[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.
[Repealed by Ord. No. 1419, 2-16-1971]
[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. 1419, 2-16-1971]
Jurors shall be residents of the City and shall otherwise be
qualified as provided in ORS
10.030.
[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.
[Repealed by Ord. No. 1419, 2-16-1971]
[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.
[Repealed by Ord. No. 1419, 2-16-1971]