Bill Text: FL S2208 | 2010 | Regular Session | Introduced

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Bill Title: Management/Operation of Jury System/Circuit Court [SPSC]

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2010-04-30 - Died in Committee on Judiciary [S2208 Detail]

Download: Florida-2010-S2208-Introduced.html

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Florida Senate - 2010                                    SB 2208 
 
By Senator Constantine 
22-01287-10                                           20102208__ 
1                        A bill to be entitled 
2         An act relating to the management and operation of a 
3         jury system in a circuit court; amending s. 40.001, 
4         F.S.; authorizing the chief judge of a circuit court 
5         to assign certain duties to the court administrator 
6         which are otherwise assigned to the clerk of court by 
7         law; amending s. 40.02, F.S.; authorizing the chief 
8         judge of a circuit court to designate the court 
9         administrator to perform certain duties relating to 
10         the selection of jurors if funding is received from 
11         any source for that purpose; providing an effective 
12         date. 
13 
14  Be It Enacted by the Legislature of the State of Florida: 
15 
16         Section 1. Section 40.001, Florida Statutes, is amended to 
17  read: 
18         40.001 Chief judge; authority; duties.—The chief judge of 
19  each judicial circuit is vested with overall authority and 
20  responsibility for the management, operation, and oversight of 
21  the jury system within his or her circuit. Notwithstanding any 
22  law to the contrary, the chief judge may assign to the court 
23  administrator the duties specified in this chapter and chapter 
24  905 relating to the operation and management of the jury system. 
25  However, in accordance with this chapter and chapter 905, the 
26  clerk of the circuit court shall perform the duties has specific 
27  responsibilities regarding the processing of jurors, including, 
28  but not limited to, qualifications, summons, selection lists, 
29  reporting, and compensation of jurors, which are not assigned to 
30  the court administrator. The clerk of the circuit court may 
31  contract with the chief judge for the court’s assistance in the 
32  provision of services to process jurors. The chief judge may 
33  also designate to the clerk of the circuit court additional 
34  duties that are consistent with established uniform standards of 
35  jury management practices and that the Supreme Court may adopt 
36  by rule or issue through administrative order. 
37         Section 2. Section 40.02, Florida Statutes, is amended to 
38  read: 
39         40.02 Selection of jury lists.— 
40         (1) The chief judge of each circuit, or a circuit judge in 
41  each county within the circuit who is designated by the chief 
42  judge, shall request the selection of a jury list in each county 
43  within the circuit during the first week of January of each 
44  year, or as soon thereafter as practicable. The chief judge or 
45  the chief judge’s designee shall direct the clerk of the court 
46  to select at random a sufficient number of names, with their 
47  addresses, from the list of persons who are qualified to serve 
48  as jurors under the provisions of s. 40.01 and to generate a 
49  list of at least not fewer than 250 persons to serve as jurors, 
50  which list shall be signed and verified by the clerk of the 
51  court as having been selected as aforesaid. A circuit judge in a 
52  county to which he or she has been assigned may request 
53  additional jury lists as necessary to prevent the jury list from 
54  becoming exhausted. When the annual jury list is prepared 
55  pursuant to the request of a chief judge or the chief judge’s 
56  designee, the lists prepared the previous year shall be 
57  withdrawn from further use. If, notwithstanding this provision, 
58  some names are not withdrawn, such error or irregularity does 
59  shall not invalidate any subsequent proceeding or jury. The fact 
60  that any person so selected was had been on a former jury list 
61  or had served as a juror in any court at any time is shall not 
62  be grounds for challenge of such person as a juror. If any 
63  person so selected is shall be ascertained to be disqualified or 
64  incompetent to serve as a juror, such disqualification does 
65  shall not affect the legality of such list and is not or be 
66  cause to of challenge to the array of any jury chosen from such 
67  list, but any person ascertained to be disqualified to serve as 
68  a juror is shall be subject to challenge for cause, as defined 
69  by law. The lists, although they may be defective or irregular 
70  in form or other formal requirement, or in the number or 
71  qualification of the persons so named, shall be the lists from 
72  which the names of persons for jury service are to be drawn as 
73  prescribed by law. 
74         (2) The clerk of the court is shall be responsible for 
75  preserving the security of the jury lists. 
76         (3) The clerk of the court shall perform the duties set 
77  forth in this section and in ss. 40.221, 40.23, and 40.231 in 
78  counties having an approved, computerized jury selection system, 
79  the provisions of any special law or general law of local 
80  application to the contrary notwithstanding. However, the chief 
81  judge may designate the court administrator to perform these 
82  duties if funding is obtained from any source for this purpose 
83  the county provides funding to the court administrator to 
84  provide the personnel and other costs associated with jury 
85  services. 
86         Section 3. This act shall take effect July 1, 2010.