ORS 10.275 Jury challenges; request for access to confidential jury records; order allowing disclosure; exclusive procedure

A person challenging a jury panel under ORS 136.005 or ORCP 57 A who seeks jury records that are confidential under ORS 10.215 must include a request for access to the confidential records in the motion challenging the jury panel. The motion and supporting affidavit must be served on the trial court administrator and the State Court Administrator. The request must:

Specify the purpose for which the jury records are sought; and

Identify with particularity the relevant jury records sought to be released including the type and time period of the records.

The court may order release of the jury records if the court finds that:

The jury records sought are likely to produce evidence relevant to the motion; and

Production of the jury records is not unduly burdensome.

An order under subsection (2) of this section may include, but need not be limited to:

A requirement that the moving party provide advance payment to the trial court administrator and, if applicable, the State Court Administrator for the reasonable costs of providing copies of the jury records; and

Restrictions on further disclosure of the jury records including, but not limited to:

A requirement that the moving party return all originals and copies to the court at the conclusion of the proceeding;

A requirement that the jury records may be used only for the purpose of supporting the jury panel challenge made in the motion;

A prohibition against distributing the jury records to a person who is not an agent or representative of the moving party; and

A prohibition against contacting or attempting to contact the persons whose names appear on the jury records without specific authorization of the court.

The trial court administrator or the State Court Administrator may intervene at any time as a matter of right as to any issues relating to the release of jury records under this section.

The procedure established by this section is the exclusive means for compelling production of confidential jury records as evidence relevant to a challenge to a jury panel under ORS 136.005 or ORCP 57 A. The procedure established by ORS 138.585 is the exclusive means for compelling production of confidential jury records as evidence in post-conviction relief proceedings under ORS 138.510 to 138.680.