HOUSE BILL REPORT

HB 2467

BYRepresentatives Padden, Appelwick, Dellwo and R. Meyers; by request of Office of the Administrator of the Courts

Changing provisions relating to juries.

House Committe on Judiciary

Majority Report:  The substitute bill be substituted therefor and the substitute bill do pass.  (16)

      Signed by Representatives Appelwick, Chair; Crane, Vice Chair; Padden, Ranking Republican Member; Belcher, Dellwo, Forner, Hargrove, Inslee, P. King, R. Meyers, Moyer, H. Myers, Schmidt, Scott, Tate and Wineberry.

Minority Report:  Do not pass.  (2)

      Signed by Representatives Brough and Locke.

House Staff:Regina Jones (786-7191)

AS REPORTED BY COMMITTEE ON JUDICIARY JANUARY 25, 1990

BACKGROUND:

Chapter 2.36 RCW regarding juries was amended in 1988.  The purpose of the amendments was to promote efficient jury administration and to provide for the uniform selection, summoning, and compensation of jurors.  Under Chapter 2.36, juries in superior court have 12 or less persons.  However, the Washington code of civil procedure provides that a jury will have six persons unless the parties require a jury of 12 or less.  These provisions, when read together, presume that juries in superior court have six members unless the parties require an alternative number of jurors.

Statutes governing the summoning of juries for eminent domain actions by the state, school districts, and diking districts provide that a jury of 12 persons will hear these actions unless the parties agree to a smaller number. Other statutes concerning eminent domain actions by the state, cities, school districts, and diking districts provide that jurors be summoned by the sheriff.  Under RCW 2.36, the county clerk summons persons for jury duty.

A fine of $20.00 is presently imposed for failure to appear for service as a coroner's inquest juror. Generally, intentional failure to appear when summoned for jury service is a misdemeanor.

SUMMARY:

SUBSTITUTE BILL:  Eminent domain actions by the state, counties, cities, school districts and diking districts will be heard by juries of 12 persons unless the parties to the proceedings agree to a smaller number.

Eminent domain actions by the state, cities, school districts or diking districts will be heard by juries summoned and selected as provided in the chapter on juries, RCW 2.36.

Juries in eminent domain actions by the state, cities, school districts and diking districts are summoned by the county clerk pursuant to procedures in the chapter on juries.

An individual who intentionally fails to appear for service as a coroner's inquest juror is guilty of a misdemeanor.

SUBSTITUTE BILL COMPARED TO ORIGINAL:  The substitute bill restores the text specifying that eminent domain actions are to be heard by 12 person juries unless the parties agree otherwise.  For consistency, similar language is added to eminent domain provisions governing counties and cities so that county and city eminent domain actions are also to be heard by 12 person juries unless the parties agree otherwise.

Fiscal Note:      Not Requested.

House Committee ‑ Testified For:    Gilbert Austin, Office of the Administrator for the Courts.

House Committee - Testified Against:      No one.

House Committee - Testimony For:    The bill makes technical corrections consistent with the 1988 amendments to promote efficient jury administration.

House Committee - Testimony Against:      None.