2007 Oregon Code - Chapter 10 :: Chapter 10 - Juries
Chapter 10 — Juries
2007 EDITION
JURIES
COURTS OF RECORD; COURT OFFICERS; JURIES
GENERAL PROVISIONS
10.010Â Â Â Â Â Â Definitions
10.020Â Â Â Â Â Â Kinds
of juries
10.030Â Â Â Â Â Â Eligibility
for jury service; discrimination prohibited
10.050Â Â Â Â Â Â Excuse
from jury duty
10.055Â Â Â Â Â Â Deferment
of jury service
10.061Â Â Â Â Â Â Fees
payable to jurors; required waiver
10.065Â Â Â Â Â Â Mileage
fee and reimbursement of other expenses
10.075Â Â Â Â Â Â Payment
of per diem and mileage fees by state; payment of other expenses
10.080Â Â Â Â Â Â Seeking
or offering to procure place on jury or list of jurors and selection of juror
pursuant to request prohibited
10.090Â Â Â Â Â Â Prohibited
acts by employers against jurors; notice to jurors; remedy for violations
10.095Â Â Â Â Â Â Duty
of jury; instructions
10.100Â Â Â Â Â Â View
of premises by jury
10.105Â Â Â Â Â Â Jury
service term
10.107Â Â Â Â Â Â Implementation
of “one day, one trial” jury service
10.115Â Â Â Â Â Â Jurors
with disabilities
10.125Â Â Â Â Â Â Security
for jury sequestered or kept overnight
SELECTION AND SUMMONING OF GRAND JURORS AND TRIAL JURORS IN CIRCUIT
COURTS
10.205Â Â Â Â Â Â Selection
and summoning of jurors; identification numbers
10.215Â Â Â Â Â Â Master
jury list; sources; contents
10.225Â Â Â Â Â Â Term
jury list; contents; notice to persons whose names appear on list
10.235Â Â Â Â Â Â Additional
jurors; selection; notice
10.245Â Â Â Â Â Â Determining
eligibility of jurors; eligibility form; effect of false statements or failure
to respond
10.255Â Â Â Â Â Â Record
of persons summoned to serve as jurors
10.265Â Â Â Â Â Â Preservation
of jury orders, records and papers
10.275Â Â Â Â Â Â Jury
challenges; request for access to confidential jury records; order allowing
disclosure; exclusive procedure
JURY OF INQUEST
10.810Â Â Â Â Â Â Definition
10.820Â Â Â Â Â Â Number
of jurors required to concur
PENALTIES
10.990Â Â Â Â Â Â Penalties
10.992Â Â Â Â Â Â Penalty
for violation of ORS 10.090
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 shall not be denied or
limited on the basis of race, national origin, gender, age, religious belief,
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
     (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
juror in a criminal trial, beginning on or after December 5, 1996, unless the
person:
     (A) Is not a citizen of the
     (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; or
     (E) Has been convicted of a felony or
served a felony sentence within the prior 15 years.
     (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.
     (4) A person who is blind, hard of hearing
or speech impaired or who has a physical disability shall not be ineligible to
act as a juror or be excluded from a jury list or jury service on the basis of
blindness, hearing or speech impairment or physical disability alone.
     (5) No person is eligible 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 personÂ’s service as a juror is required because of a
need for additional jurors.
     (6) In addition to the disqualifications
listed in subsection (2) of this section, a person is ineligible to act as a
juror on a grand jury if the person has been convicted of a felony, other than
a felony traffic offense, or has served a felony sentence, other than a
sentence for a felony traffic offense, within the prior 15 years. As used in
this subsection, “conviction” means an adjudication of guilt upon a verdict or
finding entered in a criminal proceeding in a court of competent jurisdiction. [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]
     Note: The amendments to 10.030 by section 13,
chapter 100, Oregon Laws 2007, are the subject of a referendum petition that
may be filed with the Secretary of State not later than September 26, 2007. If
the referendum petition is filed with the required number of signatures of
electors, chapter 100, Oregon Laws 2007, will be submitted to the people for
their approval or rejection at the regular general election held on November 4,
2008. If approved by the people at the general election, chapter 100, Oregon
Laws 2007, takes effect December 4, 2008. If the referendum petition is not
filed with the Secretary of State or does not contain the required number of
signatures of electors, the amendments to 10.030 by section 13, chapter 100,
Oregon Laws 2007, take effect January 1, 2008. 10.030, as amended by section
13, chapter 100, Oregon Laws 2007, and including amendments by section 4,
chapter 70, Oregon Laws 2007, is set forth for the userÂ’s convenience.
     10.030. (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
     (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
juror in a criminal trial, beginning on or after December 5, 1996, unless the
person:
     (A) Is not a citizen of the
     (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; or
     (E) Has been convicted of a felony or
served a felony sentence within the prior 15 years.
     (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.
     (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 personÂ’s service as a juror is required because of a
need for additional jurors.
     (6) In addition to the disqualifications
listed in subsection (2) of this section, a person is ineligible to act as a
juror on a grand jury if the person has been convicted of a felony, other than
a felony traffic offense, or has served a felony sentence, other than a
sentence for a felony traffic offense, within the prior 15 years. As used in
this subsection, “conviction” means an adjudication of guilt upon a verdict or
finding entered in a criminal proceeding in a court of competent jurisdiction.
     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 personÂ’s family, the personÂ’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 courtÂ’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. 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. 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. [1967 c.473 §2; 1969
c.176 §1; 1971 c.207 §1; 1975 c.342 §13; 1985 c.703 §6]
     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 jurorÂ’s fee provided for in
subsection (1), (2) or (4) of this section if the juror is paid a wage or
salary by the jurorÂ’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 jurorÂ’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 jurorÂ’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 jurorÂ’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 jurorÂ’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 dayÂ’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
shall not discharge or threaten to discharge, intimidate, or coerce any
employee by reason of the employeeÂ’s service or scheduled service as a juror on
a grand jury, trial jury or jury of inquest.
     (2) This section shall not be construed to
alter or affect an employerÂ’s policies or agreements with employees concerning
employeesÂ’ wages during times when an employee serves or is scheduled to serve
as a juror.
     (3) When summoning jurors, the person
whose duty it is under the law to summon shall notify each juror of the jurorÂ’s
rights under this section.
     (4) Upon complaint filed by a prospective
juror or a juror who has served or upon petition of the district attorney, the
circuit court shall have jurisdiction to prevent and restrain violations of
this section by issuing appropriate orders, including but not limited to,
reinstatement of an employee discharged by reason of service as a juror, with
back pay for the time the employee was discharged. [1975 c.160 §1; 1985 c.703 §11]
     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 jurorÂ’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 personÂ’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 jurorÂ’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 personÂ’s signed declaration that the responses to
questions on the form are true to the best of the personÂ’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. [2001 c.779 §16]
     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
Penalty for violation of ORS 10.090. Any employer who violates ORS 10.090 commits a Class A violation. [1975
c.160 §2; 1999 c.1051 §145]
_______________
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