Chapter 2.50 MUNICIPAL COURT

The Municipal Judge of this City shall be its chief judicial officer. The Court shall be open for the transaction of judicial business during the usual business hours of each day; provided, however, that trial of any cause may be at any hour and day except Sunday, and that complaint may be filed and warrant may issue and be served from said Court on any day. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.110.)

2.50.020 Powers of the Court.

The Municipal Judge shall exercise original and exclusive jurisdiction of all crimes and offenses defined and made punishable by an ordinance of the City, and of all actions brought to recover or enforce forfeitures or penalties defined or authorized by ordinances of this City, and, in addition to the powers granted generally by the Charter of the City of Monmouth, the Constitution of the State of Oregon, the statutes of the State of Oregon and the ordinances of this City, shall be vested with all powers of a justice of the peace in matters civil and criminal within the corporate limits of the City of Monmouth. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.120.)

2.50.030 Justice court code to apply.

Except as otherwise provided by ordinance or charter, proceedings in the Municipal Court for the violation of a City ordinance shall be governed by the applicable general laws of the State governing justices of the peace and justice courts. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.130.)

2.50.040 Complaint – Arrest warrant.

Upon sworn complaint being filed with the Court, the Court may issue warrant of arrest commanding any peace officer to arrest the defendant. Any defendant so arrested shall be brought before the Court on the day of arrest or the next judicial day. The warrant may provide that the defendant be released upon posting bail in a fixed amount. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.140.)

Article II. Witnesses in the Municipal Court

2.50.050 Witnesses – Right to process.

Upon the trial of any cause before the Court, the parties thereto each shall have as a matter of right process to summon before the Court as witnesses five persons, and, upon application to the Court and showing of good cause therefor, each party may have process to summon such additional witnesses as may be reasonably necessary for the effective prosecution of the case. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.210.)

2.50.060 Service of process.

Such process may be served within the City limits by any police officer of this City or any other competent person over the age of 21 years. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.215.)

2.50.070 Fees of witnesses.

Those witnesses who appear in answer to summons in the Court shall receive as fee for their appearance the sum of $5.00, payable by order upon the City Recorder. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.220.)

2.50.080 Witness fees as costs.

Upon conviction of any person, corporation, association or partnership in the Municipal Court, for any crime or offense made punishable by City ordinance or State law, the Court shall assess as costs the fees paid for the appearance of witnesses in the proceeding. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.225.)

2.50.090 Penalty.

Any witness, being served within the corporate limits of the City of Monmouth with a summons requiring him to appear as a witness in any proceeding, who shall fail and refuse to so appear at the appointed time, shall, upon conviction in the Municipal Court, be fined a sum not to exceed $500.00 and imprisoned for a period of time not to exceed five days. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.295.)

Article III. Clerk of the Court

2.50.100 Clerk of Court.

The Clerk of the Court shall have the power to administer oaths, and perform all duties granted by statute to clerks of the justice courts. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.310.)

2.50.110 Deputy Clerks of Court.

The Court may, in addition, appoint one or more Deputy Clerks of Court who shall have all of the powers of the Clerk of the Court. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.320.)

Article IV. Jury Trials on the Municipal Court

2.50.120 Right to jury trial.

Any person, corporation, partnership or association charged in the Municipal Court with a criminal offense shall have the right to trial by jury. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.410.)

2.50.130 Request for jury.

Demand for a jury trial shall be made of the Municipal Judge or Clerk of the Court not less than 30 days before the date set for trial. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.415.)

2.50.140 Number of jurors.

Such jury shall consist of six persons who shall be residents and electors of the City, and who shall be selected as provided in this chapter. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.420.)

2.50.150 Selection of list of jurors.

On the first Monday of January of each year the Court Clerk and Municipal Judge of this City shall, from the latest tax roll and the voters registration list used at the last City election, select the names of not less than 150 persons. The Court Clerk and Municipal Judge shall delete from such list those persons known to be deceased or no longer inhabitants of the City of Monmouth. Those names remaining shall be placed on a list known as the list of jurors. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.430.)

2.50.160 Clerk as custodian of list of jurors.

The Court Clerk shall keep in his or her office a box containing on separate slips the names of those persons comprising the list of jurors. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.435.)

2.50.170 Selection of jury panel.

Not less than seven days before the date set for trial the Municipal Judge shall, in the company of the City Attorney and the defendant, or the defendant’s attorney, draw from the list of jurors 13 names, which shall comprise the jury panel. At the time of such drawing the Municipal Judge may strike from the panel the names of those persons whom he knows to be deceased, no longer inhabitants of the City, or who, because of age or disability, are incompetent to serve as jurors, and substitute additional names from the list of jurors therefor. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.440.)

2.50.180 Alternate jury panel members.

The parties may agree by stipulation for the drawing of additional names of alternates to be summoned should summons not be servable upon any persons selected as a part of the jury panel. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.445.)

2.50.190 Peremptory challenges.

From this panel the defendant and plaintiff alternately may exercise three peremptory challenges. The seven remaining shall be summoned as jurors for the trial of the case. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.450.)

2.50.200 Summoning jurors.

Thereafter the Municipal Judge shall direct the Chief of Police to summon those persons selected as jurors to appear before the Court at the time and place set for trial to act as jurors, which summons, verified by the Chief of Police, shall be served upon said jurors and due return thereof made to the Court. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.455.)

2.50.210 Excuse of jurors at trial.

Upon the trial of the case no jurors selected as provided heretofore shall be challenged except for cause. However, any juror may be excused on any ground permitting disqualification for cause in the circuit courts of this State. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.460.)

2.50.220 Summoning additional jurors at trial.

Should the jury panel be exhausted without seating the requisite number of jurors, the Municipal Judge shall cause additional jurors to be summoned by the Chief of Police and any person who is an inhabitant and registered voter of the City of Monmouth shall, upon receipt of such summons, which may be verbal in form, forthwith present himself before the Court as a juror. Any prospective juror summoned as provided in this section may be excused for cause. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.465.)

2.50.230 Fees of jurors.

Each juror shall receive as fee for services on each date the juror is summoned to appear as a juror, whether or not he or she serves as such juror, the sum of $10.00. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.470.)

2.50.240 Posting of pre-trial jury fee.

No person accused of a criminal offense shall be required to post any pre-trial fee for the costs of the jury. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.475.)

2.50.250 Juror fees as costs.

After conviction in any case where a jury has been summoned the cost of the fees to such jurors shall be deducted from any jury fee posted therein, if any, and the balance of the cost of such fees to jurors shall be taxed to the defendant as additional costs. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.480.)

2.50.260 Penalty.

Any person duly summoned to attend the Municipal Court as a juror who fails to attend as required shall, after hearing, be fined by the Municipal Judge in a sum not to exceed $50.00. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.495.)

Article V. Powers of Court Upon Conviction

2.50.270 Imprisonment of convicted persons.

The Municipal Judge may, upon conviction of an offense bearing a penalty of imprisonment, order the convicted party imprisoned in any jail within or without the City which the City may operate or in which, by contract, City prisoners may be housed. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.510.)

2.50.280 Imprisonment in lieu of payment or fine.

A judgment that the defendant pay a fine shall also direct that he be imprisoned until the fine is satisfied, specifying the extent of the imprisonment, which notwithstanding any other provision of law or these ordinances to the contrary, shall not exceed one day for every $25.00 of the fine. In case the entry of judgment shall omit to direct the imprisonment and the extent thereof, the judgment to pay the fine shall operate to require the imprisonment of the defendant until the fine be satisfied at the rate above mentioned. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.520.)

2.50.290 Requiring prisoners to work – Probation.

The Municipal Judge may, as a condition of sentence, place any convicted person upon probation to the Court. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.530.)

Article VI. Miscellaneous

2.50.300 Qualification of Judge.

The Municipal Judge shall be appointed by the Mayor with the consent of the City Council as provided by the City Charter, and shall serve until removed as provided by the City Charter or until a successor is appointed. No person shall be appointed Municipal Judge except he be deemed by the Mayor and City Council qualified for the position by training or experience in the law. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.610.)

2.50.310 Failure to appear.*

(1) No person, having been by Municipal Court order released from custody upon a release agreement or security release on the condition that the person subsequently appear personally in connection with a charge against the person, shall intentionally fail to appear.

(2) No person shall intentionally fail to appear before the Municipal Court pursuant to a citation issued and served under the authority of this code or ORS 133.055.

(3) No person shall intentionally fail to appear before the Municipal Court pursuant to an order issued by the Municipal Judge.

(4) Failure to appear on a criminal offense is a Class A misdemeanor.

(5) Failure to appear on a violation is a Class C misdemeanor. (Ord. 1306, § 1, March 19, 2013. Code 1983 § 13.620.)

* Code reviser’s note: See MCC 9.10.520.