WSR 16-08-067

RULES OF COURT

[March 30, 2016]

Judge John Antosz, having recommended the proposed amendment to GR 28—Jury Service Postponement, Excusal, and Disqualification, and the Court having approved the proposed amendments for publication;

Now, therefore, it is hereby

(a) That pursuant to the provisions of GR 9(g), the proposed amendments as shown below are to be expeditiously published for comment in the Washington Reports, Washington Register, Washington State Bar Association, and Administrative Office of the Court's websites expeditiously.

(b) The purpose statement as required by GR 9(e), is published solely for the information of the Bench, Bar and other interested parties.

(c) Comments are to be submitted to the Clerk of the Supreme Court by either U.S. Mail or Internet E-Mail by no later than June 30, 2016. Comments may be sent to the following addresses: P.O. Box 40929, Olympia, Washington 98504-0929, or supreme@courts.wa.gov. Comments submitted by e-mail message must be limited to 1500 words.

DATED at Olympia, Washington this 30th day of March, 2016.

REQUEST TO AMEND GR 28

COVER SHEET

Name of Proponent: John Antosz, Grant County Superior Court Judge

Spokesperson: John Antosz

Purpose: This suggested rule resolves conflict with statutes and case law. See attached memorandum.

Hearing: A public hearing is not necessary.

Expedited Consideration: The proponent does not believe expedited consideration is necessary.

PROPOSED AMENDED GR 28

Changes from current rule are underlined

GR 28

Jury Service Postponement, Excusal, and Disqualification

[a] Scope of rule. This rule addresses the procedures for postponing and excusing jury service under RCW 2.36.100 and 2.36.110 and for disqualifying potential jurors under RCW 2.36.070 (basic statutory qualifications).

[b] Delegation of authority to postpone, excuse, or disqualify.

(1) The judges of a court may delegate to court staff and county clerks their authority to disqualify, postpone, or excuse a potential juror from jury service under RCW 2.36.100. The judges of a court may not delegate to court staff and county clerks their authority to excuse a potential juror for unfitness under RCW 2.36.110.

(2) Any delegation of authority under this rule must be written and must specify the criteria for making these decisions.

(3) Judges may not delegate decision-making authority over any grounds for peremptory challenges or challenges for cause that fall outside the scope of this rule.

[c] Grounds for postponement of service.

(1) Postponement of service for personal or work-related inconvenience should be liberally granted when requested in a timely manner.

(2) Postponement shall be to a specified period of time within the twelve-month period pursuant to RCW 2.36.100(2).

[d] Grounds for excusal from service.

(1) Excusal from jury service shall be limited and shall be allowed only when justified by the criteria established in RCW 2.36.100(1) and 2.36.110.

[e] Grounds for disqualification of potential jurors.

[Reserved. See RCW 2.36.070.]

[Adopted effective October 1, 2002]