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.