Chapter 2.35


2.35.010    Right of trial by jury – Jury composition.

2.35.020    Jury list – Made when.

2.35.030    Jury list – Omission in making.

2.35.040    Jury list – Municipal judge authority.

2.35.050    Jury list – Discarding of names.

2.35.060    Jury list – Contents.

2.35.070    Jury list – Jury box.

2.35.080    Jury selection.

2.35.090    Jury selection – Number of ballots – Alternates.

2.35.100    Destruction and laying aside of ballots.

2.35.110    Jury selection – Summoning of jurors.

2.35.120    Jury fee.

2.35.130    Rendering verdict.

2.35.140    Jury fee – Refund.

2.35.150    Juror compensation.

2.35.160    Disregarding summons – Penalty.

2.35.010 Right of trial by jury – Jury composition.

Any person accused of any offense 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 in this chapter provided. [Ord. 406 § 1, 1960]

2.35.020 Jury list – Made when.

Immediately upon the effective date of the ordinance codified in this chapter and on the first Monday in January of each year, commencing in the year 1961, a jury list shall be made from the persons in the city of Burns competent under the laws of Oregon to serve as jurors in a circuit court, who shall serve as jurors in the municipal court until a new list is selected. The jury list shall be made and selected by lot in the same manner in which juries are selected for the circuit court, and such list shall contain the names of 200 of such qualified persons. [Ord. 406 § 2, 1960]

2.35.030 Jury list – Omission in making.

If for any reason the making of a jury list is omitted and neglected on the first Monday of any January, it may be done on the first Monday of any month following, to serve until the close of the year, and until another list is made. [Ord. 406 § 3, 1960]

2.35.040 Jury list – Municipal judge authority.

The municipal judge is hereby authorized and directed to select and make said jury list. [Ord. 406 § 4, 1960]

2.35.050 Jury list – Discarding of names.

In preparing the jury list, names drawn of persons known or believed to be disqualified as jurors or who are exempt from jury duty under the provisions of the laws of Oregon, or who are believed to be unavailable, shall be discarded. [Ord. 406 § 5, 1960]

2.35.060 Jury list – Contents.

The jury list shall contain the first and surname, the place of residence, and occupation of each person named therein and shall be certified by the municipal judge at the time the list is prepared. [Ord. 406 § 6, 1960]

2.35.070 Jury list – Jury box.

The municipal judge shall keep a secured jury box. After the jury list has been made, the municipal judge shall prepare and deposit in such box separate ballots or slips containing the name, place of residence, and occupation of each person on the jury list. [Ord. 406 § 7, 1960]

2.35.080 Jury selection.

When a jury is demanded in the municipal court, the jury shall be drawn and selected from the jury list. [Ord. 406 § 8, 1960]

2.35.090 Jury selection – Number of ballots – Alternates.

When a jury is selected, the municipal judge shall draw from the jury box, in the presence of the defendant or his attorney and in the presence of the city attorney, 12 ballots, or any greater number, if necessary, until the names of 12 persons who are deemed able to attend at the time and place required are obtained. On motion of the defendant, or his attorney, or on motion of the city attorney, or the court, on its own motion, may direct that six additional names be drawn from the box from which alternates may be selected. If neither party requests alternates, he shall be deemed to have waived his right to challenge for cause. [Ord. 406 § 9, 1960]

2.35.100 Destruction and laying aside of ballots.

When it appears to the municipal judge that the person whose name is drawn is dead or resides out of the city, the ballot shall be destroyed. If it appears to the municipal judge, or he has good reason to believe, that a person whose name is drawn is temporarily absent from the city or is ill or is so engaged as to be unable to attend at the time of the trial without great inconvenience, the ballot shall be laid aside, the name not placed on the jury list for the trial for which the jury is being selected, but such ballot shall be returned to the jury box after the drawing is completed. [Ord. 406 § 10, 1960]

2.35.110 Jury selection – Summoning of jurors.

When the drawing is completed, from the 12 names drawn, the defendant and the city will select the jury by each striking from the list three names, alternately, commencing with the defendant. The six names remaining shall be summoned as jurors in the case. When six names are drawn from the jury box as alternates, each party shall strike one of such names. No peremptory challenges shall be allowed other than in this section provided. No alternate juror shall be summoned to serve at the trial of the action except when six principals are not available, or have been challenged for cause. [Ord. 406 § 11, 1960]

2.35.120 Jury fee.

(1) Except as provided in subsection (2) of this section, no jury trial shall be granted any defendant unless the defendant or the defendant’s attorney, not less than five days before the time fixed for the trial, shall give notice to the municipal judge of the desire for a jury trial and deposit with the judge a jury fee of $30.00.

(2) No jury fee shall be required:

(a) If the court determines that the defendant is indigent; or

(b) If no such deposit would be required had the defendant been charged in a state court with the same offense. [Ord. 638 § 1, 1987; Ord. 406 § 12, 1960]

2.35.130 Rendering verdict.

All of the six jurors summoned to try any cause must concur to render a verdict. [Ord. 638 § 2, 1987; Ord. 406 § 13, 1960]

2.35.140 Jury fee – Refund.

In case the defendant be acquitted by the jury, the jury fee deposited by him shall be refunded. [Ord. 406 § 14, 1960]

2.35.150 Juror compensation.

Jurors who appear at the trial and serve as jurors shall receive as compensation for such services the sum of $5.00 for each day of attendance upon the municipal court. [Ord. 638 § 3, 1987; Ord. 406 § 15, 1960]

2.35.160 Disregarding summons – Penalty.

When a jury is drawn, summons therefor shall be issued by the municipal judge and the notices to the jurors shall be served by the chief of police. Any person notified to appear as a juror and disregarding such notice may be adjudged in contempt of court by the municipal judge and be fined a sum not exceeding $100.00. [Ord. 638 § 4, 1987; Ord. 406 § 16, 1960]