SENATE BILL REPORT

SB 5135

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Background: A jury source list is a list of all registered voters of a county, merged with a list of licensed drivers and identicard holders who reside in that county. The list specifies each person's first and last name, middle initial, date of birth, gender, and residence address. Information provided to the court for preliminary determination of qualification for jury duty may only be used for the term the person is summoned and may not be used for any other purpose. Jury source lists are used to create a master list from which jurors are randomly selected. The jurors drawn for service are summoned by mail or personal service. The court clerk must report nondelivery of summons of persons summoned for jury duty to the county auditor.

Disputes in trust and estate matters may be resolved using nonjudicial methods. If mediation, arbitration, or agreement are unsuccessful, judicial resolution of a trust and estate dispute may be resolved by the court. These judicial proceedings may be commenced as new actions or as actions incidental to other proceedings relating to the same trust, estate, or nonprobate asset. These actions may also be converted into separate actions.

In proceedings to adjudicate parentage, the court may close the proceeding for good cause. Final orders in parentage proceedings are available for public inspection.

Summary of Bill: The court clerk is no longer required to report a summons as undeliverable for persons summoned for jury duty to the county auditor.

Judicial proceedings in trust and estate matters must be commenced as new actions. They may be consolidated with existing proceedings, but they may no longer be converted into separate actions.

In parentage proceedings all documents or pleadings filed subsequent to a final order are also available for public inspection.

Staff Summary of Public Testimony: PRO: These are intended to be technical updates. County auditors have better methods that they use to update jury lists. Requiring trust and estate cases to be filed as new actions enables county clerks to ensure proper record-keeping. It is not uncommon to have subsequent documents filed in paternity proceedings and it is not clear whether those documents are open for public inspection.