Loading...
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 page 2 - ORDINANCE No. 65 __ ;x 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 Page 3 ORDINANCE No. 65 - r � ,_ . z`