Bill Text: MI SB1175 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Courts: juries; local jury boards; eliminate, and create a centralized jury process. Amends secs. 1301a, 1304a, 1326, 1332, 1345 & 1346 of 1961 PA 236 (MCL 600.1301a et seq.); adds sec. 1306 & 1307 & repeals secs. 1301, 1301b, 1302, 1303, 1303a, 1304, 1305, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324, 1327, 1330, 1331, 1338, 1339, 1341, 1342, 1353, 1375, & 1376 of 1961 PA 236 (MCL 600.1301 et seq.) & repeals 1929 PA 288 (MCL 730.251 - 730.271) & repeals 1951 PA 179 (MCL 730.401 - 730.419).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2022-09-20 - Referred To Committee On Judiciary And Public Safety [SB1175 Detail]
Download: Michigan-2021-SB1175-Introduced.html
SENATE BILL NO. 1175
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 1301a, 1304a, 1326, 1332, 1345, and 1346 (MCL 600.1301a, 600.1304a, 600.1326, 600.1332, 600.1345, and 600.1346), as amended by 2004 PA 12, and by adding sections 1306 and 1307; and to repeal acts and parts of acts.
the people of the state of michigan enact:
Sec. 1301a. (1) Except as provided in subsection (2), this This chapter governs the selection of juries in the following courts:
(a) Circuit court.
(b) Probate court.
(c) District court.
(d) Municipal court.
(2) Sections 1310, 1311, 1312, 1321(1), 1322, 1323, 1330, 1338, and 1343 do not apply to a court that adopts a method of jury selection described in section 1371.Only circuit courts shall determine the qualifications of jurors in each county through the circuit court administrator or the clerk of the circuit court, as designated by the chief judge.
Sec. 1304a. (1) The Until September 30, 2023, the jury board may use electronic and mechanical devices in carrying out its duties under this chapter. Beginning October 1, 2023, a court or clerk of the court may use a computerized, electronic, and mechanical process within a jury management software or other software in carrying out its duties under this chapter.
(2) The Until September 30, 2023, the jury board may use the historic method of preparing separate slips of paper for the second jury list and drawing slips from a jury board box to determine a panel or array of jurors. Beginning October 1, 2023, the circuit court administrator or clerk of the circuit court may use the historic manual method of preparing separate slips of paper for the second jury list and drawing slips from a container to determine the jurors to send the juror qualifications questionnaire to or the jurors to summon.
Sec. 1306. (1) The supreme court shall promulgate rules to implement this section, including, but not limited to, providing consistent policies, practices, and procedures relating to the provision of jury pool lists.
(2) The state court administrative office shall create and implement a jury selection program in accordance with this chapter and court rules.
(3) The state court administrative office shall compile a first jury list of individuals who reside in each jurisdiction to serve as potential jurors under this chapter from the driver license and personal identification cardholder list of names received from the secretary of state.
(4) Each year before April 15, the secretary of state shall transmit to the state court administrative office at no cost a randomized full, current, and accurate copy of a list that combines the driver license list and personal identification cardholder list of the name, address, gender, race, ethnicity, and date of birth of individuals residing in each jurisdiction. Upon request, the secretary of state shall furnish additional lists to any federal, state, or local governmental agency, other than the clerk of each county, for the purpose of jury selection. An agency that requests and receives a list shall reimburse the secretary of state for actual costs incurred in the preparation and transmittal of the list and all reimbursements must be deposited in the state general fund. If an agency uses electronic or mechanical devices to carry out its duties, the agency may request and receive a copy of the combined driver license and personal identification cardholder list on any electronically produced medium as required by the secretary of state. The secretary of state shall create and use standard size, format, and content of media utilized specifications to transmit information used for jury selection.
(5) The state court administrative office shall electronically transmit the first jury list to the clerk of the court of record.
(6) The state court administrative office shall repeat the first jury list process under this section as necessary if additional jurors are required.
(7) The state court administrative office shall create a standard juror qualifications questionnaire to be used by either the circuit court administrator or the clerk of the circuit court. The standard juror qualifications questionnaire must contain blanks for the information the state court administrative office desires concerning qualifications for, and exemptions from, jury service.
Sec. 1307. (1) The circuit court administrator or the clerk of the circuit court shall receive the first jury list provided by the state court administrative office under section 1306 and remove from the list any individuals who served as a petit or grand juror in that jurisdiction within the last year. If the names are not to be immediately used, the names must be protected or sealed and remain in the custody of the circuit court administrator or the clerk of the circuit court until additional names are needed or until ordered to be released by the chief judge.
(2) On or before May 1, the chief judge of the circuit court shall receive from the chief judge of each court of record in the circuit an estimate of the number of jurors that will be needed by the court for a 1-year period beginning September 1 of that year. This estimate must be submitted in writing and delivered to the circuit court administrator or the clerk of the circuit court, as designated by the chief judge.
(3) The circuit court administrator or the clerk of the circuit court shall randomly select individuals from the first jury list. The circuit court administrator or the clerk of the circuit court shall mail the standard juror qualifications questionnaire created in section 1306 to individuals selected as needed to ensure sufficient potential jurors in accordance with subsection (2). If the trial court determines that a supplemental juror qualifications questionnaire is necessary, the circuit court administrator or the clerk of the circuit court may include the supplemental juror qualifications questionnaire in the mail sent to the selected individuals. The individual must fully complete and return any questionnaire that was sent under this subsection to the circuit court administrator or the clerk of the circuit court within 10 days after it is received. All juror qualifications questionnaires must be kept on file by the clerk of the court for a period of 3 years, but the chief circuit judge may order the juror qualifications questionnaires to be kept on file for a longer period.
(4) The circuit court administrator or the clerk of the circuit court shall provide annual reports to the state court administrative office as required by the supreme court. The state court administrative office shall develop and adopt rules regarding the contents of the annual reports and determining access to the annual reports data for research and litigation purposes. In addition to the information required for the annual reports, the circuit court administrator or the clerk of the circuit court of record shall collect and record of all of the following information:
(a) The name, sex, race, ethnicity, and religion of an individual who is selected and summoned from the first jury list.
(b) The name of an individual who does not return the juror qualifications questionnaire.
(c) The name of an individual who is disqualified from jury service based on the individual's juror qualifications questionnaire responses.
(d) The name of an individual examined under subsection (6) and a record of the individual's qualifications to serve as a juror.
(e) The name of an individual excused from service under subsection (7).
(f) For an individual examined on a jury panel, all of the following, if applicable:
(i) The case name and number.
(ii) The name of an individual removed from a jury panel for cause by a judge.
(iii) The name of an individual removed from a jury panel by peremptory challenge.
(iv) If a party challenged the validity of an individual's removal from the jury by peremptory challenge.
(g) The name of each individual who was selected to serve on the jury or as an alternate juror.
(5) On the basis of the answers to the juror qualifications questionnaire, the circuit court administrator or the clerk of the circuit court may excuse from service an individual on the first jury list who claims exemption and gives satisfactory proof of the right and any individual who is not qualified for jury service. The circuit court administrator or the clerk of the circuit court may investigate the accuracy of the answers to a juror qualifications questionnaire and may call on law enforcement agencies for assistance in the investigation.
(6) The chief circuit judge, or the clerk of the court, may require any individual on the first jury list to appear before the circuit court at a specified time, for the purpose of testifying under oath or affirmation concerning the individual's qualifications to serve as a juror, in addition to completing the juror qualifications questionnaire. Notice must be given, personally or by mail, to an individual not less than 7 days before the individual is required to appear before the circuit court. The circuit court shall hold evening sessions as necessary for examining prospective jurors who are unable to attend at other times. The clerk of the court may administer an oath or affirmation in relation to the examination of any matter embraced in this chapter.
(7) If a prospective juror without legal disqualification or exemption applies to the clerk of a court of record to be excused from jury service, the clerk may, with the written approval of the chief circuit judge, excuse the prospective juror if it appears that the interests of the public or of the prospective juror will be materially injured by the prospective juror's attendance or if the health of the prospective juror or that of a member of the prospective juror's family requires the prospective juror's absence from court.
(8) If an individual who was selected for jury service is deceased, the name of that individual must be removed from the first jury list and that fact may be forwarded to the local clerk.
(9) The trial judge, in the trial judge's discretion, may grant a deferral of jury service to an individual if the individual claims that serving on the date the individual is called creates a hardship. If the trial judge grants a deferral, the individual must be rescheduled by the court to serve on a future date. The circuit court administrator or clerk of the court may also reschedule a prospective juror with written permission of the chief judge.
(10) Upon the order of the chief circuit judge, jury panels or parts of jury panels selected for any court in the county may be used for jury selection in any court of record in the county, if jurors on the panel or part of a panel selected are otherwise eligible to serve as jurors in the particular court.
(11) The circuit court administrator or clerk of the circuit court shall make an additional list consisting of the names of prospective jurors segregated by the geographical area of the jurisdiction of each district court district and transmit the list to the district court.
(12) If a city located in more than 1 county is placed entirely within a single district of the district court pursuant to chapter 81, the supreme court by rule shall specify the procedure for compiling the jury list for that district court district so as to include the names and addresses of residents from the parts of the counties that comprise that district.
(13) The judges of each circuit court may establish rules, not inconsistent with this chapter, necessary to carry out and ensure the proper selection of jurors.
Sec. 1326. (1) If Until September 30, 2023, if a grand jury is ordered by the court, or required by statute, the board shall select the names of a sufficient number of persons, individuals, as determined by the chief circuit judge, to serve as grand jurors in accordance with the provisions of section 11 of chapter VII of the code of criminal procedure, 1927 PA 175, MCL 767.11. The names shall must be selected in the same manner and from the same source as petit jurors. The term of service of grand jurors shall be as is prescribed by under section 7a of chapter VII of the code of criminal procedure, 1927 PA 175, MCL 767.7a.
(2) Beginning October 1, 2023, if a grand jury is ordered by the court, or required by statute, the trial court shall select the names of a sufficient number of individuals to serve as grand jurors in accordance with the provisions of section 11 of chapter VII of the code of criminal procedure, 1927 PA 175, MCL 767.11. The names must be selected in the same manner and from the same source as petit jurors. The term of service of grand jurors shall be as is prescribed under section 7a of chapter VII of the code of criminal procedure, 1927 PA 175, MCL 767.7a.
Sec. 1332. (1) The Until September 30, 2023, the clerk, jury board, or sheriff shall summon jurors for court attendance at such those times and in such the manner as directed by the chief judge or by the judge to whom the action in which jurors are being called for service is assigned. For a juror's first required court appearance, service shall must be by a written notice addressed to the juror at the juror's place of residence as shown by the records of the board. , which The notice for a juror's first required court appearance may be by ordinary mail or by personal service. For subsequent service notice may be in any manner directed by the judge. The officer giving notice to jurors shall keep a record of the service of the notice and shall make a return if directed by the court. The return shall be is presumptive evidence of the fact of service.
(2) Beginning October 1, 2023, the circuit court administrator, the clerk of the circuit court, or the sheriff shall summon jurors for attendance at those times and in the manner as directed by the chief judge or by the judge to whom the action in which jurors are being called for service is assigned. For a juror's first required court appearance, service must be by a written notice addressed to the juror at the juror's place of residence as shown by the records of the court. The notice for a juror's first required court appearance may be by ordinary mail or by personal service. For subsequent service notice may be in any manner directed by the judge. The person or officer giving notice to jurors shall keep a record of the service of the notice and make a return if directed by the court. The return is presumptive evidence of the fact of service. The circuit court administrator or the clerk of the circuit court shall, within 14 days, notify a juror in writing by ordinary mail or electronic communication if the juror is excused.
Sec. 1345. (1) A Until September 30, 2023, a board member shall report to the prosecuting attorney and the chief circuit judge the name of any person individual who in any manner seeks by request, hint, or suggestion to influence the board or its members in the selection of any juror.
(2) Beginning October 1, 2023, the clerk of the court of record shall report to the prosecuting attorney and the chief circuit judge the name of any individual who in any manner seeks by request, hint, or suggestion to influence the selection of a juror.
Sec. 1346. The following acts are punishable by the circuit court as contempts of court:
(a) Failing to answer the questionnaire provided for in former section 1313.
(b) Failing Until September 30, 2023, failing to appear before the board or a member of the board, without being excused at the time and place notified to appear. After October 1, 2023, failing to appear before the circuit court that sent the juror qualifications questionnaire.
(c) Refusing to take an oath or affirmation.
(d) Refusing Before September 30, 2023, refusing to answer questions pertaining to his or her the individual's qualifications as a juror, when asked by a member of the board. After October 1, 2023, refusing to answer questions pertaining to the individual's qualifications as a juror when asked by the circuit court.
(e) Failing to attend court, without being excused, at the time specified in the notice, or from day to day, when summoned as a juror.
(f) Giving a false certificate, making a false representation, or refusing to give information that he or she the individual can give affecting the liability or qualification of a person an individual other than himself or herself the individual to serve as a juror.
(g) Offering, promising, paying, or giving money or anything of value to, or taking money or anything of value from, a person, firm, or corporation for the purpose of enabling himself or herself the individual or another person individual to evade service or to be wrongfully discharged, exempted, or excused from service as a juror.
(h) Tampering unlawfully in any manner with a jury list or the jury selection process.
(i) Willfully doing or omitting failing to do an act with the design to subvert the purpose of this act.
(j) Willfully omitting to put on from the jury list the name of a person an individual qualified and liable for jury duty.
(k) Willfully omitting failing to prepare or file a list or slip.
(l) Doing or omitting failing to do an act with the design to prevent the name of a person an individual qualified and liable to serve as a juror from being placed on a jury list or from being selected for service as a juror.
(m) Willfully placing the name of a person upon an individual on a list who is not qualified as a juror.
Enacting section 1. Sections 1301, 1301b, 1302, 1303, 1303a, 1304, 1305, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1318, 1319, 1320, 1321, 1322, 1323, 1324, 1327, 1330, 1331, 1338, 1339, 1341, 1342, 1353, 1375, and 1376 of the revised judicature act of 1961, 1961 PA 236, MCL 600.1301, 600.1301b, 600.1302, 600.1303, 600.1303a, 600.1304, 600.1305, 600.1308, 600.1309, 600.1310, 600.1311, 600.1312, 600.1313, 600.1314, 600.1315, 600.1316, 600.1317, 600.1318, 600.1319, 600.1320, 600.1321, 600.1322, 600.1323, 600.1324, 600.1327, 600.1330, 600.1331, 600.1338, 600.1339, 600.1341, 600.1342, 600.1353, 600.1375, and 600.1376, are repealed.
Enacting section 2. 1929 PA 288, MCL 730.251 to 730.271, is repealed.
Enacting section 3. 1951 PA 179, MCL 730.401 to 730.419, is repealed.
Enacting section 4. This amendatory act takes effect October 1, 2023.
