BILL REQ. #:  Z-0332.1 

Read first time 02/03/09.   Referred to Committee on Judiciary.

     AN ACT Relating to reimbursement by the state for juror expenses; 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 2006 c 372 s 903 are each amended to read as follows:
     (1) Grand, petit, coroner's, and district court jurors shall receive ((for each day's attendance)), besides mileage at the rate determined under RCW 43.03.060, the following ((expense payments)) compensation:
     (((1) Grand jurors may receive up to twenty-five dollars but in no case less than ten dollars;
     (2) Petit jurors may receive up to twenty-five dollars but in no case less than ten dollars;
     (3) Coroner's jurors may receive up to twenty-five dollars but in no case less than ten dollars;
     (4) District court jurors may receive up to twenty-five dollars but in no case less than ten dollars:
PROVIDED, That)) (a) For jury service before July 1, 2010, up to twenty-five dollars but in no case less than ten dollars for each day's attendance;
     (b) For jury service beginning July 1, 2010, and until July 1, 2011, up to sixty-five dollars but in no case less than ten dollars for the first day of attendance and up to sixty-five dollars but in no case less than twenty dollars for each day thereafter;
     (c) For jury service beginning July 1, 2011, and until July 1, 2012, up to sixty-five dollars but in no case less than ten dollars for the first day of attendance and up to sixty-five dollars but in no case less than forty dollars for each day thereafter;
     (d) For jury service beginning July 1, 2012, up to sixty-five dollars but in no case less than ten dollars for the first day of attendance and sixty-five dollars for each day thereafter. Beginning on July 1, 2012, the administrative office of the courts shall annually adjust the maximum amount for the first day of attendance and the amount for subsequent days of attendance for inflation based on changes in the consumer price index during the previous calendar year. "Consumer price index" means, for any calendar year, that year's annual average consumer price index for urban wage earners and clerical workers, all items, compiled by the bureau of labor and statistics, United States department of labor.
     (2) The juror compensation rates in subsection (1) of this section are subject to the availability of funds specifically appropriated for reimbursement by the state as provided in subsection (4) of this section. If the funds are not appropriated, grand, petit, coroner's, and district court jurors must receive, besides expense payments for mileage at the rate determined under RCW 43.03.060, up to twenty-five dollars but in no case less than ten dollars for each day's attendance.
     (3) The county is solely responsible for juror compensation for the first day of attendance and for any juror expense payments including mileage. The compensation paid to jurors for the first day of attendance is determined by the county legislative authority and must be uniformly applied within the county.
     (4) Subject to the availability of funds specifically appropriated therefor, the state shall reimburse the county quarterly for juror compensation required under this section for jury attendance after the first day beginning July 1, 2010. The reimbursement must be based on a rate of twenty dollars per day beginning July 1, 2010, until July 1, 2011, forty dollars per day beginning July 1, 2011, until July 1, 2012, and sixty-five dollars per day as adjusted for inflation under subsection (1)(d) of this section beginning July 1, 2012. To receive reimbursement, the county must:
     (a) Certify to the administrative office of the courts by the first of January of each year for which reimbursement is requested that the county has:
     (i) Implemented a policy on juror service in which the period of time a juror is required to be present at the court facility may not exceed two days during any jury term, except to complete a trial to which the juror was assigned; and
     (ii) Complied with any requirements adopted by the board for judicial administration for the management of juries and jurors;
     (b) Have provided to the administrative office of the courts data, for the most recent calendar year, specified by the board for judicial administration for the calculation of juror yield and juror utilization statistics; and
     (c) Use forms prescribed by the administrative office of the courts to request reimbursement.
     (5) 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)).
     (6) 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 expense payments paid to jurors shall be determined by the county legislative authority and shall be uniformly applied within the county.
     For the fiscal year ending June 30, 2007, jurors participating in pilot projects in superior, district, and municipal courts may receive juror fees of up to sixty-two dollars for each day of attendance in addition to mileage reimbursement at the rate determined under RCW 43.03.060)).

Sec. 2   RCW 3.50.135 and 1984 c 258 s 126 are each amended to read as follows:
     (1) 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.
     (2) 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.
     (3) Each juror ((may receive up to twenty-five dollars but in no case less than ten dollars for each day in attendance upon the municipal court)) shall be compensated at the rates provided in RCW 2.36.150(1), and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060((: PROVIDED, That)).
     (4) The juror compensation rates in subsection (3) of this section are subject to the availability of funds specifically appropriated for reimbursement by the state as provided in subsection (5) of this section. If the funds are not appropriated, jurors must receive, besides expense payments for mileage at the rate determined under RCW 43.03.060, up to twenty-five dollars but in no case less than ten dollars for each day's attendance.
     (5) The city is solely responsible for juror compensation for the first day of attendance and for any juror expense payments including mileage. Subject to the availability of funds specifically appropriated therefor, the state shall reimburse the city quarterly for any additional juror compensation required under this section for jury attendance after June 30, 2010. The reimbursement must be based on the same schedule of rates and the city is subject to the same requirements imposed on counties in RCW 2.36.150(4). The compensation paid jurors for the first day of attendance shall be determined by the legislative authority of the city and shall be uniformly applied.
     (6) 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:
     (1) 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.
     (2) 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.
     (3) Each juror ((may receive up to twenty-five dollars but in no case less than ten dollars for each day in attendance upon the municipal court)) shall be compensated at the rates provided in RCW 2.36.150(1), and in addition thereto shall receive mileage at the rate determined under RCW 43.03.060((: PROVIDED, That)).
     (4) The juror compensation rates provided for in subsection (3) of this section are subject to the availability of funds specifically appropriated for reimbursement by the state as provided in subsection (5) of this section. If the funds are not appropriated, grand, petit, coroner's, and district court jurors must receive, besides expense payments for mileage at the rate determined under RCW 43.03.060, up to twenty-five dollars but in no case less than ten dollars for each day's attendance.
     (5) The city is solely responsible for juror compensation for the first day of attendance and for any juror expense payments including mileage. Subject to the availability of funds specifically appropriated therefor, the state shall reimburse the city quarterly for any additional juror compensation required under this section for jury attendance after June 30, 2010. The reimbursement must be based on the same schedule of rates and the city is subject to the same requirements imposed on counties in RCW 2.36.150(4). The compensation paid jurors for the first day of attendance shall be determined by the legislative authority of the city and shall be uniformly applied.
     (6) 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.