Z-1341

AN ACT Relating to jurors; amending RCW 2.36.010, 2.36.150, 2.40.010, and 4.44.160; and adding a new section to chapter 2.36 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

Sec. 1. RCW 2.36.010 and 1988 c 188 s 2 are each amended to read as follows:

Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter.

(1) A jury is a body of persons temporarily selected from the qualified inhabitants of a particular district, and invested with power‑-

(a) To present or indict a person for a public offense.

(b) To try a question of fact.

(2) "Court" when used without further qualification means any superior court or court of limited jurisdiction in the state of Washington.

(3) "Judge" means every judicial officer authorized to hold or preside over a court. For purposes of this chapter "judge" does not include court commissioners or referees.

(4) "Juror" means any person summoned for service on a petit jury, grand jury, or jury of inquest as defined in this chapter.

(5) "Grand jury" means those twelve persons impaneled by a superior court to hear, examine, and investigate evidence concerning criminal activity and corruption.

(6) "Petit jury" means a body of persons twelve or less in number in the superior court and six in number in courts of limited jurisdiction, drawn by lot from the jurors in attendance upon the court at a particular session, and sworn to try and determine a question of fact.

(7) "Jury of inquest" means a body of persons six or fewer in number, but not fewer than four persons, summoned before the coroner or other ministerial officer, to inquire of particular facts.

(8) "Jury source list" means the list of all registered voters for any county, as compiled by each county auditor pursuant to the provisions of chapter 29.07 RCW. The list shall specify each voter's name, residence address, and precinct as shown on the original registration card of each qualified voter. The list shall be filed with the superior court by the county auditor.

(9) "Master jury list" means the list of prospective jurors from which jurors summoned to serve will be randomly selected. The master jury list shall be either randomly selected from the jury source list or may be an exact duplicate of the jury source list.

(10) (("Jury term" means the period of time a person is required to serve as a juror. A jury term shall begin on the first Monday of each month and shall end on the Saturday immediately preceding the first Monday of each month, unless changed by the court. A jury term may be extended by the court if necessary for the administration of justice.

~~(11)~~)) "Juror time of availability" and "jury term" mean the period of time a juror is required to maintain a status of availability for jury service while not being present at the court facility for jury service.

(11) "Juror time of service" means the period of time a juror is required to be present at the court facility for jury service.

(12) "Jury panel" means those persons randomly selected for jury service for a particular jury term.

Sec. 2. RCW 2.36.150 and 1987 c 202 s 105 are each amended to read as follows:

((~~Jurors shall receive for each day's attendance, besides mileage at the rate determined under RCW 43.03.060, the following compensation:~~

~~(1) Grand jurors may receive up to twenty-five dollars but in no case less than ten dollars;~~

~~(2) Petit jurors may receive up to twenty-five dollars but in no case less than ten dollars;~~

~~(3) Coroner's jurors may receive up to twenty-five dollars but in no case less than ten dollars;~~

~~(4) District court jurors may receive up to twenty-five dollars but in no case less than ten dollars~~)) A juror shall receive compensation of twenty-five dollars as well as mileage reimbursement for each day or part of a day that he or she is present in court for jury service. The mileage reimbursement shall be determined pursuant to RCW 43.03.060. The juror compensation shall be paid by the city for municipal court jurors and by the county for all other jurors. Fifteen dollars of the compensation shall be reimbursed by the state upon application by the city or county: PROVIDED, That a person excused from jury service at his or her own request shall be allowed not more than ((a)) the per diem and such mileage, ((~~if any~~)) provided under this section, as ((to)) the court ((~~shall seem~~)) deems just and equitable under all circumstances: PROVIDED FURTHER, That the state shall fully reimburse the county in which trial is held for all jury fees and witness fees related to criminal cases which result from incidents occurring within an adult or juvenile correctional institution((~~: PROVIDED FURTHER, That the compensation paid jurors shall be determined by the county legislative authority and shall be uniformly applied within the county~~)).

NEW SECTION. Sec. 3. A new section is added to chapter 2.36 RCW to read as follows:

(1) Juror time of availability shall not exceed two weeks except as provided in subsections (4) and (5) of this section.

(2) Juror time of service shall not exceed two weeks except as provided in subsection (4) of this section.

(3) The juror time of availability and juror time of service shall not exceed two weeks cumulatively, except as provided in subsections (4) and (5) of this section.

(4) Juror time of availability and juror time of service may be extended beyond two weeks for jurors involved in a specified case upon determination by the court that such extension is necessary in the administration of justice.

(5) Jurors should not be required to maintain a time of availability for jury service for longer than two weeks except in judicial districts where the court finds it to be appropriate for jurors to be available for service over a longer period of time.

Sec. 4. RCW 2.40.010 and 1987 c 202 s 106 are each amended to read as follows:

Witnesses shall receive for each day's attendance in all courts ((~~of record~~)) of this state ((~~the same~~)), in addition to mileage at the rate determined under RCW 43.03.060, compensation ((~~per day and per mile as jurors in superior court. Witnesses in any other court shall receive for each day's attendance the same compensation per day and per mile as jurors in district court~~)) up to twenty-five dollars but in no case less than ten dollars as determined by the appropriate county or city legislative authority.

Sec. 5. RCW 4.44.160 and 1975 1st ex.s. c 203 s 2 are each amended to read as follows:

General causes of challenge are:

(1) ((~~A conviction for a felony.~~

~~(2)~~)) A want of any of the qualifications prescribed ((~~by law~~)) for a juror, as set out in RCW 2.36.070.

((~~(3)~~)) (2) Unsoundness of mind, or such defect in the faculties of the mind, or organs of the body, as renders him incapable of performing the duties of a juror in any action.