(A) Right to trial by jury. Every person charged with any offense defined and made punishable by the city charter or any ordinance of the city shall only have the right to trial by jury:
(1) If the ordinance or charter violated provides for the right of trial by jury; or
(2) If such violation of the charter or ordinance would constitute a violation of a statute of the state, which is not materially different in the proscription or penalty from the applicable charter or ordinance of the city, and the violation of such statute would entitle the defendant to a trial by jury under the statutes and/or constitution of the state; and
(3) If the party requesting the trial by jury has given written notice to the municipal judge at least six days, excluding Sundays and legal holidays, prior to the trial date set by the municipal court.
(B) Number of jurors. The jury shall consist of six persons duly sworn to try the cause for which they are called; and the jurors shall be selected as hereinafter provided.
(C) Term of court. The term of municipal court shall be for a period of 12 months, beginning on January 1 of each year following passage of this section.
(D) Jury list. Upon passage of this section and on January 1 thereafter, beginning on January 1, 1981, the Court Clerk shall prepare a preliminary jury list, by lot, of 48 names of persons taken from the latest tax roll and registration books used at the last city election. The Court Clerk, in preparing the preliminary jury list, shall place thereon only those names of persons who are known or believed to be eligible to serve, as provided in O.R.S. 10.030.
(E) Jury panels. The jury panel for each trial shall be selected at least seven days prior to the trial day, and the Court Clerk shall select 12 names of persons, by lot, from the preliminary jury list to serve as a jury panel until the forth panel is selected. No person shall be required to serve more than one term during any calendar year. The jury panel shall be selected by the Court Clerk. No challenge shall be made or allowed to the panel, and substantial compliance with this section for selecting the panel shall be sufficient.
(F) Selection of the trial jury. The time and place of the selection of the jury shall be designated by the court. The Court Clerk shall then select by lot six names of persons from the jury panel. Each party may take two peremptory challenges of the prospective jurors. The order of challenges shall be that the defendant or his or her attorney may challenge one and then the City Attorney may challenge one, and then the defendant or his or her attorney may again challenge one, and then the City Attorney may challenge one. Additional names shall be selected by lot to replace those jurors challenged.
(G) Conduct of trials. Trials shall be conducted as trials in justice courts, and the rules shall be the same as in the state courts and shall include applicable statutes of the state regarding the introduction or admission of evidence.
(H) Verdicts. All jurors sworn to try the cause must concur to render a verdict.
(I) Payment of jurors. Those jurors notified and who appear at trial shall receive compensation from the city in the amount of $7.50 for each day of attendance upon the municipal court if they are chosen to hear the case and $5 for all other jurors.
(J) Powers of the municipal judge. The municipal judge shall have all inherent and statutory powers and duties of a justice of the peace within the jurisdictional limits of the city. The Chief of Police shall assist the judge in the serving of subpoenas, notices of jury duty, and such other orders of the court necessary for the proper conduct thereof. The municipal judge may hold any prospective juror who disregards the notice of jury duty in contempt of court and may punish said juror by a fine of not more than $100, or by imprisonment in the city jail for not more than 50 days, or both.
(K) Costs and disbursements. In all cases tried before the municipal court, both with a jury and without a jury, the judge shall add the costs and disbursements to the fine, penalty, or sentence imposed, in a sum not less than $5.
(Prior Code, § 30.05) (Ord. 164, passed 8-4-1980)