S-0117.1  _______________________________________________

                         SENATE BILL 5070

          _______________________________________________

State of Washington      57th Legislature     2001 Regular Session

By Senators Kline, McCaslin, Franklin, Kastama, Thibaudeau, Fraser, Patterson, Fairley and Winsley

Read first time 01/10/2001.  Referred to Committee on Judiciary.

Restricting the length of the term of jury service.

    AN ACT Relating to jury service; and amending RCW 2.36.010 and 2.36.080.

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

    Sec. 1.  RCW 2.36.010 and 1993 c 408 s 4 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, merged with a list of licensed drivers and identicard holders who reside in the county.  The list shall specify each person's name and residence address and conform to the methodology and standards set pursuant to the provisions of RCW 2.36.054 or by supreme court rule.  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 a period of time of one or more days, not exceeding one ((month)) week, 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 nor beyond the end of the first trial to which the juror was assigned, and may not exceed two ((weeks)) days, except to complete a trial to which the juror was assigned during the ((two-week)) two-day period.

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

    Sec. 2.  RCW 2.36.080 and 1992 c 93 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 chapter 135, Laws of 1979 ex. sess. 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)) one week 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.

    (4) This section does not affect the right to peremptory challenges under RCW 4.44.130.

                            --- END ---