Criminal Trials

ORS 136.220
Challenge for implied bias

A challenge for implied bias shall be allowed for any of the following causes and for no other:


Consanguinity or affinity within the fourth degree to the person alleged to be injured by the offense charged in the accusatory instrument, to the complainant or to the defendant.


Standing in the relation of guardian and ward, attorney and client, physician and patient, naturopathic physician and patient, physician assistant and patient, nurse practitioner and patient, master and servant, debtor and creditor, principal and agent or landlord and tenant with the:




Person alleged to be injured by the offense charged in the accusatory instrument; or




Being a member of the family, a partner in business with or in the employment of any person referred to in subsection (2)(a), (b) or (c) of this section or a surety in the action or otherwise for the defendant.


Having served on the grand jury which found the indictment or on a jury of inquest which inquired into the death of a person whose death is the subject of the indictment or information.


Having been one of a jury formerly sworn in the same action, and whose verdict was set aside or which was discharged without a verdict after the cause was submitted to it.


Having served as a juror in a civil action, suit or proceeding brought against the defendant for substantially the same act charged as an offense.


Having served as a juror in a criminal action upon substantially the same facts, transaction or criminal episode. [Amended by 1961 c.444 §1; 1967 c.372 §1; 1973 c.836 §232; 1999 c.1051 §252; 2014 c.45 §22; 2017 c.356 §15]

Notes of Decisions

Because complainant is “person” and state is not “person,” state is not complainant referred to in this section. State v. Rogers, 313 Or 356, 836 P2d 1308 (1992)


Last accessed
Mar. 11, 2023