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H0245......................................................by STATE AFFAIRS
JURIES - Amends existing law relating to juries to revise definitions; to
remove a time limit applicable to jury commissioners; to revise provisions
applicable to master jury lists; to revise provisions applicable to the
updating of master jury lists; to revise provisions applicable to the
drawing of names from master jury lists; to provide for the serving of
summons; to provide for the mailing and completion of qualification
questionnaire forms; to increase the fine for failing to appear as directed
by the jury commission; to provide for confidentiality; to provide for the
manner in which a qualification questionnaire form may be completed and
returned; to set forth provisions applicable to disqualification; to revise
provisions applicable to the drawing of names from master jury lists; to
provide that no exemptions for any qualified prospective juror may be
granted; to provide that certain persons aged seventy years or older may be
permanently excused and reinstated; to provide that certain records and
papers shall be preserved for a minimum period of four years; and to
increase the penalty for evasion of jury service.
02/18 House intro - 1st rdg - to printing
02/21 Rpt prt - to Jud
03/02 Rpt out - rec d/p - to 2nd rdg
03/03 2nd rdg - to 3rd rdg
03/07 3rd rdg - PASSED - 65-2-3
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Bradford, Chadderdon,
Clark, Collins, Crow, Denney, Edmunson, Ellsworth, Eskridge,
Field(18), Field(23), Garrett, Hart, Harwood, Henbest, Henderson,
Jaquet, Jones, Kemp, LeFavour, Loertscher, Martinez, McGeachin,
McKague, Miller, Mitchell, Moyle, Nonini, Pasley-Stuart, Pence,
Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler,
Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30),
Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr.
Speaker
NAYS -- Mathews, Nielsen
Absent and excused -- Cannon, Deal, Lake
Floor Sponsor - Shirley
Title apvd - to Senate
03/08 Senate intro - 1st rdg - to Jud
03/14 Rpt out - rec d/p - to 2nd rdg
03/15 2nd rdg - to 3rd rdg
03/21 3rd rdg - PASSED - 31-0-3, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Compton, Corder, Darrington, Davis, Gannon,
Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little,
Lodge, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder,
Stegner, Stennett, Sweet, Williams
NAYS -- None
Absent and excused -- Coiner, Malepeai, Werk, (District 21 seat
vacant)
Floor Sponsor - Kelly
Title apvd - to House
03/22 To enrol
03/23 Rpt enrol - Sp signed
03/24 Pres signed - To Governor
03/28 Governor signed
Session Law Chapter 190
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 245
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO JURIES; AMENDING SECTION 2-204, IDAHO CODE, TO REVISE DEFINITIONS
3 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 2-205, IDAHO CODE, TO
4 REMOVE A TIME LIMIT APPLICABLE TO JURY COMMISSIONERS; AMENDING SECTION
5 2-206, IDAHO CODE, TO REVISE PROVISIONS APPLICABLE TO MASTER JURY LISTS
6 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 2-207, IDAHO CODE, TO
7 REVISE DESCRIPTIVE LANGUAGE AND TO REVISE PROVISIONS APPLICABLE TO THE
8 UPDATING OF MASTER JURY LISTS; AMENDING SECTION 2-208, IDAHO CODE, TO
9 REVISE DESCRIPTIVE LANGUAGE AND TO REVISE PROVISIONS APPLICABLE TO THE
10 DRAWING OF NAMES FROM MASTER JURY LISTS, TO PROVIDE FOR THE SERVING OF
11 SUMMONS, TO PROVIDE FOR THE MAILING AND COMPLETION OF QUALIFICATION QUES-
12 TIONNAIRE FORMS, TO PROVIDE CORRECT TERMINOLOGY, TO PROVIDE A CORRECT CODE
13 REFERENCE, TO INCREASE THE FINE FOR FAILING TO APPEAR AS DIRECTED BY THE
14 JURY COMMISSION, TO PROVIDE FOR CONFIDENTIALITY AND TO PROVIDE FOR THE
15 MANNERS IN WHICH A QUALIFICATION QUESTIONNAIRE FORM MAY BE COMPLETED AND
16 RETURNED; AMENDING SECTION 2-209, IDAHO CODE, TO PROVIDE A REFERENCE TO
17 ADMINISTRATIVE DISTRICT JUDGES AND THEIR DESIGNEES, TO REVISE TERMINOLOGY,
18 TO REFERENCE APPLICABLE LAW AND TO SET FORTH PROVISIONS APPLICABLE TO DIS-
19 QUALIFICATION; AMENDING SECTION 2-210, IDAHO CODE, TO REVISE DESCRIPTIVE
20 LANGUAGE, TO REVISE TERMINOLOGY, TO REVISE PROVISIONS APPLICABLE TO THE
21 DRAWING OF NAMES FROM MASTER JURY LISTS AND TO PROVIDE FOR THE COMPLETION
22 OF THE JUROR SUMMONS AND QUALIFICATION QUESTIONNAIRE FORM; AMENDING SEC-
23 TION 2-211, IDAHO CODE, TO PROVIDE THAT NO EXEMPTIONS FOR ANY QUALIFIED
24 PROSPECTIVE JUROR MAY BE GRANTED; AMENDING SECTION 2-212, IDAHO CODE, TO
25 REVISE TERMINOLOGY, TO PROVIDE FOR THE MAINTENANCE OF DETERMINATION
26 RECORDS, TO PROVIDE THAT CERTAIN PERSONS AGED SEVENTY YEARS OR OLDER MAY
27 BE PERMANENTLY EXCUSED AND REINSTATED, TO PROVIDE FOR A WRITTEN STATEMENT
28 SETTING FORTH THE REASON A PERSON IS REQUESTING A POSTPONEMENT AND THE
29 ANTICIPATED DATE THE REASON WILL NO LONGER EXIST AND TO REFERENCE POST-
30 PONEMENTS THAT ARE GRANTED; AMENDING SECTION 2-213, IDAHO CODE, TO MAKE
31 TECHNICAL CHANGES AND TO REVISE CODE REFERENCES; AMENDING SECTION 2-214,
32 IDAHO CODE, TO PROVIDE THAT CERTAIN RECORDS AND PAPERS SHALL BE PRESERVED
33 FOR A MINIMUM PERIOD OF FOUR YEARS; AND AMENDING SECTION 2-217, IDAHO
34 CODE, TO INCREASE THE PENALTY FOR EVASION OF JURY SERVICE.
35 Be It Enacted by the Legislature of the State of Idaho:
36 SECTION 1. That Section 2-204, Idaho Code, be, and the same is hereby
37 amended to read as follows:
38 2-204. DEFINITIONS. As used in this act chapter:
39 (1) "Court" means district courts of this state, including the magis-
40 trates division, and includes, when the context requires, any judge of the
41 court;
42 (2) "Clerk" and "clerk of the court" mean the duly elected and acting
43 clerk of the district court and ex officio auditor and recorder and duly
2
1 appointed deputies;
2 (3) "Master jury list" means the voter registration lists for the county
3 which shall be supplemented with names from other sources prescribed pursuant
4 to this act (section 2-206, Idaho Code), in order to foster the policy and
5 protect the rights secured by this act (sections 2-202 and 2-203, Idaho Code);
6 (4) "Voter registration lists" means the most current official records,
7 maintained by the county clerk, of persons registered to vote in any national,
8 state, county, or municipal election;
9 (5) "Jury wheel selection system" means any physical device or electronic
10 automated system for the storage management of the names or identifying num-
11 bers of prospective jurors;
12 (6) "Master jury wheel" means the jury wheel in which are placed names or
13 identifying numbers of prospective jurors taken from the master list (section
14 2-207, Idaho Code);
15 (7) "Qualified "Prospective jury wheel panel" means the jury wheel in
16 which are placed the list of names or identifying numbers of prospective jur-
17 ors whose names are drawn at random from the master jury wheel list pursuant
18 to (section 2-208, Idaho Code), and who are not disqualified pursuant to (sec-
19 tion 2-209, Idaho Code).
20 SECTION 2. That Section 2-205, Idaho Code, be, and the same is hereby
21 amended to read as follows:
22 2-205. JURY COMMISSIONS ESTABLISHED -- COMPOSITION -- QUALIFICATIONS OF
23 COMMISSIONERS -- EXPENSES AND COMPENSATION. A jury commission is established
24 in each county to manage the jury selection process under the supervision and
25 control of the court. The jury commission shall be composed of the clerk of
26 the district court and a jury commissioner appointed for a term of two (2)
27 years by the administrative judge. The jury commissioner shall serve until a
28 successor is appointed and qualifies. The jury commissioner must be a citizen
29 of the United States and a resident in the county in which the jury commis-
30 sioner serves. The jury commissioner may be reimbursed for travel, subsis-
31 tence, and other necessary expenses incurred in the performance of jury com-
32 mission duties and may receive compensation at a per diem rate fixed by the
33 administrative judge and payable from county funds, if not otherwise a county
34 employee.
35 SECTION 3. That Section 2-206, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 2-206. MASTER JURY LIST OF REGISTERED VOTERS -- SUPPLEMENTATION BY OTHER
38 LISTS DESIGNATED BY SUPREME COURT -- LIST AVAILABLE TO COMMISSION -- OPEN TO
39 PUBLIC INSPECTION. (1) The jury commission for each county shall compile and
40 maintain a master jury list consisting of all the current voter registration
41 lists for the county supplemented with names from other lists of persons resi-
42 dent therein, such as lists of utility customers, property taxpayers, motor
43 vehicle registrations, and drivers' licenses, and state identification cards,
44 which the supreme court from time to time designates. The supreme court shall
45 initially designate the other lists within ninety (90) days following the
46 effective date of this act and exercise the authority to designate from time
47 to time in order to foster the policy and protect the rights secured by sec-
48 tions 2-202 and 2-203, Idaho Code.
49 (2) In compiling the master jury list the jury commission shall avoid
50 duplication of names.
51 (23) Whoever has custody, possession, or control of any of the lists mak-
3
1 ing up or used in compiling the master jury list, including those designated
2 under subsection (1) of this section by the supreme court as supplementary
3 sources of names, shall make the list available to electronically transfer the
4 list, including any changes, deletions and additions, and at the request of
5 the jury commission, the custodian shall prepare a hard copy of the list and
6 make the custodian's records, from which the list was compiled, available for
7 inspection, reproduction, and copying at all reasonable times.
8 (34) The master jury list shall be open to the public for examination as
9 provided by supreme court rule.
10 SECTION 4. That Section 2-207, Idaho Code, be, and the same is hereby
11 amended to read as follows:
12 2-207. MASTER JURY WHEEL LIST -- MANNER OF SELECTING NAMES FOR UPDATING.
13 (1) The jury commission for each county shall maintain a master jury wheel,
14 into which the commission shall place the names or identifying numbers of pro-
15 spective jurors taken from the master list. If the total number of prospective
16 jurors on the master list is one thousand (1,000) or less, the names or iden-
17 tifying numbers of all of them shall be placed in the master jury wheel. In
18 all other cases, the number of prospective jurors to be placed in the master
19 jury wheel shall be one thousand (1,000) plus not less than one percent (1%)
20 of the total number of names on the master list. From Updated information from
21 the lists of voter registration, drivers' licenses, and state identification
22 cards, including any changes, deletions and additions, shall be made to the
23 master jury list from time to time a larger or additional number may be as
24 determined by the jury commission or as ordered by the administrative judge,
25 to be placed in the master jury wheel. In but at a minimum not less frequently
26 than December of each odd-numbered year, or more frequently as determined by
27 the administrative judge of a judicial district, the wheel shall be emptied
28 and refilled as prescribed in this act.
29 (2) Unless all the names on the master list are to be placed in the mas-
30 ter jury wheel pursuant to subsection (1) of this section, the names or iden-
31 tifying numbers of prospective jurors to be placed in the master jury wheel
32 shall be selected by the jury commission at random from the master list in the
33 following manner: the total number of names on the master list shall be
34 divided by the number of names to be placed in the master jury wheel; the
35 whole number nearest the quotient shall be the "key number," except that the
36 key number shall never be less than 2. A "starting number" for making the
37 selection shall then be determined by a random method from the numbers from 1
38 to the key number, both inclusive. The required number of the names shall then
39 be selected from the master list by taking in order the first name on the mas-
40 ter list corresponding to the starting number and then successively the names
41 appearing in the master list at intervals equal to the key number,
42 recommencing if necessary at the start of the list until the required number
43 of names has been selected. Upon recommencing at the start of the list, or if
44 additional names are subsequently to be selected for the master jury wheel,
45 names previously selected from the master list shall be disregarded in select-
46 ing the additional names. The jury commission may use an electronic or mechan-
47 ical system or device in carrying out its duties In the alternative, or in
48 addition to the procedure set forth in subsection (1) of this section, and if
49 ordered by the administrative judge, in December of each odd-numbered year, or
50 more frequently as determined by the administrative judge, the master jury
51 list shall be emptied and refilled as prescribed in section 2-206, Idaho Code.
52 SECTION 5. That Section 2-208, Idaho Code, be, and the same is hereby
4
1 amended to read as follows:
2 2-208. NAMES RANDOMLY DRAWN FROM MASTER JURY WHEEL LIST -- QUALIFICATION
3 QUESTIONNAIRE FORMS FOR PROSPECTIVE JURORS -- MAILING AND RETURN -- ORDER TO
4 APPEAR -- CRIMINAL CONTEMPT -- PENALTY FOR MISREPRESENTATION. (1) From time to
5 time and in a manner prescribed by the administrative judge the jury commis-
6 sion publicly shall draw at random from the master jury wheel the names or
7 identifying numbers of as many prospective jurors as the administrative judge
8 by order requires. The clerk or the jury commissioner shall prepare an alpha-
9 betical list of the names drawn The court or any other state or county offi-
10 cial having authority to conduct a trial or hearing with a jury within the
11 county may direct the jury commission to draw and assign to that court or
12 official the number of qualified jurors deemed necessary for one (1) or more
13 jury panels or as required by law for a grand jury. Upon receipt of the direc-
14 tion and in a manner prescribed by the court, the jury commission shall pub-
15 licly draw at random, by use of a manual, mechanical, or automated system,
16 from the master jury list the number of prospective jurors specified. Neither
17 the names drawn nor the list shall be disclosed to any person except upon spe-
18 cific order of the trial presiding judge.
19 (2) Each person on the prospective jury panel shall be served with a sum-
20 mons, issued by the clerk of the court or the jury commissioner. The summons
21 shall be served either personally, or by regular mail or certified mail,
22 addressed to the prospective juror at that person's usual residence, business
23 or post office address.
24 (3) The clerk or the jury commissioner shall mail to every prospective
25 juror whose name is drawn from the master jury wheel a juror a qualification
26 questionnaire form, accompanied by instructions, addressed to the prospective
27 jurors at their usual residence, business or post office address. The qualifi-
28 cation questionnaire form may be sent together with the summons in a single
29 mailing to a prospective juror. The qualification questionnaire form shall be
30 in a form prescribed by the supreme court. The qualification questionnaire
31 form accompanied by instructions to fill out must be completed and return the
32 form by mail returned to the clerk or the jury commissioner within ten (10)
33 days after its receipt from the date of mailing. The juror qualification ques-
34 tionnaire form shall be subject to approval by the administrative judge as to
35 matters of form and shall elicit the name, address of residence, and age of
36 the prospective juror and whether the prospective juror: (a) is a citizen of
37 the United States of America and a resident of the county, (b) is able to
38 read, speak and understand the English language, (c) has any disability
39 impairing his capacity to render satisfactory jury service, and (d) has lost
40 the right to vote serve on a jury because of a felony criminal conviction as
41 provided by section 3, article VI, of the constitution of the state of Idaho,
42 and who has not had that right been restored to the rights of citizenship pur-
43 suant to section 18-310, Idaho Code, or other applicable law. The juror quali-
44 fication questionnaire form shall contain the prospective juror's declaration
45 that his responses are true to the best of his knowledge and his acknowledg-
46 ment that a willful misrepresentation of a material fact may be punished as a
47 misdemeanor. Notarization of the juror completed qualification questionnaire
48 form shall not be required. If the prospective juror is unable to fill out
49 complete the form, another person may do it for him so on his or her behalf
50 and shall indicate that he such person has done so and the reason therefor. If
51 it appears there is an omission, ambiguity, or error in a returned form, the
52 clerk or the jury commissioner shall again send the form with instructions to
53 the prospective juror to make the necessary addition, clarification, or cor-
54 rection and to return the form to the jury commission within ten (10) days
5
1 after its second receipt mailing.
2 (24) Any prospective juror who fails to return a completed juror qualifi-
3 cation questionnaire form as instructed shall be directed by the jury commis-
4 sion to appear forthwith before the clerk or the jury commissioner to fill out
5 complete the juror qualification questionnaire form. At the time of his
6 appearance for jury service, or at the time of any interview before the court,
7 clerk, or the jury commissioner, any prospective juror may be required to fill
8 out complete another juror qualification questionnaire form in the presence of
9 the court, clerk, or the jury commissioner, at which time the prospective
10 juror may be questioned, but only with regard to his responses to questions
11 contained on the form and grounds for his excuse or disqualification. Any
12 information thus acquired by the court, clerk, or the jury commissioner shall
13 be noted on the juror qualification questionnaire form.
14 (35) A prospective juror who fails to appear as directed by the commis-
15 sion, pursuant to subsection (23) of this section shall be ordered by the
16 court to appear and show cause for his failure to appear as directed. If the
17 prospective juror fails to appear pursuant to the court's order or fails to
18 show good cause for his failure to appear as directed by the jury commission,
19 he is guilty of contempt and upon conviction may be fined not more than one
20 three hundred dollars ($1300) or imprisoned not more than three (3) days, or
21 both, and postponed to a new jury term prospective jury panel as set by the
22 presiding judge.
23 (46) Any person who willfully misrepresents a material fact on a juror
24 qualification questionnaire form for the purpose of avoiding or securing ser-
25 vice as a juror is guilty of a misdemeanor.
26 (7) The contents of the juror qualification questionnaire form shall be
27 confidential to the extent provided by rules of the Idaho supreme court.
28 (8) The clerk or the jury commissioner may provide an opportunity to a
29 prospective juror to complete and return the qualification questionnaire form
30 through electronic mail, facsimile transmission, or other reliable means of
31 communication prior to mailing the qualification questionnaire form to the
32 prospective juror. If the prospective juror completes and returns the qualifi-
33 cation questionnaire form in such manner, the qualification questionnaire form
34 need not be mailed to the prospective juror.
35 SECTION 6. That Section 2-209, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 2-209. DETERMINATION OF QUALIFICATION OF PROSPECTIVE JUROR -- QUALIFICA-
38 TIONS -- PHYSICIAN'S CERTIFICATE OF DISABILITY. (1) The court administrative
39 district judge or administrative district judge's designee, upon request of
40 the clerk or the jury commissioner or a prospective juror or on its own ini-
41 tiative, shall determine on the basis of information provided on the juror
42 qualification questionnaire form or interview with the prospective juror or
43 other competent evidence whether:
44 (a) The prospective juror is not qualified to serve on a jury because he
45 or she is unable to read, speak, and understand the English language; or
46 (b) The prospective juror is disqualified from service on a jury because
47 of a disability which renders the prospective juror incapable of perform-
48 ing satisfactory jury service.; but a A person claiming this disqualifica-
49 tion shall be required to submit a physician's certificate as to the dis-
50 ability, and the certifying physician is subject to inquiry by the court
51 at its discretion.
52 (2) The clerk or the jury commissioner shall determine on the basis of
53 information provided on the juror qualification questionnaire form or inter-
6
1 view with the prospective juror or other competent evidence whether:
2 (a) The prospective juror is not qualified to serve on a jury because the
3 person is not a citizen of the United States of America, eighteen (18)
4 years of age, and a resident of the county; or
5 (b) The prospective juror is disqualified from serving on a jury because
6 the person has lost the right to vote because of a felony criminal convic-
7 tion as provided by section 3, article VI, of the constitution of the
8 state of Idaho, and who has not had that right reinstated been restored to
9 the rights of citizenship pursuant to section 18-310, Idaho Code, or other
10 applicable law.
11 (3) A person who is disqualified from serving on a jury on the basis of
12 any of the grounds set forth in subsections (1) and (2) of this section shall
13 be excused from serving on a jury for a period of two (2) years following the
14 disqualification. The administrative district judge, or a district judge or
15 magistrate judge designated by the administrative district judge, may excuse a
16 person disqualified under subsection (1)(b) of this section for a period of
17 time greater than two (2) years, or may excuse such person permanently from
18 serving on a jury. An order excusing such a person permanently or for a period
19 of time greater than two (2) years shall be based upon a finding as to the
20 nature and duration of the disability, based upon the information provided in
21 the qualification questionnaire form, an interview with the prospective juror,
22 or other competent evidence.
23 SECTION 7. That Section 2-210, Idaho Code, be, and the same is hereby
24 amended to read as follows:
25 2-210. NAMES PLACED IN QUALIFIED PROSPECTIVE JURY WHEEL PANEL -- DRAWING
26 PANELS -- NOTICE TO PERSONS DRAWN -- SUMMONING ADDITIONAL TRIAL JURORS --
27 NAMES DRAWN TO BE PUBLIC -- EXCEPTION. (1) The jury commission shall maintain
28 a qualified prospective jury wheel panel and shall place therein the names or
29 identifying numbers of all prospective jurors drawn from the master jury wheel
30 list who are not disqualified under section 2-209, Idaho Code.
31 (2) The court or any other state or county official having authority to
32 conduct a trial or hearing with a jury within the county may direct the jury
33 commission to draw and assign to that court or official the number of quali-
34 fied jurors he deems necessary for one (1) or more jury panels or as required
35 by law for a grand jury. Upon receipt of the direction and in a manner pre-
36 scribed by the court, the jury commission shall publicly draw at random from
37 the qualified jury wheel the number of qualified jurors specified. The quali-
38 fied jurors drawn for jury service shall be assigned at random by the clerk to
39 each jury panel in a manner prescribed by the court.
40 (3) If a grand, trial, or other jury is ordered to be drawn, the clerk
41 thereafter shall cause each person drawn for jury service to be served with a
42 summons either personally or by first class mail or certified mail, return
43 receipt requested, addressed to him at his usual residence, business, or post-
44 office address, requiring him to report for jury service at a specified time
45 and place.
46 (4) If there is an unanticipated shortage of available trial jurors drawn
47 from a qualified prospective jury wheel panel, the court may require the sher-
48 iff to summon a sufficient number of trial jurors selected at random by the
49 clerk from the qualified master jury wheel list in a manner prescribed by the
50 court.
51 (5) The jurors whose names of qualified jurors are drawn from the quali-
52 fied master jury wheel and the contents of jury qualification forms completed
53 by those jurors shall be made available to the public at the discretion of the
7
1 trial court list shall be served with a summons and shall complete the quali-
2 fication questionnaire form in the manner prescribed in section 2-208, Idaho
3 Code.
4 SECTION 8. That Section 2-211, Idaho Code, be, and the same is hereby
5 amended to read as follows:
6 2-211. NO EXEMPTIONS. No exemptions for any qualified prospective juror
7 is exempt from jury service may be granted.
8 SECTION 9. That Section 2-212, Idaho Code, be, and the same is hereby
9 amended to read as follows:
10 2-212. EXCUSING OR POSTPONING JURY SERVICE -- INQUIRY BY COURT -- GROUNDS
11 FOR EXCUSING OR POSTPONING. (1) The court, or a member of the jury commission
12 designated by the court, upon request of a prospective juror or on its own
13 initiative, shall determine on the basis of information provided on the juror
14 qualification questionnaire form or interview with the prospective juror or
15 other competent evidence whether the prospective juror should be excused from
16 jury service or have their jury service postponed. The clerk or the jury com-
17 missioner shall enter this determination in the space provided on the juror
18 qualification form keep a record of this determination.
19 (2) A person who is seventy (70) years of age or older may shall be per-
20 manently excused if the person submits in writing a statement requesting indi-
21 cates on the qualification questionnaire form that he or she wishes to be
22 excused. A person who requests to be excused on this basis shall be reinstated
23 to the master jury list by submitting a written request asking to be rein-
24 stated for jury service.
25 (3) A person who is not disqualified for jury service under section
26 2-209, Idaho Code, may have jury service postponed by the court or the jury
27 commissioner only upon a showing of undue hardship, extreme inconvenience, or
28 public necessity, or upon a showing that the juror is a mother breastfeeding
29 her child.
30 (a) Any person requesting a postponement shall provide a sworn written
31 statement setting forth the ground reason for the request and the antici-
32 pated date that the ground reason will no longer exist.
33 (b) The court or the jury commissioner may require a person requesting a
34 postponement for any medical reason to provide a statement from a medical
35 provider supporting the request.
36 (c) The postponement, if granted, shall be for a period of time as the
37 court or the jury commissioner deems necessary, at the conclusion of which
38 the person shall reappear for jury service in accordance with the direc-
39 tion of the court or the jury commissioner.
40 SECTION 10. That Section 2-213, Idaho Code, be, and the same is hereby
41 amended to read as follows:
42 2-213. STAY OF PROCEEDINGS OR QUASHING INDICTMENT FOR IRREGULARITY IN
43 SELECTING JURY -- EVIDENCE IN SUPPORT OF MOTION -- REMEDIES EXCLUSIVE -- CON-
44 TENTS OF RECORDS NOT TO BE DISCLOSED. (1) Within seven (7) days after the
45 moving party discovered or by the exercise of diligence could have discovered
46 the grounds therefor, and in any event before the trial jury is sworn to try
47 the case, a party may move to stay the proceedings, and in a criminal case to
48 quash the indictment, or for other appropriate relief, on the ground of sub-
49 stantial failure to comply with this act chapter in selecting the grand or
8
1 trial jury.
2 (2) Upon motion filed under subsection (1) of this section containing a
3 sworn statement of facts which, if true, would constitute a substantial fail-
4 ure to comply with this act chapter, the moving party is entitled to present
5 in support of the motion the testimony of the jury commissioner or the clerk,
6 any relevant records and papers not public or otherwise available used by the
7 jury commissioner or the clerk, and any other relevant evidence. If the court
8 determines that in selecting either a grand jury or a trial jury there has
9 been a substantial failure to comply with this act chapter, the court shall
10 stay the proceedings pending the selection of the jury in conformity with this
11 act chapter, quash an indictment, or grant other appropriate relief.
12 (3) The procedures prescribed by this section are the exclusive means by
13 which a person accused of a crime, the state, or a party in a civil case may
14 challenge a jury on the ground that the jury was not selected in conformity
15 with this act chapter.
16 (4) The contents of any records or papers used by the jury commissioner
17 or the clerk in connection with the selection process and not made public
18 under subsection (3) of section 2-206(4), Idaho Code, and subsection (5) of
19 section 2-210, Idaho Code, shall not be disclosed, except in connection with
20 the preparation or presentation of a motion under subsection (1) of this sec-
21 tion, until after the master jury wheel has been emptied and refilled (section
22 2-207, Idaho Code) and all persons selected to serve as jurors before the mas-
23 ter jury wheel was emptied have been discharged. The parties in a case may
24 inspect, reproduce, and copy the records or papers at all reasonable times
25 during the preparation and pendency of a motion under subsection (1) of this
26 section.
27 SECTION 11. That Section 2-214, Idaho Code, be, and the same is hereby
28 amended to read as follows:
29 2-214. RETENTION PERIOD FOR PAPERS AND RECORDS. All records and papers
30 compiled and maintained by the jury commissioner or the clerk in connection
31 with selection and service of jurors shall be preserved by the clerk for two
32 (2) a minimum period of four (4) years after the master jury wheel used in
33 their selection is emptied and refilled (section 2-207, Idaho Code) and for
34 any longer period ordered by the court.
35 SECTION 12. That Section 2-217, Idaho Code, be, and the same is hereby
36 amended to read as follows:
37 2-217. PENALTY FOR EVASION OF JURY SERVICE. A person summoned for jury
38 service who fails to appear or to complete jury service as directed shall be
39 ordered by the court to appear forthwith and show cause for his failure to
40 comply with the summons. If he fails to show good cause for noncompliance with
41 the summons, he is guilty of criminal contempt and upon conviction may be
42 fined not more than one three hundred dollars ($1300) and imprisoned not more
43 than three (3) days, or both.
STATEMENT OF PURPOSE
RS 15008
This bill amends the Uniform Jury Selection and Service Act to
simplify and update the procedures for identifying and summoning
prospective jurors, and to make serving as a juror or prospective
juror more convenient.
Currently, each county must maintain a master list of names
compiled from voter registration lists and other sources. From this
list, names are drawn for a master jury wheel, which is emptied and
refilled at least every two years. The names of prospective jurors
are drawn from the master jury wheel.
This bill would eliminate the intermediate step of the master
jury wheel. Rather, each county will maintain a master jury list,
from which the names of prospective jurors will be randomly drawn.
The bill would also allow counties to simply update the master jury
list from time to time, but no less frequently than every two years,
by the transfer of information from voter registration lists and
other sources. Counties could continue to empty and refill their
lists every two years, but such emptying of the list would not be
required.
The bill would also permit counties to allow their prospective
jurors to complete and return their qualification questionnaires by
e-mail, fax or other reliable means of communication. Persons who
are disqualified from jury service would be excused from serving for
two years, or for a longer period or permanently if warranted by the
person's disability. Persons older than 70 years of age could be
permanently excused simply by indicating on the qualification
questionnaire that they wish to be permanently excused; such persons
could be reinstated to the master jury list upon their request. The
contents of the qualification questionnaire would be confidential to
the extent provided by Supreme Court rules.
The minimum period for retention of records relating to
selection and service of jurors would be extended to four years.
Also, the maximum fine for evading jury service would be increased
form $100 to $300.
FISCAL NOTE
This bill will have no impact on the general fund. By
simplifying and streamlining the jury selection process, the bill
should result in some savings to counties.
Contact:
Name: Patricia Tobias
Administrative Director of the Courts
Phone: (208) 334-2246
Statement of Purpose/Fiscal Note H 245