Chapter 2.12
MUNICIPAL COURT
Sections:
2.12.010 Right to trial by jury.
2.12.050 Compensation for jurors.
2.12.060 Additional assessment.
2.12.010 Right to trial by jury.
A. A person charged with any offense defined and made punishable by code or applicable law as a crime for which a sentence of imprisonment is authorized, and for which the municipal judge or the city attorney have not declared that the offense shall be prosecuted as a violation and not a crime, the person charged shall have the right to trial by jury upon filing written demand with the municipal court at least 60 days prior to the trial date set by the municipal court.
B. The trial of any offense defined and made punishable by this code as a violation or infraction or declared to be a violation by the judge or the city attorney pursuant to city code of the codified ordinances of the city of Eagle Point shall be tried by the court without a jury.
C. The city shall have the burden of proving any alleged infraction or violations by a preponderance of the evidence.
D. The defendant may not be required to be a witness in the trial on an infraction or violation. [Ord. 2000-16 § 1].
2.12.020 Number of jurors.
The jury shall consist of six persons sworn to try the cause for which they are called. The jurors shall be selected as provided hereinafter. [Ord. 2000-16 § 2].
2.12.030 Jury panel.
Whenever the municipal court clerk deems it necessary to impanel a jury, the court clerk shall prepare a jury list from the latest tax roll and registration books used at the last city election in the same manner in which jury lists are prepared for circuit courts in the state of Oregon. The court clerk shall select 30 names of persons, by lot, from the preliminary jury list to serve as a jury panel until the next panel is selected. No person shall be required to serve more than one term during any calendar year. [Ord. 2000-16 § 3].
2.12.040 Jury selection.
At least 60 days prior to the trial date, the defendant or his or her attorney and the city attorney shall appear before the municipal judge or his or her designate for the selection of the jury. The time and place of the selection shall be as designed by the court, and the judge shall notify the defendant or his or her attorney and the city attorney of the time and place. The judge or his or her designate shall then select, by lot, 10 names of persons from the jury panel, the first six selected to serve as jurors and the remaining four to serve as alternate jurors. The defendant or his or her attorney may then challenge by peremptory challenge six of the prospective jurors, and the city may challenge by peremptory challenge four of the prospective jurors. The order of challenges shall be that the defendant or his or her attorney may challenge three, then the city attorney may challenge two, then the defendant or his or her attorney may again challenge three and the city attorney may challenge two. Additional names shall be selected, by lot, to replace those jurors challenged. When six jurors and four alternates have been selected, they shall be notified to appear at the appointed time and place and shall constitute the trial jury. [Ord. 2000-16 § 4].
2.12.050 Compensation for jurors.
Those jurors notified and who appear at trial shall receive compensation from the city in the amount of $10.00 for each day of attendance upon the municipal court. [Ord. 2000-16 § 5].
2.12.060 Additional assessment.
A. Whenever the municipal court imposes a fine or orders a bail forfeiture as a penalty for a state traffic law, except parking violations, an assessment in addition to the fine or bail forfeiture required to be collected under ORS 137.290 shall be imposed by the court. When any deposit of bail is made for an offense to which this section applies, the person making such deposit shall also deposit a sufficient amount to include the state assessment.
B. The state assessment imposed under ORS 137.015 shall be forwarded to the Department of Revenue. If bail is returned, the assessment made shall also be returned. [Ord. 2000-16 § 6].