ORS 132.110¹
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]

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)

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

1 Legislative Counsel Committee, CHAPTER 132—Grand Jury, Indictments and Other Accusatory Instruments, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors132.­html (2019) (last ac­cessed May 16, 2020).
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2019, Chapter 132, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano132.­html (2019) (last ac­cessed May 16, 2020).
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information