S-2199               _______________________________________________

 

                                         SUBSTITUTE SENATE BILL NO. 5953

                        _______________________________________________

 

State of Washington                               51st Legislature                              1989 Regular Session

 

By Senate Committee on Law & Justice (originally sponsored by Senators Pullen, Talmadge, Johnson and McMullen)

 

 

Read first time 2/27/89.

 

 


AN ACT Relating to the jury source list; amending RCW 2.36.010 and 2.36.055; creating new sections; making an appropriation; and providing an effective date.

 

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

 

        Sec. 1.  Section 1, chapter 48, Laws of 1891 as amended by section 2, chapter 188, Laws of 1988 and RCW 2.36.010 are each amended to read as follows:

          Unless the context clearly requires otherwise the definitions in this section apply throughout this chapter.

          (1) A jury is a body of persons temporarily selected from the qualified inhabitants of a particular district, and invested with power‑-

           (a) To present or indict a person for a public offense.

           (b) To try a question of fact.

          (2) "Court" when used without further qualification means any superior court or court of limited jurisdiction in the state of Washington.

          (3) "Judge" means every judicial officer authorized to hold or preside over a court.  For purposes of this chapter "judge" does not include court commissioners or referees.

          (4) "Juror" means any person summoned for service on a petit jury, grand jury, or jury of inquest as defined in this chapter.

          (5) "Grand jury" means those twelve persons impaneled by a superior court to hear, examine, and investigate evidence concerning criminal activity and corruption.

          (6) "Petit jury" means a body of persons twelve or less in number in the superior court and six in number in courts of limited jurisdiction, drawn by lot from the jurors in attendance upon the court at a particular session, and sworn to try and determine a question of fact.

          (7) "Jury of inquest" means a body of persons six or fewer in number, but not fewer than four persons, summoned before the coroner or other ministerial officer, to inquire of particular facts.

          (8) "Jury source list" means the merged list of all registered voters for any county, as compiled by each county auditor pursuant to the provisions of chapter 29.07 RCW, licensed drivers, and persons issued identicards under RCW 46.20.117 who meet the juror qualifications under RCW 2.36.070.  The ((list)) listing of registered voters shall specify each voter's name, residence address, and precinct as shown on the original registration card of each qualified voter.  The listing of licensed drivers and persons issued identicards shall specify each licensee's and identicard holder's name and residence address.  The list of registered voters shall be filed with the superior court by the county auditor and the list of licensed drivers shall be filed with the superior court by the director of licensing or the director's designee.

          (9) "Master jury list" means the list of prospective jurors from which jurors summoned to serve will be randomly selected.  The master jury list shall be either randomly selected from the jury source list or may be an exact duplicate of the jury source list.

          (10)  "Jury term" means the period of time a person is required to serve as a juror.  A jury term shall begin on the first Monday of each month and shall end on the Saturday immediately preceding the first Monday of each month, unless changed by the court.  A jury term may be extended by the court if necessary for the administration of justice.

          (11) "Jury panel" means those persons randomly selected for jury service for a particular jury term.

 

        Sec. 2.  Section 4, chapter 188, Laws of 1988 and RCW 2.36.055 are each amended to read as follows:

          The county auditor shall prepare and file with the superior court at least annually, at a time or times set forth in an order of the judges of the superior court from the original registration files of voters of the county a list of all registered voters.  The list may be divided into the respective voting precincts.

          The director of licensing or the director's designee shall prepare and file with each superior court at least annually, at a time or times set forth in an order of the judges of the superior court, a list of all persons holding driver's licenses and identicards who meet the juror qualifications under RCW 2.36.070.  The list shall be divided into respective counties.

          The superior court upon receipt of the list of registered voters filed by the county auditor and the list of licensed drivers and persons issued identicards filed by the director of licensing or the director's designee shall ((use that)) merge those lists ((as)) to create the jury source list and shall compile a master jury list from the source list:  PROVIDED, That any superior court may direct that the department of licensing provide the list of licensed drivers and identicard holders for that county to the office of the administrator for the courts for merging with the list of registered voters provided to the office by the administrator for the courts by the superior court of the county.  The office of the administrator for the courts may specify by what means and format the information is to be provided by the department of licensing and the superior court.  The master jury list shall be certified by the superior court and filed with the county clerk.  All previous jury source lists and master jury lists shall be superseded.  Jurors shall be randomly selected from the master jury list without regard for whether the juror is on the list by virtue of his or her status as a registered voter, licensed driver, or identicard holder.

          Upon receipt of amendments to the list of registered voters from the county auditor and the list of licensed drivers from the director of licensing the superior court may update the jury source list and master jury list as maintained by the county clerk accordingly.

 

          NEW SECTION.  Sec. 3.     The office of the administrator for the courts shall conduct a pilot project involving a computer simulation of the effects of a merged source list and develop a plan to implement this act.  The plan to implement this act shall be developed by the office of the administrator for the courts, a representative of the superior court judges, a representative of the district and municipal court judges association, the Washington state association of county clerks, the secretary of state, the Washington state association of county auditors, the department of licensing, a representative of the Washington state bar association, a representative of the superior court administrators, and a representative of the Washington state association for court administration.

 

          NEW SECTION.  Sec. 4.     The office of the administrator for the courts shall report to the legislature by January 15, 1990, on the status of its plan to implement this act.

 

          NEW SECTION.  Sec. 5.     Sections 1 and 2 of this act shall take effect May 1, 1991.

 

          NEW SECTION.  Sec. 6.     The sum of forty-eight thousand dollars, or as much thereof as may be necessary, is appropriated for the biennium ending June 30, 1991, from the general fund to the office of the administrator for the courts to carry out the pilot project and develop a plan as set forth in this act.