WSR 15-23-035

RULES OF COURT

[November 4, 2015]

The Administrative Office of the Courts, having recommended the expeditious adoption of the Proposed Amendment to GR 18 Appendix—Jury Source List, and the Court having considered the amendments and comments submitted thereto, and having determined that the proposed amendments will aid in the prompt and orderly administration of justice;

Now, therefore, it is hereby

(a) That the new rules as shown below are adopted.

(b) That the new rules will be published expeditiously in the Washington Reports and will become effective on January 1, 2016.

DATED at Olympia, Washington this 4th day of November, 2015.

GR 18

JURY SOURCE LIST

(a) Effective Date. Effective September 1, 1994, all prospective jurors shall be identified using the jury source list as herein provided.

(b) Jury Source List. "Jury source list" means the list of all registered voters of a county, merged with a list of licensed drivers and identicard holders who reside in that county. The list shall specify each person's first and last name, middle initial, date of birth, gender, mailing address, and residence address. When legally available for jury selection use, each such list shall also specify each person's Social Security number.

(c) Order of the Supreme Court. The jury source list shall be created utilizing the methodology and standards set forth by Supreme Court order and by Laws of 1993, ch. 408, subsection 1.

(d) Juror Qualification Confirmation. Each court, after consultation with the county auditor and county clerk of its jurisdiction, shall establish a means to preliminarily determine by written declaration signed under penalty of perjury by each person summoned, the qualifications set forth in RCW 2.36.070 of each person summoned for jury duty prior to the person's appearance at the court to which the person is summoned to serve. Information so provided to the court for preliminary determination of qualification for jury duty may only be used for the term such person is summoned and may not be used for any other purpose. Provided, that the court, or its designee, may report a change of address or nondelivery of summons of persons summoned for jury duty to the county auditor.

  THE SUPREME COURT OF WASHINGTON

General Rule 18 of the Washington Court Rules provides that the Supreme Court of the State of Washington should designate by order the creation of the jury source list.

Now, Therefore, It is hereby ordered:

That the jury source list shall be created according to the attached appendix describing the methodology and standards for creating the jury source list by merging the list of registered voters for a county with the list of licensed drivers and identicard holders who reside in that county.

That each superior court shall receive may access a jury source list from Washington Technology Solutions the Department of Information Services by May 1, 1994 2016, and annually thereafter, via secure file transfer protocol, a list which list shall be created according to the methodology and standards set forth in the attached appendix. Provided, that the jury source list may be created, at the direction of the presiding judge of each superior court after consultation with the county auditor and the county clerk of that jurisdiction, by the county, according to the methodology and standards set forth in the attached appendix. If a superior court elects to have the jury source list created by the county the superior court shall may access, via secure file transfer protocol, by May 1, 2016, and annually thereafter, so notify the Department of Information Services annually by March 1, 1994, and that superior court shall thereafter receive a separate list of licensed drivers and identicard holders residing in that county from Washington Technology Services from the Department of Information Services by April 1, 1994, and annually thereafter. and a separate list of registered voters residing in that county from Washington Technology Solutions the Department of Enterprise Services. Each superior court may choose annually which files to transfer to their local secure server.

That in the event, for any reason, the jury source list is not created and available for use as set forth above, the most recent previously compiled jury source list shall be used by the courts on an emergency basis only for the shortest period of time until a current jury source list is created and available for use as provided for herein.

Dated at Olympia, Washington, this ____ day of ___________, 1920__.

APPENDIX

This appendix describes the methodology for merging the list of registered voters and the list of licensed drivers and identicard holders to form a jury source list pursuant to GR 18 and the Supreme Court of Washington order to which this appendix is attached. Records of persons from the list of licensed drivers and identicard holders shall not be used in creating a jury source list if their license or identicard has been expired longer than 90 days. Records of persons from the registered voter list shall not be used in creating a jury source list if they are in an inactive status.

Persons on the list of registered voters and on the list of licensed drivers and identicard holders shall be identified based on the following data: date of birth, last name, first name, middle initial, gender and county code to reflect residence address. Upon notification by the Supreme Court of Washington of the legal availability of the Social Security number for jury selection purposes, the persons on each list shall also be identified by Social Security number.

The list of registered voters and the list of licensed drivers and identicard holders shall be merged to form a jury source list.

Using the identifying information on each person, known duplicate names shall be eliminated during the merging process so that the jury source list shall contain, to the extent reasonably possible, each prospective juror's name only once.

Suspected duplication of prospective jurors' names on the jury source list which cannot be clearly confirmed at the time that the jury source list is created shall be identified on the jury source list for further investigation at the county level. For that purpose only, the jury source list shall identify each person as having been originally listed on the list of registered voters, or the list of licensed drivers and identicard holders, or both. Conflicts of addresses shall be resolved by using the address most currently provided for the lists from which the names originated.

If suspected duplication of names on the jury source list cannot be resolved after reasonable efforts at the county level, the suspected duplicate names shall be stricken from that jury source list.

Selection of persons for the master jury list from the jury source list, and the designation of persons on the master jury list to be summoned, shall be random and totally without regard to whether a person's name originally appeared on the list of registered voters, or on the list of licensed drivers and identicard holders, or both.

Adopted effective September 1, 1994; amended September 1, 2009.