SENATE BILL REPORT

                                   ESHB 1729

           AS REPORTED BY COMMITTEE ON LAW & JUSTICE, APRIL 4, 1991

Brief Description:  Preparing a plan for an expanded juror list.

SPONSORS:House Committee on Judiciary (originally sponsored by Representatives Wineberry, Vance, Inslee, Dellwo, Wang, Forner and Anderson; by request of Administrator for the Courts).

HOUSE JUDICIARY COMMITTEE

HOUSE COMMITTEE ON APPROPRIATIONS

SENATE COMMITTEE ON LAW & JUSTICE

Majority Report:  Do pass.

      Signed by Senators Nelson, Chairman; Thorsness, Vice Chairman; Erwin, Hayner, Madsen, Newhouse, and A. Smith. 

Staff:  Jon Carlson (786‑7459)

Hearing Dates:April 2, 1991; April 4, 1991

BACKGROUND:

The master list from which jurors are selected consists exclusively of registered voters.  This use of voter registration lists as the sole source of jurors has received criticism on at least two grounds.  First, it may reduce the likelihood that a jury will represent a fair cross section of the community, one of the goals of the American jury system.  Second, a significant number of citizens may choose not to register to vote simply to avoid jury duty, thereby frustrating one of the goals of a participatory democracy.

Various groups, including the Washington Judicial Council and the Commission on Washington Courts, have recommended expansion of the jury source list.  One recommended addition to the list is persons with drivers' licenses.  The merging of the lists of licensed drivers with the lists of registered voters requires care to avoid double counting and other problems.  At least nine other states have merged these two lists to compile their jury source lists.

SUMMARY:

A group of entities is directed to prepare a plan for the merging of the lists of registered voters and licensed drivers (including persons issued identification cards instead of drivers' licenses) in order to compile a jury source list.  The group consists of:

othe Office of the Administrator for the Courts;

othe Superior Court Judges Association;

othe District and Municipal Court Judges Association;

othe Association of County Clerks;

othe Office of Financial Management;

othe Secretary of State;

othe Association of County Auditors;

othe Department of Licensing;

othe State Bar Association;

othe Association of Superior Court Administrators; and

othe Association for Court Administration.

The plan and proposed legislation are to be submitted to the Legislature by January 1, 1992.  The plan is to be designed for implementation by January 1, 1993.

Appropriation:  none

Revenue:  none

Fiscal Note:  none requested

TESTIMONY FOR:

This measure would increase the overall number of persons available to serve as jurors, and likely reflect a better cross section of the population.

TESTIMONY AGAINST:  None

TESTIFIED:  Representative Jesse Wineberry, original sponsor; Mark Muenster, Washington Association of Criminal Defense Lawyers; Kip Stilz, District and Municipal Court Judges' Association; Carolyn Failing, Thurston County Superior Court; Doug Tuffley, Washington State Bar Association; Jim Goche, Washington Association of County Officials