Oregon Statutes 136.220 – Challenge for implied bias
A challenge for implied bias shall be allowed for any of the following causes and for no other:
Terms Used In Oregon Statutes 136.220
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Juror: A person who is on the jury.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Verdict: The decision of a petit jury or a judge.
(1) 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.
(2) 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:
(a) Defendant;
(b) Person alleged to be injured by the offense charged in the accusatory instrument; or
(c) Complainant.
(3) 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.
(4) 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.
(5) 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.
(6) 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.
(7) 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]