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On the first judicial day of each January and July, the City Recorder or Mayor, at the request of the Municipal Judge, shall prepare a jury list made by selecting by lot names from the latest tax roll and voter’s registration list used at the last preceding city election. The jury list shall contain the names of not less than 100 persons who shall comprise the jury list for the 6 months in which they are selected. The Municipal Judge or Mayor shall reject the names of persons selected for the jury list whom they know or believe to be unqualified as jurors because of mental or physical disability, or not otherwise possessing those qualifications for a juror as prescribed by the laws of this state. The jury list, when completed, shall contain the Christian name, surname, place of residence and occupation of each person named and the list shall be kept on file in the municipal court office. After the jury list has been completed, a card shall be prepared separately for each juror, and the cards when prepared shall be deposited in the office of the Municipal Judge in a sufficient box carefully secured, which shall be known as the jury box. If for any reason the preliminary jury list is not prepared within the aforesaid time, it may be prepared at a later time without affecting the validity thereof.
A. The Municipal Judge shall draw from the jury box 12 cards, or any greater number if he or she deems it necessary or if requested by the parties, until the names of 12 persons who are deemed able to attend at the time and place required are obtained. The Municipal Judge shall then make and sign a list of the 12 names thus drawn to be the jury panel.
B. If it appears to the Municipal Judge that a person whose name is drawn is deceased or resides outside the city, the card must be destroyed. If it appears to the Municipal Judge or if he or she has good reason to believe that a person 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 without great inconvenience, the card must be laid aside without the name thereon being entered on the list drawn and returned to the jury box when the drawing is completed.
C. When the drawing of the 12 names is completed, the Municipal Judge shall direct the Chief of Police, or his or her designee, to summon the persons whose names were drawn to appear for jury duty at a prescribed time and place, and the Chief of Police or his or her designee shall forthwith deliver to each of the persons whose name is drawn, or cause to be mailed by regular mail, an appropriate order signed by the Municipal Judge, which shall direct the person to appear as a juror before the Municipal Court at the designated time and place. The Chief of Police or his or her designee shall return immediately to the Municipal Judge a record of the persons to whom the summons for jury duty was served or mailed, and if, after a diligent search, the Chief of Police or his or her designee is unable to locate and serve any person with a summons for jury duty, the Municipal Judge shall draw another card from the jury box and issue an appropriate order for jury duty, and direct to the Chief of Police for service, and this process shall be continued until 12 persons have been selected from the jury box and service on them has been made requiring them to appear for duty in the cause then pending before the municipal court. Each trial juror shall be paid a fee of $10.
At the time of trial, the trial jury shall be selected from the 12 members of the jury panel, and each party may take challenges for cause on which the court shall make its ruling. Each party is entitled to 3 peremptory challenges as to any of the 6 jurors and no more.
The Court shall excuse any person from services as a juror if the person is entitled to and requests exemption for any reason specified in O.R.S. 10.050. The Ccourt may also excuse any person from service as a juror either by removal of his or her name from the jury panel or by excuse for a particular time for reason of illness, disability or undue hardship. No person shall be required to serve as a trial juror at more than 3 trials during his or her term of service. No challenge shall be made or allowed to the panel or to the preliminary jury list, and substantial compliance with the requirements of the ordinance shall be sufficient. If at any time the court deems the number of qualified and unexcused jurors on the panel to be insufficient, the Court may cause additional names to be chosen in the aforesaid manner from the preliminary jury list and added to the panel.
If, at the time of any jury trial, the jury panel present for the trial becomes exhausted, or whenever, in the opinion of the Municipal Judge, the panel is likely to be exhausted due to nonappearance of prospective jurors or challenges by each party, the Court may order the Chief of Police of the city to summon forthwith from the body of the city persons whose names are upon the tax roll or registration books and who have the qualifications of jurors to serve in the Court.
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