AN ACT Relating to juries; and amending RCW 2.36.060, 2.36.063, and 2.36.070.

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

Sec. 1. Section 3, chapter 57, Laws of 1911 as last amended by section 1, chapter 135, Laws of 1979 ex. sess. and RCW 2.36.060 are each amended to read as follows:

The judge or judges of the superior court of each county shall divide the county into not less than three jury districts, ((~~following the lines of voting precincts and~~)) arranging the districts in such manner that the population in each district shall be as nearly equal as may be, and the fixing of the boundaries of the district shall be evidenced by an order made by the court and entered upon its records.

The county auditor shall prepare annually ((~~from the original registration files of voters of the county~~)) a list according to a procedure or formula established by the judge or judges of the superior court for the selection of prospective jurors from the ((~~original registration files of voters~~)) general population of the county. The list shall be divided into the respective ((~~voting precincts~~)) districts and shall specify with respect to each name appearing on said list all the information ((~~upon the original registration card of each qualified voter~~)) known by the auditor about the person.

During the month of July of each year, the judge or judges of the superior court for each county shall select by lot, in the manner hereinafter set forth, from said lists ((~~and from the original registration files of voters of the county,~~)) and enter in a book kept for that purpose and shall certify and file with the county clerk a jury list containing the names of a sufficient number of qualified persons to serve as jurors until the first day of August of the next calendar year. The judge or judges may call (but are not required to call) one or more ((~~electors~~)) persons from each or any of the jury districts to advise in the selection. Each such ((~~elector~~)) person shall receive for his services the sum of ten dollars per day and the mileage allowed sheriffs, upon vouchers approved by the judge or presiding judge of the county. In making the selection of jurors the judge or judges shall be bound by the list of names filed with the county clerk as in this section provided. At any time and from time to time the judges may add to the jury list in the same manner, and when this is done a certified list of the names added shall be filed with the clerk.

The number of persons selected from the several jury districts shall be as nearly as possible in proportion to the number of names on the list certified and filed with the county clerk for the several districts.

The county clerk shall provide boxes sufficient in number to correspond with the number of jury districts fixed by the court, and numbered to correspond therewith, and having written the names appearing in the jury list for each district upon slips of paper, which shall be similar in size, quality of paper, and writing, shall deposit such slips in the jury box of the proper district. At the time of the drawing of names for any venire there must be in the jury boxes at least five times as many names as the number of names to be drawn.

The jury list shall be selected by the judge or judges in the following manner:

(1) The selection of ((~~precincts~~)) districts from which names are to be selected shall be by lot;

(2) The number of jurors selected from each ((~~precinct~~)) district selected under subsection (1) of this section shall, insofar as practicable, be equal;

(3) The selection of prospective jurors within a given ((~~precinct~~)) district shall be by selection of names in a given and identical numbered sequence based upon the number of jurors to be selected therefrom.

Sec. 2. Section 1, chapter 13, Laws of 1973 2nd ex. sess. and RCW 2.36.063 are each amended to read as follows:

The judge or judges of the superior court of any county may, if they so choose, by local superior court rule, employ a properly programmed electronic data processing system or device to make random selection of jurors as required by RCW 2.36.060.

Upon determination that such system shall be employed, the judge or judges of the superior court shall direct the county auditor to provide the names and other information ((~~concerning all registered voters which have been filed with him by the registrar of voters pursuant to~~)) required under RCW 2.36.060.

In those counties employing the electronic data processing random selection method, the judge or judges of the superior court may determine that fair and random selection may be achieved without division of the county into three or more jury districts. Upon such determination, the judge or judges shall, during the month of July each year, order a master jury list to be selected by an unrestricted random sample from the names of all ((~~registered voters filed with the county auditor~~)) persons residing in the county, without regard to location ((~~of precinct~~)).

In those counties employing the electronic data processing random selection method, if the judge or judges of the superior court determine that the jury district procedure required for noncomputer jury selection is to be followed, the judge or judges shall divide the county into not less than three jury districts pursuant to RCW 2.36.060. The judge or judges shall during the month of July each year, order a master jury list to be selected by an unrestricted random sample from the names of all ((~~registered voters filed with the county auditor~~)) persons residing in the county. Such list must contain as nearly as possible an equal number of jurors from each jury district.

The master jury list randomly selected shall contain names of a sufficient number of qualified ((~~voters~~)) persons to serve as jurors until the first day of August of the next calendar year, and shall be certified and filed with the county clerk. At any time the judge or judges may add to the jury list in the random selection manner by data process device as approved by the judge or judges. A certified list of the added names shall be filed with the county clerk.

Sec. 3. Section 1, chapter 57, Laws of 1911 as last amended by section 1, chapter 203, Laws of 1975 1st ex. sess. and RCW 2.36.070 are each amended to read as follows:

No person shall be competent to serve as a juror in the superior courts of the state of Washington unless he ((be)) is:

(1) ((~~an elector and~~)) At least eighteen years of age and a taxpayer of the state((,));

(2) A resident of the county in which he is called for service for more than one year preceding such time((,));

(3) In full possession of his faculties and of sound mind: PROVIDED, That a person shall not be precluded from the list of prospective jurors because of loss of sight in any degree. Sound mind, as used in this section, shall mean the necessary mental process utilized in reasoning to a logical conclusion((,)); and

(4) Able to read and write the English language.