Ordinance No. 65-06 CITY OF TIGARD, OREGON
ORDINANCE NO. 65- _4L—
AN
4L--AN ORDINANCE PRESCRIBING PROCEDURES AND FEE REQUIREMENTS
FOR TRIAL BY JURY IN CRIMINAL CASES IN THE MUNICIPAL COURT OF THE
CITY OF TIGARD, AND DECLARING All Zr!Z.RGZNCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
Section 1: Right of Trial bJur . - In all prosecutions for any
r crime or of ansa de ined and made punishable by any pro-
"i vision of the City Charter of Tigard or ordinance of the City of
f Tigard, the defendant shall have the right of trial by jury of six
i., number.
Section 2: Pre aration oof. jury -List. The City Recorder shall
Znruing' their
fst teen (15) days of each calendar year
make a list of the most competent permanent citizens of the City by
selecting names by lot from the latest tax rolls or registration
books used at the last city election, or both, and this shall be
denominated"Preliminary Jury Listq. From the preliminary jury list
the names of those persons who are
•not qualified to act as jurors in
accordance with the requirements of §10.030 O.R.S. and the names of
i those persons who are entitled to exemption from jury duty as pre-
scribed in $10.040 O.R.S., shall be deleted and the remaining names
shall constitute the jury list. The names of those persons deleted
from the preliminary jury list shall be placed on a separate list
denominated "Rejected Prospective Jurors ' and opposite each such
name the reason for removing the same shall be set forth.
The total number of names on the jury list shall be not less
than 50 nor more than 250. The jury list shall contain the Christian
name and surname, place of residence and occupation of each person
named therein, and the list thus prepared shall be certified by the
gw` City Recorder and placed on file in his office within 10 days from
the date it is prepared.
Section 3: Jury Box. - The City Recorder shall keep in his office
a suTficient box carefully secured which is denominated
the "Jury Box". -After the jury list is filed, the City Recorder
shall destroy all jury ballots remaining in the box and shall prepare
r and deposit in such box separate ballots containing the name, place
of residence and occupation of each person embraced in the list, and
folded as nearly alike as practicable so that the names cannot be
seen.
Section 4: Selection of JurX from Jury List. When ajury is
eman e n t e un c ps Court or the City of Tigard,
} the jury must be drawn and selected from the jury list of the City.
When a jury is to be selected from the list, the Municipal Judge or
the City Recorder must draw from the Jury Box, in the presence of
the defendant or his counsel (attorney at law) twelve (12) ballots,
or any greater number if necessary, until thenamesof 12 persons
Page 1 - ORDINANCE No. 65 - G
°4... .. if
t
who are deemed able ipaltJudgeaorthe
Citytime
Recorderlmustrequired
andare
file
obtained. The Municipal g
the list of the 12 names thus drawn.
If it appears to the Municipal Judge or the City Recorder
rom the
that a person whose name is drawn is dead orphas
rsetovtheed fMunicipal
City, the ballot must be destroyed. If it a p person
.T,.Ac,e nr Recorder, or if he has good reason to believe, that a
whose name is drawn is Temporarilyy absent from the City or is
ible tattend tthe md
unwell or so ngaged asito be ury n ence, theballotmust belaidasidee
required withglist
without the name thereon being entered on the drawn
to the box when the drawing is completed. A P
drawn is deemed able to attend and his name is deemed to be entered
on the list except as otherwise herein provided.
When the drawing is completed, from the 12 names drawn
mes
the parties must select a jurybystgThe from tremaining €,he list 3 amust be
aiterna%c,y, is entit-4
co.0 asci=so c_,., t. defendant.
summoned as rrors in the ca
challenge asdtoeany eofpthe six jurorsG�after to to a Pe
mp Y
The names of the six jurors so selected must be inserted
in the Order to Summon a Jury, together with the names of the par-
ties, date, time and place at which the trial is to be held, and the
Order shall require the jurors to appear at said date, time and place.
The Order shall be signed by the Municipted to phal Judge or the City Re-
Therei
actDf iinchis behal£,Cice or to any
coemmandingf of lhim to summon
policeman
said per in accordance with said Order, and he shall make
his return of service to the court at its opening.
If € person duly summoned to attend as a juror fails to
attend as required, or to give a valid excuse therefor, he may be
Jud a of the City of Tigard in a sum not to
Fined by the Municipal Ju
exceed Ten Dollars ($10.00.
' Section b• Jur Fees. - Any defendant desiring a jury trial shall
m".e ap p�cation therefor in writing prior to the time
me of
of the tforlaand
ursh�he sull m oftThirtywith tDollarhe s ($30r00).der atInhthe ievent
the defendant be found "not guilty", the deposit shall be returned
to hi m upon conclusion of the trial.
Section 6: State statutes to owern.
When not governed by this
o- ?nonce or y tfie City Charter, all proceedings with
respect to selection of a )try in the Municipal Court for violation
of a city ordinance shall be governed by §221.349 O.R.S. and the
applicable general laws of the State governing justice of the peace
and justice courts.
there
xists no
F Section o7: ptesentcy1147 elaective ordinance orch schartereprovision of
the City of Tigard providing for the carrying into effect within the
City of procedures for trial by jury in criminal cases, it is nec-
essary for the immediate preservation of the peace, health and
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f
safety of the people of the City of Tigard that such procedures
be prescribed, and an emergency is hereby declared to exist, and
this ordinance shall become effective upon its passage by the Council
and approval by the Mayor.
PASSED: By unanimous vote of all Council members present after
being read first in full and then by title, this 12th
day of �_, 1965.
Recorder - City. Tigard
Pro Tem
AYMOD: By the Mayor, this 2.2th day of April 1965.
Mayor - City of Tigard
A
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