Grand Jury, Indictments and Other Accusatory Instruments

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]

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

Chapter 132

Notes of Decisions

A circuit court has no authority to order the wholesale recordation and preservation of grand jury testimony under either statutory or common law. State ex rel Johnson v. Roth, 276 Or 883, 557 P2d 230 (1976)

Where defendant was found in contempt for failure to comply with grand jury subpoena, circuit court had no authority to examine grand jury testimony or discuss its content for the sole purpose of determining the sentence to impose. State v. Applegate, 41 Or App 287, 597 P2d 1290 (1979), Sup Ct review denied


Source

Last accessed
Jun. 26, 2021