H-1785.1 _______________________________________________
SUBSTITUTE HOUSE BILL 1141
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State of Washington 57th Legislature 2001 Regular Session
By House Committee on Judiciary (originally sponsored by Representatives Lantz, Dickerson, Kenney, Conway and Haigh; by request of Administrator for the Courts)
Read first time . Referred to Committee on .
AN ACT Relating to jury service; amending RCW 2.36.150, 3.50.135, and 35.20.090; adding a new section to chapter 2.36 RCW; adding a new section to chapter 3.02 RCW; and creating a new section.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec. 1. RCW 2.36.150 and 1987 c 202 s 105 are each amended to read as follows:
Jurors shall receive for each day's or partial day's attendance, besides mileage at the rate determined under RCW 43.03.060, the following compensation:
(1) Grand jurors ((may))
shall receive ((up to twenty-five dollars but in no case less than))
ten dollars for the first day or partial day in attendance and shall receive
forty-five dollars for each day or partial day thereafter;
(2) Petit jurors ((may))
shall receive ((up to twenty-five dollars but in no case less than))
ten dollars for the first day or partial day in attendance and shall receive
forty-five dollars for each day or partial day thereafter;
(3) Coroner's jurors ((may))
shall receive ((up to twenty-five dollars but in no case less than))
ten dollars for the first day or partial day in attendance and shall receive
forty-five dollars for each day or partial day thereafter;
(4) District court
jurors ((may)) shall receive ((up to twenty-five dollars but
in no case less than)) ten dollars((: PROVIDED, That)) for the
first day or partial day in attendance and shall receive forty-five dollars for
each day or partial day thereafter;
(5) The county is responsible for the first ten dollars of juror compensation for each day or partial day of jury service, and the state shall reimburse the county for any additional juror compensation required under this section.
However,
a person excused from jury service at his or her own request shall be allowed
not more than a per diem and such mileage, if any, as to the court shall seem
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)).
Sec. 2. RCW 3.50.135 and 1984 c 258 s 126 are each amended to read as follows:
In all civil cases, the
plaintiff or defendant may demand a jury, which shall consist of six citizens
of the state who shall be impaneled and sworn as in cases before district
courts, or the trial may be by a judge of the municipal court: PROVIDED, That
no jury trial may be held on a proceeding involving a traffic infraction. A
party requesting a jury shall pay to the court a fee which shall be the same as
that for a jury in district court. If more than one party requests a jury,
only one jury fee shall be collected by the court. The fee shall be
apportioned among the requesting parties. Each juror ((may)) shall
receive ((up to twenty-five dollars but in no case less than)) ten dollars
for ((each)) the first day or partial day in attendance
upon the municipal court and shall receive forty-five dollars for each day
or partial day thereafter, and in addition thereto shall receive mileage at
the rate determined under RCW 43.03.060((: PROVIDED, That the compensation
paid jurors shall be determined by the legislative authority of the city and
shall be uniformly applied)). The city is responsible for the first ten
dollars of juror compensation for each day or partial day of jury service, and
the state shall reimburse the city for any additional juror compensation
required under this section. Jury trials shall be allowed in all criminal
cases unless waived by the defendant.
Sec. 3. RCW 35.20.090 and 1987 c 202 s 195 are each amended to read as follows:
In all civil cases and
criminal cases where jurisdiction is concurrent with district courts as
provided in RCW 35.20.250, within the jurisdiction of the municipal court, the
plaintiff or defendant may demand a jury, which shall consist of six citizens
of the state who shall be impaneled and sworn as in cases before district
courts, or the trial may be by a judge of the municipal court: PROVIDED, That
no jury trial may be held on a proceeding involving a traffic infraction. A
defendant requesting a jury shall pay to the court a fee which shall be the
same as that for a jury in district court. Where there is more than one
defendant in an action and one or more of them requests a jury, only one jury
fee shall be collected by the court. Each juror ((may)) shall
receive ((up to twenty-five dollars but in no case less than)) ten
dollars for ((each)) the first day or partial day in
attendance upon the municipal court and shall receive forty-five dollars for
each day or partial day thereafter, and in addition thereto shall receive
mileage at the rate determined under RCW 43.03.060((: PROVIDED, That the
compensation paid jurors shall be determined by the legislative authority of
the city and shall be uniformly applied)). The city is responsible for
the first ten dollars of juror compensation for each day or partial day of jury
service, and the state shall reimburse the city for any additional juror
compensation required under this section. Trial by jury shall be allowed
in criminal cases involving violations of city ordinances commencing January 1,
1972, unless such incorporated city affected by this chapter has made provision
therefor prior to January 1, 1972.
NEW SECTION. Sec. 4. A new section is added to chapter 2.36 RCW to read as follows:
A superior court may establish a jury improvement fund for the exclusive purpose of enhancing juror services and accommodations. Jurors may contribute to a jury improvement fund by donating all or a portion of their juror fees and expenses accrued under RCW 2.36.150. The fund is to be administered by the court and is to be kept separate from the county's general fund. The county shall not use the jury improvement fund to supplant funding for the court.
NEW SECTION. Sec. 5. A new section is added to chapter 3.02 RCW to read as follows:
A court of limited jurisdiction may establish a jury improvement fund for the exclusive purpose of enhancing juror services and accommodations. Jurors may contribute to a jury improvement fund by donating all or a portion of their juror fees and expenses accrued under RCW 2.36.150, 3.50.135, or 35.20.090. The fund is to be administered by the court and is to be kept separate from the local jurisdiction's general fund. The local jurisdiction shall not use the jury improvement fund to supplant funding for the court.
NEW SECTION. Sec. 6. If specific funding for the purposes of sections 1 through 3 of this act, referencing those sections by bill and section number or chapter and section number, is not provided by June 30, 2001, in the omnibus appropriations act, sections 1 through 3 of this act are null and void.
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