Trial by jury has been a cornerstone of freedom and justice for centuries. The Oregon and United States Constitutions protect the right of citizens to a jury trial as vital to the administration of justice. Your public service as a juror is one of the most important functions of our democracy. The proper and efficient functioning of the justice system requires jurors to exercise intelligence, integrity, sound judgment and complete impartiality.
This handbook has been written to help you better understand jury service in state courts. It will supplement the juror orientation process used in your judicial district.
Why did I receive a summons for jury service?
The clerk of the court in your county or judicial district compiles
an annual master list of potential jurors. This list draws upon
lists of registered voters, licensed drivers and other approved
sources. At least 2% of the county’s population is on the master
list. Names are then drawn randomly from the list, and those people
are summoned for jury service. If the master list has been exhausted
(a rare circumstance) and an immediate need exists, the court
may order that jurors be summoned from any source – even from
people walking down a public street..
What happens if someone ignores a summons for jury service?
The court may issue an order requiring that person to appear in court. If the person ignores the summons, the court may
hold the person in contempt. Similarly, a person who fails to complete jury service without first getting permission from the court may be punished for contempt. If you receive a summons but cannot comply with the summons, you must follow the
procedures to be “excused” by the court.
How do people get excused from jury service?
Only a judge or the clerk of the court may excuse a person from jury service. If you are over age 70 your request will be automatically granted. If you are under age 70 an excuse will
be granted only when you show “undue hardship” or “extreme inconvenience.” The judge or court clerk will “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.” Active members of the military are exempt from
jury service.
May jury service be postponed?
Yes. If “good cause” is shown the clerk may defer your
jury service to any other term beginning within one year after
the end of the term for which you were originally summoned.
Can I lose my job for reporting to jury service?
No. Under Oregon law, your employer may not discharge you because of jury
service. An employer also may not threaten to discharge, intimidate or coerce
an employee because of jury service. The court may take action against an
employer who
violates these laws.
Will my employer pay me while I am on jury service?
Your employer’s personnel policies, or the specific employment agreement between
you and your employer, will determine whether any compensation is payable to
you during jury service. There is no statutory requirement that an employer
pay salary or wages during an employee’s jury service.
Do jurors get paid for jury service?
Yes. Juror fees are fixed by the legislature. In a circuit court, a juror
is entitled to $10 per day for the first and second day of service, then
$25 for the third and subsequent days of service. Mileage reimbursement
is $.20 per mile to travel to jury service in the circuit court. Juror pay
is subject to income tax but need not be reported for social security purposes.
A juror is entitled to receive payment for a full day when called to court,
even if that person does not actually participate in trial or is excused
immediately after answering the roll call. If necessary during the course
of jury deliberations, the judge may order that food, drink, lodging or
transportation be provided to a jury depending upon the circumstances of
the case.
If your employer pays your wages or salary for your days of jury service,
you must waive the daily juror fees unless otherwise provided in your employment
agreement.
Who is eligible for jury service?
Generally, any person who is (1) at least 18 years old (2) a U.S. citizen and
(3) resides in the county when summoned. Many counties or judicial districts
use a written form to determine in advance a person’s eligibility to serve
as a juror.
Oregon law provides that “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.”
If you need special assistance with a speech or hearing disability, you should
submit a written request to the court. If the court finds that you require
the services of a qualified interpreter or the use of an assistive communication
device to perform the functions of a juror, the necessary services will be
provided at the court’s expense.
Who is not eligible for jury service?
Anyone who has served on jury duty in a state or federal court in Oregon within
the last 24 months is not eligible. A person is also not eligible if he or
she has been convicted of a felony and is in state prison, or has received
a suspended sentence conditioned on service of county jail time or has had
his or her probation revoked and must serve any portion of a suspended sentence.
In criminal cases, no person may serve on a jury who has been convicted of
a felony or served a felony sentence within the prior 15 years. Further, no
person convicted of a misdemeanor involving violence or dishonesty or having
served a sentence for such a crime within the previous five years is eligible
to serve as a juror on a criminal case.
May a person request jury service?
No. Special placement as a juror is at odds with the goal of random jury selection. It is illegal for any person to procure or offer to procure jury service for a person. A person may be
fined for requesting or procuring jury service.
How many days will jury service last?
Each county sets a different amount of time for the juror’s term of service. Some counties ask you to serve for one trial
only (or one day if you are not selected for trial or grand jury). In other counties you may serve for several trials during a
two-week term. Some counties require you to telephone the clerk’s office during a 30-day term to determine the days when your attendance is needed.
How are jurors selected for a particular trial?
First, the court clerk selects anywhere from 15 to 35 prospective jurors at
random from the larger jury pool. This smaller group of potential jurors is
seated in a courtroom. Then the judge’s clerk or bailiff places each person’s
name on a separate slip of paper. All of these slips are then placed in a box.
The clerk shakes the box vigorously to ensure a completely random selection
of names. After the slips are mixed the clerk begins drawing names one at a
time from the box. When an appropriate number of names have been drawn and
called, those potential jurors take an oath. This begins the most important
step in jury selection, which is called “voir dire.”
What is “voir dire?”
“Voir dire” is a French term that means “to speak the truth.” In jury selection,
voir dire refers to the procedure for selecting a panel of jurors by asking
them questions. Voir dire usually begins when the judge or the lawyers briefly
explain the general nature of the case to be tried, along with the names of
the lawyers and parties involved in the case. The prospective jurors are then
given an oath to truthfully answer any questions they may be asked. The judge
may start by asking a few general questions. The judge usually asks whether
anyone is acquainted with any of the people involved in the lawsuit and whether
anyone has any knowledge of the lawsuit. The lawyers for the parties then take
turns asking questions.
What type of questions will be asked by the lawyers during voir dire?
The lawyers will ask a variety of questions to help them learn about the prospective
jurors’ backgrounds, attitudes and general beliefs. Although such questions
may seem intrusive, they are both proper and necessary. The parties and their
lawyers have a legitimate concern in knowing as much as they can about the
people who will decide their case.
Withholding information or failing to answer questions would be a serious breach
of the juror’s oath. If a person forgets and later remembers information concerning
a question in jury selection, he or she should bring this immediately to the
attention of the trial judge. Failure to bring new or newly remembered information
to the judge’s attention may cause the trial to be restarted at considerable
expense to the parties.
What does it mean when a juror is “challenged”?
During questioning, if a prospective juror indicates that he or she is not
legally qualified to act as a juror in the particular case, the lawyer will
then say, “I challenge the juror for cause.” If the judge is satisfied that
the reason given for the challenge is sufficient, the juror will be excused.
After all the jurors have been questioned and there are no longer any challenges
“for cause,” the lawyers on each side may exercise a certain number of “peremptory
challenges.”
Why would a juror be challenged “for cause?”
In Oregon, a juror can be disqualified “for cause” for any of the
following reasons:
(1) A juror is not eligible to serve.
(2) A juror has a mental or physical condition that would render the juror incapable of performing the duties of a juror in the particular action without prejudice to the substantial rights of a party.
(3) A juror is related by blood or marriage within the fourth degree to any party (or to the person alleged to have been injured by an alleged crime).
(4) A juror has an existing relation with a party (or alleged crime victim) such as physician and patient, landlord and tenant, attorney and client, or debtor and creditor.
(5) A juror is a partner in business with a party, or is in an employment relation with any party.
(6) A juror has served as a juror on a previous trial in the same action, or in another action between the same parties for the same action, or in a case involving substantially the same facts or transaction.
(7) A juror has an interest in the outcome of the action, or the principal question involved.
(8) A juror has “actual bias.”
What does “actual bias” mean? Can’t a juror have any opinions?
The term “actual bias” means the juror has a state of mind that would interfere
with his or her ability to try the issue impartially and without prejudice
to the substantial rights of a party. The state of mind may exist concerning
the action, a party to the action, the sex of a party, the party’s attorney,
a victim, a witness or a racial or ethnic group. Where a juror has an opinion
upon the merits of the case, perhaps from what he or she may have heard or
read, that opinion will constitute “actual bias” only when all of the circumstances
indicate that the juror cannot disregard his or her own opinion and try the
issue impartially.
What is a “peremptory” challenge?
Each party may excuse a certain number of jurors without
giving a reason. These are called “peremptory” challenges. There may be many different reasons why a lawyer for a party would challenge a juror without a stated cause. For example, in a criminal case a lawyer or party might want to excuse persons who have close friends or family in law enforcement. Although no reason need be given for a peremptory challenge, it is improper under Oregon law to exercise a peremptory challenge on the basis of race, ethnicity or sex.
After both sides have completed their challenges and any excused
panelists have been replaced, the remaining jurors in the box are “empanelled.”
A second oath is administered to the trial jury that they “will well and
truly try the matter in issue between the plaintiff and defendant, and
a true verdict given according to the law and evidence as given them on
the trial.” If a person is unwilling to “swear” to an oath because of personal
or religious beliefs, he or she will be allowed instead to “affirm.” When
a person affirms he or she promises “under the pains and penalties of perjury”
to carry out the functions
undertaken as a juror.
Why do some juries have different numbers of jurors?
Time limitations, strategy, the nature of the crime charged and
the amount at stake will determine the size of the jury. The “importance”
of a case does not determine the size of the jury — a case on which
six jurors sit may be more important than a case in which twelve
are selected. In some cases, alternate jurors may be selected to
hear the evidence also. This is done in case the court needs to
replace an empanelled juror due to illness or some other emergency.
If none of the jurors are replaced, the alternates are excused
when the jury retires to deliberate.
What are “parties” to a case?
The term “parties” means the plaintiff (the person who starts the case) and
the defendant (the person against whom the case is brought). In criminal cases
the plaintiff is usually the State of Oregon.
What is the jury’s role?
The jury evaluates the evidence, determining how reliable it is and deciding
what to believe. The jury decides what the facts are and then applies those
facts to the law. The law will be contained in the instructions of the trial
judge.
What does the judge do?
The trial judge presides over the trial and decides what laws apply. The judge
then instructs the jury as to the correct law in each case. Although some people
may claim that a jury can “nullify” the law, this view is legally incorrect
and severely prejudices the administration of justice. Jurors who disregard
the trial judge’s instructions have violated their oath.
After the jury is empanelled the trial begins. The trial judge starts by giving the jurors some preliminary instructions about the trial. Then the lawyer for each party makes an opening statement. The lawyer for the plaintiff usually speaks first. The opening statements often describe the factual contentions and the evidence that each party expects to present. The opening statements are not evidence. They are only outlines of what each party expects the evidence to show.
How is evidence presented to the jury?
The plaintiffs in the case call witnesses and question them. The questioning of a witness by the party who called the witness is known as “direct examination.” Each party has a right to ask questions of the witnesses of the other party. This is called “cross-examination.” Usually the plaintiff first calls all of his or her witnesses. When a party has called all the witnesses that he or she wishes at that time, that party rests. Where there is more than one plaintiff, the other plaintiff then calls witnesses and then likewise rests. Then the defendant or defendants may call witnesses. This continues until all parties have rested. In a criminal case, the burden of proof is entirely on the prosecution and no adverse inference may be drawn if the defendant calls no witnesses. After both the plaintiff and the defendant have rested their cases, the plaintiff may call witnesses to “rebut” the testimony of the defendant’s witnesses if there have been any. This is called “rebuttal testimony.” The defendant may then call additional rebuttal witnesses.
Why do lawyers make objections?
During a trial, the lawyers for both sides may make objections
to questions asked or evidence offered by the other side. This
is part of the lawyer’s job. A lawyer may object to questions he
or she believes to be improper under the rules of evidence.
If the judge agrees with an objection the judge will “sustain”
the objection. If the judge considers an objection to be incorrect
the judge will “overrule” the objection and the jury will be allowed
to consider the evidence. The judge’s ruling does not indicate
favor for one side or one lawyer over the other. The rulings reflect
only the judge’s determination of whether the questions asked are
in proper form and which evidence may be considered by the jury
under the rules of evidence.
What happens after all of the evidence is presented?
After all of the evidence is presented, the lawyers make closing
arguments. In their closing arguments, the lawyers try to summarize
the evidence and persuade the jury to find in favor of their respective
clients. The judge then gives the “charge,” or instructions, to
the jury. In these instructions, the issues that jurors must decide
are defined. When the judge has finished, the jurors retire to
the jury room to deliberate the case.
Do parts of the trial occur outside the hearing of the jury?
Yes. Sometimes the judge may excuse the jury from the room so that
a point of law or an objection can be argued. Occasionally the
lawyers may speak with the judge out of the hearing of the jury.
These brief conferences are often held at the judge’s bench to
avoid the inconvenience of having the jury file out and in again.
Bench discussions are necessary for several reasons: (1) to simplify
issues relating to the trial; (2) to enter stipulations which make
it unnecessary for the jury to listen to time-consuming evidence
when both sides agree about the facts; (3) to prevent a mistrial
by discussing delicate areas in advance and (4) to allow for careful
consideration of legal points which, if decided incorrectly, could
lead to appeal and retrial. Sometimes a case even reaches settlement
during such conferences. While this may seem to be a waste of the
jury’s time at the moment, a case that doesn’t need to be tried
saves time in the long run for the courts and for the jurors.
How should jurors conduct themselves during the trial?
All jurors are required to be prompt. Each juror must hear all the evidence,
and tardiness causes delay and inconvenience to the judge, the parties, the
witnesses, the lawyers and the other jurors. As a juror you usually must sit
in the same seat in the jury box throughout the trial to enable the judge,
the clerk and the lawyers to identify you more easily. When a court session
begins and the judge enters the courtroom, everyone in the courtroom rises.
Jurors should pay careful attention to all the evidence presented. You should
notify the judge if you cannot hear a witness, lawyer or the judge.
May a juror discuss the trial before deliberation?
No. While you are a juror, and before you retire to deliberate in the jury
room, you should not talk to anyone about the case — not even another juror.
Nor should you permit anyone to talk to you about the case. Even friendly chats
with the lawyers, parties and witnesses must be avoided. You should not listen
to radio or television accounts of the trial or read articles about it in the
newspapers. You also should not talk to your friends or to members of your
own family about the case while it is pending. If a person persists in talking
to you about the trial, or attempts to influence you as a juror, you should
report it to the judge immediately.
Are jurors allowed to ask questions?
Most questions that occur to you in the course of a trial are answered
at some point later in the trial. Because there are rules about
what can be considered evidence, there are restrictions on the
types of questions asked of the witnesses. Some judges allow
jurors to ask questions, usually in writing.
May a juror take notes during the trial?
Jurors may take notes during the trial. If you choose to take notes,
do not let it interfere with your ability to observe and evaluate
witnesses. Keep in mind that each party is entitled to your full
attention. During deliberation you should not give undue weight
to another juror’s notes if those notes conflict with your recollection
of the evidence. If you take notes, your notes should be left in
the jury room at all times.
Is the jury usually sequestered or kept overnight?
No. Only in rare cases are members of the jury kept away from their
homes during trial. You can leave to have lunch and to go home
at night, but you cannot discuss the case with anyone – even with
a family member.
What should a juror do if something improper occurs during the
trial?
If you learn of something that the judge should know about you
may ask to see the judge. You should send a message to the judge
by the officer in charge of the jury, the bailiff or the clerk
of the court.
How should jurors conduct their deliberations?
Upon retiring to the jury room to deliberate, the jury selects
a presiding juror. It is the presiding juror’s duty to see that
the deliberations are conducted in an orderly fashion and to see
that the issues submitted for consideration are fully and fairly
discussed. The presiding juror should make sure that every juror
has a chance to say what he or she thinks on every question. When
ballots need to be taken, the presiding juror should see that it
is done. The presiding juror should sign any written request made
of the judge.
How do jurors reach a verdict?
When you deliberate you should weigh the evidence calmly and fairly.
Every juror should listen carefully to the views of the other members
of the jury and consider them with an open mind. You should not
look up any information in books or dictionaries. You should not
conduct any independent personal investigation. If you have special
knowledge or information about any of the facts of a particular
case, you should not communicate that information to other jurors.
In deciding a case jurors are expected to bring to bear all the
experience, common sense and common knowledge they possess; but
they are not to rely on any private source of information. The
jury’s verdict must be based only on the evidence and on the judge’s
instructions as to the law.
How is voting conducted by the jurors?
Your final vote should represent your own opinion. When
differences of opinion arise between jurors, the jurors should
say what they think and why they think it. While you should not
hesitate to change your viewpoint if your opinions change during
deliberation, jurors must not try to force agreement. Jurors should
not refuse to listen to the arguments and opinions of others and
must not permit any decision to be reached by chance or the “toss
of a coin.”
The number of jurors needed to agree upon a verdict will vary depending
upon the number of persons sitting on the panel, whether it is
a civil or a criminal case and the jurisdiction of the court. The
judge will instruct you about the specific number of jurors that
must agree upon the verdict.
What should a jury do once it has reached a verdict?
Once the jury has reached its verdict, the presiding juror completes
and signs the verdict form. The judge will provide instructions
explaining the verdict form. Once the verdict form is signed, the
presiding juror should inform the bailiff or clerk. The entire
jury panel will then re-enter the courtroom and deliver its verdict
in open court.
Provided by the lawyers and judges of the Oregon State Bar as a public service to the citizens who proudly serve as jurors in Oregon courts.