SENATE BILL REPORT

SHB 2467

BYHouse Committee on Judiciary (originally sponsored by Representatives 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

Senate Committee on Law & Justice

Senate Hearing Date(s):February 15, 1990; February 21, 1990

Majority Report:  Do pass as amended.

      Signed by Senators Nelson, Chairman; McCaslin, Vice Chairman; Hayner, Madsen, Newhouse, Niemi, Patrick, Rasmussen, Rinehart, Talmadge, Thorsness.

Senate Staff:Anita Neal (786-7418)

                  March 1, 1990

AS REPORTED BY COMMITTEE ON LAW & JUSTICE, FEBRUARY 21, 1990

BACKGROUND:

Statutory law currently provides that juries in superior court be composed of 12 persons or less.  However, according to the Washington Code of Civil Procedure, a jury will be composed of six persons unless the parties demand a jury of 12 persons or less.  These provisions create confusion when read together and imply that juries in superior court will have six members unless the parties demand otherwise.

The current statutes on eminent domain trials do not specify the number of jurors that shall be summoned by the sheriff.

A fine of $20 is imposed for failure to appear for service as a coroner's inquest juror.  Intentional failure to appear when summoned for jury service is generally considered to be a misdemeanor.

SUMMARY:

Eminent domain actions brought by the state, counties, cities, school districts and diking districts are heard by a jury of 12 unless the parties agree to a smaller jury.  Such juries are summoned by the county clerk and selected according to procedures outlined in RCW 2.36.

Every juror who intentionally fails to appear for service at a coroner's inquest is guilty of a misdemeanor.

Appropriation:    none

Revenue:    none

Fiscal Note:      available

SUMMARY OF PROPOSED SENATE AMENDMENT:

State agencies and organizations shall prepare an implementation plan for merging the lists of registered voters, licensed drivers and identicard holders to expand the jury source list.  The plan shall be submitted to the Legislature by January 1, 1991.  An appropriation of $35,000 is made for the implementation plan.

Senate Committee - Testified: Representative Padden, original prime sponsor