ORS 132.090
Presence of persons at sittings or deliberations of jury

  • interpreters

(1)

Except as provided in subsections (2) and (3) of this section and ORS 132.250 (District attorney to ensure proceedings are recorded) and 132.260 (Recording of testimony required), no person other than the district attorney or a witness actually under examination shall be present during the sittings of the grand jury.

(2)

Upon a motion filed by the district attorney in the circuit court, the circuit judge may appoint a parent, guardian or other appropriate person 18 years of age or older to accompany any child 12 years of age or younger, or any person with an intellectual disability, during an appearance before the grand jury. The circuit judge, upon the district attorney’s showing to the court that it is necessary for the proper examination of a witness appearing before the grand jury, may appoint a guard, medical or other special attendant or nurse, who shall be present in the grand jury room and shall attend such sittings.

(3)

The district attorney may designate an interpreter who is certified under ORS 45.291 (Certification program) to interpret the testimony of witnesses appearing before the grand jury. The district attorney may designate a qualified interpreter, as defined in ORS 45.288 (Appointment of certified interpreter required), if the circuit court determines that a certified interpreter is not available and that the person designated by the district attorney is a qualified interpreter as defined in ORS 45.288 (Appointment of certified interpreter required). An interpreter designated under this subsection may be present in the grand jury room and attend the sittings of the grand jury.

(4)

No person other than members of the grand jury shall be present when the grand jury is deliberating or voting upon a matter before it.

(5)

As used in this section, “intellectual disability” has the meaning given that term in ORS 427.005 (Definitions). Intellectual disability may be shown by attaching to the motion of the district attorney:

(a)

Documentary evidence of intellectual functioning; or

(b)

The affidavit of a qualified person familiar with the person with an intellectual disability. “Qualified person” includes, but is not limited to, a teacher, therapist or physician. [Amended by 1973 c.836 §39; 1983 c.375 §1; 1991 c.406 §1; 2001 c.243 §1; 2011 c.658 §31; 2013 c.36 §35; 2017 c.650 §§4,12]

Source: Section 132.090 — Presence of persons at sittings or deliberations of jury; interpreters, https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html.

Notes of Decisions

Where an order is sought for recordation of testimony before a grand jury, all testimony of all witnesses must be recorded or none can be recorded. State ex rel Drew v. Steinbock, 286 Or 461, 595 P2d 1234 (1979)

This section gives court authority to order recordation only on motion made by district attorney, and trial court erred in granting plaintiffs’ petition for alternative writ of mandamus requiring recordation of all testimony before grand jury in matter for which plaintiffs were subpoenaed. State ex rel Woodel v. Wallace, 89 Or App 478, 750 P2d 178 (1988), Sup Ct review denied

132.010
Composition 132.020
Selection of grand juries 132.030
Challenge of juror prohibited 132.050
Foreman 132.060
Oath or affirmation of jurors 132.070
Charge of court 132.090
Presence of persons at sittings or deliberations of jury 132.100
Oath to witness before grand jury 132.110
When juror discharged 132.120
Jury service term 132.210
Immunity of jurors as to official conduct 132.220
Disclosure by juror of testimony of witness examined by jury 132.250
District attorney to ensure proceedings are recorded 132.260
Recording of testimony required 132.270
Release and use of recording, transcript, notes or report 132.310
Inquiry into crimes 132.320
Consideration of evidence 132.330
Submission of indictment by district attorney 132.340
Duties of district attorney for jury 132.350
Juror’s knowledge of an offense 132.360
Number of jurors required to concur 132.370
Presentment of facts to court for instruction as to law 132.380
Whom the grand jury may indict 132.390
When the grand jury may indict 132.400
Indorsement of indictment as “a true bill.” 132.410
Finding of indictment 132.420
Disclosure relative to indictment not subject to inspection 132.430
Finding against indictment 132.440
Inquiry into conditions in correctional and youth correction facilities 132.510
Forms of pleadings 132.540
Sufficiency of indictment 132.550
Contents of indictment 132.557
Indictment must contain subcategory facts under certain circumstances 132.560
Joinder of counts and charges 132.580
Names of grand jury witnesses required on indictment 132.586
Pleading domestic violence in accusatory instrument 132.990
Premature inspection or disclosure of contents of indictment
Green check means up to date. Up to date

Current through early 2024

§ 132.090’s source at oregon​.gov