BP BHEAD INT S

AN ACT Relating to juror privacy; adding new sections to chapter 4.44 RCW; creating new sections; and prescribing penalties.

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

NEW SECTION. Sec. 1. The legislature is aware jury duty and service is one of the highest obligations of citizenship. Individuals who are called upon to perform this duty have privacy concerns that need to be respected after their service has ended. The remote possibility that misconduct requiring reversal of a judgment may be undetected if a party to a lawsuit is not provided with unfettered postverdict access to jurors is more than offset by the importance of shielding former jurors from harassment. The legislature finds it is appropriate to advise jurors of their privacy rights at the conclusion of a case and to create a procedure for balancing juror's privacy rights with a party's legitimate need for access.

NEW SECTION. Sec. 2. A new section is added to chapter 4.44 RCW to read as follows:

(1) Prior to discharging the jury from a case, the judge in a criminal or civil case shall inform the jurors that they have a right to discuss or not to discuss the deliberation or verdict with anyone. The judge shall also inform the jurors of the provisions set forth in subsections (2), (3), and (4) of this section.

(2) Following the discharge of the jury, the plaintiff, or the plaintiff's attorney or representative, or the defendant, or the defendant's attorney or representative, may discuss the jury deliberation or verdict with a member of the jury, provided that the juror consents to the discussion prior to leaving the courthouse.

(3) Any contact with a juror that is initiated by the plaintiff, the plaintiff's attorney or representative, the defendant, or the defendant's attorney or representative, without the juror's consent shall be immediately reported to the trial judge.

(4) Any violation of this section is considered a violation of a lawful court order and is subject to punishment in accordance with chapter 7.21 RCW. Any information obtained in violation of this section is not admissible in any superior, district, or municipal court located within this state.

(5) Nothing in this section prohibits a peace officer from investigating any allegation of criminal conduct.

(6) Nothing in this section prohibits a plaintiff, or plaintiff's attorney, or a defendant, or defendant's attorney, from petitioning the court for access to jurors for the purpose of developing a motion for new trial or any other collateral attack on the verdict. Any petition for access is governed by the standards set forth in section 3 of this act.

NEW SECTION. Sec. 3. A new section is added to chapter 4.44 RCW to read as follows:

(1) Upon the recording of a jury's verdict in a criminal or civil proceeding, the court's record of personal juror identifying information, including the jurors' addresses and telephone numbers, shall be sealed until further order of the court as provided by this section.

(2) A person may petition the court for access to these records and for permission to contact the jurors. The petition must be supported by a declaration that includes facts sufficient to establish good cause for the release of the jurors' personal identifying information and the petition must be served upon the parties to the original action. The court shall set the matter for hearing if the petition and supporting declaration establish a prima facie showing of good cause for the release of the identifying information, but shall not set the matter for hearing if there is a showing on the record of facts that establish a compelling interest against disclosure. A compelling interest includes, but is not limited to, protecting jurors from threats or danger of physical harm. Good cause includes, but is not limited to, the production of facts sufficient to support a reasonable belief that jury misconduct occurred. If the court does not set the matter for hearing, the court shall by minute order set forth the reasons and make express findings either of a lack of prima facie showing of good cause or the presence of a compelling interest against disclosure.

(3) If a hearing is set by the court under subsection (2) of this section, the court shall notify the parties to the civil or criminal action of the time and place of the hearing at least fifteen days prior to the date of the hearing. The court shall provide notice of the hearing to each affected former juror by personal service or by first class mail, addressed to the last known address of the former juror as shown in the records of the court. Any affected former juror may appear in person, in writing, by telephone, or by counsel to protest the granting of the petition.

(4) After the hearing, the records may be made available as requested in the petition, unless a former juror's protest to the granting of the petition is sustained. The court shall sustain the protest of the former juror if, in the discretion of the court, the petitioner fails to show good cause, the record establishes the presence of a compelling interest against disclosure as defined in subsection (2) of this section, or the juror is unwilling to be contacted by the petitioner. The court shall set forth reasons and make express findings to support the granting or denying of the petition to disclose. The court may require the person to whom disclosure is made, or his or her agent or employee, to agree not to divulge jurors' addresses or telephone numbers to others. The court may otherwise limit disclosure in any manner it deems appropriate, but in cases of potential juror misconduct, the court shall require that any questioning of jurors be done on the record in open court.

(5) Any court employee who has legal access to former jurors' addresses or telephone numbers that have been sealed under subsection (1) of this section, who knowingly and in violation of a court order issued under subsection (1) of this section discloses the information, is guilty of a misdemeanor.

(6) Any person who intentionally solicits another to unlawfully access or disclose juror information contained in records sealed under subsection (1) of this section, knowing that the records have been sealed, or who knowing that the information was unlawfully secured, intentionally discloses it to another person, is guilty of a misdemeanor.

NEW SECTION. Sec. 4. This act is remedial in nature and applies to all cases tried in a superior court, district court, or municipal court located within this state, including cases in which the jury was discharged prior to the enactment of this statute. To this extent, this act applies retroactively, but in all other respects it applies prospectively.