Chapter 2.20
MUNICIPAL COURT
Sections:
2.20.010 Right to trial by jury.
2.20.030 Qualification of jurors.
2.20.040 Preliminary jury list.
2.20.070 Jurors—Failure to appear.
2.20.080 Peremptory challenges.
2.20.140 Powers of the municipal judge—Municipal judge—General responsibilities.
2.20.150 Imprisonment—Credit against fine.
2.20.160 Court-appointed attorney—Fee.
2.20.170 Schedule of court costs and fines—Imposition of costs and schedule.
2.20.180 Municipal court judges pro tem.
2.20.010 Right to trial by jury.
Any person accused of any offense defined and made punishable by incarceration, pursuant to the City Charter or any ordinance of this city or laws of this state, shall have the right to trial by jury in the municipal court unless waived in writing. (Ord. 1018 § 1, 2012: Ord. 407 § 1, 1971: Ord. 235 § 1, 1959)
2.20.020 Number of jurors.
The jury shall consist of six persons duly sworn to try the cause for which they are called; and the jurors shall be selected as hereinafter provided. (Ord. 235 § 2, 1959)
2.20.030 Qualification of jurors.
The qualifications of all prospective jurors for the municipal court shall be the same qualifications as prescribed in ORS 10.030. In addition, a prospective juror must be an inhabitant of the city and a registered voter at the time he/she is summoned. (Ord. 1018 § 2, 2012: Ord. 235 § 3, 1959)
2.20.040 Preliminary jury list.
A. The court clerk shall prepare or cause to be prepared a preliminary jury list commencing on January 1st and July 1st of each year. The sources of this list may be the most recent list of electors of the city from records furnished by the Douglas County Clerk’s Office—Elections Department, the Oregon Motor Vehicles Division, the tax roll compiled most recently, or any other sources which, in the judgment of the municipal judge, meet constitutional and statutory standards. The list must include all or a random selection of potential jurors from the sources selected. A random selection may be made by manual or electronic means.
B. The court clerk shall prepare or cause to be prepared a jury list from the preliminary jury list. The number of names to be placed on the jury list shall be at least 150 names.
C. As needed for a scheduled jury trial, the court clerk shall select and notify jurors on the jury list to serve in a scheduled jury trial. Such selection shall be made on a random basis by manual or electronic means. (Ord. 1018 § 3, 2012: Ord. 235 § 4, 1959)
2.20.050 Jury box.
The municipal judge or, under his/her direction, the court clerk, shall keep a jury box. After the jury list has been made, the municipal judge or the court clerk shall prepare separate slips containing the name of each person on the jury list. The slips shall be included in the jury box for jury selection. (Ord. 1018 § 4, 2012: Ord. 235 § 5, 1959)
2.20.060 Drawing of jury.
When a jury is requested, the municipal judge or, under his/her direction, the court clerk shall draw six slips from the jury box of the 15 summoned potential jurors, in the presence of the city prosecutor as well as the defendant and/or the defendant’s attorney, to be seated. Each of the 6 jurors shall be seated in sequential number order beginning with the number one. (Ord. 1018 § 5, 2012: Ord. 407 § 2, 1971: Ord. 235 § 6, 1959)
2.20.070 Jurors—Failure to appear.
It shall be unlawful for any person who has been served with a lawful summons or subpoena to willfully, or without a prior excuse based upon good cause and approved by the municipal court, fail to appear as required. The municipal judge may hold any prospective juror who disregards a summons for jury duty in contempt of court and may punish said juror by a fine or imprisonment, or both. (Ord. 1018 § 6, 2012: Ord. 235 § 7, 1959)
2.20.080 Peremptory challenges.
The defendant and the city will select the jury by each striking up to three potential jurors, alternately, commencing with the defendant. For each potential juror who is stricken, the municipal judge or, under his/her direction, the court clerk shall draw another slip from the jury box of the 15 summoned potential jurors as a replacement. This process shall continue until the defendant and the city have exercised all their desired peremptory challenges, but in no event shall either party exercise more than three. After seating six jurors, the municipal court may appoint alternate jurors from the remaining slips in the jury box. No alternate juror shall be summoned to serve at the trial of the action except when six principal jurors are not available. (Ord. 1018 § 7, 2012: Ord. 235 § 8, 1959)
2.20.090 Summons to jurors.
A. When a jury is requested, the municipal judge or, under his/her direction, the court clerk shall draw 15 slips from the current jury list of all eligible potential jurors. The court clerk shall summon the jurors for jury duty by giving each of them written notice by mail or by personal service under Oregon Rules of Civil Procedure (ORCP) 7D. The notice shall state the juror is required to appear in the municipal court at the time and place stated in the notice to serve as a trial juror, and provide such other information as the court clerk deems necessary. The written notice shall be issued a reasonable period of time before the day upon which the juror is required to attend.
B. Notwithstanding the notice requirements of subsection (A) of this section, if at the time of trial there are insufficient jurors to complete the jury, the municipal judge may order a peace officer to bring before the judge such persons who qualify as a juror so that the judge may order their participation in the trial before the court. (Ord. 1018 § 8, 2012: Ord. 235 § 9, 1959)
2.20.100 Trial jury.
The six persons drawn and summoned as hereinabove provided shall constitute the jury for the trial of the cause then pending before the municipal court of the city. Neither party shall be entitled to a peremptory challenge as to any of the six jurors but if any of the six jurors are found to be disqualified by challenge for cause, their places on the jury shall be filled by drawing from the jury box by the municipal judge in the manner hereinabove stated and subject to being disqualified for cause. (Ord. 235 § 10, 1959)
2.20.110 Conduct of trials.
Trials shall be conducted as trials in justice courts and the rules of evidence shall be the same as in state courts and shall include applicable statutes of the state regarding the introduction or admission of evidence. (Ord. 235 § 11, 1959)
2.20.120 Verdicts.
All jurors sworn to try the cause must concur to render a verdict. (Ord. 875 § 3(C), 1997: Ord. 235 § 12, 1959)
2.20.130 Payment of jurors.
Those jurors notified and who appear at trial shall receive compensation from the city in the amount stipulated by ORS 10.061 for each day of attendance upon the municipal court. (Ord. 927 § 1, 2001: Ord. 235 § 14, 1959)
2.20.140 Powers of the municipal judge—Municipal judge—General responsibilities.
A. The municipal judge shall be the judicial officer of the city and shall hold court within the city known as the Sutherlin Municipal Court. The judge shall exercise original jurisdiction over all crimes and offenses committed in the city and made punishable by this code.
B. The municipal judge shall have all the inherent and statutory powers permitted by law to be conferred on the judge, including but not limited to issuing process for the arrest of any person charged with an offense, committing persons to jail for commission of an offense, ordering restitution, requiring a person to post bail pending trial, issuing subpoenas, compelling witnesses to appear and testify in court, compelling obedience of court orders, issuing any process to carry into effect the judgment of the court, punishing people for contempt of court and issuing warrants.
C. The municipal judge may, in the judge’s sole discretion, authorize the police chief or the chief’s designee to cite and release a person pursuant to a misdemeanor security release agreement if the police chief or the chief’s designee has probable cause to believe that the person has committed a misdemeanor. The security release agreement shall be on a form authorized and provided by the court. Unless otherwise permitted by the municipal judge, the chief or the chief’s designee shall have no authority to issue conditions upon a person conditionally released other than those set forth on the form authorized and provided by the court. (Ord. 1033 § 1, 2013: Ord. 1018 § 9, 2012: Ord. 235 § 15, 1959)
2.20.150 Imprisonment—Credit against fine.
Whenever a person has been fined for violation of any ordinance of the city, or a state statute under the jurisdiction of the municipal court, and the person has been held in con-tempt for nonpayment of a fine, there shall be given credit against the fine the sum of at least twenty-five dollars ($25.00) for every day the person is confined or imprisoned. (Ord. 543 § 1, 1977)
2.20.155 Right to counsel.
Any person charged with an offense for which the person could, if convicted, be sentenced to jail shall have the right to an attorney. The municipal judge shall allow a person charged with such an offense reasonable time and opportunity to obtain counsel. (Ord. 1018 § 10, 2012)
2.20.160 Court-appointed attorney—Fee.
The municipal judge shall appoint suitable legal counsel for a person who is charged with an offense for which the person could, if convicted, go to jail, provided it appears to the judge that the person charged is without financial means to obtain legal counsel and the person charged with the offense:
A. Requests appointment of legal counsel;
B. Files a verified financial statement with the court and provides other information under oath showing that the person is financially unable to retain legal counsel;
C. Provides any information requested by the court regarding the person’s inability to obtain legal counsel; and
D. Agrees to pay the court appointed attorney’s fees as part of the person’s sentence, if the person is convicted. (Ord. 1018 § 11, 2012: Ord. 927 § 2, 2001: Ord. 587 § 1, 1978)
2.20.170 Schedule of court costs and fines—Imposition of costs and schedule.
Whenever the judge of the municipal court of the city imposes a fine or orders bail forfeiture as a penalty for the violation of any city ordinance, including violation of state law punishable in the municipal court, court costs shall be paid by and collected from the defendant(s) as provided in the Sutherlin Municipal Code. (Ord. 1018 § 12, 2012: Ord. 928 § 1, 2001; Ord. 689 §§ 1—3, 1982)
2.20.180 Municipal court judges pro tem.
The offices of Municipal Judge Pro Tem are hereby created. The Council may appoint one or more municipal judges pro tem to serve when the municipal court judge is absent from the city, incapacitated, or otherwise unable to discharge the duties of municipal court judge. If the Council has appointed more than one municipal judge pro tem, the City Manager shall assign, on a matter by matter basis, a municipal judge pro tem to serve when the municipal court judge is absent from the city, incapacitated, or otherwise unable to discharge the duties of municipal judge. When assigned to a matter, a municipal judge pro tem shall have all the powers and authority of the municipal judge. Any municipal judge pro tem shall be licensed to practice law in the State of Oregon and shall be in good standing with the Oregon State Bar at any time the municipal judge pro tem is engaged in official duties. (Ord. 1063 § 1, 2018)