S-0116.1  _______________________________________________

 

                         SENATE BILL 5072

          _______________________________________________

 

State of Washington      57th Legislature     2001 Regular Session

 

By Senators Kline, McCaslin, Kastama, Thibaudeau, Fraser, Patterson, Winsley, Kohl‑Welles and Prentice

 

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

Establishing juror compensation.


    AN ACT Relating to juror compensation; and amending RCW 2.36.150, 3.50.135, and 35.20.090.

 

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 for the first day or partial day in attendance and shall receive forty-five dollars for each day or partial day thereafter:

PROVIDED, That 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)).  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.

 

    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.

 


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