Or. Rev. Stat. » Oregon Revised Statutes

Or. Rev. Stat. § 132.090

Presence of persons at sittings or deliberations of jury; interpreters

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      132.090 Presence of persons at sittings or deliberations of jury; interpreters. (1) Except as provided in subsections (2) and (3) of this section and ORS 132.250 and 132.260, no person other than the district attorney or a witness actually under examination shall be present during the sittings of the grand jury.

      (2) Upon a motion filed by the district attorney in the circuit court, the circuit judge may appoint a parent, guardian or other appropriate person 18 years of age or older to accompany any child 12 years of age or younger, or any person with an intellectual disability, during an appearance before the grand jury. The circuit judge, upon the district attorney’s showing to the court that it is necessary for the proper examination of a witness appearing before the grand jury, may appoint a guard, medical or other special attendant or nurse, who shall be present in the grand jury room and shall attend such sittings.

      (3) The district attorney may designate an interpreter who is certified under ORS 45.291 to interpret the testimony of witnesses appearing before the grand jury. The district attorney may designate a qualified interpreter, as defined in ORS 45.288, if the circuit court determines that a certified interpreter is not available and that the person designated by the district attorney is a qualified interpreter as defined in ORS 45.288. An interpreter designated under this subsection may be present in the grand jury room and attend the sittings of the grand jury.

      (4) No person other than members of the grand jury shall be present when the grand jury is deliberating or voting upon a matter before it.

      (5) As used in this section, “intellectual disability” has the meaning given that term in ORS 427.005. Intellectual disability may be shown by attaching to the motion of the district attorney:

      (a) Documentary evidence of intellectual functioning; or

      (b) The affidavit of a qualified person familiar with the person with an intellectual disability. “Qualified person” includes, but is not limited to, a teacher, therapist or physician. [Amended by 1973 c.836 §39; 1983 c.375 §1; 1991 c.406 §1; 2001 c.243 §1; 2011 c.658 §31; 2013 c.36 §35; 2017 c.650 §§4,12]

Notes of Decisions
Cited in 15 cases (3 in the last 5 years), 1967–2025 · leading case: State v. Gray
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State v. Gray (2022) or · cites it 6× “See ORS 132.090 (so providing). Cite as 370 Or 116 (2022) 125 No statutory provision authorizes a witness to have counsel present in the room.”
State v. Clark (1981) or · cites it 2× “To the contrary, the statutes provide that only the prosecutor and a witness actually under examination shall be present during grand jury sittings, unless a court orders the presence of a reporter of testimony or other necessary attendants, ORS 132.090; the grand jury need not…”
State Ex Rel. Drew v. Steinbock (1979) or · cites it 14× “090 provides, in part, that: "* * * upon a motion filed by the district attorney in the circuit court, the circuit judge may appoint a reporter who shall attend the sittings of such grand jury and take and report THE testimony in any matters pending before the grand jury * * *.”
State v. Haji (2020) or “310, and, although a district attorney can be present for the pre- sentation of evidence to a grand jury, no one, not even a dis- trict attorney, can be present for a grand jury’s deliberations and voting, ORS 132.090(4). The indictment charged defendant with seven counts: two…”
State v. Burleson (2007) or “060 (oath of secrecy); ORS 132.090 (restricting access to grand jury proceedings).”
State ex rel. Woodel v. Wallace (1988) orctapp · cites it 5× “1 Recording of grand jury testimony is governed by *481 ORS 132.090. 2 In State ex rel Johnson v.”
State Ex Rel. Johnson v. Roth (1976) or “The only statute in this jurisdiction which even discusses the recordation of grand jury testimony is ORS 132.090, which provides that "* * * upon a motion filed by the district attorney in the circuit court, the circuit judge may appoint a reporter who shall attend the sittings…”
Addicks v. Cupp (1981) orctapp “The reporter was not called as a witness, and no other evidence on the point was offered.”
State v. O'MALLEY (1967) or “In the absence of the presence of a court reporter, pursuant to court order as provided by ORS 132.090(1), there would be no testimony to produce.”
State v. Wall (2025) or “070 (the court charges the grand jury and gives it “such information as the court deems proper concerning the nature of the [grand jury’s] power and duties”); ORS 132.090(2) - (3) (the court may permit parents, guardians, guards, medical or other special attendant or nurse or…”
State v. Christopher (1982) orctapp · cites it 3× “The Oregon Supreme Court held that the prosecutor’s attempt to record only defendant’s testimony was not consistent with ORS 132.090: “In the light of the problems presented in this case, we believe it is reasonable to give a literal construction to the provisions of ORS 132.”
State v. Miller (1981) orctapp “ORS 132.090(1) provides: "No person other than the district attorney or a witness actually under examination shall be present during the sittings of the grand jury; provided, however, that upon a *331 motion filed by the district attorney in the circuit court, the circuit judge…”
Show all 15 citing cases →
— Or. Rev. Stat. § 132.090(1) — 4 cases
State v. Gray (2022) or “See ORS 132.090 (so providing). Cite as 370 Or 116 (2022) 125 No statutory provision authorizes a witness to have counsel present in the room.”
State v. O'MALLEY (1967) or “In the absence of the presence of a court reporter, pursuant to court order as provided by ORS 132.090(1), there would be no testimony to produce.”
State v. Miller (1981) orctapp “ORS 132.090(1) provides: "No person other than the district attorney or a witness actually under examination shall be present during the sittings of the grand jury; provided, however, that upon a *331 motion filed by the district attorney in the circuit court, the circuit judge…”
State v. Applegate (1979) orctapp
— Or. Rev. Stat. § 132.090(2) — 4 cases
State v. Gray (2022) or “See ORS 132.090 (so providing). Cite as 370 Or 116 (2022) 125 No statutory provision authorizes a witness to have counsel present in the room.”
State v. Wall (2025) or “070 (the court charges the grand jury and gives it “such information as the court deems proper concerning the nature of the [grand jury’s] power and duties”); ORS 132.090(2) - (3) (the court may permit parents, guardians, guards, medical or other special attendant or nurse or…”
State ex rel. Woodel v. Wallace (1988) orctapp “1 Recording of grand jury testimony is governed by *481 ORS 132.090. 2 In State ex rel Johnson v.”
State v. Wall (2025) or
— Or. Rev. Stat. § 132.090(3) — 1 case
State v. Gray (2022) or “See ORS 132.090 (so providing). Cite as 370 Or 116 (2022) 125 No statutory provision authorizes a witness to have counsel present in the room.”
— Or. Rev. Stat. § 132.090(4) — 1 case
State v. Haji (2020) or “310, and, although a district attorney can be present for the pre- sentation of evidence to a grand jury, no one, not even a dis- trict attorney, can be present for a grand jury’s deliberations and voting, ORS 132.090(4). The indictment charged defendant with seven counts: two…”
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