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Court Arraignments
Advice of Rights and Arraignment Procedures
Failure to Appear, Comply or Pay Fines
Payment of Fines and Payment Options
Trials and Appeals
Courtroom Etiquette

Court Arraignments

The purpose of an arraignment is to tell the judge how you wish to proceed with your case.

Arraignments are held once a month (see schedule). Cases are heard on a first come, first serve basis.

North Plains Municpal Court does not reschedule arraingment dates.  If you can not attend your arraignment date, please contact the Court for alternative information at (503) 647-9172.  Sarah Baker, Lead Court Clerk II/Clerical Assistant.  Notifications must be made a minimum of 48 hours in advance of the dateduring regular business hours (Monday - Friday 8:00 a.m. - 5:00 p.m., excluding holidays).

Advice of Rights and Arraignment Procedures

You must check in with the court clerk upon arrival to court, your paperwork will be prepared and you will be asked to take a seat in the courtroom. Cases are called on a first-come, first-serve basis. Turn off all cell phones and audible pagers. If you are wearing a hat, please remove it before entering the courtroom. Suitable attire is required at court. Shirts and shoes must be worn, and hats must be removed.

Rights

1. You have the right to hire an attorney. The City is not required to provide you with an attorney.
2. You have the right to a trial. If you want a trial, you must enter a NOT GUILTY plea. At your trial you have the right to:
   • Subpoena witnesses to appear and testify on your behalf
   • Question any witness that testifies against you
   • Remain silent at the trial. The burden is on the City to prove by a preponderance of the evidence, that you have committed the violation with which you are charged.

When the Judge calls your name, please stand up at the table before the Judge. The Judge will ask whether you understand your rights, and read the charges against you. The Judge will then ask whether you understand the violation with which you are charged and ask you to enter a plea. You can plead GUILTY, NOT GUILTY, OR NO CONTEST.

Entry of Plea

A Guilty plea means you are admitting to the conduct charged. You may give the Judge a short explanation. The Judge will consider your explanation and driving record in determining your fine.

A Not Guilty plea means you are requesting a trial. If you want a trial, you may inform the Court Clerk at any time on or before your scheduled court date. There is no need to appear in front of the Judge at the time you enter a NOT GUILTY plea. You will be scheduled for a trial at another court date.

A No Contest plea means you consent to any court judgment based on your plea and statement and the officer's report.

Failure to Appear, Comply or Pay Fine

If you fail to appear, to comply or to pay your fine, the Judge will issue a Guilty by Default Judgement against you. If this occurs you will be given 15 days to comply. If you do not comply your license will be suspended and a warrant issued for your arrest. Additional fees will also be imposed, as an example, if your fine is $200.00, with the additional fees added , the amount you owe will become $459.00.

Payment of Fines and Payment Options

If a fine is imposed, full payment is due upon leaving the Court. The Court accepts cash, credit/debit cards, personal checks and money orders as forms of payment. There is a payment agreement option available for those who qualify and cannot pay in full. The payment agreement gives a 30-day grace period to pay the fine in full. If the fine is not paid in full by the end of the 30-day grace period a one time 15% fee is added to the account and a minimum of $50.00 a month is required until the fine is paid in full. The first $50.00 payment is due on the 15th.

Please Be Advised: When a payment agreement is set-up it is your responsibility to get your payments to the Court on the scheduled date. The court does not send out billing statements.

If you miss a payment, it is considered a failure to comply with a court order.  The following sanctions can/will be imposed for failure to comply:
     1.  Issue a warrant for your arrest
     2.  Suspend your driver's license
     3.  Add a processing fee of $459.00 per offense
     4.  Apply a collection fee of 25% of the unpaid balance
     5.  Assess interest charges to the account
If you are unable to make a payment, you must contact the court office for us to be able to work with you.

It is your responsibility to make sure that the Court has your correct telephone number and address information, in the event the court needs to contact you. If you move or change your mailing address please notify the court either by phone or in writing.

Trials

Trials are held after arraingments each month.  Your case will be tried by the Court, not a jury.  Since this is a traffic voilation or municipal code violation you do not have a right to a jury trial.

At a trial, you will appear in the Court with the citing officer to present evidence about your case. Evidence can include testimony from you, the citing officer, any witnesses, and photographs or diagrams. Under Oregon Law, each person charged with a traffic infraction is entitled to the right of discovery. Each defendant who makes a written request will automatically receive the following items connected to the charges against him/her.

• All notes made by the charging officer.
• Officer equipment certification.
• Equipment certification

All requests for discovery must be made in writing, you may ask the Court staff for the Right to Discover Policy Form or download the form here. All discovery requests must be received by the North Plains Municipal Court 14 calendar days prior to trial. The fee for processing discovery requests is $22.00 for copies or $25.00 for electronic files.  The discovery fee includes the cost of return certified mail and must be prepaid. Requestors must sign for the certified mail.  A self addressed stamped envelope must accompany the request. The Municipal Court will process the discovery request and mail the requested discovery prior to the scheduled trial date, unless the record is unavailable for release.

An untimely discovery request may not form the basis for a postponement of trial.

If you choose to hire an attorney to represent you, you or your attorney must provide a letter of representation to the court no later than 10 business days prior to your trial date. The City will not provide you with an attorney. The trial will not be reset if the court receives notification later than required.

The Court will reschedule trials one time only and must be notified no later than 10 business days prior to the trial date.

The Court does offer TRIAL BY AFFIDAVIT. If for some reason you are unable to make the scheduled trial date, you have the option to have your trial by affidavit. If you elect the trial by affidavit option, please contact the Court Clerk for information, no later than 10 business days prior to your appointed court date. (Please see Trial By Affidavit Form)

Failure to appear for this hearing will result in the court issuing an order for suspension of your driving privileges under ORS 153.550, or if applicable, issuing a warrant for your arrest until the case is settled.

PAYMENT IN FULL IS REQUIRED AFTER TRIAL DETERMINATION.

Appeals Procedure

The following will constitute the policy and procedure for appeals to Washington County Circuit Court from the City of North Plains Municipal Court.

1. Written Notice of Appeal must be filed with the North Plains Municipal Court within 30 days of the sentence/conviction date.
2. Washington County requires a filing fee of $307.00, which is non-refundable. A check or money order with that amount made payable to "STATE OF OREGON" must be accompanied with the notice of appeal or the appeal will not be processed.
3. Washington County Circuit Court will notify the Defendant of future trial dates. You are required to keep your current address on file with the Washington County Circuit Court.
4. Mail filing fee of $307.00 to the North Plains Municipal Court, 31360 NW Commercial St., North Plains, OR 97133.

Appeals Form

Courtroom Etiquette

When appearing at the North Plains Municipal Court, you will be expected to treat the Judge, court personnel and others appearing at the North Plains Municipal Court in a courteous, polite manner. Address the Judge as "Your Honor," and follow any instructions of the Judge or court staff. Disruptive or disrespectful behavior will be deemed contempt of court, and you may be subject to immediate arrest, incarceration, and/or fined for such behavior.

Please keep the noise in the courtroom to a minimum. Turn off cell phones, pagers, and any other electrical devices. You are requested to leave your children at home, the court does not provide childcare services.

Weapons are not allowed in the courtroom, nor in a City building pursuant to ORS 166.370.  Suitable attire is required at court. Shirts and shoes must be worn, and hats must be removed.