[Ord. No. 644, 12-1-1959; Ord. No. 1230, 8-6-1968; Ord. No. 1419, 2-16-1971; Ord. No. 1487, 10-17-1972; Ord. No. 1683, 1-10-1978; Ord. No. 1855, 12-28-1982]
1. 
Every person charged with an offense defined and made punishable by the City Charter, 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 and the municipal judge shall be the exclusive trier of facts.
2. 
Those persons entitled to trial by jury and desiring same shall give written notice to the Municipal Court within 15 days after the entry of a plea of "not guilty" to the charge or 15 days prior to the commencement of trial whichever is sooner. The municipal judge may waive the above requirements upon a showing of good cause by the defendant, and thereupon may set a date prior to which such written notice of jury trial must be received by the Court.
[Ord. No. 644, 12-1-1959]
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. No. 644, 12-1-1959; Ord. No. 1091, 11-23-1965; Ord. No. 1419, 2-16-1971; Ord. No. 2001, 3-6-1990]
On or before the first judicial day of January of each year at the request of the Municipal Judge, the Clerk of the Court shall cause to be prepared a master jury list containing at least 500 names selected at random from the source lists. The source lists are the most recent list of electors of the City, the records furnished by the Motor Vehicles Division as provided in ORS 802.260(2) and any other sources approved by the Chief Justice of the Supreme Court that will furnish a fair cross section of the citizens of the City. If for any reason the preliminary jury list is not prepared within the aforesaid time, it may be prepared at a later time without affecting the validity thereof.
[Ord. No. 644, 12-1-1959; Ord. No. 1091, 11-23-1965; Ord. No. 1419, 2-16-1971; Ord. No. 1855, 12-28-1982; Ord. No. 2890, Amended, 3-17-2022]
After the preliminary jury list has been prepared and delivered to the Court, a jury panel of 100 or more persons shall be selected therefrom under the direction of the Municipal Judge to serve for one full year or until the next jury panel is selected. If it appears that any person is not qualified or has been excused, the Court shall cause such person’s name to be removed from the jury panel. The Court shall excuse any person from service as a juror if such person is entitled to and requests exemption for any reason specified in ORS 10.040. The Court may also excuse any person from service as a juror, either by removal of the person’s name from the jury panel or by excuse for a particular time, for reason of illness, disability or undue hardship. No person shall be required to serve as a trial juror at more than two trials during the term of service. If at any time the Court deems the number of qualified and unexcused jurors on the panel to be insufficient, the Court may cause additional names to be chosen in the aforesaid manner from the preliminary jury list and added to the panel.
[Ord. No. 644, 12-1-1959; Ord. No. 1419, 2-16-1971; Ord. No. 1683, 1-10-1978; Ord. No. 1855, 12-28-1982]
The time of selection of the trial jury shall be set by the court or court clerk, and the parties shall be notified. At such time the judge or the judge’s designee shall select from the jury pool a sufficient number of prospective jurors to fill the panel, taking into account the greatest number of peremptory challenges which could be taken among the parties as well as a sufficient number to withstand possible challenges for cause, hardship, illness or disability. All prospective jurors selected from the pool shall be notified to appear at the trial at the appointed time and place.
[Ord. No. 1419, 2-16-1971; Ord. No. 1855, 12-28-1982; Ord. No. 2161, Amended, 12-16-1997; Ord. No. 2890, Amended, 3-17-2022]
1. 
The jurors appearing for the trial and called to the jury box to act as tentative trial jurors may be examined by the Court, or in the Court’s discretion may be examined by the parties. Said jurors may be challenged for cause, express bias or implied bias as defined in ORS 136.220, which may be allowed by the Court in the exercise of discretion.
2. 
Peremptory challenges shall be taken in writing by secret ballot as follows:
a. 
The defendant may challenge one juror and the City may challenge one juror and so alternating, the defendant exercising three challenges and the City three until peremptory challenges are exhausted.
b. 
After each challenge the panel shall be filled and the additional juror examined before another peremptory challenge is exercised. Neither party shall be required to exercise a peremptory challenge unless the full number of jurors is in the jury box at the time.
c. 
The refusal to challenge by either party in order of alternation does not prevent the adverse party from exercising the full number of challenges, and such refusal on the part of a party to exercise challenge in proper turn concludes the party as to the jurors once accepted. If the party’s right of peremptory challenge is not exhausted, further challenges shall be confined, in proper turn, to such additional jurors as may be called.
3. 
Notwithstanding subsection 2 of this section, the defendant and the City may stipulate to taking peremptory challenges orally.
4. 
If the peremptory challenges of the moving party are not already exhausted, the court may for good cause permit a challenge to be taken to any juror before the jury is completed and sworn, notwithstanding the juror challenged may have been theretofore accepted.
5. 
All peremptory challenges may be taken by the City or defendant, but when several defendants are tried together, the defendants are entitled to the number of challenges they would have had if each defendant had been tried separately. When two or more defendants are tried together, the City is entitled to the same total number of peremptory challenges as the sum of the peremptory challenges the defendants could have exercised.
[Ord. No. 644, 12-1-1959]
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.
[Ord. No. 644, 12-1-1959; Ord. No. 1419, 2-16-1971]
Those jurors and alternates who appear at the trial shall receive compensation from the City in the amount of $5.00 for each day, or part thereof, of attendance upon the Court.