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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 actchapter: 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 wheelselection system" means any physical device or electronic10 automated system for the storagemanagement 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 or13 identifying numbers of prospective jurors taken from the master list (section14 2-207, Idaho Code);15 (7) "Qualified"Prospective jury wheelpanel" means the jury wheel in16 which are placed thelist of names or identifying numbers of prospective jur- 17 ors whose names aredrawn at random from the master jury wheellist 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 yearsby 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 allthe current voter registration 41 list sfor 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, anddrivers' 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 orused 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 toelectronically 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 WHEELLIST -- MANNER OF SELECTING NAMES FORUPDATING. 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 prospective16 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. In18 all other cases, the number of prospective jurors to be placed in the master19 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. FromUpdated 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 beas 24 determined by the jury commission or as ordered by the administrative judge, 25 to be placed in the master jury wheel. Inbut at a minimum not less frequently 26 than December of each odd-numbered year , or more frequently as determined by27 the administrative judge of a judicial district, the wheel shall be emptied28 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 wheel32 shall be selected by the jury commission at random from the master list in the33 following manner: the total number of names on the master list shall be34 divided by the number of names to be placed in the master jury wheel; the35 whole number nearest the quotient shall be the "key number," except that the36 key number shall never be less than 2. A "starting number" for making the37 selection shall then be determined by a random method from the numbers from 138 to the key number, both inclusive. The required number of the names shall then39 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 names41 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 number43 of names has been selected. Upon recommencing at the start of the list, or if44 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 dutiesIn 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 WHEELLIST -- QUALIFICATION 3 QUESTIONNAIRE FORMS FOR PROSPECTIVE JURORS -- MAILING AND RETURN -- ORDER TO 4 APPEAR -- CRIMINAL CONTEMPT -- PENALTY FOR MISREPRESENTATION. (1) From time to5 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 or7 identifying numbers of as many prospective jurors as the administrative judge8 by order requires. The clerk or the jury commissioner shall prepare an alpha-9 betical list of the names drawnThe 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 trialpresiding 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 prospective25 juror whose name is drawn from the master jury wheel a jurora 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 outmust be completed and return the32 form by mailreturned to the clerk or the jury commissioner within ten (10) 33 days after its receiptfrom the date of mailing. The jurorqualification ques- 34 tionnaire form shall be subject to approval by the administrative judge as to35 matters of form and shallelicit 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 voteserve 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 rightbeen restored to the rights of citizenship pur- 43 suant to section 18-310, Idaho Code, or other applicable law. The jurorquali- 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 jurorcompleted qualification questionnaire 48 form shall not be required. If the prospective juror is unable to fill out49 complete the form, another person may do it for himso on his or her behalf 50 and shall indicate that hesuch 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 receiptmailing. 2 ( 24) Any prospective juror who fails to return a completed jurorqualifi- 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 out5 complete the jurorqualification questionnaire form. At the time of his 6 appearance for jury service, or at the time of anyinterview before the court, 7 clerk, or the jury commissioner, any prospective juror may be required to fill8 outcomplete another jurorqualification 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 jurorqualification 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 one20 three hundred dollars ($ 1300) or imprisoned not more than three (3) days, or 21 both, and postponed to a new jury termprospective jury panel as set by the 22 presiding judge. 23 ( 46) Any person who willfully misrepresents a material fact on a juror24 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 courtadministrative 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 juror42 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 aA 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 jurorqualification 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 because6 the person has lost the right to votebecause 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 reinstatedbeen 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 QUALIFIEDPROSPECTIVE JURY WHEELPANEL -- DRAWING26 PANELS -- NOTICE TO PERSONS DRAWN --SUMMONING ADDITIONAL TRIAL JURORS -- 27 NAMES DRAWN TO BE PUBLIC -- EXCEPTION. (1) The jury commission shall maintain 28 a qualifiedprospective jury wheelpanel and shall place therein the names or 29 identifying numbers of all prospective jurors drawn from the master jury wheel30 list who are not disqualified under section 2-209, Idaho Code. 31 (2) The court or any other state or county official having authority to32 conduct a trial or hearing with a jury within the county may direct the jury33 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 required35 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 from37 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 to39 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 clerk41 thereafter shall cause each person drawn for jury service to be served with a42 summons either personally or by first class mail or certified mail, return43 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 time45 and place.46 (4)If there is an unanticipated shortage of available trial jurors drawn 47 from a qualifiedprospective jury wheelpanel, 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 qualifiedmaster jury wheellist in a manner prescribed by the 50 court. 51 (5)The jurors whose names of qualified jurorsare drawn from the quali-52 fiedmaster jury wheel and the contents of jury qualification forms completed53 by those jurors shall be made available to the public at the discretion of the7 1 trial courtlist 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 servicemay 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 juror14 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 juror18 qualification formkeep a record of this determination. 19 (2) A person who is seventy (70) years of age or older mayshall be per- 20 manently excused if the person submits in writing a statement requestingindi- 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 swornwritten 31 statement setting forth the groundreason for the request and the antici- 32 pated date that the groundreason 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 actchapter 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 actchapter, 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 actchapter, the court shall 10 stay the proceedings pending the selection of the jury in conformity with this 11 actchapter, 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 actchapter. 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) ofsection 2-206(4), Idaho Code, and subsection (5) of19 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 (section22 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 two32 (2)a minimum period of four (4) years after the master jury wheel used in33 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 onethree 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