§ 8.3 Grand Jury Procedure

LibraryCriminal Law in Oregon (OSBar) (2022 Ed.)

§ 8.3 GRAND JURY PROCEDURE

§ 8.3-1 Composition of the Grand Jury

The grand jury consists of seven jurors chosen by lot from the jurors in attendance for a particular term of jury service. Or Const, Art VII (Amended), § 5(2); ORS 132.010; ORS 132.020. The court may authorize one or more additional grand juries. Or Const, Art VII (Amended), § 5(1); ORS 132.020(2)-(3). Although grand jurors must be chosen at random from the whole jury panel, they need not all be drawn at the same time. State v. Odiorne, 68 Or App 891, 894, 683 P2d 1380, rev den, 298 Or 150 (1984). The court may allow the grand jury to proceed with as few as five grand jurors "upon good cause shown." ORS 132.110(3); State v. Conger, 319 Or 484, 502, 878 P2d 1089 (1994).

(1) In all grand juries and in all prosecutions for crimes tried to a jury, the jury shall be composed of persons who have not been convicted:

(a) Of a felony or served a felony sentence within the 15 years immediately preceding the date the persons are required to report for jury duty; or

(b) Of a misdemeanor involving violence or dishonesty or served a sentence for a misdemeanor involving violence or dishonesty within the five years immediately preceding the date the persons are required to report for jury duty.

Or Const, Art I, § 45(1).

An indictment is not subject to dismissal on grounds that a grand juror was not qualified to serve. State v. Carlson, 39 Or 19, 25-26, 62 P 1016 (1900).

Grand jurors are not subject to challenges by a party; however, the court may excuse a person from service on the grand jury on account of "undue hardship or extreme inconvenience to the person, the person's family, the person's employer or the public served by the person." ORS 10.050(1); ORS 132.030. A judge or clerk must excuse a person from acting as a juror if the person is 70 years of age or older and the person asks to be excused from jury service. ORS 10.050(3). The court may excuse a serving grand juror who becomes ill, who fails to appear for grand jury service, who is related to the accused under investigation by the grand jury, or who is unable to discharge a grand juror's duties. ORS 132.110(1). A replacement grand juror is then selected at random from the regular jury pool. ORS 132.110(2).

The foreman (as well as an alternate foreman) is appointed by the court. ORS 132.050. The presiding juror administers the oath to witnesses appearing before the grand jury. ORS 132.100.

The grand jury's term expires when the general jury term does, except that the court may order the grand jury to continue in session beyond that time. ORS 132.120. Only the court, not the district attorney, may extend a grand jury's term. See Odiorne, 68 Or App at 894-96 & n 7.

§ 8.3-2 Duties of the Grand Jury

The grand jury performs two functions. Its primary role is to "inquire into crimes committed or triable in the county" and to "present them to the court" by returning indictments. ORS 132.310. Grand jury proceedings are to be held in a "private room." ORS 132.310.

In addition, at least once yearly, a grand jury must "inquire into the condition and management" of all correctional facilities and juvenile facilities in the county. ORS 132.440(1). Other than indictments under ORS 132.310 or presentments under ORS 132.370 (see § 8.3-3(e)), the grand jury is not authorized to issue any reports other than a report on correctional and juvenile facilities. ORS 132.440(3).

For a discussion of the grand jury's role in the legal system and its history in Oregon, see State v. Gortmaker, 295 Or 505, 510-16, 668 P2d 354 (1983), cert den, 465 US 1066 (1984).

§ 8.3-3 Conduct of Grand Jury Proceedings

§ 8.3-3(a) Persons Who May Be Present

Except as provided in ORS 132.090(2) and (3) and ORS 132.250 and ORS 132.260, only the district attorney and the witness under examination may be present during the sittings of the grand jury. ORS 132.090(1). See ORS 132.320(12) (regarding the defendant's right to appear before the grand jury as a witness).

On the district attorney's motion, the circuit court may authorize the presence of a court reporter, an interpreter, a guard, or a "medical or other special attendant or nurse"; and the court may appoint a parent, guardian, or "other appropriate person 18 years of age or older" to accompany a child under 12 years of age or an individual with an "intellectual disability." ORS 132.090(2)-(3); ORS 132.250(2). See ORS 132.090(5) (defining intellectual disability).

The presence of a guard or police officer in the grand jury room, whom the court has not authorized pursuant to ORS 132.090(2), is not a basis for dismissal of the indictment. State v. Miller, 54 Or App 323, 330-31, 634 P2d 1361 (1981), rev den, 292 Or 450 (1982).

Only the grand jurors may be present when the grand jury deliberates and votes. ORS 132.090(4).

§ 8.3-3(b) Role of the District Attorney

The grand jury may investigate crimes at the request of either the district attorney or a grand juror. ORS 132.330; ORS 132.350. The district attorney is also the legal adviser to the grand jury and assists the grand...

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