Any person accused of any crime, as defined and made punishable by the charter or any ordinance of this City, shall have the right of trial by jury in the Municipal Court. The jury shall consist of six persons, selected as provided in this chapter. The verdict of the jury shall be unanimous.
(Ord. 1980-12 §1)
Within the first week of January each year, a jury list shall be made from the persons in the City of Molalla competent under this chapter to serve as jurors, who shall serve as jurors in the Municipal Court until a new list is selected. Juries shall be selected by lot from the latest tax roll and registration books used at the last City election in the same manner in which juries are selected for circuit courts. The list shall contain the names of 350 such qualified persons.
(Ord. 1980-12 §2)
In preparing the jury list, names drawn of persons known or believed to be disqualified as jurors under this section shall be deleted, and opposite each name the reason for the name shall be set forth. A person is competent to act as a juror if he or she is:
A. 
A citizen of the United States;
B. 
A resident of the City of Molalla;
C. 
Over 18 years of age; and
D. 
Of a sound mind.
(Ord. 1980-12 §5)
The jury list shall contain the first and last name and the place of residence of each person name therein, and shall be certified by the Municipal Court Clerk at the time the list is prepared.
(Ord. 1980-12 §6)
The Municipal Court Clerk shall keep a secured jury box. After the jury list has been made, the Municipal Court Clerk shall prepare and deposit in such box separate ballots containing the name, address and occupation of each person on the jury list, and folded as nearly alike as practicable so that the name cannot be seen.
(Ord. 1980-12 §7)
Every month in which a jury trial is scheduled the Municipal Court Clerk, in the presence of the Municipal Court Judge or designate, shall draw by lot, 24 names from those names deposited in the jury box. The drawing for any jurors serving in January must be held as soon as practicable after the jury list is compiled; thereafter, the drawing shall take place not less than 10 days prior to the month the jurors are to serve. The names drawn shall be kept on record, said record to be signed by the Municipal Court Clerk and the Municipal Court Judge or designate. Jurors are only required to serve for a term of one month per year.
(Ord. 1980-12 §8)
At least one week prior to the term which the jurors are to serve, the Municipal Court Clerk shall summon the person's names in the panel to attend the Municipal Court by giving written notice to each of them by certified mail. If the certified mail is returned "unclaimed," the Municipal Court may order the Molalla Police Department to summon any such juror by giving written notice to them personally, or by leaving the notice at their place of residence with some person of suitable age and discretion, and such notice need be given only for a reasonable time before the day on which the juror is required to attend.
(Ord. 1980-12 §9)
A. 
Whenever the number of jurors required does not attend a term of the Municipal Court, or when jurors have served the full time required of jurors and have been discharged, the Municipal Court has power to order an additional number of jurors drawn from the jury list to fill up the regular panel, in the same manner as the original panel is required to be drawn. These jurors shall be summoned and required to attend as jurors, in the same manner and with like effect as if drawn on the original panel.
B. 
Whenever the regular panel becomes exhausted, or whenever, in the opinion of the Municipal Court, the regular panel is likely to become exhausted, the Municipal Court shall order an additional number of jurors drawn from the jury list by the Municipal Court Clerk in the presence of the Municipal Court, and the jurors so drawn shall be summoned, unless relieved by the Municipal Court, and required to attend at such times as the Municipal Court may order.
C. 
Whenever the jury list becomes exhausted, or whenever, in the opinion of the Municipal Court, such list is likely to become exhausted, the Municipal Court may by an order stating the reasons and duly entered, direct the Molalla Police Department to summon forthwith from the body of the persons whose names are upon the latest tax rolls or voter registration list and who have the qualifications to serve in Municipal Court.
(Ord. 1980-12 §10)
The Municipal Court Clerk shall preserve as records those ballots drawn as set forth in this chapter. Further, the Municipal Court Clerk shall keep records of those jurors who were discharged, did not appear, or those who attended and served, including the per term and mileage of each.
(Ord. 1980-12 §11)
For each jury trial, the jurors shall be selected as follows:
A. 
Prior to the trial date the defendant or his or her attorney and the City Attorney shall appeal before the Municipal Court Judge for selection of the jury. The Municipal Court Judge shall designate the time and place for selection of the jury, and the parties shall be notified.
B. 
At the time and place so designated, the Municipal Court Clerk shall, by lot, draw the names of six jurors from the 24 jurors serving on the panel for that particular term. If it appears to the Municipal Court Judge that any of the jurors so drawn is unable to serve, the Municipal Court Clerk shall draw additional names.
C. 
The defendant or his/her attorney and the City Attorney may then each challenge by peremptory three of the jurors so drawn. The order of challenges shall be that the defendant or his/her attorney may challenge one juror and then the City Attorney may challenge one juror, so continuing until all challenges are exercised or waived and six regular jurors have been selected. After six regular jurors have been selected, five alternate jurors shall be selected. The defense and the prosecution shall each have two peremptory challenges in the selection of alternate jurors. The Municipal Court Judge may order additional alternate jurors to be selected for a particular trial.
D. 
When six regular and five alternate jurors have been selected, the Municipal Court Clerk shall summon them for the time set for trial.
E. 
At the time set for trial, the six regular jurors shall be called, and the Municipal Court Judge shall question the jury to determine if any jurors should be excused for cause. Regular jurors excused for cause shall be replaced by alternate jurors, in the order drawn, who shall also be subject to challenge for cause. The six jurors passed for cause shall constitute the trial jury.
(Ord. 1980-12 §12; Ord. 1989-11)
Jurors who appear at the trial, whether or not they are chosen to serve, will receive as compensation for such services the fee provided by state statute plus the mileage fee and reimbursement for other expenses provided by state statute.
(Ord. 1980-12 §14; Ord. 2011-01 §1)