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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
|||| 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
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