Ordinance No. 72-29 CITY OF TIGARD, OREGON
ORDINANCE No-72-
AN ORDINANCE PRESCRIBING PROCEDURES WITH RESPECT TO OFFENSES
UNDER ORDINANCES OF THE CITY OF TIGARD TRIABLE IN THE MUNICIPAL COURT;
PRESCRIBING PROCEDURES FOR TRIAL BY JURY AND GENERALLY.; PROVIDING FOR
SECURITY FOA COSTS IN CERTAIN CASES; PROVIDING FOR APPOINTMENT OF
COUNSEL FOR INDIGENT ACCUSED; ESTABLISHING DEFENSE FUND FOR INDIGENT
DEFENDANTS; PROVIDING FOR PROCURING, ATTENDANCE AND TESTIMONY OF
WITNESSES AND PAYMENT OF WITNESS FEES; REPEALING Ordinances Nos. 65-6,
57-30 and 69-85, AND DECLARING AN EMERGENCY.
THE CITY OF TIGARD ORDAINS AS FOLLOWS:
CHAPTER I - GENERAL PROVISIONS
Section 1: This ordinance shall be known as the "CITY OF TIGARD
COURT PROCEDURES ORDINANCE OF 1972" and may be cited
as such.
CHAPTER I.T. - MUNICIPAL COURT
Section 1: Municipal Judge. The office of Municipal Judge of the
City of Tigard as provided by Section 10 of Chapter III
of the Charter, shall be held by one incumbent who shall be appointed
by the Mayor with the consent of the City Council, and may be removed
s
by the,Mayor with the consent of the Council.
r The compensation of the Municipal Judge shall be fixed
by resolution of the City Council.
Section 2: Pro tem ore Munici al Jud e(s). The office of Pro tempore
Municipal Judge of the Munic pal Court of the City is
" hereby created. One or more pro tempore municipal judges may be
incumbent at any given time. The holder(s) of the office shall be
subject to appointment and removal in like manner as herein provided
with respect to the Municipal Judge. A pro tempore municipal judge
shall act only when the Municipal Judge is unable to perform his
duties by reason of absence from the city, illness, vacation of-dis-
qualification, as provided by 5221.3118 ORS, and in such circumstances
the Mayor is hereby empowered to designate one of the pro tempore
judges to serve in lieu of the Municipal Judge.
The pro tempore municipal judge shall be compensated on
a per diem basis as determined from time to time by resolution of the
City Council.
Page 1 ORDINANCE No-72- 717�
"Court Procedures Ordinance of 1972"
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Section 3: Qualification of Judges: The incumbent in the office
of Municipal Judge and each of the offices of pro tempore
/ municipal judge shall be a person in good standing to practice law
` before the Supreme Court of the State of Oregon.
Section 4: Powers of Munjis Judge: The Municipal Judge when act-
ing as such, and the pro tempore Jude designated to act
as such when so acting, shall perform all theduties and have all the
inherent and statutory powers of a justice of the peace within the
jurisdictional limits of the office of municipal ,judge.
Section 5: Time for Holding Court. The Municipal Judge shall estab-
lish by order a regular time and regular place for hold-
ing court sessions. In addition, municipal court may be held at such
other times as the judge deems reasonable and necessary for the pro-
tection of the rights of persons accused of violation of city ordinances.
CHAPTER III - PIUNICIPAL COURT TRIALS
A - TRIAL BY JURY:
Section 1: In all prosecutions for any crime or offense defined and
made punishable by the Charter or Ordinances of the City
of Tigard, the defendant shall have the right to trial by .jury of sax
in number.
Section 2: Preparation of Jur _Liat. As of the first days of Janu-
arY, and' July each near;::' the City Recorder shall
select not less than 18 names of persons from either the latest tax
roll or registration books used in the last city election, in the sane
manner as juries are selected for circuit courts pursuant to Sections
221.349 and 10.110 ORS. The jury list shall contain the Christian
name and surname, place of residence and occupation of each person
named therein, and the list prepared shall be certified by the City
Recorder and maintained on file in the Recorder's office.
No person shall be required to serve more than one term
during any calendar year.
Section 3: Jury Box. The City Recorder shall keep in his office a
sufficient box carefully secured which is denominated
the "Jury Box". After the jury list is filed, the Recorder shall
prepare
destroy all jury ballots remaining in t he box g thehnaalne, place ofd
deposit: in such box separate ballots containing
residence and occupation of each person embraced in the list, and
folded as nearly alike as practicable so that the names cannot be ;peen
Section 4: Selection of Jury from Jury List. When a Jury is demanded
in the idunicipal Court of the City of Tigard, the j>>ry
must be drawn and selected from the Jury List of the City. the Mun-
icipal. Judge or the City Recorder must draw from the Jury Box, in the
twelve (12)
presence of the defendant or his counsel (attorney at law) !
ballots, or any greater number if necessary, until the names eq i2
persons,who are deemed able to attend at the time and place required
are obtained. The Municipal Judge or City Recorder must make and file
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the list of the 12 names thus drawn.
Page 2 ORDINANCE No-72-
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"Court Procedures Ordinance of 2972"
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Chapter III - Trial by Jury
If it appears to the t4unicipal Judge or the City Recorder
that a person whose name is drawn is dead or has removed from the City,
the ballot must be destroyed. If it appears to the Municipal Judge
or Recorder, or if he has good reason to believe, that a nerson whose
name is drawn is temporarily absent from the City or is unwell or so
engaged as to be unable to attend at the time and place required with-
out great inconvenience, the ballot must be laid aside without the
name thereon being entered on the list drawn., and returned to the box
when the drawing is completed. A person whose name is drawn is deemed
able to attend and his name is deemed to be entered on the list except
as otherwise herein provided.
The names of the 12 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 atsaid 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 auth-
orized to act in his behalf, commanding him to summon the said persons
in accordance with said Order, and he shall make his return of serv-
ice to the Court at its opening.
The Court may impose a fint not exceeding $10. upon a
juror who without reasonable cause neglects to attend the court
session to which summoned.
Section 5: Compensation for Jurors. Each juror sworn as a member
of a trial panel in the Municipal Court of the City of
Tigard, ahall be entitled to a fee of $10.00.
Section 6: State Statutes to Govern.
(a) To the extent not herein specifically provided, all pro-
ceedings with respect to selection of juries, swearing of furies, 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
of the City of Tigard.
B - TRIAL AND CRIMINAL PROCEDURE GENERALLY
Section 7: Piling Complaint by Private Person as Commencement of
an Action. In Municipal Court, a criminal action is
commenced by the filing of the complaint therein, verified by the oath
of the person commencing the action, who is thereafter known as the
complainant.
Section 8: Cooaplaint is Deemed an Indictment to Determine Sufficiency.
` f The complaint shall be deemed an indictment within the
meaning of GRS 132.510 to 132.570, 132.590, 132.610 to 132.6903 132.710
and 132.720, which sections,prescribe what is sufficient to be stated
fi-
in such pleading and the form of stating it, except that the suf said
ciency of a Uniform Traffic Citation shall not be controlled by
sections.
Page 3 - ORDINANCE No. 72-
"Court Procedures ordinance of 1972''
µ' Chapter III - Trial and Criminal Procedure Generally
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7 or receiving the com-
Before Pilin, judge may
c Se^unit for Costs. the muni.,ipal j disburse-
Section 9. P in a criminal action, for costs and
----� faint deposit as secuxltY
require the complainant to , Defense
moots the sum of $25.00. _ indi ent Defendant s
in Criminal Cases
Costs `� of $5.00 as and
recti_ °n qw 10' Fund. ssess the s in each
al judge shall aailt by the Court and
a Tine
municipal finding of g municipal
(-� every case of c}iarge of Violation a the muniC-
for costs f bail farfeiturofoa finding of guilt, by costs.
instance o£ in every case of $35•p0 as and for
ordinance• shall assess the sum to the City Recorder.
ipal judge be paid over general fund of
(b) All costs collected shall ,Indigent Def?ndant's
a subsidlary of the g
hereby estab?1 shed as account desiRrnated Costs collectedsto
There is ecial Crcdit all
the City of `lt. The City Recorder tv iefen`7e Fund° 1 creditIntil additional
Defense Fund „Indigent Defendant r00., and shall in said fund
designated Of balance mall be
such nulated therein the suzn to maintalJoaCollected
been aco+v as may be necessary of funds
00. Any overPlus Tigard- 5
costs collected the City of of the
of aPproxiaatel general fund of the filing
credited Issues. Upon a warrant of
Arrest judge issue
Sect' comllthet 2-f municipal ' e shall
lain-v ed therein.
for
the defendant nam Return of Warrant
arrest Execution and a Criminal actioeCts
Issuance Reouisites of arrest in all resp
Seti�On-=2 of Arrest. A warrant directed and executed inall
be made
dire except that it
co�--ur--t'is
issue
133.140,
in a municiPal mentioned in judge who issues it.
as the warrant before the
returnable only made without a
Citations to iE:isdemea an arrest is is turned
sect" citizen and
police officers and byi a Private whom a com-
(a) Cits P is arrested a1 judge before coati uing
warrant: orea�PaPerson officer, or if iscueuai ciliation in freed°fy
authorizes and *canner authori� b
over to a. P rites it,
Plaint is filed the form
Custody in those cases in itunici-
oBs 133.045 to 133.080 inclusive. to appear before the
fails issued and
wi1fu11Y t to a Oltationinclusive, and
(b} If any PercP Tigard Pursua pus to 133.080, he sha11 be
pal r the city ORS 133• fI e
Court °" the a.uthoritY °f and a complaint 1. upon Con
pa
under ,ion, e and shaQr9by risco
of this sec` tris ordinanc imp
violation of f more than $ 0% six C6) months,
subsection�(f�o� a a fine �:f not more
deemed ru- punished by icipal ja-1 for not
viction, oe county or y
ment in the , to plead.
or both. to Defendant;un Defend e"'the
in Com faint Gr is brought before
ears p d to him and he shall
Section y4: Read defendar_t aPP time as the
_ -- Valeo the faint shall be
al judge, the comp wi'chin suchdditional
municipal that time or entry of Plea'
plead thereto atthat
grant for
municipal
3 udgo
ORDINANCE Na. 72-� of 1972"
page 4 ordinance
Cour " Criminal Procedure Generally
"Court Procedures
ter III - Trial an
Chap. .... ...,_
Section 15: RIEht of Counsels Obtaining Counsel, Court Appointment
'� of Counsel,
(1) ;,Then a defendant who is charged with violation of a munic-
ipal ordinance for which a jail sentence may be imposed, appears before
the municipal judge without counsel, he shall be informed by the court
that it is his right to have counsel before any further proceedings
are had and shall be asked if he desires the aid of counsel.
(2) The court shall allow the defendant a reasonable time to
obtain counsel and shall adjourn the proceeding for that purpose or
shall, in accordance with subsection (3) of tis section, appoint
counsel to represent him unless the defendant waives counsel and the
court approves the waiver.
(3) Counsel for a defendant shall be appointed by the munic-
ipal court if:
a. The defendant is charged with a violation of a
municin_al ordinance for which a ,)ail sentence may be imposed,
and
b, The defendant requests the aid of counsel, and
c. The defendant states under oath, in writing, his
financial circumstances showing lack of ability to obtain
counsel, and provides such other information required by
the court as to his inability to obtain counsel, and
d. The court determines that the defendant is with-
out means wherewith to obtain counsel,
(4) Unless otherwise ordered by the Municipal Court, the
counsel appointed under this section shall continue to represent the
defendant on appeal to the Circui� Court„ The court may substitute
one appointed counsel for another at any stage of the proceedings
when the interest of justice requires such substitution.
(5) if at any time after the appointment of counsel the court
finds that the defendant, is financially able to obtain counsel or to
make partial payment for the services of counsel, the court may ter-
minate the appointment of counsel or may require such partial payment.
If at any time during the proceedings the court finds that the de-
fendant is financially unable to pay counsel, the court may appoint
counsel to represent defendant as provided in this section.
(6) Counsel appointed pursuant to subsection (3) of this
section shall, after the court so orders, be paid fees by the City
for the services rendered in conducting the defense, as follows:
a. When a plea of guilty is entered prior $25.00
to trial onmerits
b. When a plea of not guilty is entered
and advercavy trial on the merits is conducted $25.00
j c. ldhen defendant is charged with more
than one offense for which jail sentence may
be imposed and defendant is tried on all $50,00
charges concurrently
d. After an appeal and trial on the 50,G0
merits is had in the Circuit Court
Page 5 - ORDINANCE No,72-_a_�__
"Court Procedures Ordinance of 1972"
Chapter ISI - Trial and Criminal Procedure Generally
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Section 16: Defendant's Plea- Refusal to Plead. The defendant may
plead the same pleas as upon an indictment. His plea
shall be ural and entered in the docket. If the defendant refuses to
plead, the municipal Judge shall enter the fact, together with the
plea of not guilty, on his behalf.
Section 17: Trial by Court or Jury. Upon a plea other than a plea
oa guilty, if the defendant does not then demand a trial
by ,jury, the municipal ,judge shall proceed to try the issue unless
continued for cause.
Section 18: Tn ured Person Rust Appear.or be Sum. No Judgment
of conviction or acquittal can oe glen in a criminal
action in Municipal Court unless the person injured appears or is
subpenaed to attend the trial as a witness.
Section 1 : Demapd for and Selection of Jury. If a trial by Jury
9.s demanded, a ;jury shall be selected and summoned in
the manner provided in this Ordinance.
Section 20: State Statutes to Govern. When not governed by this
Ordinance or by the City Charter, all proceedings prior
to Judgment with respect to criminal actions in Municipal Court for
the violation of a City ordinance shall be governed by applicable
general rules of the state governing Justice of the peace and ,justice
courts.
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#; Page ;6 - ORDINANCE No-72- ss
f "Court Procedures Ordinance of 1372"
Chapter III - Trial and Criminal Procedure Generally
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CHAPTER IV - PROCURING AND ATTENDANCE: OF WITNESSES
Section. 1: Subpoena .Purpose and BY '+1nom Issued. The process by
which the atteridanFe of witnesses Uefore the Municipal
Court of the City of Tigard is required, is a subpoena.
The subpoena may be issued
(a) By the Municipal Judge of the City of Tigard
(b) By the City Recorder, acting as Clerk of the
Municipal Court
(c) By the City Attorney
(d) By the attorney of record for the party in whose
behalf the witness is required to appear
The subpoena shall be subscribed by the signature of the
Municipal Judge, City Recorder, City Attorney, or by the signature
of the attorney of record.
Section 2:. Number of Subpoenas. Upon application of a defendant,
'- the Ptunicipal Judge yr the Clexk of the Municipal Court
in which a complaint or citation is pending for trial, shall at the
expense of the City issue in blank subpoenas subscribed by the Judge
or Clerk respectively for not to exceed three (3) witnesses within
Lhe jurisdIction, provided, however, that any defendant may have sub-
of witnesses at his own expense.
poenas issued for any number
Section 3: Form of Subpoena.
(a) The form of subpoena to be used within the�City
tof Tigard
at the
shall be substantially that set forth in ORS 139. 7 p
attendance thereby required shall be issued in the name of the City
of Tigard and the attendance shall be required in �hh�P43enitc Q� nCourt
of the City of Tigard at a time andplace therein V
(b) If books, papers or documents are required, a direction
to the fnilowing effect shall be added to the form as set forth in
ORS 139.070: " • . . and you are required also to bring with you
the 139.070:followin (describe intelligibly the book, papers or documents
required)
Section A:a By Whom Subpoena Served: A subpoena may be served by
the defendant, or any other person over eighteen years
Of age, and shall be served by the Chief of Police or under his
direction within the City of Tigard when delivered to him for service
either to a Witness on the part of the City or on the part oi' th.
defendant.
Section 5: Manner of Serving Sub by ena. The subpoena shall be
prepared in duplicate and shall be served by delivering
a copy tothewitness personally, ng
and the original shall be
to the Clerk of the Court with proof of service made in the same
mariner as in the service of summons.
PAGE 7 - ORDINANCE No.72--
"Court Procedures Ordinance of 19727P
Chapter IV Procuring and Attendance of Witnesses
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Section 6: Witness bees. The fees of witnesses required to attend
the Muniefpil Court of the City of Tigard shall be $5.00
for each day or any part thereof in attendance before the !Municipal
Judge.
Every witness who is required to travel in order to
execute or perform his duties as a witness, from any point outside
the City limits of Tigard, is entitled to mileage at the rate of eight
ce,its ($0.08) per mile and nc more in going to and returning from the
place where the service is performed.
Section 7: Witness Fee Book; ClaiminF11itness Fees. The Cleric of
Fie Municipal Court, on application 6T a witness sub-
poenaed to attend Municipal Court, shall enter in the fee book under
the title of the action in which the witness was subpoenaed or recog-
nized, the ncuaber of days attendance and the number of miles neces-
sarily traveled ir. consequence of the subpoena. The Clerk shall swear
the witness to the statement contained in that entry. The witness
fees and mileage of a witness in the Municipal Court shall be claimed
within fifteen (15) days after the appearance of the witness pursuant
to the subpoena, and not afterwards.
Section S: Testimony of Witness. Any person present in court or
before the 1,46nicipal Judge may be required to testify
in the same manner as if he were in attendance before the court upon
a subpoena.
Section 9: Contempt. Disobedience to a subpoena or refusal to be
sworn or answer as a witness when required, may be pun-
ished as a contempt by the court before whom the witness is required
to attend.
Section 10: ADDlicabl:e Statutes Adopted. sections 44.310, 44.320,
30, .3 t0, I.350, n�•3 0 and X44.370 Oregon Revised Statutes
with respect to oaths and affirmations of witnesses, by virtue of.
authority of ORS 221.330, are hereby adopted by this reference, section
by section, paragraph by paragraph, word by word, in the entirety in
all respects to the same legal force and effect as if set forth
herein in full
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Page 8 - ORDINANCE No.72-%Z
"Court Procedures Ordinance of 197211
Chapter'IV Procuring and Attendance of Witnesses '
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CHAPTER V - REPEALER AND EMERGENCY CLAUSE
Section l: Repealer. That ordinances numbered 65-5, u7�-30 and
59-85 be, and the same are, hereby repealed, effective
with the date of this Ordinance.
Section 2: Emergency Clause. Inasmuch as it is necessary for the
peace, hee.lth and safety of the people of the City of
Tigard that the provisions of this ordinance be placed into effect
with the least possible delay, to assure orderly governmental process,
an emergency is hereby declared to exist, and this ordinance shall
be effective upon its passage by the Council avid approval by the Mayor.
PASSED: By unanimous vote of all Council members present after
being read three times by number and title only,
This ?1_day of Parch, 1472
F Recorder - City of Tigra2ld
APPROVED: By the Mayor, this day of March, 1472.
a
M r - City of Tigard
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Fag e 9 _ ORDINANCE No.72—fiq
"Court- Procedures Ordinance of 1972"
CEapt:er V'- Repealer and Emergency Clause
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