The office of Municipal Judge of the Municipal Court of the City of Albany is hereby created. The holder of the office shall be selected by the Council to serve at the pleasure of the Council.
(Ord. 2730 § 1, 1957)
The office of pro tempore Municipal Judge of the Municipal Court of the City is hereby created. The holder of the office shall be selected by the Council to serve at the pleasure of the Council. The officer shall act only when the Municipal Judge is unable to perform his/her duties by reason of absence from the City, illness, vacations or disqualification by person of knowledge or relationship to the cause before him/her. The pro tempore Judge shall be compensated on an hourly basis.
(Ord. 2730 § 2, 1957; Ord. 5778 § 1, 2012)
The holder of the office of Municipal Judge and pro tempore Municipal Judge shall be admitted to the practice of law before the Supreme Court of the State of Oregon.
(Ord. 2730 § 3, 1957)
The Municipal Judge shall establish by appropriate order a regular time for holding court session on not less than a weekly basis. In addition to the time established by order of the court, Municipal Court may be held at such other times as the Judge deems necessary for the protective rights of a person charged with violations.
(Ord. 2730 § 4, 1957; Ord. 3374 § 1, 1968)
Upon passage of the ordinance codified in this chapter and prior to the first days of January, April, July and October, thereafter, the Court shall select 350 names of persons, who must have the qualifications of jurors in the State courts, from the registered voter lists to serve as a jury panel until the next panel is selected. The Court shall make a reasonable effort to proportionally select representative jurors from Linn and Benton Counties. No person shall be required to serve more than one term during any calendar year. The selection shall be made at random and the Court shall not attempt to select or reject any particular persons. No challenge to the panel may be made upon substantial compliance of this portion of this chapter.
(Ord. 2730 § 5, 1957; Ord. 4545 § 2, 1982; Ord. 5013 § 1, 1992; Ord. 5530, 2002; Ord. 5778 § 1, 2012)
(1)
For each jury trial date during a court term, the Court Clerk shall select at random at least 18 persons from the term jury list who are able to serve at the time required.
(2)
At the time of trial, the prospective jurors shall be examined as to their qualifications, first by the defendant and then by the City. After they have been passed for cause, peremptory challenges, if any, shall be exercised as provided in subsection (3) of this section. Each party may take challenges for cause and three peremptory challenges unless the Judge grants additional challenges. When two or more defendants are tried together, each must join in any challenge or it cannot be taken unless the Judge grants additional challenges.
(3)
Peremptory challenges shall be taken in writing by secret ballot as follows: the defendant may challenge one juror and the City may challenge one, alternating until the peremptory challenges are exhausted.
(Ord. 2730 § 7, 1957; Ord. 4545 § 1, 1982; Ord. 5778 § 1, 2012)
Trials shall be conducted as herein provided and all matters not specifically provided for herein shall be governed by the applicable statutes and rules of the State for justice of the peace courts and shall include applicable statutes and rules of the State regarding the introduction or admission of evidence.
(Ord. 2730 § 8, 1957; Ord. 5778 § 1, 2012)
Persons who have been subpoenaed as witnesses to appear in Municipal Court shall be entitled to receive compensation plus mileage to and from their place of residence at the rate applicable to appearances in justice court.
(Ord. 3684 § 1, 1973; Ord. 5013 § 1, 1992; Ord. 5778 § 1, 2012)
The jurors who are notified to appear at trial and are selected and serve as actual jurors shall be entitled to receive compensation plus mileage to and from their place of residence at the rate applicable to appearances in justice court. Those jurors who are notified to appear at trial but are not selected as jurors shall be entitled to receive mileage to and from their place of residence at the rate applicable to appearances in justice court.
(Ord. 2730 § 10, 1957; Ord. 3684 § 2, 1973; Ord. 5013 § 1, 1992; Ord. 5778 § 1, 2012)
The Judge shall have all inherent and statutory powers and duties of a justice of the peace within the jurisdictional limits of the City. The Chief of Police or designee thereof shall assist the Judge in the service of subpoenas, notices of jury duty and such other orders of the Court necessary for the proper conduct thereof.
The Judge may, by order, designate a member or members of the Police Department to act as a Clerk of the Court with authority to accept bail in accordance with a minimum bail schedule established by the Court.
The Judge shall be responsible for the keeping of such dockets and accounts necessary to properly record all proceedings of the Municipal Court.
In criminal cases in Municipal Court, the cost and disbursements shall be added to the fine, penalty or sentence imposed, provided the Court, at its discretion in justifiable cases, may, on behalf of the City, waive payment of all or part of the costs and disbursements.
(Ord. 2730 § 11, 1957; Ord. 4545 § 4, 1982; Ord. 5778 § 1, 2012)