Washington State

House of Representatives

Office of Program Research

BILL

ANALYSIS

Judiciary Committee

HB 1610

This analysis was prepared by non-partisan legislative staff for the use of legislative members in their deliberations. This analysis is not a part of the legislation nor does it constitute a statement of legislative intent.

Title: An act relating to jury service.

Brief Description: Changing jury service provisions.

Sponsors: Representatives McCaslin, Riccelli, Rodne, Orwall, Holy, Stokesbary, G. Hunt, Taylor and Shea.

Brief Summary of Bill

  • Reduces the maximum jury term from one month to two weeks, and reduces the maximum term of juror service, except to complete a trial, from two weeks to one week.

Hearing Date: 2/10/15

Staff: Omeara Harrington (786-7136).

Background:

Juries.

A jury is a body of persons temporarily selected from the qualified inhabitants of a particular district and invested with the power to present or indict a person for a public offense or try a question of fact. Jurors are randomly selected from a jury source list made up of the list of registered voters, licensed drivers, and identicard holders in each county. A person is qualified to be a juror if that person is over eighteen, a United States citizen, a resident of the county of service, able to communicate in English, and has not been convicted of a felony.

Jury Service.

The court sets the length and number of jury terms within a 12-month period, subject to statutory parameters for jury terms and service.

The "jury term" is the period of time during which summoned jurors must be available to report for jury service. The jury term is a period of time of one or more days, not to exceed one month. The term of "juror service" is the period of time a juror is required to be present at the court facility. The period of juror service may not extend beyond 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.

It is the policy of the state to maximize the availability of residents of the state for jury service, and to minimize the burden on the prospective jurors, their families, and employers resulting from jury service. Statute instructs that the jury term and jury service should be set at as brief an interval as is practical given the size of the jury source list for the judicial district. The optimal jury term is two weeks or less. Optimal juror service is one day or one trial, whichever is longer.

Excusal from Jury Service.

No person may be excused from jury service by the court except upon a showing of undue hardship, extreme inconvenience, public necessity, or any reason deemed sufficient by the court for a period of time the court deems necessary. A prospective juror excused from juror service for a particular time may be assigned to another jury term. When the jury source list has been fully summoned and additional jurors are needed, jurors who have already served may be summoned again for service. A juror who has previously served may be excused if he or she served at least two weeks of juror service within the preceding 12 months.

Summary of Bill:

The jury term is shortened from one or more days, not exceeding one month to one or more days, not exceeding two weeks. The term of jury service is shortened from up to two weeks to up to one week.

The optimal jury term is one week or less. A juror who is summoned for jury service after having already served within the previous 12 months qualifies for excusal if he or she has served at least one week of juror service during that preceding 12 months.

Appropriation: None.

Fiscal Note: Available.

Effective Date: The bill takes effect 90 days after adjournment of the session in which the bill is passed.