BILL REQ. #:  S-3882.1 

Read first time 01/27/2004.   Referred to Committee on Judiciary.

     AN ACT Relating to reducing the burdens of jury service to increase participation in the jury system; amending RCW 2.36.010, 2.36.080, 2.36.093, 2.36.100, and 2.36.165; adding new sections to chapter 2.36 RCW; and providing an effective date.

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)) the period of time ((of one or more days, not exceeding one month, during which summoned jurors)) that a juror 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.))
     (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, unless excused.
     (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.
     (4) This section does not affect the right to peremptory challenges under RCW 4.44.130.

Sec. 3   RCW 2.36.093 and 1992 c 93 s 3 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)) The jury term shall be for no more than five days, and should be set at as brief an interval as is practical given the size of the jury source list for the judicial district.
     (3) Juror service shall be for no more than one court day in actual attendance, unless a prospective juror is selected to serve in a trial or is under consideration to serve on a trial and this consideration covers a period of two or more days. Once selected, a juror shall serve on the jury for the duration of the trial unless excused by the presiding judge.
     (4) A juror who has served on a petit jury in this state shall not be summoned to serve again as a petit juror in any court of this state for two years following the last day of service.

NEW SECTION.  Sec. 4   A new section is added to chapter 2.36 RCW to read as follows:
     (1) Individuals scheduled to appear for jury service have the right to postpone the date of their initial appearance for jury service one time only. When requested, postponements shall be granted if:
     (a) The juror has not previously been granted a postponement;
     (b) The prospective juror appears in person or contacts the clerk of the court by telephone, electronic mail, or in writing to request a postponement; and
     (c) Prior to the grant of a postponement with the concurrence of the clerk of the court, the prospective juror fixes a date certain on which he or she will appear for jury service that is not more than six months after the date on which the prospective juror originally was called to serve and on which date the court will be in session.
     (2) A subsequent request to postpone jury service may be approved by a judicial officer only in the event of an extreme emergency, such as a death in the family, sudden grave illness, or a natural disaster or a national emergency in which the prospective juror is personally involved, that could not have been anticipated at the time the initial postponement was granted. Prior to the grant of a second postponement, the prospective juror must fix a date certain on which the individual will appear for jury service within six months of the postponement on a date when the court will be in session.

Sec. 5   RCW 2.36.100 and 1992 c 93 s 5 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)) a person may be excused from jury service by the court ((except)) upon a showing of a mental or physical condition that causes him or her to be incapable of performing jury service, undue or extreme physical or financial hardship to the prospective juror or a person under his or her care or supervision, ((extreme inconvenience,)) or public necessity((, or any reason deemed sufficient by the court for a period of time the court deems necessary)). The excuse shall be for a period not exceeding twenty-four months, unless the grounds for the excuse are shown to be permanent.
     (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))) If the prospective juror has a mental or physical condition that causes him or her to be incapable of performing jury service, the juror, or the juror's personal representative, must provide the court with documentation from a licensed physician verifying that a mental or physical condition renders the person unfit for jury service for a period of up to twenty-four months.
     (3) For claims that jury service would cause undue or extreme physical or financial hardship to the prospective juror or a person under his or her care or supervision, a judge of the court for which the individual was called to jury service shall make undue or extreme physical or financial hardship determinations. The authority to make these determinations is delegable only to court officials or personnel who are authorized by the laws of this state to function as members of the judiciary.
     (a) A person asking to be excused based on a finding of undue or extreme physical or financial hardship must take all actions necessary to have obtained a ruling on that request by no later than the date on which the individual is scheduled to appear for jury duty.
     (b) For purposes of this chapter, undue or extreme physical or financial hardship is limited to circumstances in which an individual would:
     (i) Be required to abandon a person under his or her personal care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury; or
     (ii) Incur costs that would have a substantial adverse impact on the payment of the individual's necessary daily living expenses or on those for whom he or she provides the principle means of support; or
     (iii) Suffer physical hardship that would result in illness or disease.
     (c) Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from his or her place of employment.
     (d) A person asking a judge to grant an excuse based on undue or extreme physical or financial hardship shall be required to provide the judge with documentation, such as, but not limited to, federal and state income tax returns, medical statements from licensed physicians, proof of dependency or guardianship, and similar documents, which the judge finds to clearly support the request to be excused. Failure to provide satisfactory documentation shall result in a denial of the request to be excused.
     (4) After twenty-four months, a person excused from jury service shall become eligible once again for qualification as a juror unless the person was excused from service permanently. A person is excused from jury service permanently only when the deciding judge determines that the underlying grounds for being excused are of a permanent nature.
     (5) When the jury source list has been fully summoned within a consecutive ((twelve-month)) twenty-four month period and additional jurors are needed, jurors who have already served during the consecutive ((twelve-month)) twenty-four 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)) twenty-four 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.

NEW SECTION.  Sec. 6   A new section is added to chapter 2.36 RCW to read as follows:
     The supreme court of Washington shall adopt rules to establish a lengthy trial fund that is used to provide full or partial wage replacement or wage supplementation to jurors who serve as petit jurors in civil proceedings for more than ten days.
     (1) The court rules shall provide for the following:
     (a) The selection and appointment of an administrator for the fund;
     (b) Procedures for the administration of the fund, including payments of salaries of the administrator and other necessary personnel;
     (c) Procedures for the accounting, auditing, and investment of money in the fund;
     (d) A report by the supreme court of Washington on the administration of the fund in its annual report on the judicial branch, setting forth the money collected for and disbursed from the fund.
     (2) Notwithstanding any other fees paid under state law, each trial court in the state shall collect from each attorney who files a civil case, unless otherwise exempted under the provisions of this section, a fee of ten dollars per case to be paid into the lengthy trial fund. A lawyer will be deemed to have filed a case at the time the first pleading or other filing on which an individual lawyer's name appears is submitted to the court for filing and opens a new case. All fees shall be forwarded to the administrator of the lengthy trial fund for deposit.
     (3) The administrator shall use the fees deposited in the lengthy trial fund to pay full or partial wage replacement or supplementation to jurors whose employers pay less than full regular wages when the period of jury service lasts more than ten days.
     (4) The court may pay replacement or supplemental wages of up to three hundred dollars per day per juror beginning on the eleventh day of jury service. In addition, for any jurors who qualify for payment by virtue of having served on a jury for more than ten days, the court may, upon finding that the service posed a significant financial hardship to a juror, even in light of payments made with respect to jury service after the tenth day, award replacement or supplemental wages of up to one hundred dollars per day from the fourth to the tenth day of jury service.
     (5) Any juror who is serving or has served on a jury that qualifies for payment from the lengthy trial fund, provided the service commenced on or after the effective date of this act, may submit a request for payment from the lengthy trial fund on a form that the administrator provides. Payment is limited to the difference between the state paid jury fee and the actual amount of wages a juror earns, up to the maximum level payable, minus any amount the juror actually receives from the employer during the same time period.
     (a) The form shall disclose the juror's regular wages, the amount the employer will pay during the term of jury service starting on the eleventh day and thereafter, the amount of replacement or supplemental wages requested, and any other information the administrator deems necessary for proper payment.
     (b) The juror shall also be required to submit verification from the employer as to the wage information provided to the administrator, for example, the employee's most recent earnings statement or similar document, prior to initiation of payment from the fund.
     (c) If an individual is self-employed or receives compensation other than wages, the individual may provide a sworn affidavit attesting to his or her approximate gross weekly income, together with any other information the administrator requires, in order to verify weekly income.
     (6) The following attorneys and causes of action are exempt from payment of the lengthy trial fund fee:
     (a) Government attorneys entering appearances in the course of their official duties;
     (b) Pro se litigants;
     (c) Cases in small claims court or the state equivalent thereof; or
     (d) Claims seeking social security disability determinations; individual veterans' compensation or disability determinations; recoupment actions for government backed educational loans or mortgages; child custody and support cases; actions brought in forma pauperis; and any other filings designated by rule that involve minimal use of court resources and that customarily are not afforded the opportunity for a trial by jury.

Sec. 7   RCW 2.36.165 and 1988 c 188 s 13 are each amended to read as follows:
     (1) An employer shall provide an employee with a sufficient leave of absence from employment to serve as a juror when that employee is summoned pursuant to chapter 2.36 RCW. An employee may not be required or requested to use annual, vacation, or sick leave for time spent responding to a summons for jury duty, time spent participating in the jury selection process, or time spent actually serving on a jury. Nothing in this section shall be construed to require an employer to provide annual, vacation, or sick leave to employees under the provisions of this section who otherwise are not entitled to benefits under company policies.
     (2) An employer shall not deprive an employee of employment or threaten, coerce, or harass an employee, or deny an employee promotional opportunities because the employee receives a summons, responds to the summons, serves as a juror, or attends court for prospective jury service.
     (3) An employer who intentionally violates subsection (1) or (2) of this section shall be guilty of a misdemeanor.
     (4) If an employer commits an act in violation of subsection (2) of this section the employee may bring a civil action for damages as a result of the violation and for an order requiring the reinstatement of the employee. If the employee prevails, the employee shall be allowed a reasonable attorney's fee as determined by the court.
     (5) For purposes of this section employer means any person, association, partnership, or private or public corporation who employs or exercises control over wages, hours, or working conditions of one or more employees.
     (6) A court shall automatically postpone and reschedule the service of a summoned juror who is employed by an employer who employs five or fewer full-time employees, or their equivalent, if another employee of that employer has previously been summoned to appear during the same period. The postponement will not affect an individual's right to one automatic postponement under section 4 of this act.

NEW SECTION.  Sec. 8   If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected.

NEW SECTION.  Sec. 9   This act takes effect July 1, 2004.