Bill Text: MI HB5689 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Courts: juries; local jury boards; eliminate, and create a centralized jury process. Amends secs. 857, 1301a, 1304a, 1307a, 1326, 1332, 1334, 1343, 1344, 1345, 1346, 1371 & 1372 of 1961 PA 236 (MCL 600.857 et seq.); adds secs. 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, 1328, 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 16-0)
Status: (Introduced) 2024-04-30 - Bill Electronically Reproduced 04/25/2024 [HB5689 Detail]
Download: Michigan-2023-HB5689-Introduced.html
HOUSE BILL NO. 5689
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 857, 1301a, 1304a, 1307a, 1326, 1332, 1334, 1343, 1344, 1345, 1346, 1371, and 1372 (MCL 600.857, 600.1301a, 600.1304a, 600.1307a, 600.1326, 600.1332, 600.1334, 600.1343, 600.1344, 600.1345, 600.1346, 600.1371, and 600.1372), sections 1301a, 1304a, 1326, 1332, 1334, 1343, 1345, 1346, and 1372 as amended by 2004 PA 12, section 1307a as amended by 2023 PA 308, section 1344 as amended by 2017 PA 51, and by adding sections 1306 and 1307; and to repeal acts and parts of acts.
the people of the state of michigan enact:
Sec. 857. (1) If a party to a proceeding in the probate court would have had a right before January 1, 1971 to demand a jury to determine a particular issue of fact in the circuit court upon a de novo appeal from that proceeding to the circuit court, that party shall on and after January 1, 1971 have the right to demand a jury to determine that issue of fact in the probate court proceeding.
(2) When a jury is demanded pursuant to law in a proceeding in the probate court, the jury shall be is summoned and selected in accordance with sections 1301 to 1354. this act. With respect to jurors, any an examination, challenge, replacement, oath, or other practice which that is not governed by the provisions of sections 1301 to 1354 shall be this act is governed by rules adopted by the supreme court.
(3) If a jury trial is demanded in any a proceeding by a party having that has a right to have a jury determine an issue, the demanding party shall pay into the court a jury fee in an amount equal to the jury fee required in the circuit court in the same county but not to exceed $30.00. , which The jury fee shall be is paid to the county treasurer for deposit in the general fund of the county. A jury fee shall is not be required from a party demanding a jury trial in the juvenile division of the probate court or under Act No. 258 of the Public Acts of 1974, as amended, being sections 330.1001 to 330.2106 of the Michigan Compiled Laws.the mental health code, 1974 PA 258, MCL 330.1001 to 330.2106.
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.As designated by the chief judge of the circuit court, only the circuit court administrator or the clerk of the circuit court may determine if an individual meets the qualifications to be a potential juror in a county.
Sec. 1304a. (1) The jury board A court or clerk of the court may use a computerized, electronic, and or mechanical devices process within jury management software or other software in carrying out its duties under this chapter.
(2) 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.
Sec. 1306. (1) The state court administrative office, under the supervision and direction of 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. The rules must make allowance, as necessary, for a court that adopts a 1 day, 1 trial jury system as defined in section 1371.
(2) The state court administrative office, under the supervision and direction of the supreme court, shall create and implement a jury selection program in accordance with this chapter and court rules.
(3) The state court administrative office, under the supervision and direction of the supreme court, 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 state 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 state personal identification cardholder list of the name, address, 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 computerized, 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, under the supervision and direction of the supreme court, shall electronically transmit the first jury list to the clerk of the court of record or municipal court.
(6) The state court administrative office, under the supervision and direction of the supreme court, shall repeat the first jury list process under this section as necessary if additional jurors are required.
(7) The state court administrative office, under the supervision and direction of the supreme court, 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 following information:
(a) A juror's personal information, including, but not limited to, phone number, race, and ethnicity.
(b) The juror's qualifications for, and exemptions from, jury service, as applicable.
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 the 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 and any municipal courts in the circuit an estimate of the number of jurors who will be needed by the court for a 1-year period beginning September 1 of that year. The 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 as needed to ensure sufficient potential jurors. The circuit court administrator or the clerk of the circuit court shall concurrently send by ordinary mail or personal service the standard juror qualifications questionnaire created in section 1306 and a summons to individuals selected in accordance with section 1332. 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 summons sent to the selected individuals or mail the supplemental juror qualifications questionnaire individually. An individual shall complete and return a questionnaire that was sent under this subsection to the circuit court administrator or the clerk of the circuit court not later than 10 days after the questionnaire is received. All juror qualifications questionnaires must be kept on file by the clerk of the court for 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, under the supervision and direction of the supreme court, shall develop and adopt rules regarding the contents of the annual reports and determine 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 of an individual who does not return the juror qualifications questionnaire.
(b) The name of an individual who is disqualified from jury service based on the individual's juror qualifications questionnaire responses.
(c) The name of an individual examined under subsection (6) and a record of the individual's qualifications to serve as a juror.
(d) The name of an individual excused from service under subsection (7).
(e) 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.
(f) The name of an 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 who claims exemption and gives satisfactory proof of the right to an exemption and an 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 an individual to appear before the circuit court at a specified time to testify 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 to examine prospective jurors who are unable to attend at other times. A clerk of the court may administer an oath or affirmation in relation to the examination of a matter in this chapter.
(7) If a prospective juror without legal disqualification or exemption applies to the clerk of a court of record or municipal court 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 or municipal court 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 and transmit to the district court a list of prospective jurors segregated by the geographical area of the jurisdiction of each district court district.
(12) If a city located in more than 1 county is placed entirely within a single district of the district court under chapter 81, the state court administrative office, under the supervision and direction of the supreme court, by rule shall specify the procedure for compiling the jury list for that district court district so that it includes the names and addresses of residents from the parts of the counties that comprise that district.
(13) Except as otherwise provided in this subsection, 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. A court that adopts a 1 day, 1 trial jury system as that term is defined in section 1371 may establish rules inconsistent with this chapter only as necessary to select jurors in accordance with sections 1371 and 1372.
Sec. 1307a. (1) To qualify as a juror, an individual must meet all of the following criteria:
(a) Be a citizen of the United States, 18 years of age or older, and a resident in the county for which the individual is selected, and in the case of a district court in districts of the second and third class, be a resident of the district.
(b) Be able to communicate in the English language.
(c) Be physically and mentally able to carry out the functions of a juror. Temporary inability must not be considered a disqualification.
(d) Not have served as a petit or grand juror in a court of record during the preceding 12 months.
(e) Not have been convicted of a felony.
(2) An individual more than 70 years of age may claim exemption from jury service and must be exempt upon making the request.
(3) An individual who is a nursing mother may claim exemption from jury service for the period during which she is nursing her child and must be exempt upon making the request if she provides a letter from a physician, a lactation consultant, or a certified nurse midwife verifying that she is a nursing mother.
(4) An individual who is a participant in the address confidentiality program created under the address confidentiality program act, 2020 PA 301, MCL 780.851 to 780.873, may claim exemption from jury service for the period during which the individual is a program participant. To obtain an exemption under this subsection, the individual must provide the participation card issued by the department of attorney general upon the individual's certification as a program participant to the court as evidence that the individual is a current participant in the address confidentiality program.
(5) An individual who is a service member of the United States Armed Forces may claim exemption from jury service for the period during which the individual is on active duty and must be exempt upon making the request of the court and providing a copy of the service member's orders.
(6) An individual who is the spouse of a service member of the United States Armed Forces may claim exemption from jury service for the period during which the individual resides outside of this state or the United States due to the service member's active duty status. The spouse under this section must be exempt upon making the request of the court and providing a copy of the service member's orders.
(7) For the purposes of this section and sections 1371 to 1376, and 1372, an individual has served as a juror if that individual has been paid for jury service.
(8) As used in this section:
(a) "Certified nurse midwife" means an individual licensed as a registered professional nurse under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, who has been issued a specialty certification in the practice of nurse midwifery by the board of nursing under section 17210 of the public health code, 1978 PA 368, MCL 333.17210.
(b) "Felony" means a violation of a penal law of this state, another state, or the United States for which the offender, upon conviction, may be punished by death or by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.
(c) "Lactation consultant" means a lactation consultant certified by the International Board of Lactation Consultant Examiners.
(d) "Physician" means an individual licensed by the state to engage in the practice of medicine or osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.
Sec. 1326. If a grand jury is ordered by the court, or required by statute, the board trial court shall select the names of a sufficient number of persons, as determined by the chief circuit judge, 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 shall individuals 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.
Sec. 1332. The circuit court administrator, the clerk of the circuit court, jury board, or the sheriff shall summon jurors for court attendance at such the 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 made by a written notice addressed to the juror at the juror's place of residence as shown by the records of the board, which 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 shall make a return if directed by the court. The return shall be is presumptive evidence of the fact of service. The circuit court administrator or the clerk of the circuit court shall, not later than 14 days after the return, notify a juror in writing by ordinary mail or electronic communication if the juror is excused.
Sec. 1334. (1) The chief judge may excuse any juror or jurors from attendance without pay for any portion of the term. The chief judge shall excuse jurors from attendance on days when it is not expected that they the jurors will be required. The If a juror has not been called for voir dire examination in an action, the chief judge may postpone the juror's service of a juror to a later term of court if the juror has not been called for voir dire examination in any action.or up to 1 year, whichever is less.
(2) The judge presiding at the trial of an action may excuse jurors from attendance at that trial for cause.
Sec. 1343. The term of service of petit jurors shall be is determined by local court rule but shall must not exceed the term of court, unless at the end of this period a juror is serving in connection with an unfinished case, in which event the juror shall continue to serve, in that case only, until the case in which he or she the juror is serving is finished. Once commenced, the term of service shall be continuous except as provided in sections 1334 to 1336. This section does not apply to a court that adopts a 1 day, 1 trial jury system as that term is defined in section 1371.
Sec. 1344. (1) A Except as provided under subsection (6), a juror must be reimbursed for his or her the juror's traveling expenses at a as follows:
(a) At the Internal Revenue Service standard mileage rate , determined by the county board of commissioners, that is not less than 10 cents per mile or, beginning April 1, 2018, not less than 20 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.
(b) For all required costs to park a vehicle for each day of attendance at sessions of the court.
(2) A Except as provided under subsection (6), in addition to reimbursement under subsection (1) and subject to subsection (5), a juror also must be compensated at a rate , determined by the county board of commissioners, as follows:
(a) Except as provided in subdivision (b), a rate determined as follows:
(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.
(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.
(b) Beginning April 1, 2018, and every subsequent fiscal year, if, as of the end of the 2 most recent fiscal years, the state court administrator, at the direction of the supreme court and upon confirmation by the state treasurer, determines that sufficient funds are available in the juror compensation reimbursement fund created in section 151d, a rate determined as follows:
(i) For the first day or 1/2 day of actual attendance at the court, not less than $30.00 per day and $15.00 per 1/2 day.
(ii) For each subsequent day or 1/2 day of actual attendance at the court, not less than $45.00 per day and $22.50 per 1/2 day.consistent with the state minimum wage per hour for each 1/2 day or full day of required actual attendance in court.
(3) If an action is removed from the circuit court to a lower court, the jury fee must be paid to the circuit court whether paid before or after removal of the action to the lower court, and the circuit court is 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.
(5) Every 5 years beginning January 1, 2025, the state treasurer shall adjust the state minimum wage in effect by an amount determined by the state treasurer at the end of the preceding calendar year to reflect the percentage change in the Consumer Price Index for the most recent 5-year period for which data is available. The state court administrative office shall post the adjusted state minimum wage on its website by January 1 of the year it is calculated, and the adjusted rate is effective beginning October 1 of that year.
(6) Upon request, a juror may waive reimbursement and compensation under this section.
(7) (5) As used in this section: , "sufficient funds" means an amount exceeding $2,000,000.00 in the juror compensation reimbursement fund created in section 151d.
(a) "1/2 day" means 4 hours.
(b) "Consumer Price Index" means the most comprehensive index of consumer prices available for this state from the Bureau of Labor Statistics of the United States Department of Labor.
(c) "Full day" means 8 hours.
(d) "State minimum wage" means the minimum hourly wage rate determined under the workforce opportunity wage act, 2014 PA 138, MCL 408.411 to 408.424.
Sec. 1345. A board member The clerk of the court of record shall report to the prosecuting attorney and the chief circuit judge the name of any person an individual who in any manner seeks by request, hint, or suggestion to influence the board or its members in the selection of any a juror.
Sec. 1346. The following acts are punishable by the circuit court may punish any of the following acts as contempts contempt of court:
(a) Failing to answer the a questionnaire provided for in section 1313.1307.
(b) Failing to appear before the board or a member of the board, without being excused at the time and place notified to appear.circuit court that sent the juror qualifications questionnaire.
(c) Refusing to take an oath or affirmation.
(d) Refusing to answer questions pertaining to his or her the individual's qualifications as a juror , when asked by a member of the board.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 can give affecting the liability or qualification of a person an individual other than himself or herself 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 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.
Sec. 1371. As used in sections 1371 to 1376, "one section 1372, "1 day, one 1 trial jury system" means a system of selection of jurors which that incorporates either all of the following:
(a) A system of jury selection whereby:
(a) (i) Jury service is completed when the first trial to which the juror is sworn is concluded regardless of the length of the trial or the manner in which the case is disposed.
(b) (ii) A juror who is challenged shall be is returned to the jury pool and shall be subject to voir dire examination in other cases for the remainder of that day.
(c) (iii) A juror who remains unseated and unchallenged at voir dire examination shall be is excused at the end of that day. A juror may be held over for another day for continuation of voir dire examination at the discretion of the trial judge.
(b) A system of jury selection established pursuant to section 1301b.
Sec. 1372. (1) Sections 1371 to 1376 apply only to those districts of the district court, circuits of the circuit court, and county or probate court districts of the probate court that adopt the 1 day, 1 trial jury system.
(2) Any court in this state may adopt a 1 day, 1 trial jury system.
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, 1328, 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, 600.1328, 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 1 year after the date it is enacted into law.
