Chapter 10 — Juries
2011 EDITION
JURIES
COURTS OF RECORD; COURT OFFICERS; JURIES
GENERAL PROVISIONS
10.010 Definitions
10.020 Kinds
of juries
10.030 Eligibility
for jury service; discrimination prohibited
10.050 Excuse
from jury duty
10.055 Deferment
of jury service
10.061 Fees
payable to jurors; required waiver
10.065 Mileage
fee and reimbursement of other expenses
10.075 Payment
of per diem and mileage fees by state; payment of other expenses
10.080 Seeking
or offering to procure place on jury or list of jurors and selection of juror
pursuant to request prohibited
10.090 Prohibited
acts by employers against jurors; notice to jurors; remedy for violations
10.092 Insurance
coverage for employee during jury service; unlawful employment practice
10.095 Duty
of jury; instructions
10.100 View
of premises by jury
10.105 Jury
service term
10.107 Implementation
of “one day, one trial” jury service
10.115 Jurors
with disabilities
10.125 Security
for jury sequestered or kept overnight
SELECTION AND SUMMONING OF GRAND JURORS
AND TRIAL JURORS IN CIRCUIT COURTS
10.205 Selection
and summoning of jurors; identification numbers
10.215 Master
jury list; sources; contents
10.225 Term
jury list; contents; notice to persons whose names appear on list
10.235 Additional
jurors; selection; notice
10.245 Determining
eligibility of jurors; eligibility form; effect of false statements or failure
to respond
10.255 Record
of persons summoned to serve as jurors
10.265 Preservation
of jury orders, records and papers
10.275 Jury
challenges; request for access to confidential jury records; order allowing
disclosure; exclusive procedure
JURY OF INQUEST
10.810 Definition
10.820 Number
of jurors required to concur
PENALTIES
10.990 Penalties
GENERAL PROVISIONS
10.010 Definitions.
As used in this chapter, unless the context requires otherwise:
(1)
“Clerk of court” means the trial court administrator or any other nonjudicial officer or employee of the circuit court for a
county authorized by the presiding judge for the judicial district.
(2)
“Juror” means any juror or prospective juror.
(3)
“Jury” means a body of persons temporarily selected from persons who live in a
particular county or district, and invested with power to present or indict in
respect to a crime or to try a question of fact. [Amended by 1985 c.703 §1;
1995 c.658 §22; 1995 c.781 §21; 1997 c.801 §121]
10.020 Kinds of juries.
A jury is of three kinds:
(1)
A grand jury.
(2)
A trial jury.
(3)
A jury of inquest.
10.030 Eligibility for jury service; discrimination
prohibited. (1) Except as otherwise specifically
provided by statute, the opportunity for jury service may not be denied or
limited on the basis of race, religion, sex, sexual orientation, national
origin, age, income, occupation or any other factor that discriminates against
a cognizable group in this state.
(2)
Any person is eligible to act as a juror in a civil trial unless the person:
(a)
Is not a citizen of the United States;
(b)
Does not live in the county in which summoned for jury service;
(c)
Is less than 18 years of age; or
(d)
Has had rights and privileges withdrawn and not restored under ORS 137.281.
(3)(a)
Any person is eligible to act as a grand juror, or as a juror in a criminal
trial, unless the person:
(A)
Is not a citizen of the United States;
(B)
Does not live in the county in which summoned for jury service;
(C)
Is less than 18 years of age;
(D)
Has had rights and privileges withdrawn and not restored under ORS 137.281;
(E)
Has been convicted of a felony or served a felony sentence within the 15 years
immediately preceding the date the person is required to report for jury
service; or
(F)
Has been convicted of a misdemeanor involving violence or dishonesty, or has
served a misdemeanor sentence based on a misdemeanor involving violence or
dishonesty, within the five years immediately preceding the date the person is
required to report for jury service.
(b)
As used in this subsection:
(A)
“Felony sentence” includes any incarceration, post-prison supervision, parole
or probation imposed upon conviction of a felony or served as a result of
conviction of a felony.
(B)
“Has been convicted of a felony” has the meaning given that term in ORS
166.270.
(C)
“Misdemeanor sentence” includes any incarceration or probation imposed upon
conviction of a misdemeanor or served as a result of conviction of a
misdemeanor.
(4)
A person who is blind, hard of hearing or speech impaired or who has a physical
disability is not ineligible to act as a juror and may not be excluded from a
jury list or jury service on the basis of blindness, hearing or speech
impairment or physical disability alone.
(5)
A person is ineligible to act as a juror in any circuit court of this state
within 24 months after being discharged from jury service in a federal court in
this state or circuit court of this state unless that person’s service as a
juror is required because of a need for additional jurors. [Amended by 1971
c.630 §1; 1975 c.781 §4; 1977 c.262 §1; 1985 c.703 §2; 1989 c.224 §3; 1997
c.313 §8; 1997 c.736 §1; 2007 c.70 §4; 2007 c.100 §13; 2009 c.484 §13]
10.040
[Amended by 1961 c.454 §208; 1975 c.84 §1; repealed by 1979 c.728 §1]
10.050 Excuse from jury duty.
(1) A judge of the court or clerk of court shall excuse a person from acting as
a juror upon a showing of undue hardship or extreme inconvenience to the
person, the person’s family, the person’s employer or the public served by the
person. In applying this subsection the judge or clerk of court shall carefully
consider and weigh both the public need for juries which are representative of
the full community and the individual circumstances offered as a justification
for excuse from jury service. A person may request and be granted excuse from
jury service under this subsection by means of telephone communication or mail.
(2)
Notwithstanding ORS 10.030 (4), a judge may, by own motion, excuse a juror
whose presence on the jury would substantially impair the progress of the
action on trial or prejudice the parties thereto.
(3)
A judge of the court or clerk of court shall excuse a person from acting as a
juror upon the request of that person if the person is 70 years of age or
older. A person may request and be granted excuse from jury service under this
subsection by means of telephone communication or mail.
(4)
A judge of the court or clerk of court shall excuse a woman from acting as a
juror upon the request of the woman if the woman is breast-feeding a child. A
request for excuse from jury service under this subsection must be made in writing.
(5)
Unless the public need for juries in the court outweighs the individual
circumstances of the person summoned, a judge of the court or clerk of court
shall excuse a person from acting as a juror upon the request of that person if
the person is the sole caregiver for a child or other dependent during the
court’s normal hours of operation, the person is unable to afford day care or
make other arrangements for the care of the dependent, and the person
personally attends to the dependent during the court’s normal hours of
operation. [Amended by 1967 c.389 §1; 1975 c.160 §3; 1977 c.262 §2; 1977 c.631 §2;
1979 c.728 §2; 1985 c.703 §5; 1995 c.808 §1; 1997 c.313 §35; 1999 c.1085 §1]
10.055 Deferment of jury service.
(1) A judge of the court or clerk of court may allow, for good cause shown, a
person summoned to serve as a juror for a particular jury service term to defer
jury service to any other term beginning within one year after the end of the
term for which the person was summoned. Except as provided in this section, a
judge or clerk may not allow more than one deferral to a person under this
section. The name of a person allowed to defer jury service shall be included
with the names of persons to be summoned as jurors for the subsequent term to which
jury service is deferred.
(2)
A judge or clerk may allow more than one deferral of jury duty under this
section only for good cause. A person requesting a deferral under this
subsection must provide a list of not less than 10 dates within the six-month
period following the date of the request on which the person would be able to
commence jury duty. [1967 c.473 §2; 1969 c.176 §1; 1971 c.207 §1; 1975 c.342 §13;
1985 c.703 §6; 2011 c.377 §1]
10.060
[Amended by 1955 c.296 §1; 1971 c.358 §1; 1981 c.509 §1; 1985 c.703 §7;
repealed by 1999 c.1085 §3 (10.061 enacted in lieu of 10.060)]
10.061 Fees payable to jurors; required
waiver. (1) The fee of jurors in courts other
than circuit courts is $10 for each day that a juror is required to attend.
(2)(a)
The fee of jurors for the first two days of required attendance in circuit
court during a term of service is $10 for each day that a juror is required to
attend.
(b)
The fee of jurors for the third and subsequent days of required attendance in
circuit court during a term of service is $25 for each day that a juror is
required to attend.
(3)
Unless otherwise provided by the terms of an employment agreement, a juror must
waive the juror’s fee provided for in subsection (1), (2) or (4) of this
section if the juror is paid a wage or salary by the juror’s employer for the
days that the juror is required to attend a court, including a municipal or
justice court. The provisions of this subsection do not affect any claim a
juror may have for mileage reimbursement under ORS 10.065.
(4)
In addition to the fees and mileage prescribed in subsection (1) of this
section and ORS 10.065 for service in a court other than a circuit court, the
governing body of a city or county may provide by ordinance for an additional
juror fee and for city or county reimbursement of jurors for mileage and other
expenses incurred in serving as jurors in courts other than circuit courts. [1999
c.1085 §4 (enacted in lieu of 10.060); 2001 c.761 §3; 2001 c.779 §13; 2002
s.s.1 c.10 §3]
10.065 Mileage fee and reimbursement of
other expenses. (1) In addition to the fees
prescribed in ORS 10.061, a juror who is required to travel from the juror’s
usual place of abode in order to execute or perform service as a juror in a
court other than a circuit court shall be paid mileage at the rate of eight
cents a mile for travel in going to and returning from the place where the
service is performed.
(2)
In addition to the fees prescribed in ORS 10.061, a juror who is required to
travel from the juror’s usual place of abode in order to execute or perform
service as a juror in a circuit court shall be paid mileage at the rate of 20
cents a mile for travel in going to and returning from the place where the
service is performed. Mileage paid to a juror shall be based on the shortest
practicable route between the juror’s residence and the place where court is
held.
(3)
In addition to the fees prescribed in ORS 10.061, the State Court Administrator
may reimburse a juror who uses public transportation to travel from the juror’s
usual place of abode in order to execute or perform service as a juror in a
circuit court, without regard to the distance traveled by the juror.
(4)
In addition to the fees prescribed in ORS 10.061, a juror serving in circuit
court may be paid for lodging expenses, dependent care expenses and other
reasonable expenses that arise by reason of jury service. Expenses under this
subsection may be paid only upon written request of the juror, made in such
form and containing such information as may be required by the State Court
Administrator. The State Court Administrator shall establish policies and
procedures on eligibility, authorization and payment of expenses under this
subsection. Payment of expenses under this subsection is subject to availability
of funds for the payment.
(5)
A juror shall be paid the mileage and other expenses provided for in this
section for each day’s attendance at court.
(6)
The State Court Administrator shall establish policies and procedures on
eligibility, authorization and payment of mileage and expenses under
subsections (2) to (4) of this section. [1957 c.676 §1; 1971 c.358 §2; 1981
c.509 §2; 1999 c.1085 §5; 2002 s.s.1 c.10 §4]
10.070
[Repealed by 1957 c.676 §2]
10.075 Payment of per diem and mileage
fees by state; payment of other expenses. (1)
The per diem fees, mileage and expenses due to each juror in the circuit court
shall be paid by the state from funds available for the purpose. Payment shall
be made upon a certified statement, prepared by the clerk of court, showing the
number of days each juror has served and the amount due each juror for mileage
and other expenses.
(2)
If a jury in the circuit court is provided food, drink, lodging or
transportation by order of the circuit court, the cost thereof shall be paid by
the state from funds available for the purpose.
(3)
Each circuit court shall offer each juror the opportunity to waive receipt of
the per diem and mileage expenses otherwise payable to the juror for the
purpose of funding Judicial Department programs and activities identified by
the Chief Justice of the Supreme Court. All amounts waived by a juror under the
provisions of this subsection are continuously appropriated to the Judicial
Department programs and activities that are identified by the Chief Justice for
receipt of the waived amounts, and may be used only for the purposes of those
programs and activities.
(4)
This section does not apply to mileage and other expenses of jurors reimbursed
by a county as provided in ORS 10.061 (4). [1981 s.s.
c.3 §43; 1985 c.703 §8; 1999 c.1085 §6]
10.077
[Formerly 17.315; 1981 s.s. c.30 §60; repealed by
1985
c.703 §28]
10.080 Seeking or offering to procure
place on jury or list of jurors and selection of juror pursuant to request
prohibited. (1) A person may not ask or request any
sheriff, constable or any other person, whose duty it is under the law to
select or summon any jury or juror, to select or put the person upon the jury.
A person may not procure or offer to procure for the person or for another person
a place upon any jury or seek to have the person or another placed upon the
list of jurors that is required by law to be made.
(2)
A sheriff, constable or other person who has a duty under the law to select or
summon a jury may not select, summon or place upon any jury any person whom the
sheriff, constable or other person has been asked or requested to select or
summon. [Amended by 2003 c.14 §12]
10.090 Prohibited acts by employers
against jurors; notice to jurors; remedy for violations.
(1) An employer commits an unlawful employment practice under ORS chapter 659A
if the employer discharges, threatens to discharge, intimidates or coerces any
employee by reason of the employee’s service or scheduled service as a juror on
a grand jury, trial jury or jury of inquest.`
(2)
An employer may not require that an employee use vacation leave, sick leave or
annual leave for time spent by the employee in responding to a summons for jury
duty, and the employer shall allow the employee to take leave without pay for
time spent by the employee in responding to a summons for jury duty.
(3)
This section may not be construed to alter or affect an employer’s policies or
agreements with employees concerning employees’ wages during times when an
employee serves or is scheduled to serve as a juror.
(4)
When summoning jurors, the person whose duty it is under the law to summon
shall notify each juror of the juror’s rights under this section.
(5)
An employee who alleges a violation of subsection (1) of this section may bring
a civil action under ORS 659A.885 or may file a complaint with the Commissioner
of the Bureau of Labor and Industries in the manner provided by ORS 659A.820. [1975
c.160 §1; 1985 c.703 §11; 2011 c.118 §3; 2011 c.377 §3]
10.092 Insurance coverage for employee
during jury service; unlawful employment practice.
(1) An employer who employs 10 or more persons commits an unlawful employment
practice under ORS chapter 659A if:
(a)
The employer ceases to provide health, disability, life or other insurance coverage
for an employee during times when the employee serves or is scheduled to serve
as a juror; and
(b)
The employee elected to have coverage continued while the employee served or
was scheduled to serve as a juror, and the employee provided notice of that
election to the employer in compliance with the employer’s policy for
notification.
(2)
Notwithstanding ORS 652.610 (3), if, following an election described in
subsection (1) of this section, an employer is required or elects to pay any
part of the costs of providing health, disability, life or other insurance
coverage for the employee that should have been paid by the employee, the
employer may deduct from the employee’s pay such amounts upon the employee’s
return to work until the amount the employer advanced toward the payments is
paid. The total amount deducted for insurance under this subsection may not
exceed 10 percent of the employee’s gross pay each pay period.
(3)
Notwithstanding ORS 652.610 (3), if the employer pays any part of the costs of
providing health, disability, life or other insurance coverage for an employee
under subsection (2) of this section, and the employee ceases to work for the
employer before the total amount the employer advanced toward the payments is
paid, the employer may deduct the remaining amounts from any amounts owed by
the employer to the employee or may seek to recover those amounts by any other
legal means.
(4)
An employee who alleges a violation of this section may bring a civil action
under ORS 659A.885 or may file a complaint with the Commissioner of the Bureau
of Labor and Industries in the manner provided by ORS 659A.820. [2011 c.118 §2]
10.095 Duty of jury; instructions.
The jury, subject to the control of the court, in the cases specified by
statute, are the judges of the effect or value of evidence addressed to them,
except when it is thereby declared to be conclusive. They are, however, to be
instructed by the court on all proper occasions:
(1)
That their power of judging of the effect of evidence is not arbitrary, but to
be exercised with legal discretion, and in subordination to the rules of
evidence;
(2)
That they are not bound to find in conformity with the declarations of any
number of witnesses, which do not produce conviction in their minds, against a
less number, or against a presumption or other evidence satisfying their minds;
(3)
That a witness false in one part of the testimony of the witness is to be
distrusted in others;
(4)
That the testimony of an accomplice ought to be viewed with distrust, and the
oral admissions of a party with caution;
(5)
That in civil cases the affirmative of the issue shall be proved, and when the
evidence is contradictory, the finding shall be according to the preponderance
of evidence;
(6)
That in criminal cases a person is innocent of a crime or wrong until the
prosecution proves otherwise, and guilt shall be established beyond reasonable
doubt;
(7)
That evidence is to be estimated, not only by its own intrinsic weight, but
also according to the evidence which it is in the power of one side to produce
and of the other to contradict; and, therefore,
(8)
That if weaker and less satisfactory evidence is offered when it appears that
stronger and more satisfactory was within the power of the party, the evidence offered
should be viewed with distrust. [Formerly 17.250]
10.100 View of premises by jury.
Whenever, in the opinion of the court, it is proper that the jury should have a
view of real property which is the subject of the litigation, or of the place
in which any material fact occurred, it may order the jury to be conducted in a
body, in the custody of a proper officer, to the place, which shall be shown to
them by the judge or by a person appointed by the court for that purpose. While
the jury are thus absent, no person, other than the judge or person so
appointed, shall speak to them on any subject connected with the trial. [Formerly
17.230]
10.105 Jury service term.
The length of a jury service term in a county shall be established by the
presiding judge for the judicial district, but no trial juror shall be required
to serve more than 10 days unless necessary to complete the trial of an action.
A day of service is each day during a jury service term on which a juror is
required to attend and attends. [1985 c.703 §4; 1995 c.781 §22]
10.107 Implementation of “one day, one
trial” jury service. The Chief Justice of the Supreme
Court shall take all reasonable actions necessary to expedite implementation of
juror service procedures for circuit courts that will allow a person called for
jury service to serve for one day, or for one trial if selected to serve on a
trial. [1999 c.1085 §10]
10.110
[Amended by 1955 c.717 §1; 1957 c.393 §1; 1973 c.836 §312; 1981 s.s. c.3 §44; repealed by 1985 c.703 §28]
10.115 Jurors with disabilities.
(1) As used in this section:
(a)
“Assistive communication device” means any equipment designed to facilitate
communication by a person with a disability.
(b)
“Juror with a disability” means a person who is hard of hearing or speech
impaired, who is summoned to serve as a juror and whose name is drawn for grand
jury or trial jury service.
(c)
“Qualified interpreter” means a person who is readily able to communicate with
a juror with a disability, accurately communicate the proceedings to the juror
and accurately repeat the statements of the juror.
(2)
The court to which a juror with a disability is summoned, upon written request
by the juror and upon a finding by the court that the juror requires the
services of a qualified interpreter or the use of an assistive communication
device in examination of the juror as to the juror’s qualifications to act as a
juror or in performance by the juror of the functions of a juror, shall appoint
a qualified interpreter for the juror and shall fix the compensation and
expenses of the interpreter and shall provide an appropriate assistive
communication device if needed. The compensation and expenses of an interpreter
so appointed and the cost of any assistive communication device shall be paid by
the public authority required to pay the fees due to the juror.
(3)
An oath or affirmation shall be administered to a qualified interpreter
appointed for a juror with a disability, in substance that the interpreter will
accurately communicate the proceedings to the juror and accurately repeat the
statements of the juror.
(4)
A qualified interpreter appointed for a juror with a disability, or a person
operating an assistive communication device for a juror with a disability,
shall be present during deliberations by the jury on which the juror serves. An
interpreter or person operating an assistive communication device may not
participate in the jury deliberations in any manner except to facilitate
communication between the juror with a disability and the other jurors or other
persons with whom the jurors may communicate, and the court shall so instruct
the jury and the interpreter.
(5)
When a juror with a disability serves on a trial jury, the court shall instruct
the jury on the presence of the qualified interpreter or person operating an
assistive communication device. [1985 c.703 §9; 1989 c.224 §4; 1991 c.750 §6;
2007 c.70 §6; 2007 c.96 §1]
10.120
[Amended by 1965 c.387 §1; repealed by 1973 c.836 §358]
10.125 Security for jury sequestered or
kept overnight. When a jury is kept overnight or
otherwise sequestered and the sheriff is ordered to provide security for the
jury by a judge or clerk of court of the court to which the jurors were
summoned, the sheriff shall provide that security. The cost of providing the
security shall be paid by the county. [1985 c.703 §10]
10.130
[Amended by 1979 c.728 §3; repealed by 1985 c.703 §28]
10.135 [1969
c.219 §1; 1973 c.836 §313; repealed by 1985 c.703 §28]
10.140
[Amended by 1955 c.717 §2; repealed by 1969 c.219 §2]
10.150
[Amended by 1955 c.717 §3; 1977 c.465 §1; 1981 s.s.
c.3 §45; repealed by 1985 c.703 §28]
10.160
[Amended by 1955 c.717 §4; 1981 s.s. c.3 §46;
repealed by 1985 c.703 §28]
SELECTION AND SUMMONING OF GRAND JURORS
AND TRIAL JURORS IN CIRCUIT COURTS
10.205 Selection and summoning of jurors;
identification numbers. (1) ORS 10.205 to 10.265 govern
the selection and summoning of persons for service as grand jurors or trial
jurors in the circuit court in a county.
(2)
The presiding judge for the judicial district may authorize the use of juror
identification numbers in place of juror names in the performance of functions
under ORS 10.215 to 10.265, 132.020 and ORCP 57 B for the selection of jurors
in the county, except for functions under ORS 10.215 (4) and 10.225 (3), when
to do so would promote the efficiency of the selection process, but the
selection must be done randomly. [1985 c.703 §12; 1995 c.781 §23; 2005 c.385 §4]
10.210
[Amended by 1957 c.594 §1; 1961 c.705 §4; 1965 c.510 §11; 1977 c.519 §1;
repealed by 1981 s.s. c.3 §141]
10.215 Master jury list; sources;
contents. (1) The State Court Administrator shall
cause to be prepared at least once each year a master jury list containing
names selected at random from the source lists. The source lists are the most
recent list of electors of the county, the records furnished by the Department
of Transportation as provided in ORS 802.260 (2) and any other sources approved
by the Chief Justice of the Supreme Court that will furnish a fair cross section
of the citizens of the county. The State Court Administrator and circuit courts
may use source lists obtained from any person or public body, and jury lists
containing names selected from a source list, only for purposes consistent with
administering the selection and summoning of persons for service as jurors, the
drawing of names of jurors, and other tasks necessary to accomplish those
functions. Source lists may not contain and the State Court Administrator is
not required to obtain information about individuals who are participants in
the Address Confidentiality Program under ORS 192.820 to 192.868. Except as
specifically provided by law, the State Court Administrator and circuit courts
may not disclose source lists obtained from any person or public body, and jury
lists containing names selected from a source list, to any other person or
public body.
(2)
A public body having custody, possession or control of any list that may be
used as a source list for preparation of a master jury list, upon written
request by the State Court Administrator, shall make its list available at any
reasonable time and, except as otherwise provided in ORS 802.260, without
charge to the State Court Administrator for inspection or copying. The public
body, upon written request by the State Court Administrator, shall provide a
copy of its list for the date and in the form requested to the State Court
Administrator. Except as otherwise provided in ORS 802.260, the copy shall be
provided without charge.
(3)
The number of names placed on a master jury list shall be sufficient to meet
the projected need for grand jurors and trial jurors in the circuit court in
the county, but the total number may not be less than two percent of the
population of the county according to the latest federal decennial census.
(4)
A master jury list shall contain the first name, the surname, the place of
residence and, if assigned, the juror identification number of each person
whose name is placed thereon.
(5)
A master jury list shall be certified by the trial court administrator and
placed on file in the circuit court as soon as possible after it is prepared.
(6)
A newly filed master jury list shall be maintained separately from the
previously filed master jury list. The presiding judge shall designate when a
newly filed master jury list becomes effective, after which time names of
persons may not be selected from the previously filed master jury list for a
term jury list. When a newly filed master jury list becomes effective, all
orders, records and papers prepared in connection with the selection process
based on the previously filed master jury list shall be preserved by the trial
court administrator and State Court Administrator for the period prescribed by
the State Court Administrator under ORS 8.125.
(7)
The State Court Administrator may make adjustments to the master jury list, and
may authorize the presiding judge of a judicial district to make adjustments to
a term jury list, for the purpose of updating the addresses of persons appearing
on the lists and removing the names of persons who are deceased, permanently
ineligible for jury service or permanently excused from jury service. The State
Court Administrator shall ensure that a record is maintained of all adjustments
to jury lists made under this subsection.
(8)
For the purposes of this section, “public body” has the meaning given that term
in ORS 174.109. [1985 c.703 §13; 1987 c.681 §3; 1995 c.273 §6; 1995 c.781 §24a;
1997 c.872 §15; 2001 c.779 §14; 2003 c.803 §18; 2005 c.385 §5; 2007 c.542 §14]
10.220
[Amended by 1955 c.717 §5; 1957 c.594 §2; 1959 c.462 §1; 1961 c.705 §5; 1965
c.510 §12; 1977 c.519 §2; 1981 s.s. c.3 §47; repealed
by 1985 c.703 §28]
10.225 Term jury list; contents; notice to
persons whose names appear on list. (1) Not less
than 10 days before the commencement of a jury service term in a county, a term
jury list containing names selected at random from the master jury list shall
be prepared at the direction of the presiding judge for the judicial district
or clerk of court.
(2)
The number of names placed on a term jury list shall be determined by the
presiding judge or clerk of court according to the projected need for grand
jurors and trial jurors in the circuit court in the county for the term.
(3)
A term jury list shall contain the first name, the surname, the place of
residence and, if assigned, the juror identification number of each person
whose name is placed thereon.
(4)
A term jury list shall be certified by the clerk of court and placed on file in
the circuit court as soon as possible after it is prepared.
(5)
Not less than 10 days before the commencement of a jury service term, the clerk
of court shall summon the persons whose names are placed on the term jury list
by giving written notice to each of them by mail. [1985 c.703 §14; 1995 c.781 §25]
10.230
[Amended by 1981 s.s. c.3 §48; repealed by 1985 c.703
§28]
10.235 Additional jurors; selection;
notice. (1) When an additional number of jurors
is needed for a jury service term in a county because the term jury list for
the term becomes exhausted, or in the opinion of the presiding judge for the
judicial district is likely to become exhausted, before the end of the term,
additional jurors may be selected and summoned as provided in this section.
(2)
The presiding judge for the judicial district may order an additional number of
names selected from the master jury list and added to the term jury list in the
same manner as the original term jury list is prepared. As directed by the
presiding judge of the circuit court, the persons whose names are added to the
term jury list shall be summoned by the clerk of court giving written notice to
each of them by mail or by the sheriff or other officer giving written notice
to each of them personally or by leaving written notice at the person’s place
of residence with some person of suitable age and discretion. The notice need
be given only a reasonable time before the day on which the persons summoned
are required to attend.
(3)
If the master jury list becomes exhausted or in the opinion of the presiding
judge is likely to become exhausted, the presiding judge may order that the
clerk of court select an additional number of names from the source lists
described in ORS 10.215 (1) and that the persons whose names are so selected be
summoned as provided in subsection (2) of this section.
(4)
If there is an immediate need for additional jurors, a judge of the circuit
court for the county may direct the clerk of court, sheriff or other officer to
summon a sufficient number of eligible persons to meet that need. Those persons
shall be summoned as directed by the judge. [1985 c.703 §15; 1995 c.781 §26]
10.240
[Amended by 1981 s.s. c.3 §49; repealed by 1985 c.703
§28]
10.245 Determining eligibility of jurors;
eligibility form; effect of false statements or failure to respond.
(1) Before or at the time a person summoned to serve as a juror reports for
jury service in a county, a judge of the circuit court for the county or clerk
of court shall question the person as to the eligibility of the person to act
as a juror under ORS 10.030. If a judge or clerk of court determines that a
person so questioned is not eligible to act as a juror, the person shall be
discharged.
(2)
The presiding judge for the judicial district may cause to be mailed or
delivered with a juror’s summons a juror eligibility form and instructions for
completion of the form and return of the completed form by mail or personal
delivery to the clerk of court by a specified date. The form shall set forth
the eligibility requirements prescribed in ORS 10.030.
(3)
A person who knowingly makes a false statement of material fact in response to
a question on a juror eligibility form may be punished for contempt.
(4)
A completed juror eligibility form shall contain the summoned person’s signed
declaration that the responses to questions on the form are true to the best of
the person’s knowledge and an acknowledgment that a knowingly made false
statement of material fact may be punished by a fine or imprisonment or both.
Notarization of a completed form shall not be required.
(5)
If a person summoned is unable to complete a juror eligibility form, another
person may do it for the person summoned. Another person completing a form
shall indicate on the form that the person did so and the reason therefor.
(6)
If a person summoned fails to return a properly completed juror eligibility
form as instructed, a judge of the circuit court may direct the person to
appear forthwith and properly complete a form. If the person fails to appear as
directed, a judge of the circuit court shall order the person to appear and
show cause for that failure. If the person fails to appear pursuant to the
order or appears and fails to show good cause, the person may be punished for
contempt.
(7)
Before or at the time a person summoned reports for jury service, a judge of
the circuit court or clerk of court may question the person as to responses to
questions on a completed jury eligibility form returned by the person and
grounds for any ineligibility of the person to act as a juror. Any pertinent
information so acquired shall be noted on the form.
(8)
Review by a judge of the circuit court or clerk of court of a completed juror
eligibility form returned by a person summoned satisfies the requirement
prescribed in subsection (1) of this section that a person summoned be
questioned. If a judge or clerk of court determines that a person is not
eligible to act as a juror based on a completed form, the person shall be
discharged. [1985 c.703 §16; 1995 c.781 §27]
10.250
[Amended by 1981 s.s. c.3 §50; repealed by 1985 c.703
§28]
10.255 Record of persons summoned to serve
as jurors. The clerk of court shall cause to be
prepared a record on all persons summoned to serve as jurors for a jury service
term in a county, specifying:
(1)
Those who did not attend.
(2)
Those who were discharged for ineligibility to act as jurors.
(3)
Those who were discharged for any other reason.
(4)
Those whose jury service was deferred and the term to which jury service of
each was deferred.
(5)
Those who attended and were not discharged or deferred.
(6)
The per diem fees and mileage due to each entitled thereto. [1985 c.703 §17]
10.260
[Repealed by 1985 c.703 §28]
10.265 Preservation of jury orders,
records and papers. After the end of a jury service
term in a county, all orders, records and papers prepared in connection with
the selection and summoning of persons to serve as jurors for the term as
provided in ORS 10.225 to 10.255 shall be preserved by the clerk of court for
the period established by the State Court Administrator under ORS 8.125. [1985
c.703 §18; 1995 c.244 §6]
10.270
[Amended by 1967 c.532 §7; 1967 c.533 §17; repealed by 1985 c.703 §28]
10.275 Jury challenges; request for access
to confidential jury records; order allowing disclosure; exclusive procedure.
(1) A person challenging a jury panel under ORS 136.005 or ORCP 57 A who seeks
jury records that are confidential under ORS 10.215 must include a request for
access to the confidential records in the motion challenging the jury panel.
The motion and supporting affidavit must be served on the trial court
administrator and the State Court Administrator. The request must:
(a)
Specify the purpose for which the jury records are sought; and
(b)
Identify with particularity the relevant jury records sought to be released
including the type and time period of the records.
(2)
The court may order release of the jury records if the court finds that:
(a)
The jury records sought are likely to produce evidence relevant to the motion;
and
(b)
Production of the jury records is not unduly burdensome.
(3)
An order under subsection (2) of this section may include, but need not be
limited to:
(a)
A requirement that the moving party provide advance payment to the trial court
administrator and, if applicable, the State Court Administrator for the
reasonable costs of providing copies of the jury records; and
(b)
Restrictions on further disclosure of the jury records including, but not
limited to:
(A)
A requirement that the moving party return all originals and copies to the
court at the conclusion of the proceeding;
(B)
A requirement that the jury records may be used only for the purpose of
supporting the jury panel challenge made in the motion;
(C)
A prohibition against distributing the jury records to a person who is not an
agent or representative of the moving party; and
(D)
A prohibition against contacting or attempting to contact the persons whose
names appear on the jury records without specific authorization of the court.
(4)
The trial court administrator or the State Court Administrator may intervene at
any time as a matter of right as to any issues relating to the release of jury
records under this section.
(5)
The procedure established by this section is the exclusive means for compelling
production of confidential jury records as evidence relevant to a challenge to
a jury panel under ORS 136.005 or ORCP 57 A. The procedure established by ORS
138.585 is the exclusive means for compelling production of confidential jury
records as evidence in post-conviction relief proceedings under ORS 138.510 to
138.680. [2001 c.779 §16; 2011 c.308 §4]
10.280
[Repealed by 1985 c.703 §28]
10.290
[Amended by 1965 c.387 §2; repealed by 1975 c.342 §1]
10.300 [Amended
by 1963 c.519 §4; 1973 c.836 §314; repealed by 1985 c.703 §28]
10.310
[Repealed by 1985 c.703 §28]
10.320
[Amended by 1979 c.728 §4; 1981 s.s. c.3 §51;
repealed by 1985 c.703 §28]
10.330
[Amended by 1981 s.s. c.3 §52; repealed by 1985 c.703
§28]
10.340
[Amended by 1963 c.519 §5; repealed by 1975 c.342 §1]
10.350
[Repealed by 1975 c.342 §1]
10.400 [1975
c.342 §3; 1977 c.631 §3; 1981 s.s. c.3 §53; repealed
by 1985 c.703 §28]
10.410 [1975
c.342 §4; 1977 c.631 §4; 1981 s.s. c.3 §54; repealed by
1985 c.703 §28]
10.420 [1975
c.342 §5; 1977 c.631 §5; repealed by 1985 c.703 §28]
10.430 [1975
c.342 §6; 1977 c.631 §6; 1981 s.s. c.3 §55; repealed
by 1985 c.703 §28]
10.440 [1975
c.342 §7; 1977 c.631 §7; 1981 s.s. c.3 §56; repealed
by 1985 c.703 §28]
10.450 [1975
c.342 §8; 1977 c.631 §8; 1981 s.s. c.3 §57; repealed
by 1985 c.703 §28]
10.460 [1975
c.342 §9; 1977 c.631 §9; 1981 s.s. c.3 §58; repealed
by 1985 c.703 §28]
10.470 [1975
c.342 §10; 1977 c.631 §10; repealed by 1985 c.703 §28]
10.480 [1975
c.342 §11; 1977 c.631 §11; 1981 s.s. c.3 §59;
repealed by 1985 c.703 §28]
10.490 [1975
c.342 §12; repealed by 1981 s.s. c.3 §141]
JURY OF INQUEST
10.810 Definition.
A jury of inquest is a body of six persons, legally qualified to serve as jurors,
summoned from the inhabitants of a particular district before the district
attorney, sheriff or other ministerial officer, to inquire of particular facts.
[Formerly 146.010; 1965 c.221 §9]
10.820 Number of jurors required to
concur. The verdict of a jury of inquest is
sufficient if two-thirds of the jurors concur therein. [Formerly 146.020]
PENALTIES
10.990 Penalties.
(1) Violation of ORS 10.080 is a Class B violation.
(2)
If a person summoned to serve as a juror in a circuit court fails to attend as
required, the court shall order the person to appear forthwith and show cause
for that failure. If the person fails to appear pursuant to the order or
appears and fails to show good cause, the person may be punished for contempt.
(3)
A juror summoned to a court who fails to give attention in court, or who leaves
without permission while the court is in session or otherwise fails to complete
required jury service without permission, may be punished for contempt of the
court. [Amended by 1985 c.703 §19; 1999 c.1051 §144]
10.992 [1975
c.160 §2; 1999 c.1051 §145; repealed by 2011 c.118 §5]
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