Chapter 2.04
TRIALS AND SEARCH WARRANTS

Sections:

I. JURY TRIALS

2.04.010    Jury Number.

2.04.012    Jury Demand.

2.04.014    Term of Court.

2.04.016    Competency and Qualifications of Jurors.

2.04.018    Preparation of Preliminary Jury List.

2.04.019    Juror Questionnaire; Eligibility to Serve as Juror; Discharge From Jury Service.

2.04.020    Jury Panel Selection.

2.04.021    Postponement of and Excuse from Jury Service.

2.04.023    Term Jury List.

2.04.025    Jury Selection for Trial.

2.04.027    Exhaustion of Jury Panel.

2.04.029    Unanimous Verdict.

2.04.030    Compensation.

2.04.031    Application of District Court Procedure to Municipal Court Proceedings.

2.04.032    Summoning of Jurors.

2.04.034    Court Hours.

2.04.036    Preservation of Jury Orders, Records and Papers.

2.04.040    Court of Record.

II. SEARCH WARRANTS

2.04.100    Criminal Searches and Seizures.

2.04.101    Nuisance Abatement Warrants.

2.04.102    Administrative Warrants.

I. JURY TRIALS

2.04.010 Jury Number.

A jury trial in the municipal court, shall consist of six persons, sworn to try and determine the question or questions of fact, selected and drawn as provided in this Code.

2.04.012 Jury Demand.

Every person charged with an offense defined and made punishable by imprisonment by the charter, ordinances, or Code provisions of the city has the right to trial by jury. [BC 2.04.012, amended by Ordinance No. 3517, 6/10/86]

2.04.014 Term of Court.

The terms of municipal court shall be for a period of three months, beginning on January 1, April 1, July 1, and October 1 of each year.

2.04.016 Competency and Qualifications of Jurors.

A. A person is competent to act as a juror if the person:

1. is a citizen of the United States;

2. is a resident of the city;

3. is over 18 years of age; and

4. has not had rights and privileges withdrawn and not restored under ORS 137.281.

B. A person is not disqualified from jury duty if, at the time the person appears for jury service, the person is no longer a resident of the city; and

1. the person’s name properly appeared on the voters list or other lists described in BC 2.04.018; and

2. the person is otherwise qualified under this section. [BC 2.04.016, amended by Ordinance No. 3517, 6/10/86]

2.04.018 Preparation of Preliminary Jury List.

A. The municipal judge or court clerk shall cause to be prepared a preliminary jury list prior to the first day of each new court term. The preliminary jury list shall contain the names and addresses of individuals selected at random from the most recent voting list of the city, or any other pool of names relating to the city that represents a fair cross section of the community.

B. The number of names placed on the preliminary jury list shall be sufficient to meet the projected need for jurors in the municipal court for one term, but the total number shall not be less than one-half percent of the population of the city according to the latest decennial census.

C. If the preliminary jury list becomes exhausted or in the opinion of the presiding judge is likely to become exhausted, the presiding judge may order the court clerk to select at random an additional number of names from the source lists described in subsection A of this section. A person whose name is so selected shall be summoned or notified to serve as a juror as provided in this section and BC 2.04.019. [BC 2.04.018, amended by Ordinance No. 3517, 6/10/86]

2.04.019 Juror Questionnaire; Eligibility to Serve as Juror; Discharge From Jury Service.

A. A person whose name is included on the preliminary jury list shall be notified that he or she has been selected for jury service. Before or at the time a person is scheduled to appear for jury service, a judge or court clerk shall question the person as to the person’s competency to act as a jury under BC 2.04.016. If a judge or court clerk determines that a person so questioned is incompetent to act as a juror, the person shall be discharged from jury service.

B. A person may be questioned about the person’s competency to act as a juror either in person or by mail.

1. To question a person in person about the person’s competency to act as a juror, a judge or court clerk shall first require the person to declare by oath or affirmation that the answers to the questions about the person’s competency to act as juror shall be truthful.

2. To question a person by mail about the person’s competency to act as a juror, the presiding judge may cause to be mailed or delivered, with or without a juror’s summons, a juror questionnaire along with instructions for completion of the questionnaire and return of the completed questionnaire by mail or personal delivery to the court clerk. A completed juror questionnaire shall contain the questioned person’s signed declaration that the responses to the questions on the form are true to the best of the person’s knowledge. Notarization of a completed questionnaire shall not be required.

C. A person who knowingly makes a false statement of material fact in response to a question regarding the person’s competency to serve as a juror may be punished for contempt.

D. If a person fails to return a properly completed juror questionnaire as instructed, a judge of the court may direct the person to appear forthwith and properly complete a questionnaire. If the person fails to appear as directed, a judge of the court may order the person to appear and show cause for that failure. If the person fails to appear pursuant to the order or appears and fails to show good cause, the person may be punished for contempt.

E. Before or at the time a person reports for jury service, a judge or court clerk may discuss with the person any questions on the juror questionnaire and the grounds for any incompetency of the person to act as a juror. Any pertinent information so acquired may be noted on the form. [BC 2.04.019, added by Ordinance No. 3517, 6/10/86]

2.04.020 Jury Panel Selection.

[BC 2.04.020, repealed by Ordinance No. 3517, 6/10/86]

2.04.021 Postponement of and Excuse from Jury Service.

A. Postponement of a person’s jury service to a subsequent term may be granted by a judge or court clerk for good cause shown. Whenever possible, the postponement of a person’s jury service is to be preferred over the excuse of a person from jury service.

B. Excuse of a person from jury service may be granted by a judge or court clerk only upon a showing of undue hardship or extreme inconvenience to the person, the person’s family, the person’s employer or the public served by the person. In applying for this provision, the judge or court clerk shall consider both the public need for juries which are representative of the whole community and individual circumstances offered as justification for excuse from jury service. [BC 2.04.021, added by Ordinance No. 3517, 6/10/86]

2.04.023 Term Jury List.

A. Prior to the first day of each new court term, the municipal judge or court clerk shall cause to be prepared a term jury list. The term jury list shall consist of all individuals included on the preliminary jury list who have been questioned as to their competency to act as a juror pursuant to BC 2.04.019 and have not been discharged or excused from serving as a juror or had their jury service postponed to a subsequent term.

B. No person shall be included on a term jury list more than once in a period of twelve months.

C. If at any time a jury panel for a court term becomes exhausted, or in the opinion of the presiding judge may become exhausted, additional names shall be selected at random from the preliminary jury list to serve as replacement jurors until the next panel is selected. [BC 2.04.023, added by Ordinance No. 3517, 6/10/86]

2.04.025 Jury Selection for Trial.

A. For each jury trial date during a court term, the court clerk shall select, at random, at least 12 persons from the term jury list who are able to serve at the time required.

B. 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 C 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.

C. Peremptory challenges shall be taken in writing by secret ballot as follows:

1. The defendant may challenge one juror and the city may challenge one, alternating until the peremptory challenges are exhausted.

2. After each challenge, the panel shall be filled and the additional juror passed for cause 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.

3. The refusal to challenge by either party in order of alteration does not prevent the adverse party from exercising the party’s full number of challenges, and refusal of a party to exercise the party’s challenge in proper turn concludes the party as to the jurors once accepted by the party. If the party’s right of peremptory challenge is not exhausted, the party’s further challenges shall be confined, in the party’s proper turn, to such additional jurors as may be called.

D. Notwithstanding subsection B of this section, the defendant and the city may stipulate to taking peremptory challenges orally.

E. If the peremptory challenges of the moving party are not already exhausted, the court may for good cause shown permit a challenge to be taken to any juror before the jury is complete and sworn, notwithstanding the juror challenged may have been previously accepted. [BC 2.04.025, amended and renumbered by Ordinance No. 3517, 6/10/86]

2.04.027 Exhaustion of Jury Panel.

If, at the time of a jury trial, the jury panel present for the trial becomes exhausted due to nonappearance or prospective jurors or challenges by each party, the court may order the police chief to summon persons who have the qualifications of jurors to serve in the court. [BC 2.04.027, amended and renumbered by Ordinance No. 3517, 6/10/86]

2.04.029 Unanimous Verdict.

All six of the jurors sworn to try the cause must concur to render a verdict, unless the parties, with permission of the court, stipulate to a lesser number. [BC 2.04.029, amended and renumbered by Ordinance No. 3517, 6/10/86]

2.04.030 Compensation.

Those jurors notified and who appear for jury trial duty shall receive compensation from the city in an amount set by Council resolution for each day, or part of a day, of attendance upon the municipal court.

2.04.031 Application of District Court Procedure to Municipal Court Proceedings.

Except as otherwise provided by this Code, by state law or by court rule, trials shall be conducted as trials in district courts. The rules of evidence shall be the same as in the state courts and shall include applicable state law regarding the introduction or admission of evidence. [BC 2.04.031, amended and renumbered by Ordinance No. 3517, 6/10/86]

2.04.032 Summoning of Jurors.

The police chief shall assist the municipal judge in the service of subpoenas, summons, notices of jury duty, and such other orders of the court necessary for its proper conduct. [BC 2.04.032, amended by Ordinance No. 3517, 6/10/86]

2.04.034 Court Hours.

The Council shall, by resolution, specify the times during which the court shall be open for business.

2.04.036 Preservation of Jury Orders, Records and Papers.

After the end of a jury service term, all orders, records and papers prepared in connection with the selection and summoning of persons to serve as jurors for the terms as provided in BC 2.04.018 through 2.04.030 shall be preserved by the court clerk for the period prescribed by the state archivist. [BC 2.04.036, added by Ordinance No. 3517, 6/10/86]

2.04.040 Court of Record.

The Beaverton municipal court is hereby declared a court of record, effective November 8, 2007. A prosecution commenced in the Beaverton municipal court before that date shall be deemed a prosecution in a court not of record notwithstanding that part of the prosecution may occur in the Beaverton municipal court after the effective date of this declaration. [BC 2.04.040, added by Ordinance No. 4454, 10/9/07]

II. SEARCH WARRANTS

2.04.100 Criminal Searches and Seizures.

[BC 2.04.100, repealed by Ordinance No. 3516, 6/10/86]

2.04.101 Nuisance Abatement Warrants.

A. A nuisance abatement warrant is an order, in writing, in the name of the City, signed by a judge and directed to a City official or employee charged with the responsibility of enforcing the provisions of this Code, commanding the official or employee to conduct an abatement authorized by any provision of law or to enter onto private property to remove and abate any nuisance.

B. A nuisance abatement warrant shall be issued only upon reasonable cause, supported by affidavit, particularly describing the applicant’s status in applying for the warrant, the statute, ordinance or regulation requiring or authorizing the removal or abatement of the nuisance, the building or property to be entered, the basis upon which cause exists to remove or abate the nuisance, and a statement of the general types and estimated quantity of the items to be removed or conditions abated. Before issuing a nuisance abatement warrant, the judge may examine the applicant and any other witness under oath and shall be satisfied of the existence of grounds for granting such application. If the judge is satisfied that cause for the removal or abatement of any nuisance exists and that the other requirements for granting the application are satisfied, the judge shall issue the warrant, particularly describing the person or persons authorized to execute the warrant, the property to be entered, and a statement of the general types and estimated quantity of the items to be removed or conditions abated. The warrant shall contain a direction that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the judge has specially determined upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night. In issuing a nuisance abatement warrant, the judge may authorize any peace officer, as defined in Oregon Revised Statutes, to enter the described property to remove any person or obstacle and to assist the representative of the City official or employee charged with the responsibility of enforcing the provisions of this Code in any way necessary to enter the property and remove or abate the nuisance.

C. A nuisance abatement warrant must be executed within 21 days of its issue and returned to the judge by whom it was issued within 10 days from its date of execution. After the expiration of the time prescribed by this subsection, the warrant unless executed or renewed is void. When executing a nuisance abatement warrant, the person authorized to execute the warrant shall, before entry into an occupied premises, make a reasonable effort to present the person’s credentials, authority and purpose to an occupant or person in possession of the property designated in the warrant and show the occupant or person in possession of the property the warrant or a copy thereof upon request; provided, however, that when executing a nuisance abatement warrant on unoccupied property, the person authorized to execute the warrant need not inform anyone of the person’s authority and purpose, but may promptly enter the designated property if it is at the time unoccupied or not in the possession of any person or at the time reasonably believed to be in such condition. In such case, a copy of the nuisance abatement warrant shall be conspicuously posted on the property. The City official or employee to whom a nuisance abatement ordinance is directed may make use of such labor and service as may be necessary or convenient in the furtherance of the objective of the nuisance abatement warrant, regardless of whether such labor or service is supplied voluntarily, at cost or for profit by an employee, agent or independent contractor of the City.

D. The return of a nuisance abatement warrant shall certify the day and time of execution of the warrant, the name of the City official or employee conducting the abatement and a list in reasonable particularity describing any nuisance items removed from the property. The City may cause any nuisance items removed pursuant to the nuisance abatement warrant to be disposed of as waste whenever the City official or employee charged with the responsibility of enforcing the provisions of this Code finds that the fair and reasonable value of the items at resale would be less than the cost of storing and selling the items. In making this determination, the official or employee may include in the costs of sale the reasonable cost of removing the items to a place of storage, of storing the items for resale, of holding the resale including reasonable staff allowances, and all other reasonable and necessary expenses of holding the sale.

E. Following the procedures set forth in this section, the City Council may issue, and the City may execute, a nuisance abatement warrant in conjunction with a proceeding brought under BC 5.05.145, except that the rights, powers and limitations applicable to a judge under this section are applied instead to the City Council. [BC 2.04.101, added by Ordinance No. 4506, 4/20/09]

2.04.102 Administrative Warrants.

The procedures in this section apply to administrative inspections and investigations made by officers and employees of the city relating to fire, sanitation and structural safety of property, existence of nuisances, and the improper use of property under codes for the protection of the health, safety and welfare of the public or for any purpose authorized by law. An administrative warrant is an order, in writing, in the name of the city, signed by the municipal judge, or other authorized judge, directed to a city official or employee charged with the responsibility of enforcing the provisions of this Code commanding the official or employee to conduct any inspection or investigation required or authorized by any provision of law. An administrative warrant shall not be deemed a criminal warrant within the meaning of ORS chapter 133.

A. Procedure. If an authorized officer or employee of the city is refused access to property for the purpose of making an inspection or investigation provided for in this section, the officer or employee shall not inspect the premises until the officer or employee has obtained an administrative warrant for the inspection from the municipal judge or other authorized judge.

B. Issuance.

1. Under the terms of this section, no administrative warrant shall be issued for the inspection of any property within the city until there has been filed with the municipal court an affidavit showing reasonable cause for the inspection. Reasonable cause to issue an administrative warrant exists if reasonable legislative, administrative or judicially prescribed standards for conducting an inspection or investigation are satisfied with respect to the particular property and the search is reasonable in time and scope.

2. The affidavit, shall described the applicant’s status in applying for the warrant, the Code provision or regulation requiring or authorizing the inspection or investigation, the premises to be inspected or investigated and the purpose for which the inspection or investigation is to be made including the basis upon which cause exists to inspect. In addition, the affidavit shall contain either a statement that entry has been sought and refused, that the property is unoccupied or not in the possession of any person or at the time reasonably believed to be unoccupied, or facts or circumstances reasonably shown that the purposes of the inspection or investigation might be frustrated if entry were sought without a warrant.

3. Before issuing the warrant, the judge may examine, upon oath, the applicant and any other witnesses, and shall be satisfied of the existence of grounds for issuing such warrant. If the judge is satisfied that cause for the inspection exists, the judge shall issue a warrant particularly describing the place to be inspected and designating the purpose and limitations of the inspection.

4. The warrant shall contain a directive that it be executed on any day of the week between the hours of 8:00 a.m. and 6:00 p.m. or, if the judge has specially determined on a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.

5. An administrative warrant shall be effective for the time specified therein, but in no event for a period of more than 14 days unless extended or renewed by the judge who signed and issued the original warrant upon a showing of good cause why the warrant could not be served within the time provided.

C. Execution.

1. Except as provided in subsection 2 of this subsection, in executing an administrative warrant, the person authorized to execute the warrant shall, before entry, make a reasonable effort to present the person’s credentials, authority and purpose to an occupant or person in possession of the property designated in the warrant and serve the person with a copy of the warrant.

2. In executing an administrative warrant, the person authorized to execute the warrant need not inform anyone of this authority and purpose as prescribed in subsection l of this subsection, but may promptly enter the designated property if it is at the time unoccupied or not in the possession of any person or at the time reasonably believed to be unoccupied. A copy of the warrant shall be left in a conspicuous place if the property is unoccupied.

3. If any items are seized as specified by the warrant, a list of property taken shall be left in a conspicuous place.

4. A peace officer may be requested to assist in the execution of the administrative warrant.

5. An inspection pursuant to an administrative warrant shall not be made by means of forcible entry, except that the judge may, by an endorsement on the face of the warrant, expressly authorize execution of the warrant by forcible entry where the affidavit, or a supplemental affidavit after the warrant has once been issued, contains information sufficient to satisfy the judge that there are reasonable grounds to believe that any of the following situations exists:

a. a probable violation of any of the provisions of this Code which, if such violation in fact existed, would represent an immediate threat to health or safety; or

b. where prior attempts to serve a warrant or obtain consent have met with refusal of the owner or occupant of the place described in the warrant;

c. where reasonable attempts have been made to secure the cooperation of the owner of the property described in the warrant, which property is unoccupied and entry cannot be gained except with such owner’s cooperation or by force, and such cooperation has been refused or is not obtainable after reasonable efforts.

D. Execution By Forcible Entry.

1. In execution of a properly endorsed administrative warrant by forcible entry, any city official acting under the warrant shall be accompanied by a peace officer who shall execute the warrant as to the manner of gaining entry, and who shall stand by during the inspection to prevent any interference therewith.

2. In the execution of an administrative warrant by forcible entry the officer has the same power and authority, in all respects, to break open any door or window, to use all necessary and proper means to overcome any forcible resistance made to the officer or to call any other person to the officer’s aid that the officer has in the execution or service of a warrant of arrest.

E. Return of Warrant. An administrative warrant must be executed and returned to the issuing judge within 14 days from its date of issuance. After the expiration of the time prescribed by this subsection, the warrant is void unless executed. The return shall certify the day and time of execution of the warrant, the name of the city official conducting the inspection and a list of items seized, if any.

F. Emergency Inspection Without Warrant. Nothing in BC 2.04.102 shall be construed as prohibiting an inspection or investigation without a warrant in an emergency situation if immediate inspection is necessary to the protection of the public health or safety and if it would be impractical and represent an increased hazard to seek a warrant under BC 2.04.102. [BC 2.04.102, amended by Ordinance No. 3516, 6/10/86.]