury in the municipal court, where the penalty portion of said offense includes the possibility of a jail sentence, and only when such a penalty is involved, except where such person is held to answer for contempt of court. (Ord. 263 § 1, 1976)
2.40.020 Number of jurors.
The jury shall consist of six persons selected and empaneled as provided in LCMC 2.40.040 through 2.40.140. (Ord. 263 § 2, 1976)
2.40.030 Notice of request for jury trial – Waiver – Exceptions.
A. The defendant or his attorney shall request a trial by jury in writing or in open court not more than 10 days from the date of entry of the defendant’s plea to the complaint by which he is charged.
B. The right to trial by jury shall be deemed waived if the defendant fails to comply with the provisions of subsection (A) of this section, and the municipal judge shall, after the time provided for such notice of desire for jury trial has passed with no such notice being given, set the cause for trial without jury.
C. Notwithstanding the provisions of subsection (B) of this section, the municipal judge may, upon good cause shown and in the interests of justice, set a cause down for trial by jury upon request of the defendant made within the time in which a jury may be selected as provided in LCMC 2.40.120. (Ord. 263 § 3, 1976)
2.40.040 Jury list – Preparation – Eligibility and term of prospective jurors.
A. Except as provided in LCMC 2.40.070, a jury list shall be prepared and certified once each year on the last day of June, unless circumstances make such preparation not feasible, in which case the list shall be prepared as soon thereafter as possible.
B. Any person whose name is selected for the jury list shall be subject to selection for service as a juror from the effective date of the list as provided in LCMC 2.40.060 until the effective date of next term’s list, even though the date set for trial may be after certification of the next term’s list.
C. The jury list shall be composed of 120 qualified persons selected by lot in the manner prescribed by ORS 54.060, except as to date, and shall be composed of names of residents of the city. These names shall be taken from the most recent voter registration list, selecting 20 names from each voting precinct. (Ord. 263 § 4, 1976)
2.40.050 Jury list – Preparation supervised by municipal judge – Disqualified or unavailable persons.
The municipal judge shall order and supervise the selection of names for the jury list. 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 law of the state or who are believed to be unavailable shall be discarded. The list shall contain the name and residence address of each person named therein. (Ord. 263 § 5, 1976)
2.40.060 Jury list – Certification.
A. When the jury list is complete, and the municipal judge is satisfied that there are no persons thereon whom he knows to be incompetent to serve as jurors, he shall certify the list in substantially the following form:
I (name of judge), certify that I am the duly appointed and acting municipal judge of the city of Lincoln City, Oregon; and that the foregoing jury list is composed of the names of persons selected in accordance with the provisions of Lincoln City Ordinance No.________________.
B. Upon certification of the jury list, the judge shall cause the same to be filed in the records of the municipal court. At that time, the list shall become effective and all jurors shall be chosen from that list until the effective date of the jury list for the next term.
C. Upon selection of additional names as provided in LCMC 2.40.070, the municipal judge shall certify the list of those additional names and file the same as provided in this section. From that time, such jurors may be chosen to serve as though they had been on the original list for that term. (Ord. 263 § 6, 1976)
2.40.070 Jury list – Selection of additional names.
Whenever the number of competent and qualified jurors falls below 50, the municipal judge may, if he deems necessary, order and supervise the selection of any additional 50 persons to add to the current jury list. Such persons shall be selected and subject to service as though they had been selected at the beginning of that term. (Ord. 263 § 7, 1976)
2.40.080 Jury selection – Use of 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. 263 § 8, 1976)
2.40.090 Jury selection from jury list.
When a jury is demanded in the municipal court, the jury shall be drawn and selected from the jury list. (Ord. 263 § 9, 1976)
2.40.100 Veniremen – Time of selection.
After receipt of notice of desire for jury trial, and not less than 10 days prior to the date set for trial, the municipal judge shall set a time for selection of the veniremen, giving notice thereof to the defendant or his attorney, and the city attorney. (Ord. 263 § 10(1), 1976)
2.40.110 Veniremen – Selection – Presence of defendant.
The defendant or his attorney shall be present at the time set for selection of the veniremen unless he specifically and in writing or in open court waives his right to be present. Failure to appear or waive appearance as provided in this section shall be deemed a waiver by the defendant of his right to be present at or participate in the selection of the venire panel. (Ord. 263 § 10(2), 1976)
2.40.120 Veniremen – Selection procedure – Peremptory challenges.
A. At the time set for selection of the veniremen, the municipal judge or his clerk shall, in the presence of the defendant or his attorney and the city attorney, draw at random from the jury box 12 of the lots representing persons on the jury list. If at that time it appears that any person whose lot is drawn has died, moved from the city, become incompetent, or is otherwise known to be unable to sit as a juror for the cause at issue, and both parties or the judge are convinced thereof, that lot shall be disposed of as provided in LCMC 2.40.140 and a new lot drawn. Should the defendant waive his appearance at the time for selection of principal veniremen, only nine names shall be drawn.
B. From the 12 names so drawn, the defendant and the city attorney may each exercise no more than three peremptory challenges apiece. Such challenges shall be exercised alternately, commencing with the defendant. Should the defendant waive his appearance, the city attorney may still exercise any and all of his three peremptory challenges from the nine names then drawn.
C. The six names remaining after both parties have exercised their peremptory challenges shall be summoned as the principal veniremen unless they are later excused from appearance or cannot be served with summons. In case either party does not exercise all his peremptory challenges, the principal veniremen may be summoned from the names remaining.
D. The court on its own motion may direct that six additional names be drawn from the jury box from which alternate veniremen may be selected. When six such names are drawn, each party may exercise one additional peremptory challenge from those names only.
E. No peremptory or any other challenge save for cause shall be allowed other than as provided in this section. (Ord. 263 § 11, 1976)
2.40.130 Veniremen – Selection of alternates.
If, after the principal and alternate veniremen have been selected, it is found that one or more of said veniremen are dead, absent from the city, incapacitated or otherwise unable to serve, the municipal judge or his clerk may draw such an additional number of names from the jury box at random as may be necessary to secure the attendance of nine veniremen at the time set for trial. The defendant and the city attorney need not be represented at or given notice of the time of such selection; and such names may be drawn at any time after selection of the principal and alternate veniremen, without further notice to the defendant or city attorney. (Ord. 263 § 12, 1976)
2.40.140 Veniremen – Selection of name of unavailable or unqualified person – Procedure.
A. 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.
B. 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, 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. 263 § 13, 1976)
2.40.150 Summons of veniremen – Duty to obey.
A. When the principal venire panel is selected, the municipal judge shall issue summons for each of such veniremen, and for three alternates, selected as provided in LCMC 2.40.120 and 2.40.130.
B. The summons for each juror shall be forwarded to the chief of police, together with an order signed by the municipal judge commanding him to summon particular persons to serve as jurors and make true return thereupon. Summons to serve as a juror shall be served personally upon the person summoned.
C. Any person summoned to appear as a juror and disregarding such summons may be adjudged in contempt of court, and shall be punished upon a finding thereof by a fine not exceeding $25.00. (Ord. 263 § 14, 1976)
2.40.160 Venire panel – Notice to defendant.
Not less than three court days prior to the date set for trial, the municipal judge or his clerk shall mail to the defendant or to his attorney a list of the nine persons summoned to appear as principal and alternate veniremen, listed in the order in which they were drawn, and including their addresses, occupations where available, and whether or not the summons issued for each has been returned as served. (Ord. 263 § 15, 1976)
2.40.170 Empaneling of jury – Challenges for cause.
Challenges to a venireman at trial shall be for cause only, upon a showing from his own testimony on voir dire that there is a reasonable doubt as to his ability to act as a fair and impartial arbiter of the facts, to give the matter in issue his full and unbiased consideration, or to accord each witness his complete and open attention. Challenge for cause may be made by the defendant upon close of his questions on voir dire, or by the city attorney upon close of his questions on voir dire. The court shall excuse such venireman for cause upon challenge of either party or upon its own motion where it appears to the court that grounds exist therefor. (Ord. 263 § 16, 1976)
2.40.180 Procedure when less than six veniremen remain after voir dire.
If, after completion of voir dire and the taking of any challenges, less than six veniremen remain, the court may take either of the following courses of action:
A. Upon its own motion, or the motion of either party, order the chief of police or any police officer of the city, save those called as witnesses for the trial, to go out upon the streets and bring before the court a number of qualified persons up to three to appear as veniremen, and if qualified after voir dire examination, to sit as jurors;
B. Upon its own motion, or the motion of either party, continue the cause for trial on a later date with a new jury, excusing those veniremen still remaining. (Ord. 263 § 17, 1976)
2.40.190 Jury verdict to be unanimous.
The verdict of the jury empaneled to try any cause shall be unanimous. (Ord. 263 § 18, 1976)
2.40.200 Compensation of jurors and veniremen.
A. Persons summoned as veniremen who appear at the time set for trial and are not empaneled to sit as jurors shall receive as compensation for such appearance the sum of $10.00.
B. Persons empaneled to serve as jurors shall receive as compensation the sum of $10.00 per day of such service. (Ord. 79-9 § 1; Ord. 263 § 19, 1976)
2.40.210 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 the sum of not less than $5.00. After conviction in any case where a jury has been summoned, the cost of the fees to such jurors may not be taxed to the defendant as part of the costs. (Ord. 81-25 § 1; Ord. 263 § 21, 1976)
2.40.220 Warrant service charge.
There is established a “warrant service charge” in the designated amount of $15.00 to be collected by the municipal court of the city for failure of a person to appear in municipal court as required by a complaint having been filed in said court. (Ord. 87-16 § 1)