BILL REQ. #:  S-0047.1 

Read first time 01/15/2003.   Referred to Committee on Judiciary.

     AN ACT Relating to selection of jurors; amending RCW 2.36.010, 2.36.054, 2.36.055, 2.36.065, and 2.36.070; and repealing RCW 2.36.057 and 2.36.0571.

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

Sec. 1   RCW 2.36.010 and 1993 c 408 s 4 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 list of all registered voters for any county((, merged with a list of licensed drivers and identicard holders who reside in the county)). The list shall specify each person's name and residence address and conform to the methodology and standards set pursuant to the provisions of RCW 2.36.054 or by supreme court rule. The list shall be filed with the superior court by the county auditor.
     (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 a period of time of one or more days, not exceeding one month, during which summoned jurors must be available to report for juror service.
     (11) "Juror service" means the period of time a juror is required to be present at the court facility. This period of time may not extend beyond the end of the jury term, and may not exceed two weeks, except to complete a trial to which the juror was assigned during the two-week period.
     (12) "Jury panel" means those persons randomly selected for jury service for a particular jury term.

Sec. 2   RCW 2.36.054 and 1993 c 408 s 3 are each amended to read as follows:
     Unless otherwise specified by rule of the supreme court, the jury source list and master jury list for each county shall be created as provided by this section.
     (1) ((The superior court of each county, after consultation with the county clerk and county auditor of that jurisdiction, shall annually notify the department of information services not later than March 1 of each year of its election to use either a jury source list that is merged by the county or a jury source list that is merged by the department of information services.)) The department of information services shall annually furnish at no charge to the superior court of each county a ((separate)) list of the registered voters residing in that county as supplied annually by the secretary of state ((and a separate list of driver's license and identicard holders residing in that county as supplied annually by the department of licensing, or a merged list of all such persons residing in that county, in accordance with the annual notification required by this subsection)). The list((s)) provided by the department of information services shall be in an electronic format mutually agreed upon by the superior court requesting it and the department of information services. The ((annual merger of the list of registered voters residing in each county with the list of licensed drivers and identicard holders residing in each county to form)) formation of a jury source list for each county shall be in accordance with the standards and methodology established in this chapter or by superseding court rule ((whether the merger is accomplished by the department of information services or by a county)).
     (2) Persons on the lists of registered voters ((and driver's license and identicard holders)) shall be identified by a minimum of last name, first name, middle initial where available, date of birth, gender, and county of residence. ((Identifying information shall be used when merging the lists to ensure to the extent reasonably possible that persons are only listed once on the merged list. Conflicts in addresses are to be resolved by using the most recent record by date of last vote in a general election, date of driver's license or identicard address change or date of voter registration.
     (3) The department of information services shall provide counties that elect to receive a jury source list merged by department of information services with a list of names which are possible duplicates that cannot be resolved based on the identifying information required under subsection (2) of this section. If a possible duplication cannot subsequently be resolved satisfactorily through reasonable efforts by the county receiving the merged list, the possible duplicate name shall be stricken from the jury source list until the next annual jury source list is prepared.))

Sec. 3   RCW 2.36.055 and 1993 c 408 s 5 are each amended to read as follows:
     The superior court at least annually shall cause a jury source list to be compiled from a list of all registered voters ((and a list of licensed drivers and identicard holders)) residing in the county.
     The superior court upon receipt of the jury source list shall compile a master jury list. 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. In the event that, for any reason, a county's jury source list is not timely created and available for use at least annually, the most recent previously compiled jury source list for that county shall be used by the courts of that county on an emergency basis only for the shortest period of time until a current jury source list is created and available for use.
     Upon receipt of amendments to the list of registered voters ((and licensed drivers and identicard holders)) residing in the county the superior court may update the jury source list and master jury list as maintained by the county clerk accordingly.

Sec. 4   RCW 2.36.065 and 1993 c 408 s 7 are each amended to read as follows:
     It shall be the duty of the judges of the superior court to ensure continued random selection of the master jury list and jury panels((, which shall be done without regard to whether a person's name originally appeared on the list of registered voters, or on the list of licensed drivers and identicard holders, or both)). The judges shall review the process from time to time and shall cause to be kept on file with the county clerk a description of the jury selection process. Any person who desires may inspect this description in ((said)) the county clerk's office.
     Nothing in this chapter shall be construed as requiring uniform equipment or method throughout the state, so long as fair and random selection of the master jury list and jury panels is achieved.

Sec. 5   RCW 2.36.070 and 1988 c 188 s 7 are each amended to read as follows:
     A person shall be competent to serve as a juror in the state of Washington unless that person:
     (1) Is less than eighteen years of age;
     (2) Is not a citizen of the United States;
     (3) Is not a resident of the county in which he or she has been summoned to serve;
     (4) Is not a registered voter of the county in which he or she has been summoned to serve;
     (5) Is not able to communicate in the English language; or
     (((5))) (6) Has been convicted of a felony and has not had his or her civil rights restored.

NEW SECTION.  Sec. 6   The following acts or parts of acts are each repealed:
     (1) RCW 2.36.057 (Expanded jury source list--Court rules) and 1993 c 408 s 1; and
     (2) RCW 2.36.0571 (Jury source list--Master jury list--Adoption of rules for implementation of methodology and standards by agencies) and 1993 c 408 s 2.