ORS 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. [Amended by 1973 c.836 §41; 1985 c.703 §25]

Source: Section 132.110 — When juror discharged; replacement; proceeding with lesser number, https://www.­oregonlegislature.­gov/bills_laws/ors/ors132.­html.

Notes of Decisions

Permitting grand jury originally composed of seven members to proceed with six or five members for good cause does not violate Article VII (amended), section 5, requirement that grand jury have seven members. State v. Conger, 319 Or 484, 878 P2d 1089 (1994)

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
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