Bill Text: MS SB2135 | 2010 | Regular Session | Engrossed

Mississippi Senate Bill 2135 (Prior Session Legislation)

Bill Title: Jurors; may be drawn from entire circuit court district for trials conducted in circuit court.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-03-02 - Died In Committee [SB2135 Detail]

Download: Mississippi-2010-SB2135-Engrossed.html

MISSISSIPPI LEGISLATURE

2010 Regular Session

To: Judiciary, Division A

By: Senator(s) Chassaniol

Senate Bill 2135

(As Passed the Senate)

AN ACT TO AMEND SECTIONS 13-5-2 AND 13-5-26, MISSISSIPPI CODE OF 1972, TO PROVIDE THAT THE MASTER LIST OF POTENTIAL JURORS MAY BE DRAWN FROM ENTIRE CIRCUIT COURT DISTRICT FOR TRIALS CONDUCTED IN CIRCUIT COURT; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 13-5-2, Mississippi Code of 1972, is amended as follows:

13-5-2. It is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, or, if applicable, from the entire circuit court district, and that all qualified citizens have the opportunity in accordance with this chapter to be considered for jury service in this state and an obligation to serve as jurors when summoned for that purpose. A citizen shall not be excluded from jury service in this state on account of race, color, religion, sex, national origin, or economic status.

SECTION 2. Section 13-5-26, Mississippi Code of 1972, is amended as follows:

13-5-26. (1) The circuit clerk shall maintain a jury box and shall place therein the names or identifying numbers of all prospective jurors drawn from the jury wheel.

(2) A judge or any court or any other state or county official having authority to conduct a trial or hearing with a jury within the county may direct the circuit clerk to draw and assign to that court or official the number of jurors he deems necessary for one or more jury panels or as required by law for a grand jury, except as otherwise provided by subsection (3) of this section. Upon receipt of the direction, and in a manner prescribed by the court, the circuit clerk shall publicly draw at random from the jury box the number of jurors specified.

(3) The court may order that the drawing and assigning of jurors pursuant to subsection (2) of this section may be performed by random selection of a computer or electronic device pursuant to such rules and regulations as may be prescribed by the court. The jurors drawn for jury service shall be assigned at random by the clerk to each jury panel in a manner prescribed by the court.

(4) (a) The senior circuit judge by order duly spread on the minutes of the court of each county comprising the circuit court district may order the jury commission of each county comprising the circuit court district to meet as provided in paragraph (b) to compile a district-wide master list of potential jurors. The number of names to be placed in the jury wheel from each contributing county shall be proportional to the relationship of the population of each county to the population of the district as a whole. In any circuit court district in which the senior judge has entered an order under this subsection, the jury for the trial subject to the judge's order shall be drawn by the circuit clerk from the district-wide master list compiled pursuant to the authority of this subsection, applying by analogy insofar as possible the requirements of this chapter as they relate to the selection of potential jurors. Any juror or potential juror so summoned to be and appear outside his county of residence shall be obliged to fulfill the obligation as if summoned by the circuit clerk of the county in which he lives; provided, however, a prospective juror so summoned who lives thirty-five (35) or more miles from the courthouse shall be excused if the potential juror so requests.

(b) The provisions of this subsection shall apply only to the potential selection of a jury for the trial of a case, whether civil or criminal, that has been subject to at least three (3) of the following circumstances, in any combination:

(i) A previous trial;

(ii) A previous mistrial;

(iii) An unsuccessful attempt by the court to impanel an impartial jury.

SECTION 3. This act shall take effect and be in force from and after July 1, 2010.