Ordinance No. 02-08 CITY OF TIGARD, OREGON
ORDINANCE NO. 02- O'�
AN ORDINANCE REPEALING CHAPTER 2.20 ("JURY TRIAL") OF THE TIGARD MUNICIPAL
CODE
WHEREAS, Chapter 2.20 of the Tigard Municipal Code provides for jury trial in cases where
imprisonment may be imposed and establishes the procedures for summoning and reimbursing jurors; and
WHEREAS, staff review has shown that the same mandatory rights and procedures are prescribed in
Chapters 10 and 221 of the Oregon Revised Statutes;and
WHEREAS, repeal of this section makes it unnecessary to revise the Code as the legislature amends the
Oregon statutes that govern the right to trial by jury,jury selection and juror compensation.
NOW, THEREFORE, THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Chapter 2.20 of the Tigard Municipal Code(Exhibit A)is hereby repealed in its entirety.
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council, signature by
the Mayor, and posting by the City Recorder.
PASSED: By U.nmti>u1.Z vote of all Council members present after being read by number
and title only,this day of 2002.
Catherine Wheatley, City Recoiber
APPROVED: By Tigard City Council this /ate day of .U,. 12002.
�Mes E. Mfith, r
Approved as to form:
Attorney
vcz
Date
ORDINANCE No. 02-(f6
Page 1
TIGARD MUNICIPAL CODE
EXHIBIT A
Chapter 2.20 JURY TRIAL*. any reason the preparation of the preliminary jury
list is omitted or neglected on the first Monday in
Sections: January or July of each year, it may be prepared
on Monday of any week following, to serve until
2.20.010 Defendant's Right To Jury the end of the term and until another list is
Trial. prepared. The jury list shall contain the first name
2.20.020 Preparation Of Jury List. and surname, and place of residence of each
2.20.030 Selection Of Jury From Jury person named therein, and the list prepared shall
List. be certified by the City Recorder and maintained
2.20.040 Compensation For Jurors. on file in the Court's office.
2.20.050 State Statutes To Govern.
No person shall be required to serve more
2.20.010 Defendant's Right To Jury than one term during any calendar year. (Ord. 85-
Trial. 26 §1(part), 1985).
In all prosecutions for any crime or offense 2.20.030 Selection Of Jury From Jury
defined and made punishable by the Charter or List.
City ordinances, the defendant shall be tried and
determined without the intervention of a jury, When a jury is demanded in the Municipal
except in cases where imprisonment may be Court of the City of Tigard, the jury must be
imposed. Either party in a criminal action may drawn and selected from the jury list. The
demand a jury where one is allowed, but such Municipal Judge or the City Recorder must draw
demand, to be effective, must be made, or from the jury box, in the presence of the
postmarked, fifteen calendar days after the entry Municipal Court Clerk twelve ballots, or any
of a plea of "Not Guilty" to the charge or fifteen greater number if necessary, until the names of
calendar days prior to the commencement of trial, twelve persons who are deemed able to attend at
whichever is sooner. the time and place required are obtained. The
Municipal Judge or City Recorder must make and
A jury trial in the Municipal Court shall file the list of the twelve names thus drawn.
consist of six persons, sworn to try and determine
the question or questions of fact, selected and If it appears to the Municipal Judge or the
drawn as provided in this code. The terms of City Recorder that a person whose name is drawn
Municipal Court shall be for a period of six is dead or has removed from the City, the ballot
months, beginning on January 1st and July 1st of must be destroyed. If it appears to the Municipal
each year. (Ord. 85-26 §1(part), 1985). Judge or Recorder, or if lie has good reason to
believe, that a person whose name is drawn is
2.20.020 Preparation Of Jury List. temporarily absent from the City or is unwell or
so engaged as to be unable to attend at the time
As of the first Monday of January and July and place required without great inconvenience,
each year, the City Recorder or Court Clerk shall the ballot must be laid aside without the name
select not less than fifty names of persons from thereon being entered on the list drawn, and
either the latest tax roll or registration books used returned to the box when the drawing is
in the last City election, in the same manner as completed. A person whose name is drawn is
juries are selected for circuit courts pursuant to deemed able to attend and his name is deemed to
ORS Sections 221.349 and 10.110--10.480. If for be entered on the list except as otherwise herein
2-20-1 SE Update: 11/01
TIGARD MUNICIPAL CODE
EXHIBIT A
provided.
The names of the twelve jurors so selected
must be inserted in the 'order to summon a jury,"
together with the names of the parties, date, time
and place at which the trial is to be held, and the
order shall require the jurors to appear at that date,
time and place. The order shall be signed by the
Municipal Judge or the City Recorder and a copy
thereof directed to the Chief of Police or to any
policeman authorized to act in his behalf,
commanding him to summon the persons in
accordance with the order, and he shall make his
retulu of service to the Cuult at its opening.
The Court may impose a fine not exceeding
twenty dollars upon a juror who without
reasonable cause neglects to attend the Court
session to which summoned. (Ord. 85-26 §1
(part), 1985).
2.20.040 Compensation For Jurors.
Each juror sworn as a member of a trial panel
in the Municipal Court, shall be entitled to a fee of
ten dollars for each day or fraction thereof. (Ord.
85-26 §1(part), 1985).
2.20.050 State Statutes To Govern.
(a) To the extent not herein specifically
provided, all proceedings with respect to selection
of juries, swearing of juries, and trial by jury in
Municipal Court, shall be governed by the
applicable general laws of the state of Oregon
governing Justice of the Peace and justice courts.
(b) All rules of evidence as provided
pursuant to state statutes shall be followed in all
jury trials in the Municipal Court. (Ord. 85-26
§1(part), 1985).
* For statutory provisions giving procedure for
trial by jury,see ORS 221.349.0
2-20-2 SE Update: 11/01