Bill Text: MI HB5478 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Courts; juries; jury pool selection process; revise. Amends secs. 1304, 1312, 1321 & 1344 of 1961 PA 236 (MCL 600.1304 et seq.) & adds secs. 1301c, 1310a & 1310b. TIE BAR WITH: HB 5477'09

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2009-09-29 - Printed Bill Filed 09/28/2009 [HB5478 Detail]

Download: Michigan-2009-HB5478-Introduced.html

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HOUSE BILL No. 5478

 

September 25, 2009, Introduced by Reps. Cushingberry, Johnson and Nathan and referred to the Committee on Judiciary.

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 1304, 1312, 1321, and 1344 (MCL 600.1304,

 

600.1312, 600.1321, and 600.1344), sections 1304 and 1321 as

 

amended by 2004 PA 12, section 1312 as amended by 2005 PA 6, and

 

section 1344 as amended by 2002 PA 739, and by adding sections

 

1301c, 1310a, and 1310b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1301c. (1) The circuit court shall oversee the operations

 

of the jury board in each county.

 

     (2) The jury board in each county shall not enter into any

 

contract for equipment or services without the prior approval of

 

the circuit court.

 

     (3) The jury board in each county shall report annually to the

 

circuit court on the geographical diversity of juries selected in

 

that county during the preceding 12 months.

 

     Sec. 1304. The jury board shall select the names of persons as

 

provided in this chapter to serve as jurors from a list that

 

combines the driver's license list, and the personal identification

 

cardholder list, the names of persons as provided in this chapter

 

to serve as jurors current voter registration lists or books, and a

 

list of individuals who filed a state income tax return.

 

     Sec. 1310a. (1) Between April 15 and May 1 of each year, the

 

township or city clerk shall deliver to the county clerk a full,

 

current, and accurate list of the names and addresses of current

 

registered voters. If electronic or mechanical devices are used by

 

the township, village, or city clerks to carry out their duties,

 

the county clerk may request and receive a copy of the list of

 

current registered voters on any electronically produced medium

 

under specifications prescribed by the county clerk.

 

     (2) The board shall secure from the county clerk, and the

 

county clerk shall provide, copies of the current voter

 

registration lists for each precinct in the county, with voters

 

grouped either by precinct or by city, township, or village, as

 

they may be provided.

 

     (3) If electronic or mechanical devices are used by the

 

township, city, or village clerks to carry out their duties, the

 

board, instead of receiving a list from the county clerk of current

 

registered voters, may order the clerks to provide only the names

 

and addresses selected by applying the key number and starting

 

number designated by the board.

 

     Sec. 1310b. (1) Between April 15 and May 1 of each year, the

 

state treasurer shall transmit annually to the clerk of each county

 

at no expense a full, current, and accurate copy of a list of the

 

names and addresses of all individuals residing in that county who

 

filed a state income tax return for the preceding calendar year. At

 

the request of the board before March 1, the state treasurer shall

 

transmit only a list consisting of the names and addresses of those

 

persons selected at random, based on the total number of jurors

 

required as submitted to the state treasurer by the board, using

 

electronic or other mechanical devices.

 

     (2) If a county uses electronic or mechanical devices to carry

 

out its duties, the county may request and receive a copy of the

 

list described in subsection (1) on any electronically produced

 

medium under specifications prescribed by the state treasurer. The

 

state treasurer shall establish specifications standardizing the

 

size, format, and content of media utilized to transmit information

 

used for jury selection.

 

     Sec. 1312. The board shall apply the key number uniformly to

 

the names on the list received pursuant to section sections 1310,

 

1310a, and 1310b and compile a list or card index, to be known as

 

the first jury list, which shall include every name and only those

 

names as the application of the key number has designated. The

 

board shall do this as follows:

 

     (a) Select by a random method a starting number between 0 and

 

the key number.

 

     (b) Count down the list the number of names to reach the

 

starting number. That name shall be placed on the first jury list.

 

     (c) Continue from that name counting down the list, beginning

 

to count again with the number 1, until the key number is reached.

 

That name shall be placed on the first jury list.

 

     (d) Repeat the process provided in subdivision (c) until the

 

whole list has been counted and the names placed on the first jury

 

list.

 

     (e) The board shall then remove from the first jury list the

 

name of any person who its records show served, pursuant to the

 

provisions of this chapter, as a petit or grand juror in any court

 

of record in the county at any time in the preceding 1 year.

 

     (f) The board, with the approval of the chief circuit judge,

 

may remove from the first jury list the name of any person who has

 

been convicted of a felony and is therefore disqualified from

 

serving as a juror pursuant to section 1307a(1)(e).

 

     (g) The board shall continue to reorder the first jury list to

 

the extent necessary to ensure that names of persons residing in

 

each postal zip code within the county will be represented in jury

 

pools selected in that county in proportion to that postal zip

 

code's percentage of the county's total population, as reflected in

 

the most recent federal decennial census.

 

     Sec. 1321. (1) The names of those persons on the first jury

 

list whom the board accepts as persons qualified for and not exempt

 

from jury service shall be compiled into a list to be known as the

 

second jury list. The list shall remain sealed until otherwise

 

ordered by the chief circuit judge.

 

     (2) The board shall make an additional list consisting of the

 

names on the second jury list segregated by the geographical area

 

of the jurisdiction of each district court district. If there are

 

not sufficient names on the segregated list for any district court

 

district, the board shall apply again the key number to that

 

district only and obtain as many additional jurors as needed for

 

that district.

 

     (3) After completing the operation required under subsection

 

(2), the board shall make an additional list consisting of the

 

names on the list compiled under subsection (2), segregated by

 

geographical areas within the county. If there is not sufficient

 

geographical diversity within the segregated list, the board again

 

shall apply the key number to any underrepresented geographical

 

area and obtain as many additional jurors needed to ensure

 

geographical diversity. As used in this subsection, "geographical

 

diversity" means the proportional representation of the population

 

of each postal zip code within the county as a percentage of the

 

total population of the county, as reflected in the most recent

 

federal decennial census.

 

     Sec. 1344. (1) A juror shall be reimbursed for his or her

 

traveling expenses at a rate, determined by the county board of

 

commissioners, that is not less than 10 22 cents per mile for

 

traveling from the juror's residence to the place of holding court

 

and returning for each day or 1/2 day of actual attendance at

 

sessions of the court.

 

     (2) A juror also shall be compensated at a rate, determined by

 

the county board of commissioners, as follows:

 

     (a) Until October 1, 2003, not less than $15.00 per day and

 

$7.50 per 1/2 day of actual attendance at the court.

 

     (b) Beginning October 1, 2003, a rate determined as follows:

 

     (a) (i) For the first day or 1/2 day of actual attendance at

 

the court, not less than $25.00 per day and $12.50 per 1/2 day.

 

     (b) (ii) For each subsequent day or 1/2 day of actual

 

attendance at the court, not less than $40.00 per day and $20.00

 

per 1/2 day.

 

     (3) If an action is removed from the circuit court to a lower

 

court, the jury fee shall be paid to the circuit court whether paid

 

before or after removal of the action to the lower court, and the

 

circuit court shall be responsible for payment of the compensation

 

to the juror involved.

 

     (4) A clerk or deputy clerk of the court who fraudulently

 

issues a certificate of attendance of a juror on which the juror

 

receives pay, except as allowed by law, is guilty of a misdemeanor,

 

punishable by imprisonment for not more than 6 months, or a fine of

 

not more than $500.00, or both.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5477(request no.

 

01447'09 a) of the 95th Legislature is enacted into law.