AN ACT
Relating to jurors; and amending RCW 2.36.010, 2.36.080, 2.36.093, 2.36.095,
2.36.100, and 4.44.160.
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)) a period of time of one or
more days, not exceeding one month, during which summoned jurors must be
available to report for juror service.
(11)
"Juror service" means the period of time a juror is required to be
present at the court facility. This period of time may not extend beyond the
end of the jury term, and may not exceed two weeks, except to complete a trial
to which the juror was assigned during the two-week period.
(((11)))
(12) "Jury panel" means those persons randomly selected for
jury service for a particular jury term.
Sec.
2. RCW
2.36.080 and 1979 ex.s. c 135 s 2 are each amended to read as follows:
(1) It
is the policy of this state that all persons selected for jury service be
selected at random from a fair cross section of the population of the area
served by the court, and that all qualified citizens have the opportunity in
accordance with this 1979 act to be considered for jury service in this state
and have an obligation to serve as jurors when summoned for that purpose.
(2) It
is the policy of this state to maximize the availability of residents of the
state for jury service. It also is the policy of this state to minimize the
burden on the prospective jurors, their families, and employers resulting from
jury service. The jury term and jury service should be set at as brief an
interval as is practical given the size of the jury source list for the
judicial district. The optimal jury term is two weeks or less. Optimal juror
service is one day or one trial, whichever is longer.
(3)
A citizen shall not be excluded from jury service in this state on account of
race, color, religion, sex, national origin, or economic status.
(((3)))
(4) This section does not affect the right to peremptory challenges
under RCW 4.44.130.
Sec.
3. RCW
2.36.093 and 1988 c 188 s 8 are each amended to read as follows:
(1)
At such time as the judge or judges of any court of any county shall deem that
the public business requires a jury term to be held, the judge or judges shall
direct that a jury panel be selected and summoned to serve for the ensuing jury
term or terms.
(2)
The court shall establish the length and number of jury terms in a consecutive
twelve-month period, and shall establish the time of juror service consistent
with the provisions of RCW 2.36.010.
Sec.
4. RCW
2.36.095 and 1990 c 140 s 1 are each amended to read as follows:
(1)
Persons selected to serve on a petit jury, grand jury, or jury of inquest shall
be summoned by mail or personal service. The county clerk shall issue summons
and thereby notify persons selected for jury duty. The clerk may issue
summons for any jury term, in any consecutive twelve-month period, at any time
thirty days or more before the beginning of the jury term for which the summons
are issued. However, when applicable, the provisions of RCW 2.36.130 apply.
(2)
In courts of limited jurisdiction summons shall be issued by the court. Upon
the agreement of the courts, the county clerk may summon jurors for any and all
courts in the county or judicial district.
Sec.
5. RCW
2.36.100 and 1988 c 188 s 10 are each amended to read as follows:
(1)
Except for a person who is not qualified for jury service under RCW 2.36.070,
no person may be excused from jury service by the court except upon a showing
of undue hardship, extreme inconvenience, public necessity, ((prior jury
service once in the last two years,)) or any reason deemed sufficient by
the court for a period of time the court deems necessary.
(2)
At the discretion of the court's designee, after a request by a prospective
juror to be excused, a prospective juror excused from juror service for a
particular time may be assigned to another jury term within the twelve-month
period. If the assignment to another jury term is made at the time a juror is
excused from the jury term for which he or she was summoned, a second summons
under RCW 2.36.095 need not be issued.
(3)
When the jury source list has been fully summoned within a consecutive
twelve-month period and additional jurors are needed, jurors who have already
served during the consecutive twelve-month period may be summoned again for
service. A juror who has previously served may only be excused if he or she
served at least two weeks of juror service within the preceding twelve months.
An excuse for prior service shall be granted only upon the written request of
the prospective juror, which request shall certify the terms of prior service.
Prior jury service may include service in superior court, in a court of limited
jurisdiction, in the United States District Court, or on a jury of inquest.
Sec.
6. 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 or her incapable of performing the duties
of a juror in any action.
