April 7, 2026
Index
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Agenda
Task Force on Removing Barriers to Jury Service
Meeting #3: Overview - Jury Service in Oregon Cont. (Local Courts & Grand Juries); Circuit Court Data
April 7, 2026
Roll Call
- Kimberly McCullough, Senior Staff Counsel for Government Relations, Oregon Judicial Department (OJD)
Ratify Prior Meeting Minutes
- Kimberly McCullough, Senior Staff Counsel for Government Relations, OJD
Jury Service in Oregon (Continued)
- Jury Service in Circuit Courts (Continued)
- Molly Harvis, Statewide Jury Coordinator, OJD
- Jury Service for Grand Juries
- Bryan Brock, Oregon District Attorneys Association
- Jury Service in Local Courts
- Honorable Tucker Rossetto, Beaverton Municipal Court
Data About Circuit Courts
- Molly Harvis, Statewide Jury Coordinator, OJD
Where Are We Going From Here
- Kimberly McCullough, Senior Counsel for Government Relations, OJD
Public Comment (if any)
Materials
Meeting Materials
Draft - Meeting Minutes (to be voted on at the 4/7/26 meeting)
Task Force on Removing Barriers to Jury Service
Date: March 12, 2026
Time: 11:30 a.m. - 1:00 p.m.
Location: Virtual via WebEx Webinar
Members in Attendance: Bryan Brock, Honorable Chanpone Sinlapasai, Derek Sangston, Keren Farkas, Kia Tolbert, Chair Kimberly McCullough, Representative Kim Wallan, Andy Smith for Representative Tom Andersen, Honorable Matthew Shirtcliff, Nansi López, Royce Williams, Tim Dooley, Honorable Tucker Rossetto
Members Not in Attendance: Senator James Manning, Jr., Senator Kim Thatcher,
Presenters/Speakers: Honorable Chanpone Sinlapasai, Multnomah County Circuit Court, Molly Harvis, Statewide Jury Coordinator, Oregon Judicial Department
Quorum: Yes (10 voting members present)
Ratify Prior Meeting Minutes
- Draft minutes from the January 22, 2026, meeting were included with the meeting materials
- Chair McCullough asked if anyone had any corrections, changes, or additions to those minutes
- No one indicated they did
- Chair McCullough asked if there were any objections to ratifying those meeting minutes
- Chair McCullough stated those meeting minutes are ratified
Goal of this Meeting
- Get everyone on the same page regarding jury basics, the right to a jury trial, and how jury service works in local courts
- We will talk about municipal/justice courts and grand juries at next meeting
Gifts and Public Officials
- Chair McCullough addressed the question regarding gifts and public officials that was raised at the last meeting
- Because this task force is advisory in nature for the legislature, those serving on it are public officials
- The meeting materials contain an Oregon Government Ethics Commission (OGEC) document that addresses gifts on pages 26-32
- Chair McCullough noted that for more advice or questions you can reach out to OGEC, visit their website, or search through past questions they’ve answered (on their website)
Glossary & Relevant Authorities
- Chair McCullough reviewed the Glossary and US/Oregon Constitutional Provisions documents that were included in the meeting materials
- Note that the constitutional provisions document contains bolding showing the portions related to juries
- Oregon Revised Statutes (ORS) Chapter 10 was included in the meeting materials as a PDF for ease of review compared to the online version
- Chair McCullough noted there are other authorities relevant to juries as well
- Some courts have Supplementary Local Rules (SLRs) which may apply to juries
- If there is interest, we can look at the differences between courts
- Provisions related to grand juries will be discussed at the next meeting
- ORS Chapter 136 (criminal provisions) will be included in the materials for the next meeting
Jury Rights in Oregon
- The Honorable Judge Sinlapasai, Multnomah County Circuit Court, presented a PowerPoint on Jury Rights in Oregon (slides available in the meeting materials)
- Reviewed what juries decide
- Issues of fact
- Criminal cases: whether the defendant is guilty or not beyond a reasonable doubt
- If acquitted, defendant can’t be tried again for the same crime
- If no conviction or acquittal, it is a hung jury, so the defendant may be tried again
- If found guilty, judge determines the sentence based on parameters set by the legislature
- Civil cases: whether the plaintiff has proven that the defendant has caused harm to the plaintiff in one or more ways
- 3/4 of the jury must agree under a preponderance of the evidence standard
- If the plaintiff has proven that, then, the jury decides the amount of damages to award to a plaintiff
- Grand juries decide whether to indict a defendant in felony cases
- Discussed a handful of reasons why juries are important (e.g., civic participation, checks and balances, fairness/impartiality, transparency/public trust, etc.)
- Reviewed the right to a jury
- Everyone has a right to a trial by an impartial jury of their peers
- Federal constitutional provisions regarding this right were included in the meeting materials
- Discussed Article III, section 2, clause 3, the Fifth Amendment, the Sixth Amendment, and the Seventh Amendment
- Note, there are overlaps and differences between how federal jury rights apply in federal courts versus state courts
- Reviewed jury rights in the Oregon constitution
- The right to a jury was established in Oregon prior to statehood
- The full text of the relevant Oregon constitutional provisions is in the meeting materials
- Reviewed the following Oregon constitutional provisions:
- Article I sections 6, 11, 16, 17, 40, 45
- Note, sections 11 and 40 are outdated after the 2020 US Supreme Court case Ramos v. Louisiana held that all defendants have a right to a unanimous guilty verdict in criminal cases
- Because of Ramos, a guilty verdict in criminal cases in Oregon must be unanimous, regardless of what the state constitution says
- Article IV section 23
- Article VII sections 3, 5, and 9
- There are statutes and rules outside the federal or Oregon constitutions relating to juries
- Discussed Oregon Revised Statute (ORS) 136.001 and Oregon Rules of Civil Procedure (ORCP) 50
- Not all court proceedings have a right to a jury, noted some examples
Jury Service Overview: Oregon Circuit Courts (Molly Harvis)
- Molly Harvis, Statewide Jury Coordinator, Court Programs Division, Oregon Judicial Department, presented a PowerPoint on Jury Service Overview: Oregon Circuit Courts (slides available in the meeting materials)
- While the way jury trials operate varies by location, this presentation was meant to share commonalities between all circuit court jury trials
- How Juror Lists are Generated
- "Master jury list” is statutory language describing the compiled statewide list of all the names OJD gets from source lists that are drawn annually and used to furnish a fair cross section of citizens by each county
- Last year, OJD began using a list through the Oregon Health Authority’s Center for Health Statistics, which helps remove names of deceased adults from the source lists
- Once the list is prepared the SCA provides the list by county to each county to use for summoning jurors for jury trials
- Jurors are selected using a randomized computer formula
- Procedures are in place if a county runs out of jurors on their list, but they’re rarely needed
- Summons Process
- Must be summoned within reasonable time before attendance (courts aim for 4-6 weeks prior)
- A sheriff or another appointed officer can summon eligible persons if there is an immediate need and not enough jurors (very rare)
- Reviewed an example of a postcard summons from Benton County
- In 2024-2025, OJD upgraded its juror management software which led to statewide updates (e.g., postcard summons, real-time text and email updates, public online portal to respond to jury summonses, upgrades to jury webpages for courts and the statewide webpage)
- Prior to this there was no statewide consistency in summons format
- Consistent formatting helps protect public against jury scams
- All Oregon circuit courts are now using postcard summonses (some may have supplemental or alternate summons for special cases)
- Example postcard summonses are in the meeting materials
- Walked through some example screenshots of the online jury summons portal and the different things jurors can do through the portal:
- Respond to jury summons, complete eligibility form, sign up for real-time texts/emails, get directions to court, request an excusal/deferral, check reporting time/date/location, access/download jury attendance letters)
- Reviewed the qualifications for juror eligibility in civil and criminal/grand jury cases
- Discussed the rules around nondiscrimination and accommodations for jurors
- No religious test for jurors
- ORS 10 and ORCP 57 provide broad protections against discrimination based on membership in protected classes/cognizable groups
- ORS' outline the obligations a court must follow for jurors who are hard of hearing or speech impaired
- If a juror requires a qualified interpreter or assistive communication device, the court must provide that and incur the cost
- Courts have local ADA coordinators and there is a statewide coordinator
- Peremptory challenges cannot be used to exclude jurors based on any protected or cognizable class
- Note, we do not provide accommodations for empaneled/seated jurors who aren’t fluent in English, interpreters are just provided to make sure potential jurors have sufficient English comprehension to fulfill duties as a juror
- Reviewed who may request exemptions/excusals and when they must be granted
- Reviewed the circumstances under which a person may request a deferral and the thresholds they must meet if it is not their first time requesting a deferral
- Juror Compensation
- Generally, $10 for the first two days then $25 per day, but that must be waived if a juror’s employer pays them for jury service
- Travel is reimbursed for public transport (about $6/day) or $0.20/mile if driving
- Compensation and mileage may be voluntarily waived, and if it is it goes to the Juror Access and Experience Improvement Fund (JIF) to be used to pay for things that improve access and experience for jurors (e.g., snacks, drinks, accessible furniture, informational/educational materials etc.)
- Jurors may request reimbursement for extraordinary expenses from the court (e.g., lodging or taxi for juror that had to travel for service), but this is rarely done
- Different from JIF funds
- Example of the form used to make this request is in the meeting materials
- Courts may order that food, drink, lodging, and transportation be paid for jurors in cases of lengthy trials to offset the inconvenience of the situation, but this a rare occurrence (e.g., if the jury is sequestered)
- Due to time constraints, Harvis’ presentation ended early and will be finished at the next meeting
Where Are We Going From Here
- Finish going through Harvis’ PowerPoint presentation and follow-up questions
- Discuss municipal/justice courts and grand juries
- Data presentation
- Tolbert previously asked about how juries operated during COVID
- Chair McCullough has pulled together materials on this and we will discuss it at either the next meeting or the one after that, then we will begin diving into discussing barriers to jury service
- We will aim to get the resources on barriers to jury service sent out to members ahead of that discussion
Public Comment
- No members of the public present today
General Discussion of Task Force Members
- Dooley noted that there has been some research regarding the effectiveness of text message reminders in reducing failure to appear for defendants. He asked if there has been evidence that text message reminders have helped with increasing response rates to jury service?
- Harvis responded that, preliminarily, it appears there is an increased response rate to jury service since using text message reminders
- Williams asked whether anyone, for civil cases, has looked into paying juries the minimum wage for the hours they worked and splitting the cost between both the plaintiff and defendant
- Chair McCullough replied that some jurisdictions across the country have looked at increasing compensation (generally to $50/day), but that she had not heard of the idea of splitting the cost between plaintiffs and defendants
- Chair McCullough noted the task force could ask the National Center for State Courts what all the different payment models are
- It would be helpful to have a task force meeting solely focusing on juror compensation and hearing what payment methods other jurisdictions have tried
- Tolbert noted the idea of paying jurors based on their tax bracket
- Tolbert will look into that and send the research to Chair McCullough
- Harvis recommended looking into the San Francisco area’s jury pilot program where they looked into increasing juror compensation to $100, they also used a bracketing system
Next Meeting
- Date: April 7, 2026
- Time: 11:30 a.m. - 1:00 p.m.
- Via: Webex Webinar
Relevant Portions of Oregon Revised Statutes Chapter 132
Task Force on Removing Barriers to Jury Service
Relevant Portions of Oregon Revised Statutes Chapter 132
132.010 Composition. A grand jury is a body of seven persons drawn from the jurors in attendance upon the circuit court at a particular jury service term, having the qualifications prescribed by ORS 10.030 and sworn to inquire of crimes committed or triable within the county from which they are selected.
132.020 Selection of grand juries; law applicable to additional jury; when inquiry void.
- (1) Under the direction of the court, the clerk shall draw names at random from the names of jurors in attendance upon the court until the names of seven jurors are drawn and accepted by the court. The seven persons thus chosen shall constitute the grand jury.
- (2) When the court, in its discretion, considers that one or more additional grand juries is needed for the administration of justice, one or more additional grand juries shall be selected in the manner provided in subsection (1) of this section.
- (3) Any law applicable to the grand jury is equally applicable to any additional grand jury selected under subsection (2) of this section, except that whenever any duties or functions are imposed upon the grand jury, it shall be sufficient if such duties or functions are performed by one of the grand juries selected under this section.
- (4) Any inquiry or investigation required by law to be made by a grand jury shall be void, unless such inquiry or investigation was made entirely by the same grand jury.
132.030 Challenge of juror prohibited; when juror may be excused. 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.
132.110 When juror discharged; replacement; proceeding with lesser number. After the formation of the grand jury and before it is discharged, the court may:
- (1) Discharge a grand juror who:
- (a) Becomes sick, is out of the county or fails to appear when the grand jury is summoned to reconvene;
- (b) Is related, by affinity or consanguinity within the third degree, to the accused who is under investigation by the grand jury, or held for the commission of a crime; or
- (c) Is unable to continue in the discharge of duties.
- (2) Order that another person be drawn at random and sworn from the jurors then in attendance upon the court, or if no other jurors are there in attendance, from the master jury list of the county, to take the place of a discharged juror.
- (3) Allow at least five grand jurors to proceed upon good cause shown.
132.120 Jury service term; continuation. When the jury service term is completed the grand jury must be discharged by the court; but the judge may, by an order made either in open court or at chambers anywhere in the judicial district and entered of record, stating the reasons, continue the grand jury in session for such period of time as the judge deems advisable.
132.210 Immunity of jurors as to official conduct. A grand juror cannot be questioned for anything the grand juror says or any vote the grand juror gives, while acting as such, relative to any matter legally pending before the grand jury, except for a perjury or false swearing of which the grand juror may have been guilty in giving testimony before such jury.
132.360 Number of jurors required to concur. A grand jury may indict or present facts to the court for instruction as provided in ORS 132.370, with the concurrence of five of its members, if at least five jurors voting for indictment or presentment heard all the testimony relating to the person indicted or facts presented.
Relevant Portions of Oregon Revised Statutes Chapter 136
Task Force on Removing Barriers to Jury Service
Relevant Portions of Oregon Revised Statutes Chapter 136
136.001 Right to jury trial; waiver.
- (1) The defendant and the state in all criminal prosecutions have the right to public trial by an impartial jury.
- (2) Both the defendant and the state may elect to waive trial by jury and consent to a trial by the judge of the court alone, provided that the election of the defendant is in writing and with the consent of the trial judge.
136.005 Challenge to jury panel.
- (1) The district attorney or the defendant in a criminal action may challenge the jury panel on the ground that there has been a material departure from the requirements of the law governing selection of jurors by filing a motion with the court supported by an affidavit alleging facts that, if true, constitute a material departure from the requirements of the law governing the selection of jurors. The party making the motion shall serve the motion and supporting affidavit on the other party, the trial court administrator and the State Court Administrator.
- (2) A challenge to the panel shall be made before the voir dire examination of the jury.
- (3) If the court determines that there has been a material departure from the requirements of the law governing selection of jurors, the court shall:
- (a) Stay the proceedings pending the selection of a jury panel in conformity with the applicable provisions of law; and
- (b) Grant such other relief as may be appropriate.
- (4) The procedures prescribed by this section are the exclusive means by which a district attorney or defendant may challenge a jury panel.
136.030 How issues are tried. An issue of law shall be tried by the judge of the court and an issue of fact by a jury of the county in which the action is triable.
136.210 Jury number; examination.
- (1) Except as provided in subsection (2) of this section, in criminal cases the trial jury shall consist of 12 persons unless the parties consent to a less number. It shall be formed, except as otherwise provided in ORS 136.220 to 136.250, in the same manner provided by ORCP 57 B, D(1)(a), D(1)(b), D(1)(g) and E. When the full number of jurors has been called, they shall thereupon be examined as to their qualifications, first by the court, then by the defendant and then by the state. After they have been passed for cause, peremptory challenges, if any, shall be exercised as provided in ORS 136.230.
- (2) In criminal cases in the circuit courts in which the only charges to be tried are misdemeanors, the trial jury shall consist of six persons.
136.220 Challenge for implied bias. A challenge for implied bias shall be allowed for any of the following causes and for no other:
- (1) Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged in the accusatory instrument, to the complainant or to the defendant.
- (2) Standing in the relation of guardian and ward, attorney and client, physician and patient, naturopathic physician and patient, physician associate and patient, nurse practitioner and patient, master and servant, debtor and creditor, principal and agent or landlord and tenant with the:
- (a) Defendant;
- (b) Person alleged to be injured by the offense charged in the accusatory instrument; or
- (c) Complainant.
- (3) Being a member of the family, a partner in business with or in the employment of any person referred to in subsection (2)(a), (b) or (c) of this section or a surety in the action or otherwise for the defendant.
- (4) Having served on the grand jury which found the indictment or on a jury of inquest which inquired into the death of a person whose death is the subject of the indictment or information.
- (5) Having been one of a jury formerly sworn in the same action, and whose verdict was set aside or which was discharged without a verdict after the cause was submitted to it.
- (6) Having served as a juror in a civil action, suit or proceeding brought against the defendant for substantially the same act charged as an offense.
- (7) Having served as a juror in a criminal action upon substantially the same facts, transaction or criminal episode.
136.230 Peremptory challenges.
- (1) If the trial is upon an accusatory instrument in which one or more of the crimes charged is punishable with imprisonment in a Department of Corrections institution for life or is a capital offense, both the defendant and the state are entitled to 12 peremptory challenges, and no more. In any trial before more than six jurors, both are entitled to six. In any trial before six jurors, both are entitled to three.
- (2) Peremptory challenges shall be taken in writing by secret ballot as follows:
- (a) The defendant may challenge two jurors and the state may challenge two, and so alternating, the defendant exercising two challenges and the state two until the peremptory challenges are exhausted.
- (b) After each challenge the panel shall be filled and the additional juror passed for cause before another peremptory challenge is exercised. Neither party shall be required to exercise a peremptory challenge unless the full number of jurors is in the jury box at the time.
- (c) The refusal to challenge by either party in order of alternation does not prevent the adverse party from exercising that adverse party’s full number of challenges, and such refusal on the part of a party to exercise a challenge in proper turn concludes that party as to the jurors once accepted by that party. If that party’s right of peremptory challenge is not exhausted, that party’s further challenges shall be confined, in that party’s proper turn, to such additional jurors as may be called.
- (3) Notwithstanding subsection (2) of this section, the defendant and the state may stipulate to taking peremptory challenges orally.
- (4) Peremptory challenges are subject to ORCP 57 D(4).
136.240 Challenge of accepted juror. If the peremptory challenges of the moving party are not already exhausted, the court may for good cause shown permit a challenge to be taken to any juror before the jury is completed and sworn, notwithstanding the juror challenged may have been theretofore accepted.
136.250 Taking of challenges; number of challenges if two or more defendants. All peremptory challenges may be taken by the state or defendant, but when several defendants are tried together, the defendants are entitled to the number of challenges they would have had if each defendant had been tried separately. When two or more defendants are tried together, the state is entitled to the same total number of peremptory challenges as the sum of the peremptory challenges the defendants could have exercised.
136.260 Selection of alternate jurors; peremptory challenges.
- (1)
- (a) In the trial of a person charged with a crime, the court may in its discretion direct the calling of additional jurors, to be known as “alternate jurors.” The court may call:
- (A) One to six additional jurors if the person is charged with a felony; and
- (B) One to three additional jurors if the person is charged with a misdemeanor.
- (b) Jurors called under paragraph (a) of this subsection:
- (A) Must be drawn from the same source and in the same manner and must have the same qualifications as other jurors in the case.
- (B) Are subject to the same examination and may be challenged in the same manner as other jurors.
- (c) In the drawing of alternate jurors, the names of jurors excused for cause or on peremptory challenges in the selection of the jury to which the jurors shall serve as alternates must be excluded from the names from which the drawing is made.
- (2) Each side is entitled to the following peremptory challenges in addition to those otherwise allowed by statute:
- (a) If one or two alternate jurors are to be impaneled, each side is entitled to one peremptory challenge.
- (b) If three or four alternate jurors are to be impaneled, each side is entitled to two peremptory challenges.
- (c) If five or six alternate jurors are to be impaneled, each side is entitled to three peremptory challenges.
- (3) The court has discretion to decide:
- (a) When and in what manner the alternate jurors are selected;
- (b) When and in what manner the additional peremptory challenges described in subsection (2) of this section may be used; and
- (c) When and in what manner the alternate jurors are informed of their status as alternate jurors.
136.270 Oath, conduct and attendance of alternate jurors at trial. Alternate jurors shall take the same oath and shall be subject to the same laws, orders and rules, including any order preventing the separation of the jury during the trial, shall be seated near the other jurors in the case, with equal opportunity and facilities for seeing and hearing the proceedings and shall attend at all times upon the trial of the case in company with the other jurors.
136.280 Substitution of alternate for discharged juror; retention and discharge of alternates.
- (1) If, before the final submission of the case, any juror dies or is unable to perform the duty because of illness or other sufficient cause, the court shall discharge the juror from the case. The court shall draw the name of an alternate juror, who shall then become a member of the jury, replacing the discharged juror as though the alternate juror had been selected as one of the original jurors.
- (2) If, after the jury has begun deliberations, any juror dies or is unable to perform the duty because of illness or other sufficient cause, the court shall discharge the juror from the case and may draw the name of an alternate juror to replace the discharged juror if:
- (a) An alternate juror is available and has not yet been discharged; and
- (b) Both parties agreed to the substitution after the jury was selected but prior to the beginning of the trial.
- (3) If an alternate juror replaces a juror under this section after deliberations have begun, the court shall instruct the jury to begin deliberations anew.
- (4) The court may retain alternate jurors after the case is submitted to the jury to replace jurors as provided in subsection (2) of this section. An alternate juror retained under this subsection shall not attend or otherwise participate in deliberations unless the alternate juror is selected to replace a juror.
- (5) An alternate juror who does not replace a juror as provided in subsection (1) or (2) of this section and who is not retained as provided in subsection (4) of this section shall be discharged after deliberations have begun.
136.320 Function of jury; jury to receive law as laid down by court. Although the jury may find a general verdict, which includes questions of law as well as fact, it is bound, nevertheless, to receive as law what is laid down as such by the court; but all questions of fact, other than those mentioned in ORS 136.310, shall be decided by the jury, and all evidence thereon addressed to it.
136.325 Jury not to be informed of and not to consider punishment that may be imposed. Except as required in ORS 161.313 and 163.150, the jury in a criminal proceeding may not be informed of, and may not consider, any punishment that the court may impose if the defendant is convicted of the charge.
136.450 Number of jurors required for verdict.
- (1) A jury in a criminal action may render a verdict of guilty only by unanimous agreement.
- (2) A jury in a criminal action may render a verdict of not guilty only by a concurrence of at least 10 of 12 jurors.
136.776 Effect of waiver of right to jury trial. When a defendant waives the right to a jury trial on the issue of guilt or innocence, the waiver constitutes a written waiver of the right to a jury trial on all enhancement facts whether related to the offense or the defendant.
136.792 Jury upon remand.
- (1) For the purpose of imposing a new sentence in a case that has been remanded to a trial court that will result in resentencing for which a new sentence has not been imposed prior to July 7, 2005, the court may impanel a new jury to determine the enhancement facts as defined in ORS 136.760. Laws relating to impaneling a jury for a criminal trial apply to impaneling a jury under this section.
- (2) ORS 136.785 (3) does not apply to a case in which the court has impaneled a new jury under this section. In a case with a jury impaneled under this section, an enhancement fact is not proven unless the number of jurors who find that the state has met its burden of proof with regard to the enhancement fact is equal to or greater than the number of jurors that was required to find the defendant guilty of the crime.
PowerPoint: Jury Service at Local Courts
Slide 1: Jury Service at Local Courts
- Associate Judge Tucker Rossetto
- Beaverton Municipal Court
- Image Alt. Text: Beaverton Oregon
Slide 2: Intro to Local Courts
- What are “local courts”?
- City municipal courts and county justice courts that fall outside of the state-funded court system (i.e. OJD: Supreme Court, Court of Appeals, Tax Court, and circuit courts).
- Generally, have limited jurisdiction compared to circuit courts (detail to follow).
- Only 10 local courts are courts of record (unlike circuit courts).
- The court maintains permanent records of the proceedings within their court, provides a court reporter or audio recording system, has a judge or justice of the peace that is a licensed attorney, and has obtained a certification as a court of record from the Oregon Supreme Court.
- As in circuit court, appeals from courts of record go to the Court of Appeals; appeals from non courts of record instead go to the local circuit court and are “de novo.”
Slide 3: Municipal Courts
- There are 118 municipal courts throughout the state, from Athena to Beaverton to Bandon.
- Some are “full-time” (example: Beaverton Municipal Court, open for operations Monday-Friday, 7:30 a.m. to 4;30 p.m. with daily court dockets) while others are not (example: Gaston Municipal Court, which meets once every two months).
- Municipal Court Judges
- ORS 221.140: The council of a city created under ORS 221.010 shall appoint a municipal judge and such other officers as it deems necessary for the proper government of the city, who shall be removable at the discretion of the council, receive such compensation as the council approves, and have such powers and duties as the council prescribes. [note: some cities, per their charter, elect municipal court judges, e.g. Salem Municipal Court judges]
- Per statute, municipal court judges do not need to be a licensed attorney (although they must be so for the court to be a court of record). If they are not an attorney, they can instead complete a course on “courts of special jurisdiction.” (ORS 221.412)
- Some
- municipalities require their judges to be members of the bar (example: Beaverton City Charter 4.3(b): “All municipal judges must be members in good standing of the bar of the state of Oregon.”)
Slide 4: Municipal Courts, Continued
- Municipal Court Jurisdiction (ORS 221.339):
- (1) A municipal court has concurrent jurisdiction with circuit courts and justice courts over all violations committed or triable in the city where the court is located.
- (2) Except as provided in subsections (3) and (4) of this section, municipal courts have concurrent jurisdiction with circuit courts and justice courts over misdemeanors committed or triable in the city.
- (3) Municipal courts have no jurisdiction over felonies, designated drug-related misdemeanors as defined in ORS 423.478 (Duties of department and counties) or Class E violations.
- This jurisdiction covers both misdemeanor and violation offenses created by state statute and city code or ordinance.
- Unlike circuit courts and justice courts, municipal courts lack civil law jurisdiction.
- Of the 118 municipal courts in Oregon, only 20-25 exercise criminal jurisdiction.
Slide 5: Justice Courts
- Justice Court Defined – ORS 51.010
- A justice court is a court held by a justice of the peace within the justice of the peace district for which the justice of the peace may be chosen. There are no particular terms of such court, but the same is always open for the transaction of business, according to the mode of proceeding prescribed for it.
- There are 26 justice courts throughout the state.
- Jurisdiction must be contained within a county’s boundaries and the county can create up to six districts within its boundaries (example: Douglas, Gilliam, Hood River, and Morrow County each have two districts and thus two justice courts).
- ORS 51.035 allows intergovernmental agreements between cities and counties in which the justice court can also function as a municipal court for a municipality within its district (example: Malheur County Justice Court / Ontario and Nyssa Municipal Courts).
Slide 6: Justice Courts
- Justices of the Peace
- Per statute, each district may only have one justice of the peace, whom is elected to a six-year term.
- Like municipal court judges, justices of the peace do not need to be a licensed attorney (although they must be so in order to be a court of record). If they are not an attorney, they can instead complete a course on “courts of special jurisdiction” (ORS 51.240).
- Justices of the peace are also required to attend or participate in a certain amount of ongoing education (similar to how lawyers must complete continuing legal education).
Slide 7: Justice Courts, Continued
- ORS 51.050 - Criminal Jurisdiction
- (1) Except as otherwise provided in this section, in addition to the criminal jurisdiction of justice courts already conferred upon and exercised by them, justice courts have jurisdiction of all offenses committed or triable in their respective counties. The jurisdiction conveyed by this section is concurrent with any jurisdiction that may be exercised by a circuit court or municipal court.
- (2) In any justice court that has not become a court of record under ORS 51.025, a defendant charged with a misdemeanor shall be notified immediately after entering a plea of not guilty of the right of the defendant to have the matter transferred to the circuit court for the county where the justice court is located. The election shall be made within 10 days after the plea of not guilty is entered, and the justice shall immediately transfer the case to the appropriate court.
- (3) A justice court does not have jurisdiction over the trial of any felony or a designated drug-related misdemeanor as defined in ORS 423.478. A justice court does not have jurisdiction over Class E violations. Except as provided in ORS 51.037 (Agreement between city and county for provision of judicial services), a justice court does not have jurisdiction over offenses created by the charter or ordinance of any city.
- Only six justice courts in Oregon exercise criminal jurisdiction and only four of those hold jury trials (the other two will transfer the case to circuit court for trial).
Slide 8: Justice Courts, Continued
- ORS 51.080 - Civil Jurisdiction of Justice Court
- A justice court has jurisdiction, but not exclusive, of the following actions:
- (a) For the recovery of money or damages only, when the amount claimed does not exceed $10,000.
- (b) For the recovery of specific personal property, when the value of the property claimed and the damages for the detention do not exceed $10,000.
- (c) For the recovery of any penalty or forfeiture, whether given by statute or arising out of contract, not exceeding $10,000.
- (d) To give judgment without action, upon the confession of the defendant for any of the causes specified in this section, except for a penalty or forfeiture imposed by statute.
Slide 9: Differences with Circuit Court
- Beyond subject matter jurisdiction, largely size and volume.
- Washington County Circuit Court
- 17 judges (plus several volunteer pro tem judges)
- 2025:
- 32,788 cases filed (2,541 felonies; 6,923 misdemeanors; 349 violations)
- 219 jury trials (139 felonies, 72 misdemeanors, 7 civil)
- 2024:
- 31,930 cases filed (2,786 felonies; 5,988 misdemeanors; 589 violations)
- 208 jury trials (107 felonies, 88 misdemeanors, 12 civil)
- Beaverton Municipal Court
- 3 judges
- 2025:
- 35,220 cases filed (1,749 misdemeanors; 3,490 parking; 29,913 violations)
- 5 jury trials
- 2024:
- 27,020 cases filed (1,934 misdemeanors; 4,575 parking; 20,448 violations)
- 3 jury trials
Slide 10: Local Courts - Trial By Jury
- In all meaningful ways, local court jury trials are identical to jury trials in circuit courts, i.e. criminal defendants have all of the same statutory and constitutional rights Ms. McCullough spoke to in our last meeting.
- ORS 221.354 – Trial by Jury in Criminal Cases:
- "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.”
- Example: Beaverton City Code, 2.04.031:
- "Except as otherwise provided by this code, by state law or by court rule, trials shall be conducted as trials in circuit courts. The rules of evidence shall be the same as in the state courts and shall include applicable state law regarding the introduction or admission of evidence.”
Slide 11: Local Courts - Jury Summons
- Reminder: less than 30 local courts have jury trials.
- Unlike OJD, which uses a uniform summons and jury management software across all circuit courts, the summons and jury management process varies from court to court.
- Example: Beaverton Municipal Court’s Summons Process
- Every quarter, we obtain a list of 500-600 Beaverton voters from Washington County’s Elections Division.
- Those who had prior jury service within the last year are automatically removed by our jury management software.
- Jurors are mailed a letter, informing them they have been selected for the quarter and may be asked to serve on up to two trials that quarter.
- Are also mailed an eligibility form they need to complete and return (with a preaddressed, stamped envelope) which includes fields for requests for excusal and/or deferral.
Slide 12: Local Courts - Jury Summons
- Beaverton Municipal Court’s Summons Process, Continued
- By the court’s General Order, the jury coordinator can excuse a potential juror if they demonstrate they are statutorily ineligible (e.g. were convicted of a felony within the preceding 15 years) or qualify for a mandatory excusal (e.g. 70 years of age or older)
- All other requests for excusal or deferral are reviewed by a judge.
- Approximately 30 potential jurors from the pool are then mailed a trial summons with the trial date and time about one month prior to trial along with another questionnaire and the email address for our jury coordinator.
- The same process regarding requests for excusal or deferral apply.
- Jurors are given a phone number to call the night before trial to determine if trial is still scheduled (if trial is cancelled or rescheduled sufficiently far out, notice is provided in advance).
Slide 13: Local Courts - Jury Summons
- Of the thirty who get summoned for each trial, typically 1-5 jurors are excused pretrial upon request and an additional 1-5 do not show up day of trial.
- Most common requests for excusal:
- Physical or mental health;
- Need to provide care for a dependent;
- Cost of missing work;
- Cost of childcare;
- Lack or cost of transportation, and
- Prescheduled travel or appointment.
- Unique issue for some smaller jurisdictions: as the geographical boundaries and eligible populations are smaller, it is more likely that potential jurors end up being excused day of trial due to knowledge of or relationship with a party or witness.
Slide 14: Juror Compensation: ORS 10.061-.065
- Fees Payable to Jurors
- Circuit courts are required to pay jurors $10 per day for the first two days and then $25 a day for each day thereafter.
- Local courts are only required to pay $10 per day (but, based on their limited subject matter jurisdiction, it is extremely unlikely that a juror’s service would exceed two days).
- Mileage Fees and Reimbursement
- Per statute, local court mileage compensation is only eight cents per mile as opposed to 20 cents per mile for circuit court.
- The State Court Administrator may reimburse circuit court jurors for extraordinary expenses (public transportation, dependent care, etc.).
- Cities and counties may provide by ordinance for additional juror fees or reimbursement for mileage and other expenses (example: Beaverton pays a set amount of $3.00 for mileage).