Chapter 2.25


Article I. Judge Pro Tem

2.25.010    Office created.

2.25.020    Appointment.

2.25.030    Term.

2.25.040    Compensation.

2.25.050    Powers – Duties.

2.25.060    Oath required.

Article II. Juries

2.25.070    Right to jury trial.

2.25.080    Jury list.

2.25.090    Time for making jury list.

2.25.100    Responsibility for jury list.

2.25.110    Exemption from jury list.

2.25.120    Contents – Certification.

2.25.130    Jury box.

2.25.140    Selection of jury.

2.25.150    Selection procedure.

2.25.160    Disqualification of jurors.

2.25.170    Challenges.

2.25.180    Jury fee.

2.25.190    Verdicts.

2.25.200    Costs and disbursements.

2.25.210    Compensation.

2.25.220    Notice – Contempt of court.

Article I. Judge Pro Tem

2.25.010 Office created.

The office of judge pro tem be and the same is hereby created. (Ord. 932 § 1, 1992)

2.25.020 Appointment.

The judge pro tem shall be appointed in accordance with the terms and provisions of Chapter 2.35 RMC, Appointive Officers. (Ord. 932 § 2, 1992)

2.25.030 Term.

The tenure of a duly appointed judge pro tem shall be at the will of the council and in no event to extend past the term of the mayor who shall be in office at the time of such appointment; except that it shall be permissible for judge pro tem to be reappointed to such office. (Ord. 932 § 3, 1992)

2.25.040 Compensation.

The compensation of a duly appointed, qualified, and acting judge pro tem shall be fixed by the council in such amount as the council shall deem reasonable. (Ord. 932 § 4, 1992)

2.25.050 Powers – Duties.

The judge pro tem shall handle all cases assigned him by the municipal judge and shall have all of the authority and powers vested in said municipal judge. (Ord. 932 § 5, 1992)

2.25.060 Oath required.

The judge pro tem shall, before entering upon the duties of office, take a solemn oath for the faithful discharge of the obligations of such office. (Ord. 932 § 6, 1992)

Article II. Juries

2.25.070 Right to jury trial.

Every person charged with an offense which carries a possibility of the imposition of a jail sentence, as defined and made punishable by the Charter or any ordinance of this city, shall have the right to trial by jury in the municipal court. The jury shall consist of six persons selected as in this article provided. (Ord. 892 § 1, 1986)

2.25.080 Jury list.

Immediately upon the effective date of the ordinance codified in this chapter and on the first Monday in January of each year thereafter, a jury list shall be made from the persons in the city of Rainier 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 the list shall contain the names of 100 of such qualified persons. (Ord. 892 § 2, 1986)

2.25.090 Time for making jury list.

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. 892 § 3, 1986)

2.25.100 Responsibility for jury list.

The municipal judge is hereby authorized to select and make the jury list. If the municipal judge so desires, the judge may call for assistance from two citizens of the city, qualified to serve as jurors, and these citizens, together with the judge, may make the list. (Ord. 892 § 4, 1986)

2.25.110 Exemption from jury list.

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. 892 § 5, 1986)

2.25.120 Contents – Certification.

The jury list shall contain the first and surname, the place of residence, and occupation of each person named and shall be certified by the municipal judge at the time the list is prepared. (Ord. 892 § 6, 1986)

2.25.130 Jury box.

The municipal judge or, under the judge’s direction, the court clerk, shall keep a secured jury box. After the jury list has been made, the municipal judge shall prepare and deposit in the box separate ballots or slips containing the name, place of residence, and occupation of each person on the jury list. (Ord. 892 § 7, 1986)

2.25.140 Selection of jury.

When a jury is demanded in the municipal court, the jury shall be drawn and selected from the jury list. (Ord. 892 § 8, 1986)

2.25.150 Selection procedure.

When a jury is selected, the municipal judge, or the clerk under the judge’s direction, shall draw from the jury box, in the presence of the defendant or the defendant’s 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. (Ord. 892 § 9, 1986)

2.25.160 Disqualification of jurors.

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 the judge 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 and the name not placed on the jury list for which the jury is being selected, but the ballot shall be returned to the jury box after the drawing is completed. (Ord. 892 § 10, 1986)

2.25.170 Challenges.

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. In case either party does not exercise all its peremptory challenges, the jury may be summoned from among the names remaining. When six names are drawn from the jury box as alternates, each party shall strike one of the names. No peremptory challenges shall be allowed other than as 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. (Ord. 892 § 11, 1986)

2.25.180 Jury fee.

No jury trial shall be granted any defendant unless the defendant or the defendant’s attorney, not less than three days before the time fixed for the trial, gives notice to the municipal judge of the desire for a jury trial. (Ord. 892 § 12, 1986)

2.25.190 Verdicts.

All six of the jurors summoned to try any cause must concur to render a verdict. (Ord. 892 § 13, 1986)

2.25.200 Costs and disbursements.

In cases tried before a jury, the municipal judge shall add any costs and disbursements allowed by law to the fine, penalty, or sentence imposed. (Ord. 892 § 14, 1986)

2.25.210 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. 892 § 15, 1986)

2.25.220 Notice – Contempt of court.

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 the notice may be adjudged in contempt of court by the municipal judge and be fined a sum not exceeding $25.00. (Ord. 892 § 16, 1986)