Chapter 1085 Oregon Laws 1999

Session Law

AN ACT

SB 1304

Relating to jury service; creating new provisions; amending ORS 10.050, 10.065, 10.075, 132.030 and 221.349; repealing ORS 10.060; and appropriating money.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 10.050 is amended to read:

10.050. (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.

SECTION 2. ORS 132.030 is amended to read:

132.030. Neither the grand jury panel nor any individual juror may be challenged. A judge of the court or clerk of court, as defined in ORS 10.010, may at any time after a juror is drawn and before the juror is sworn excuse the juror from jury service for any reason prescribed in ORS 10.050 [(1)].

SECTION 3. ORS 10.060 is repealed and section 4 of this 1999 Act is enacted in lieu thereof.

SECTION 4. (1) The fee of jurors in courts other than circuit courts is $10 for each day's required attendance.

(2) The fee of jurors in circuit courts is:

(a) For the first two days of required attendance during a term of service, a per diem fee equal to $10; and

(b) For the third and subsequent days of required attendance during a term of service, a fee equal to the number of hours served multiplied by the minimum hourly wage established under ORS 653.025, but in no event less than $10 per day or more than $50 per day.

(3) Unless otherwise provided by the terms of an employment agreement, a juror must waive the juror's fee provided for in subsection (1) or (2) 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 circuit 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.

SECTION 5. ORS 10.065 is amended to read:

10.065. (1) [Every juror whose fees are] In addition to the fees prescribed in [ORS 10.060] section 4 of this 1999 Act, 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 addition to the fees prescribed in ORS 10.060, shall be entitled to] 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. [Such juror shall be entitled to such mileage for each day's attendance upon court.]

(2) In addition to the fees prescribed in section 4 of this 1999 Act, a juror who is required to travel more than 10 miles each way 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 for travel in going to and returning from the place where the service is performed. The mileage payment may be based on actual costs of travel or on the rate established by the Oregon Department of Administrative Services under ORS 292.250 for reimbursement for use of a privately owned motor vehicle on official business. 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 section 4 of this 1999 Act, 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 section 4 of this 1999 Act, 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.

SECTION 6. ORS 10.075 is amended to read:

10.075. (1) The per diem fees [and], mileage and expenses due to each [grand juror and each trial] 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 [grand jury or a trial] 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.

[(3)] (4) This section does not apply to mileage and other expenses of jurors reimbursed by a county as provided in [ORS 10.060 (2)] section 4 (4) of this 1999 Act.

SECTION 7. ORS 221.349 is amended to read:

221.349. (1) In all prosecutions for any crime defined and made punishable by any city charter or ordinance the defendant shall have the right of trial by jury, of six in number. Juries shall be selected from the latest tax roll and registration books used at the last city election in the same manner in which juries are selected for circuit courts. The verdict of the jury shall be unanimous.

(2) Where provision is made for the payment of jury fees by the defendant as a deposit to [insure] ensure a jury trial, and where the defendant is found not guilty, the deposit shall be returned to the defendant.

(3) The deposit required by the municipal, city or recorder's court to [insure] ensure the right of trial by jury, under the charter of the city, shall not be greater than that provided by [ORS 10.060 in relation to justice] section 4 of this 1999 Act in courts other than circuit courts for payment for each juror sworn multiplied by the number of jurors constituting a jury under the terms of the charter.

SECTION 8. (1) Section 4 of this 1999 Act and the amendments to ORS 10.065, 10.075 and 221.349 by sections 5, 6 and 7 of this 1999 Act become operative on July 1, 2001.

(2) Section 4 of this 1999 Act and the amendments to ORS 10.065, 10.075 and 221.349 by sections 5, 6 and 7 of this 1999 Act apply only to jurors summoned on or after July 1, 2001.

SECTION 9. Section 10 of this 1999 Act is added to and made a part of ORS chapter 10.

SECTION 10. 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.

Approved by the Governor September 1, 1999

Filed in the office of the Secretary of State September 2, 1999

Effective date October 23, 1999

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