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RIGHT OF TRIAL BY JURY
No person charged with a violation defined and made punishable by the City Charter or any ordinance of the City of Union shall have the right to trial by jury unless the such is required by state law, the Oregon Constitution or the Constitution of the United States of America. In the event that a person charged has a right to trial by jury, the court shall so inform the person charged and advise of the requirements of this section for the exercise of that right. Absent good cause being shown to the Municipal Judge, the right to a jury shall be deemed waived unless the person charged gives written notice of the desire for a jury to the Municipal Court at least 30 calendar days prior to the trial date set by the Municipal Court.
(Ord. 253, passed 2-8-1960; Ord. 294, passed 10-21-1974; Ord. 498, passed 12-12-2005)
In order to act as a juror in the Municipal Court of the City of Union, Oregon, a person must have the qualifications prescribed in O.R.S. Chapter 10 and, in addition thereto, must be an inhabitant and registered voter within the City of Union at the time when he or she is summoned.
(Ord. 253, passed 2-8-1960)
Upon passage of this subchapter, and on the first Monday in January of each year hereafter, the Municipal Judge of the City of Union, together with the City Recorder and Mayor, shall meet and make a list containing the names of not less than 50 persons who are the most competent of the permanent citizens of the city by selecting names by lot from the voters registration list used at the last preceding city election. The list, so selected, shall be known as a preliminary jury list. The Municipal Judge, Recorder and Mayor shall then delete from the preliminary jury list the names of those persons known not to be qualified by law to serve as jurors, and the remaining shall constitute the jury list. The jury list shall contain the Christian name and the surname, place of residence and occupation of each person named therein and shall be certified by the City Recorder and placed on file in his or her office within ten days from the time it is prepared. If, for any reason, the making of a jury list is omitted and neglected on the first Monday in January of any year, it may be done on the first Monday of any month following, to serve until the close of the year.
(Ord. 253, passed 2-8-1960)
(A) The Recorder shall keep in his or her office a sufficient box, carefully secured, which is known as the jury box.
(B) After he or she has filed the jury list in his or her office, the Recorder shall prepare and deposit in the box separate ballots containing the name, place of residence and occupation of each person embraced in the jury list, and folded as nearly alike as practicable so that the name cannot be seen.
(Ord. 253, passed 2-8-1960)
(A) When a jury trial is demanded in the Municipal Court of the City of Union, the Municipal Judge, no later than two weeks before trial, shall draw from the jury box, in the presence of the defendant or his or her attorney and the City Attorney, 14 ballots containing the names of individuals who are deemed able to attend at the time and place required. The Municipal Judge shall make and sign a list of the 14 names thus drawn. If it appears to the Municipal Judge that a person whose name is drawn is deceased or resides outside the city, the ballot must be destroyed. If it appears to the Municipal Judge, or 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 ballot 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.
(B) When the aforesaid list of 14 names is completed, the city, and the defendant, by his or her representatives, may select a jury by each striking from the list three names alternately, commencing with the defendant. Either party may waive his or her right to be present. The remaining eight names shall be summoned as jurors in the cause. If more than eight names remain after the striking process, or if a party waives his or her right to be present to strike from the list, then the first eight names remaining unchallenged shall be summoned as jurors.
(Ord. 253, passed 2-8-1960; Ord. 348, passed 7-14-1980)
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