HOUSE BILL NO. 497

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H0497................................by JUDICIARY, RULES AND ADMINISTRATION
JURY COMMISSIONER - DUTIES - Amends, repeals and adds to existing law to
clarify the composition of jury commissions; to clarify the term of service
and qualifications and duties of the jury commissioner; to provide who
shall determine the frequency with which a district's master jury wheel
will be emptied and refilled; to provide that names of prospective jurors
will not be released absent specific order of the trial judge; to provide
the content of juror qualification forms and to provide penalty for
misrepresentation by a juror on the qualification forms; to provide a
penalty for failure of a prospective juror to appear; to clarify who may
request the court to determine whether a prospective juror is disqualified
and to provide criteria for disqualification; to provide for postponement
of jury service; to provide criteria for being excused from jury service;
to authorize the administrative judge of a judicial district to extend the
limitation on required jury service; to provide that appearances for jurors
may include telephone standby; to provide procedures for the impaneling of
grand juries; and to provide for additional jurors; to provide that the
county must supply board and lodging for a jury ordered by a court to be
kept together; and to provide that a bailiff may be sworn to undertake
certain responsibilities with a jury.
                                                                        
01/30    House intro - 1st rdg - to printing
01/31    Rpt prt - to Jud
02/26    Rpt out - rec d/p - to 2nd rdg
02/27    2nd rdg - to 3rd rdg
02/28    3rd rdg - PASSED - 64-1-5
      AYES -- Aikele, Barraclough, Barrett, Bedke, Bell, Black, Block, Boe,
      Bolz, Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow,
      Cuddy, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
      Gould, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
      Jones, Kendell, Kunz, Lake, Langford, Loertscher, Mader, Martinez,
      McKague, Meyer, Montgomery, Pearce, Pischner, Pomeroy, Raybould,
      Ridinger, Roberts, Robison, Sali, Schaefer, Sellman, Shepherd,
      Smith(33), Smith(23), Smylie, Stevenson, Stone, Tilman, Trail,
      Wheeler, Wood, Young, Mr. Speaker
      NAYS -- Bieter
      Absent and excused -- Deal, Gagner, Kellogg(Duncan), Mortensen, Moyle
    Floor Sponsor - Smith(23)
    Title apvd - to Senate
03/01    Senate intro - 1st rdg - to Jud
03/05    Rpt out - rec d/p - to 2nd rdg
03/06    2nd rdg - to 3rd rdg
03/12    3rd rdg - PASSED - 30-0-5
      AYES -- Andreason, Boatright, Bunderson, Burtenshaw, Cameron,
      Darrington, Davis, Deide, Dunklin, Frasure, Geddes, Goedde, Hawkins,
      Hill, Ingram, Ipsen, Little, Lodge, Marley, Richardson, Risch, Sandy,
      Schroeder, Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler,
      Williams
      NAYS -- None
      Absent and excused -- Branch(Bartlett), Brandt, Keough,
      King-Barrutia, Noh
    Floor Sponsor - Lodge
    Title apvd - to House
03/13    To enrol
03/14    Rpt enrol - Sp signed - Pres signed
03/14    To Governor
03/19    Governor signed
         Session Law Chapter 94
         Effective: 07/01/02

Bill Text


                                                                        
                                                                        
  ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
 Fifty-sixth Legislature                  Second Regular Session - 2002
                                                                        
                                                                        
                              IN THE HOUSE OF REPRESENTATIVES
                                                                        
                                     HOUSE BILL NO. 497
                                                                        
                      BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE
                                                                        
  1                                        AN ACT
  2    RELATING TO JURIES; AMENDING SECTION 2-205, IDAHO CODE, TO CLARIFY THE COMPOS-
  3        ITION OF JURY COMMISSIONS, TO CLARIFY THE TERM OF SERVICE  AND  QUALIFICA-
  4        TIONS OF THE JURY COMMISSIONER AND TO CLARIFY EXPENSE REIMBURSEMENT PROVI-
  5        SIONS;  AMENDING  SECTION  2-207,  IDAHO  CODE, TO AUTHORIZE EACH JUDICIAL
  6        DISTRICT'S ADMINISTRATIVE JUDGE TO DETERMINE THE FREQUENCY  AT  WHICH  THE
  7        DISTRICT'S  MASTER  JURY  WHEEL WILL BE EMPTIED AND REFILLED AND TO MAKE A
  8        TECHNICAL CORRECTION; AMENDING SECTION 2-208, IDAHO CODE, TO PROVIDE  THAT
  9        THE  JURY  COMMISSIONER  SHALL  HAVE  CERTAIN  DUTIES AND RESPONSIBILITIES
 10        RELATING TO PROSPECTIVE JURORS, TO PROHIBIT RELEASE OF NAMES  OF  PROSPEC-
 11        TIVE JURORS OR THE JUROR LIST ABSENT SPECIFIC ORDER OF THE TRIAL JUDGE, TO
 12        CLARIFY  THE REQUIRED CONTENT OF JUROR QUALIFICATION FORMS, TO PROVIDE FOR
 13        A JUROR'S ACKNOWLEDGMENT THAT WILLFUL MISREPRESENTATION ON THE JUROR QUAL-
 14        IFICATION FORM MAY BE PUNISHED AS A MISDEMEANOR, TO CLARIFY  THAT  A  PRO-
 15        SPECTIVE  JUROR  WHO  FAILS TO APPEAR IS GUILTY OF CONTEMPT, TO PROVIDE AN
 16        ADDITIONAL CONSEQUENCE TO PROSPECTIVE JURORS WHO FAIL TO APPEAR,  TO  PRO-
 17        VIDE  THAT  A PROSPECTIVE JUROR'S WRONGFUL MISREPRESENTATION OF A MATERIAL
 18        FACT ON THE JUROR QUALIFICATION FORM SHALL CONSTITUTE A MISDEMEANOR AND TO
 19        MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 2-209, IDAHO CODE, TO CLARIFY
 20        THE INDIVIDUALS WHO MAY REQUEST THAT THE COURT DETERMINE  WHETHER  A  PRO-
 21        SPECTIVE  JUROR  IS DISQUALIFIED FROM JURY SERVICE BASED ON CERTAIN CRITE-
 22        RIA, TO STRIKE CERTAIN DUTIES OF THE CLERK, TO PROVIDE THAT THE  CLERK  OR
 23        THE  JURY  COMMISSION  SHALL DETERMINE WHETHER A PROSPECTIVE JUROR IS DIS-
 24        QUALIFIED FROM JURY SERVICE BASED ON CERTAIN CRITERIA, TO  STRIKE  A  DIS-
 25        QUALIFICATION FROM SERVICE FOR CERTAIN PROSPECTIVE JURORS SEVENTY YEARS OF
 26        AGE  OR  OLDER  AND TO STRIKE CERTAIN REASONS AND CONDITIONS FOR POSTPONE-
 27        MENT; AMENDING SECTION 2-210, IDAHO CODE, TO PROVIDE  THAT  THE  NAMES  OF
 28        QUALIFIED  JURORS  AND  THE  CONTENT  OF THOSE JURORS' QUALIFICATION FORMS
 29        SHALL BE AVAILABLE TO THE PUBLIC AT THE DISCRETION  OF  THE  TRIAL  COURT;
 30        AMENDING  SECTION  2-212,  IDAHO CODE, TO PROVIDE FOR POSTPONEMENT OF JURY
 31        SERVICE, TO PROVIDE THAT A MEMBER OF THE JURY COMMISSION DESIGNATED BY THE
 32        COURT MAY DETERMINE WHETHER A PROSPECTIVE JUROR  SHOULD  BE  EXCUSED  FROM
 33        JURY  SERVICE  OR  HAVE JURY SERVICE POSTPONED AND TO PROVIDE FOR ENTRY OF
 34        THEIR DETERMINATION, TO PROVIDE A PROCEDURE FOR PERSONS SEVENTY  YEARS  OF
 35        AGE  OR OLDER TO BE EXCUSED FROM JURY SERVICE AND TO PROVIDE FOR POSTPONE-
 36        MENT OF JURY SERVICE; AMENDING SECTION 2-216, IDAHO CODE, TO AUTHORIZE THE
 37        ADMINISTRATIVE JUDGE OF A JUDICIAL DISTRICT TO EXTEND  THE  LIMITATION  ON
 38        REQUIRED  JURY  SERVICE  AND  TO  PROVIDE  THAT  APPEARANCES BY JURORS MAY
 39        INCLUDE TELEPHONE STANDBY IF PERMITTED BY THE ADMINISTRATIVE JUDGE OF  THE
 40        DISTRICT;  AMENDING  SECTION 2-501, IDAHO CODE, TO PROVIDE A PROCEDURE FOR
 41        THE IMPANELING OF GRAND JURIES; REPEALING  SECTION  19-1904,  IDAHO  CODE;
 42        AMENDING  CHAPTER  19, TITLE 19, IDAHO CODE, BY THE ADDITION OF A NEW SEC-
 43        TION 19-1904, IDAHO CODE, TO PROVIDE FOR ADDITIONAL JURORS;  AND  AMENDING
 44        SECTION  19-2126, IDAHO CODE, TO PROVIDE THAT THE COUNTY MUST SUPPLY BOARD
 45        AND LODGING FOR A JURY ORDERED BY A COURT TO BE KEPT TOGETHER AND TO  PRO-
 46        VIDE  THAT  A  BAILIFF  MAY BE SWORN TO UNDERTAKE CERTAIN RESPONSIBILITIES
                                                                        
                                           2
                                                                        
  1        WITH A JURY AND TO MAKE A TECHNICAL CORRECTION.
                                                                        
  2    Be It Enacted by the Legislature of the State of Idaho:
                                                                        
  3        SECTION 1.  That Section 2-205, Idaho Code, be, and  the  same  is  hereby
  4    amended to read as follows:
                                                                        
  5        2-205.  JURY  COMMISSIONS  ESTABLISHED -- COMPOSITION -- QUALIFICATIONS OF
  6    COMMISSIONERS -- EXPENSES AND COMPENSATION. A jury commission  is  established
  7    in  each county to manage the jury selection process under the supervision and
  8    control of the court. The jury commission shall be composed of  the  clerk  of
  9    the  district  court  and  a jury commissioner appointed for a term of two (2)
 10    years by the administrative judge,. who  The  jury  commissioner  shall  serve
 11    until  a successor is appointed and qualifies. The jury commissioner must be a
 12    citizen of the United States and a resident in the county in which he the jury
 13    commissioner serves. The jury commissioner may be reimbursed for travel,  sub-
 14    sistence,  and  other necessary expenses incurred by him in the performance of
 15    his jury commission duties and may receive compensation at  a  per  diem  rate
 16    fixed  by  the administrative judge and payable from the county general funds,
 17    if he is not otherwise a county employee.
                                                                        
 18        SECTION 2.  That Section 2-207, Idaho Code, be, and  the  same  is  hereby
 19    amended to read as follows:
                                                                        
 20        2-207.  MASTER  JURY  WHEEL -- MANNER OF SELECTING NAMES FOR. (1) The jury
 21    commission for each county shall maintain a master jury wheel, into which  the
 22    commission  shall place the names or identifying numbers of prospective jurors
 23    taken from the master list. If the total number of prospective jurors  on  the
 24    master  list is one thousand (1,000) or less, the names or identifying numbers
 25    of all of them shall be placed in the master jury wheel. In all  other  cases,
 26    the  number  of prospective jurors to be placed in the master jury wheel shall
 27    be one thousand (1,000) plus not less than one per cent percent  (1%)  of  the
 28    total  number of names on the master list. From time to time a larger or addi-
 29    tional number may be determined by the  jury  commission  or  ordered  by  the
 30    administrative  judge  to  be  placed in the master jury wheel. In December of
 31    each odd-numbered year, or more frequently as determined by the administrative
 32    judge of a judicial district, the wheel shall be emptied and refilled as  pre-
 33    scribed in this act.
 34        (2)  Unless  all the names on the master list are to be placed in the mas-
 35    ter jury wheel pursuant to subsection (1) of this section, the names or  iden-
 36    tifying  numbers  of  prospective jurors to be placed in the master jury wheel
 37    shall be selected by the jury commission at random from the master list in the
 38    following manner: the total number of  names  on  the  master  list  shall  be
 39    divided  by  the  number  of  names to be placed in the master jury wheel; the
 40    whole number nearest the quotient shall be the "key number," except  that  the
 41    key  number  shall  never  be  less than 2. A "starting number" for making the
 42    selection shall then be determined by a random method from the numbers from  1
 43    to the key number, both inclusive. The required number of the names shall then
 44    be selected from the master list by taking in order the first name on the mas-
 45    ter  list corresponding to the starting number and then successively the names
 46    appearing  in  the  master  list  at  intervals  equal  to  the  key   number,
 47    recommencing  if  necessary at the start of the list until the required number
 48    of names has been selected. Upon recommencing at the start of the list, or  if
 49    additional  names  are  subsequently to be selected for the master jury wheel,
 50    names previously selected from the master list shall be disregarded in select-
                                                                        
                                           3
                                                                        
  1    ing the additional names. The jury commission may use an electronic or mechan-
  2    ical system or device in carrying out its duties.
                                                                        
  3        SECTION 3.  That Section 2-208, Idaho Code, be, and  the  same  is  hereby
  4    amended to read as follows:
                                                                        
  5        2-208.  NAMES  DRAWN  FROM  MASTER  JURY  WHEEL -- QUALIFICATION FORMS FOR
  6    PROSPECTIVE JURORS -- MAILING AND RETURN -- ORDER TO APPEAR --  CRIMINAL  CON-
  7    TEMPT  -- PENALTY FOR MISREPRESENTATION. (1) From time to time and in a manner
  8    prescribed by the administrative judge the jury commission publicly shall draw
  9    at random from the master jury wheel the names or identifying  numbers  of  as
 10    many  prospective  jurors  as  the administrative judge by order requires. The
 11    clerk or the jury commissioner shall prepare an alphabetical list of the names
 12    drawn. Neither the names drawn nor the list shall be disclosed to  any  person
 13    other  than pursuant to this act or except upon specific order of the adminis-
 14    trative trial judge. The clerk or the jury commissioner shall  mail  to  every
 15    prospective juror whose name is drawn from the master jury wheel a juror qual-
 16    ification  form accompanied by instructions to fill out and return the form by
 17    mail to the clerk or the jury commissioner within  ten  (10)  days  after  its
 18    receipt.  The  juror  qualification  form  shall be subject to approval by the
 19    administrative judge as to matters of form and shall elicit the name,  address
 20    of  residence, and age of the prospective juror and whether he the prospective
 21    juror: (1a) is a citizen of the United States of America and a resident of the
 22    county, (2b) is able to read, speak and understand the English language,  (3c)
 23    has  any physical or mental disability impairing his capacity to render satis-
 24    factory jury service, and (4d) has lost the right to vote because of a  felony
 25    criminal  conviction and has not had that right restored. The juror qualifica-
 26    tion form shall contain the prospective juror's declaration that his responses
 27    are true to the best of his knowledge and his  acknowledgment  that  a  wilful
 28    willful  misrepresentation of a material fact may be punished by a fine of not
 29    more than three hundred dollars ($300) or imprisonment for not more than sixty
 30    (60) days, or both as a misdemeanor. Notarization of the  juror  qualification
 31    form shall not be required. If the prospective juror is unable to fill out the
 32    form,  another person may do it for him and shall indicate that he has done so
 33    and the reason therefor. If it appears there is  an  omission,  ambiguity,  or
 34    error  in a returned form, the clerk or the jury commissioner shall again send
 35    the form with instructions to the prospective  juror  to  make  the  necessary
 36    addition, clarification, or correction and to return the form to the jury com-
 37    mission within ten (10) days after its second receipt.
 38        (2)  Any  prospective juror who fails to return a completed juror qualifi-
 39    cation form as instructed shall be directed by the jury commission  to  appear
 40    forthwith  before  the  clerk  or  the jury commissioner to fill out the juror
 41    qualification form. At the time of his appearance for jury service, or at  the
 42    time  of  any  interview before the court, or clerk, or the jury commissioner,
 43    any prospective juror may be required to fill out another juror  qualification
 44    form  in  the  presence  of  the court, or clerk, or the jury commissioner, at
 45    which time the prospective juror may be questioned, but only  with  regard  to
 46    his responses to questions contained on the form and grounds for his excuse or
 47    disqualification. Any information thus acquired by the court, or clerk, or the
 48    jury commissioner shall be noted on the juror qualification form.
 49        (3)  A  prospective  juror  who fails to appear as directed by the commis-
 50    sion, pursuant to subsection (1) of this section shall be ordered by the court
 51    to appear and show cause for his failure to appear as directed.  If  the  pro-
 52    spective  juror fails to appear pursuant to the court's order or fails to show
 53    good cause for his failure to appear as directed by the jury commission, he is
                                                                        
                                           4
                                                                        
  1    guilty of criminal contempt and upon conviction may be fined not more than one
  2    hundred dollars ($100) or imprisoned not more than three (3)  days,  or  both,
  3    and postponed to a new jury term as set by the presiding judge.
  4        (4)  Any  person who wilfully willfully misrepresents a material fact on a
  5    juror qualification form for the purpose of avoiding or securing service as  a
  6    juror  is  guilty  of a misdemeanor. and upon conviction may be fined not more
  7    than three hundred dollars ($300) or imprisoned not more than sixty (60) days,
  8    or both.
                                                                        
  9        SECTION 4.  That Section 2-209, Idaho Code, be, and  the  same  is  hereby
 10    amended to read as follows:
                                                                        
 11        2-209.  COURT DETERMINATION OF QUALIFICATION OF PROSPECTIVE JUROR -- QUAL-
 12    IFICATIONS  --  PHYSICIAN'S  CERTIFICATE OF PHYSICAL OR MENTAL DISABILITY. (1)
 13    The court, upon request of the clerk or the jury commissioner or a prospective
 14    juror or on its own initiative, shall determine on the  basis  of  information
 15    provided  on  the  juror  qualification form or interview with the prospective
 16    juror or other competent evidence whether: the prospective juror is  disquali-
 17    fied  for  jury service. The clerk shall enter this determination in the space
 18    provided on the juror qualification form and on the alphabetical list of names
 19    drawn from the master jury wheel.
 20        (2)  A prospective juror is disqualified to serve on a jury if he:
 21        (a)  The prospective juror is not a citizen of the United States, eighteen
 22        (18) years old, and a resident of the county;
 23        (b)  qualified to serve on a jury because he or she  is  unable  to  read,
 24        speak, and understand the English language; or
 25        (cb)  The  prospective  juror  is  incapable, by reason of his physical or
 26        mental disqualified from service on a jury because  of  a  disability,  of
 27        rendering which renders the prospective juror incapable of performing sat-
 28        isfactory  jury  service;  but a person claiming this disqualification may
 29        shall be required to submit a physician's certificate as to  the  disabil-
 30        ity,  and  the  certifying physician is subject to inquiry by the court at
 31        its discretion;.
 32        (d2)  The clerk or the jury commissioner shall determine on the  basis  of
 33    information  provided  on  the  juror qualification form or interview with the
 34    prospective juror or other competent evidence whether:
 35        (a)  The prospective juror is not qualified to serve on a jury because the
 36        person is not a citizen of the United States  of  America,  eighteen  (18)
 37        years of age, and a resident of the county; or
 38        (b)  The  prospective juror is disqualified from serving on a jury because
 39        the person has lost the right to vote because of a felony criminal convic-
 40        tion and has not had that right reinstated.; or
 41        (e)  is seventy (70) years of age or older and submits in writing a state-
 42        ment requesting that he be excused.
 43        (3)  The court shall provide that a  mother nursing her child  shall  have
 44    service postponed until she is no longer nursing the child.
 45        (4)  The court may require a person requesting a postponement for any med-
 46    ical reason to provide documentation from a medical care provider and the pro-
 47    vider is subject to inquiry by the court at its discretion.
                                                                        
 48        SECTION  5.  That  Section  2-210,  Idaho Code, be, and the same is hereby
 49    amended to read as follows:
                                                                        
 50        2-210.  NAMES PLACED IN QUALIFIED JURY WHEEL -- DRAWING PANELS  --  NOTICE
 51    TO  PERSONS  DRAWN  --  SUMMONING ADDITIONAL TRIAL JURORS -- NAMES DRAWN TO BE
                                                                        
                                           5
                                                                        
  1    PUBLIC -- EXCEPTION. (1) The jury commission shall maintain a  qualified  jury
  2    wheel and shall place therein the names or identifying numbers of all prospec-
  3    tive  jurors  drawn  from the master jury wheel who are not disqualified under
  4    section 2-209, Idaho Code.
  5        (2)  The court or any other state or county official having  authority  to
  6    conduct  a  trial or hearing with a jury within the county may direct the jury
  7    commission to draw and assign to that court or official the number  of  quali-
  8    fied  jurors he deems necessary for one (1) or more jury panels or as required
  9    by law for a grand jury. Upon receipt of the direction and in  a  manner  pre-
 10    scribed  by  the court, the jury commission shall publicly draw at random from
 11    the qualified jury wheel the number of qualified jurors specified. The  quali-
 12    fied jurors drawn for jury service shall be assigned at random by the clerk to
 13    each jury panel in a manner prescribed by the court.
 14        (3)  If  a  grand,  trial, or other jury is ordered to be drawn, the clerk
 15    thereafter shall cause each person drawn for jury service to be served with  a
 16    summons  either  personally  or  by first class mail or certified mail, return
 17    receipt requested, addressed to him at his usual residence, business, or post-
 18    office address, requiring him to report for jury service at a  specified  time
 19    and place.
 20        (4)  If there is an unanticipated shortage of available trial jurors drawn
 21    from  a  qualified  jury  wheel, the court may require the sheriff to summon a
 22    sufficient number of trial jurors selected at random by  the  clerk  from  the
 23    qualified jury wheel in a manner prescribed by the court.
 24        (5)  The names of qualified jurors drawn from the qualified jury wheel and
 25    the  contents  of  jury qualification forms completed by those jurors shall be
 26    made available to the public and shall be subject to disclosure  according  to
 27    chapter 3, title 9, Idaho Code at the discretion of the trial court.
                                                                        
 28        SECTION  6.  That  Section  2-212,  Idaho Code, be, and the same is hereby
 29    amended to read as follows:
                                                                        
 30        2-212.  EXCUSING FROM OR POSTPONING JURY SERVICE -- INQUIRY  BY  COURT  --
 31    GROUNDS  FOR  EXCUSING  OR  POSTPONING. (1) The court, or a member of the jury
 32    commission designated by the court, upon request of a prospective juror or  on
 33    its  own  initiative,  shall determine on the basis of information provided on
 34    the juror qualification form or interview with the prospective juror or  other
 35    competent  evidence  whether the prospective juror should be excused from jury
 36    service or have their jury service postponed. The clerk or  the  jury  commis-
 37    sioner shall enter this determination in the space provided on the juror qual-
 38    ification form.
 39        (2)  A  person who is seventy (70) years of age or older may be excused if
 40    the person submits in writing  a  statement  requesting  that  he  or  she  be
 41    excused.
 42        (3)  A  person  who  is  not  disqualified  for jury service under section
 43    2-209, Idaho Code, may be excused from have  jury  service  postponed  by  the
 44    court or a duly authorized court official appointed by the administrative dis-
 45    trict  judge,  the  jury  commissioner  only upon a showing of undue hardship,
 46    extreme inconvenience, or public necessity, for a period the court deems  nec-
 47    essary,  at the conclusion of which the person shall reappear for jury service
 48    in accordance with the court's direction or upon a showing that the juror is a
 49    mother breastfeeding her child.
 50        (a)  Any person requesting a postponement shall provide a sworn  statement
 51        setting forth the ground for the request and the anticipated date that the
 52        ground will no longer exist.
 53        (b)  The  court or the jury commissioner may require a person requesting a
                                                                        
                                           6
                                                                        
  1        postponement for any medical reason to provide a statement from a  medical
  2        provider supporting the request.
  3        (c)  The  postponement  shall  be for a period of time as the court or the
  4        jury commissioner deems necessary, at the conclusion of which  the  person
  5        shall  reappear  for  jury service in accordance with the direction of the
  6        court or the jury commissioner.
                                                                        
  7        SECTION 7.  That Section 2-216, Idaho Code, be, and  the  same  is  hereby
  8    amended to read as follows:
                                                                        
  9        2-216.  LIMITATION  ON  REQUIRED JURY SERVICE. In any two (2) year period,
 10    or a longer period not to exceed five (5) years, as determined by the adminis-
 11    trative judge of a judicial district, a person shall not be required:
 12        (1)  To serve or attend court for prospective service  as  a  trial  juror
 13    more  than  ten  (10) court days, except if necessary to complete service in a
 14    particular case;
 15        (2)  To be available for jury service for  a  period  to  exceed  six  (6)
 16    months; provided however, that the administrative district judge for the judi-
 17    cial district in which a county is located may by order specify a shorter term
 18    of required availability for jury service;
 19        (3)  To serve on more than one (1) grand jury; or
 20        (4)  To serve as both a grand and trial juror.
 21        Appearance  for  jury service, whether or not the roll is called, shall be
 22    credited toward required jury service. Appearance for jury service may include
 23    telephone standby as permitted by the administrative judge of the district.
                                                                        
 24        SECTION 8.  That Section 2-501, Idaho Code, be, and  the  same  is  hereby
 25    amended to read as follows:
                                                                        
 26        2-501.  GRAND JURY -- IMPANELING ON ORDER OF JUDGE. Grand juries shall not
 27    hereafter  be  drawn,  summoned  or  required to attend at the sittings of any
 28    court within the state, as provided by law, unless the district judge  thereof
 29    as  assigned  by the administrative judge shall so direct by order in writing.
 30    under his hand and The order shall be filed with the clerk of said  the  court
 31    and  a  copy of the order shall be delivered to the jury commission and prose-
 32    cuting attorney.
                                                                        
 33        SECTION 9.  That Section 19-1904, Idaho Code, be, and the same  is  hereby
 34    repealed.
                                                                        
 35        SECTION  10.  That  Chapter  19, Title 19, Idaho Code, be, and the same is
 36    hereby amended by the addition thereto of a NEW SECTION, to be known and  des-
 37    ignated as Section 19-1904, Idaho Code, and to read as follows:
                                                                        
 38        19-1904.  ADDITIONAL  JURORS. A court may direct that one (1) or more jur-
 39    ors in addition to the regular panel be called and impaneled to sit as  alter-
 40    nate jurors. All jurors shall be drawn in the same manner, shall have the same
 41    qualifications, shall be subject to the same examination and challenges, shall
 42    take the same oath, and shall have the same functions, powers, facilities, and
 43    privileges  prior  to  deliberations.  At the conclusion of closing arguments,
 44    jurors exceeding the number required of a regular panel shall  be  removed  by
 45    lot. Those removed by lot may be discharged after the jury retires to consider
 46    its  verdict.  If  more than one (1) additional juror is called, each party is
 47    entitled to two (2) peremptory  challenges  in  addition  to  those  otherwise
 48    allowed  by  law;  provided  however, that if only one (1) additional juror is
                                                                        
                                           7
                                                                        
  1    called, each party shall be entitled to one (1) peremptory challenge in  addi-
  2    tion to those otherwise provided by law.
                                                                        
  3        SECTION  11.  That Section 19-2126, Idaho Code, be, and the same is hereby
  4    amended to read as follows:
                                                                        
  5        19-2126.  CUSTODY OF JURY DURING TRIAL. The jury sworn to try  any  felony
  6    may,  at  any time during the trial, and after the submission of the cause, in
  7    the discretion of the court, be permitted to separate, or  they  may  be  kept
  8    together,  in the charge of a proper officer. Provided however, that in causes
  9    where the defendant has been charged with first degree murder,  the  jury  may
 10    not  be permitted to separate after submission of the cause. Before permitting
 11    the jury to separate after the cause has been submitted, the court shall  per-
 12    mit counsel to place objections, if any, on the record outside the presence of
 13    the  jury.  In  case the court orders the jury to be kept together the sheriff
 14    county must provide a suitable place for the board and lodging of the jury, at
 15    the expense of the county, and when first given custody of the jury the  offi-
 16    cer  or bailiff must be sworn to keep the jury together during each recess and
 17    adjournment during the trial; to suffer allow no person to speak to or  commu-
 18    nicate  with them, or either any of them, nor to do so himself, on any subject
 19    connected with the trial, and to return them into  court  as  ordered  by  the
 20    court.

Statement of Purpose / Fiscal Impact


                      STATEMENT OF PURPOSE

                            RS11648


This bill amends several sections of the Uniform Jury Selection and 
Service Act and other related provisions of law to make technical 
changes, and advancements in the Idaho jury system, including 
measures that will streamline jury selection and improve juror 
service.

In February of 1999, a Supreme Court Jury Committee comprised of 
judges, lawyers, jurors, clerks, and jury commissioners, was created 
to assess the state of the jury system in Idaho and recommend 
changes, including legislative changes, for any needed reforms or 
innovations that will improve jury operations in Idaho. This bill 
incorporates several recommendations of this committee for the 
overall improvement of juror service. These recommendations focus 
on out-of-court jury selection procedures, including a provision to 
give administrative judges discretion to extend the period of 
exclusion from jury service, and in-court juror selection and trial 
procedures, including a new procedure for selecting additional 
jurors in a protracted case.


                              FISCAL NOTE


This bill is not expected to have an impact on state or local funds 
other than a positive cost savings resulting from a streamlining of 
jury procedures.


Contact Person:
Representative Leon Smith
(208) 332-1000


Statement of Purpose/Fiscal Note		H 497