House Introduced Bill 5962

HOUSE BILL No. 5962

September 26, 2000, Introduced by Rep. Richner and referred to the Committee on Family and Civil Law.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 1304, 1304a, 1308, 1309, 1310, 1311, 1312,

1313, 1314, 1315, 1316, 1317, 1319, 1320, 1321, 1322, 1323, 1324,

1326, 1327, 1328, 1330, 1331, 1340, 1341, 1342, 1345, and 1346

(MCL 600.1304, 600.1304a, 600.1308, 600.1309, 600.1310, 600.1311,

600.1312, 600.1313, 600.1314, 600.1315, 600.1316, 600.1317,

600.1319, 600.1320, 600.1321, 600.1322, 600.1323, 600.1324,

600.1326, 600.1327, 600.1328, 600.1330, 600.1331, 600.1340,

600.1341, 600.1342, 600.1345, and 600.1346), sections 1304, 1310,

1311, and 1312 as amended by 1986 PA 104; and to repeal acts and

parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1
Sec. 1304. (1) The jury board shall select from the

2
current voter registration lists or books the names of persons as

04151'99 DRM
2

1
provided in this chapter to serve as jurors. This subsection

2
applies to jurors summoned for trials beginning before

3
September 1, 1987. (2) The jury board COUNTY CLERK FOR
EACH

4
COUNTY shall select from a list which combines the driver's

5
license list and the personal identification cardholder list the

6
names of persons as provided in this chapter to serve as jurors.

7
This subsection applies to jurors summoned for trials beginning

8
after August 31, 1987.

9
Sec. 1304a. The jury board COUNTY CLERK may use elec-

10
tronic and mechanical devices in carrying out its duties under

11
this chapter.

12
Sec. 1308. On or before each May 1, the CHIEF OR presiding

13
judge of each court of record and district court in the county

14
shall estimate the number of jurors that will be needed by their

15
courts for a 1-year period beginning the following September.

16
This estimate shall be entered on the journal of the court and a

17
copy thereof shall be certified by the clerk of the court and

18
delivered to the board COUNTY CLERK. In making the estimate

19
the judge shall consider the number of slips then in the board

20
box which may be available for the period for which the estimate

21
is made.

22
Sec. 1309. The board COUNTY CLERK shall secure from the

23
clerk of each court of record and district court in the county,

24
and each COURT clerk shall provide, a list of persons who have

25
served as jurors, pursuant to the provisions of this chapter, in

26
their courts during the preceding 1 year.

04151'99 3

1
Sec. 1310. (1) The township or city clerk shall annually

2
between April 15 and May 1 deliver to and file with the county

3
clerk a full, current, and accurate copy of the voter registra-

4
tion cards containing the names and addresses of the registered

5
voters. In lieu of a copy of the registration card, a full, cur-

6
rent, and accurate list of those registered together with the

7
current addresses shown on the card may be filed.

8
(2) The board shall secure from the county clerk, and the

9
county clerk shall provide, copies of the current voter registra-

10
tion cards or the current voter registration lists for each pre-

11
cinct in the county. The board shall treat the cards and lists

12
as 1 list, with voters grouped either by precinct or by city,

13
township, or village as they may be provided.

14
(3) The board, in lieu of receiving a list from the county

15
clerk of current registered voters, may, if electronic or mechan-

16
ical devices are used by the township, city, or village clerks,

17
order the clerks to provide only the names and addresses selected

18
by applying the key number and starting number designated by the

19
board.

20
(1) (4) Beginning in 1987, the THE secretary of state

21
shall transmit annually, before April 15 to the clerk of each

22
county at no expense a full, current, and accurate copy of a list

23
that combines the driver's license list and personal identifica-

24
tion cardholder list pertaining to persons residing in the

25
county. At the request of the board CLERK OF EACH COUNTY

26
before March 1, the secretary of state shall transmit only a

27
first jury list consisting of the names and addresses of persons

04151'99
4

1
selected at random, based on the total number of jurors required

2
as submitted to the secretary of state by the board CLERK OF

3
EACH COUNTY, using electronic or other mechanical devices. Upon

4
request, the secretary of state shall furnish additional lists to

5
any federal, state, or local governmental agency, other than the

6
clerk of each county, for the purpose of jury selection. An

7
agency which requests and receives a list shall reimburse the

8
secretary of state for actual costs incurred in the preparation

9
and transmittal of the list and all reimbursements shall be

10
deposited in the state general fund.

11
(2) (5) If an agency uses electronic or mechanical devices

12
to carry out its duties, the agency may request and receive a

13
copy of the combined driver's license and personal identification

14
cardholder list on computer tape or another electronically

15
produced medium under specifications prescribed by the secretary

16
of state. The secretary of state shall establish specifications

17
standardizing the size, format, and content of computer tapes and

18
other media utilized to transmit information used for jury

19
selection.

20
(6) Subsections (1), (2), and (3) shall not apply after

21
December 31, 1986.

22
Sec. 1311. The board COUNTY CLERK shall arrive at a key

23
number as follows:

24
(a) Add the number of jurors the judge has estimated will be

25
needed to the number that experience has shown will be eliminated

26
because of disqualification or exemption. Example: If the judge

27
estimates 100 jurors will be needed and the board COUNTY CLERK

04151'99
5

1
has found that to select finally 100 jurors, 50 persons will

2
usually be found to be exempt or disqualified, including those

3
who have moved from the county or died, the board COUNTY CLERK

4
shall add 50 to the 100.

5
(b) Divide the number equal to the total number of names

6
which appear on the list received pursuant to section 1310 by the

7
result, obtaining the nearest integral quotient. Example: If

8
there are 50,000 names on the combined list, divide 50,000 by

9
150.

10
(c) The result is the key number for the period for which

11
jurors are to be selected. Example: 50,000 divided by 150

12
equals 333-1/3, so 333 would be the key number in the example.

13
Sec. 1312. (1) The board COUNTY CLERK shall apply the key

14
number uniformly to the names on the list received pursuant to

15
section 1310 and compile a list or card index, to be known as the

16
first jury list, which shall include every name and only those

17
names as the application of the key number has designated. The

18
board COUNTY CLERK shall do this as follows:

19
(a) Arrange the various voter registration lists into 1

20
list. The order in which the lists are arranged or the fact that

21
some lists are by precincts, and some lists are alphabetized, is

22
not relevant. This subdivision shall not apply after

23
December 31, 1986.

24
(A) (b) Select by a random method a starting number

25
between 0 and the key number.

04151'99
6

1
(B) (c) Count down the list the number of names to reach

2
the starting number. That name shall be placed on the first jury

3
list.

4
(C) (d) Continue from that name counting down the list,

5
beginning to count again with the number 1, until the key number

6
is reached. That name shall be placed on the first jury list.

7
(D) (e) Repeat the process provided in subdivision (d)

8
until the whole list has been counted and the names placed on the

9
first jury list.

10
(E) (f) The board shall then remove REMOVE from the first

11
jury list the name of any person who its records show served,

12
pursuant to the provisions of this chapter, as a petit or grand

13
juror in any court of record or district court in the county at

14
any time in the preceding 1 year.

15
(2) The board COUNTY CLERK may use electronic and mechani-

16
cal devices in carrying out its duties under this section.

17
Sec. 1313. The board COUNTY CLERK shall supply a juror

18
qualifications questionnaire to persons on the first jury list.

19
This questionnaire shall contain blanks for the information the

20
board COUNTY CLERK desires, concerning qualifications for, and

21
exemptions from, jury service. Persons on the first jury list

22
are required to return the questionnaire fully answered to the

23
jury board COUNTY CLERK within 10 days after it is received.

24
Sec. 1314. On the basis of answers to the juror qualifica-

25
tions questionnaires, the board COUNTY CLERK may excuse from

26
service persons on the first jury list who claim exemption and

27
give satisfactory proof of such right, and all persons who are

04151'99
7

1
not qualified for jury service. The board COUNTY CLERK may

2
investigate the accuracy of the answers to the questionnaires and

3
may call upon all law enforcement agencies for assistance in the

4
investigation.

5
Sec. 1315. The juror qualifications questionnaires shall be

6
kept on file by the board COUNTY CLERK for a period of 3 years

7
but the presiding CHIEF circuit judge may order them to be kept

8
on file for a longer period. The answers to the qualifications

9
questionnaires shall not be disclosed except that the presiding

10
CHIEF circuit judge may order that access be given to the ques-

11
tionnaires and the answers.

12
Sec. 1316. The presiding CHIEF circuit judge, or the

13
board COUNTY CLERK, may require any person on the first jury

14
list to appear before a board member at a specified time, for

15
the purpose of testifying under oath or affirmation concerning

16
his OR HER qualification to serve as a juror, in addition to com-

17
pleting the questionnaire. Notice shall be given, personally or

18
by mail, to a person required to appear not less than 7 days

19
before he OR SHE is to appear. before the board. The board

20
COUNTY CLERK shall hold evening sessions as necessary for the

21
examination of prospective jurors who are unable to attend at

22
other times.

23
Sec. 1317. The board COUNTY CLERK may dispense with the

24
personal attendance of a person notified to appear before the

25
board, UNDER SECTION 1316, when another person cognizant of

26
facts which will qualify or disqualify the person from service,

27
or which prevent him THE PERSON from appearing is produced and

04151'99
8

1
testifies in his OR HER stead, or when a board member AN

2
EMPLOYEE OR OFFICER OF THE COUNTY CLERK'S OFFICE has personal

3
knowledge of facts, and enters them in his OR HER report on that

4
person's qualifications.

5
Sec. 1319. The board COUNTY CLERK shall keep a record of

6
the board member's A report on each person examined, and a

7
record showing the qualifications to serve as a juror of each

8
person on the first jury list. and whether or not he is a

9
freeholder.

10
Sec. 1320. (1) The board COUNTY CLERK shall make a prelim-

11
inary screening of the qualifications and exemptions of prospec-

12
tive jurors and shall not include in the second jury list the

13
names of persons it THAT THE COUNTY CLERK finds not qualified

14
or exempt; but the court may decide upon the qualifications and

15
exemptions of prospective jurors upon a written application and

16
satisfactory legal proof at any time after the jurors attend

17
court.

18
(2) If a prospective juror without legal disqualification or

19
exemption shall apply APPLIES to the board COUNTY CLERK
to be

20
excused from jury service, the jury board COUNTY CLERK may,

21
with the written approval of the presiding CHIEF circuit judge,

22
exclude his OR HER name from the second jury list when it appears

23
that the interests of the public or of the prospective juror will

24
be materially injured by his OR HER attendance, or the health of

25
the juror or that of a member of his OR HER family requires his

26
OR HER absence from court.

04151'99
9

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

2
list whom the board COUNTY CLERK accepts as persons qualified

3
for and not exempt from jury service shall be compiled into a

4
list or card index to be known as the second jury list. The

5
board COUNTY CLERK shall write the names and addresses of the

6
persons thus selected , and whether or not the records of the

7
board show them to be freeholders, on separate slips of paper of

8
the same size and appearance as nearly as may be. The board

9
COUNTY CLERK shall fold up each slip of paper in the same manner

10
so as to conceal the name thereon and shall deposit it at the

11
times herein provided IN THIS CHAPTER, in a box. , to be

12
called and labeled the board box. The form and construction of

13
the board box shall be approved by the chairman or president

14
COUNTY CLERK, and may from time to time be changed with his OR

15
HER approval. Immediately after preparing the slips the board

16
shall seal the second jury list. The list shall remain sealed

17
until otherwise ordered by the presiding CHIEF circuit judge.

18
(2) The board COUNTY CLERK shall make an additional list

19
consisting of the names on the second jury list segregated by the

20
geographical area of the jurisdiction of each district court. If

21
there are not sufficient names on such THE segregated list for

22
any district court, the board COUNTY CLERK shall apply again

23
the key number to that district only and obtain as many addi-

24
tional jurors as needed for such district.

25
Sec. 1322. The first deposit of slips shall take place as

26
soon as the slips are prepared. Slips drawn under previous

27
statutes shall first be removed. Subsequent deposits shall be

04151'99
10

1
made when the supply of slips in the board box is exhausted.

2
An earlier deposit may be ordered by the presiding CHIEF cir-

3
cuit judge. The board COUNTY CLERK shall keep a record of the

4
number of slips deposited, and the number withdrawn, and shall

5
inform the presiding CHIEF circuit judge of the number of slips

6
remaining in the board box on request, without opening the

7
box. Nothing herein shall affect the validity of a panel of

8
jurors which was drawn for a term of court before the first

9
deposit of slips as provided herein.

10
Sec. 1323. If the slips are not to be immediately deposited

11
in the board box, they shall be sealed up by the board
COUNTY

12
CLERK and SHALL remain in the custody of the board COUNTY CLERK

13
to be deposited when the previous supply of slips in the board

14
box is exhausted or when ordered by the presiding CHIEF circuit

15
judge.

16
Sec. 1324. (1) From time to time the CHIEF OR presiding

17
judge of each court of record and district court in the county

18
shall order the board COUNTY CLERK to draw jurors for jury

19
service. Each such order shall contain the following

20
information:

21
(a) A time limit within which the drawing shall be

22
completed.

23
(b) The number of jurors to be drawn for a panel.

24
(c) The number of panels to be drawn.

25
(d) The court or courts in which each panel shall serve.

26
(e) The period of service of each panel, subject to the

27
provisions of section 1343.

04151'99
11

1
(2) Upon the order of the presiding CHIEF circuit judge,

2
jury panels or parts of jury panels drawn for any court in the

3
county may be used for jury selection in any court of record or

4
in the district court, if jurors on the panel or part of a panel

5
selected for such use are otherwise eligible to serve as jurors

6
in the particular court.

7
(3) If a city located in more than 1 county is placed

8
entirely within a single district of the district court pursuant

9
to the provisions of chapter 81, the supreme court by rule shall

10
specify the procedure for compiling the second jury list for that

11
district court so as to include names and addresses of residents

12
from the parts of the counties which comprise such THE

13
district.

14
Sec. 1326. If a grand jury is ordered by the court, or

15
required by statute, the board COUNTY CLERK shall draw the

16
names of a sufficient number of persons, as determined by the

17
presiding CHIEF circuit judge, to serve as grand jurors in

18
accordance with the provisions of section 11 of chapter 7 VII

19
of Act No. 175 of the Public Acts of 1927, as amended, being

20
section 767.11 of the Compiled Laws of 1948 THE CODE OF CRIMINAL

21
PROCEDURE, 1927 PA 175, MCL 767.11. The names shall be drawn in

22
the same manner and from the same source as petit jurors. The

23
term of service of grand jurors shall be as prescribed by section

24
7a of chapter 7 VII of Act No. 175 of the Public Acts of 1927,

25
as added, being section 767.7a of the Compiled Laws of 1948 THE

26
CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL 767.7A.

04151'99
12

1
Sec. 1327. A drawing of jurors shall take place in public

2
within the time limit fixed by the presiding CHIEF circuit

3
judge and at a time and place designated by the board COUNTY

4
CLERK. At the time and place appointed, the clerk or his THE

5
CLERK'S deputy, and a judge or an elected official, other than

6
the clerk, as designated by the presiding CHIEF OR presiding

7
judge shall attend to witness and assist in the drawing of

8
jurors.

9
Sec. 1328. The board COUNTY CLERK shall proceed in the

10
drawing as hereinafter provided IN THIS SECTION. An employee

11
of the board, or a board member, THE COUNTY CLERK OR HIS OR HER

12
EMPLOYEE shall shake or turn the board box to fairly mix the

13
slips of paper deposited therein IN THE BOARD BOX without

14
exposing them. The employee or board member COUNTY CLERK OR

15
EMPLOYEE OF THE COUNTY CLERK, in the presence of the officer or

16
officers attending, without seeing the names on the slips, shall

17
then draw publicly from the box the names of as many jurors as

18
were ordered by the judge. An attending officer or board member

19
or an employee of the board THE COUNTY CLERK OR EMPLOYEE shall

20
keep a minute of the drawing, in which he shall enter SHALL BE

21
ENTERED the name written on every slip of paper drawn before any

22
other slip is drawn. If the name of a person is drawn who is not

23
qualified to serve as a juror, to the knowledge of any member of

24
the board, an entry of this fact shall be made on the minute of

25
the drawing, the slip of paper containing his OR HER name shall

26
be destroyed, and another slip then drawn in place of that

27
destroyed. The minutes of the drawing shall be signed by the

04151'99
13

1
board member COUNTY CLERK OR EMPLOYEE and the attending

2
officers and filed in the office of the board COUNTY CLERK.

3
The signature shall constitute a certificate that the minutes are

4
correct and that all provisions of law have been complied with.

5
Sec. 1330. When the drawing is finished, the board box

6
shall be closed and sealed in the presence of the officers. All

7
slips drawn out of the board box, unless destroyed as provided

8
in this chapter, shall be delivered to the clerk of the court for

9
which the jurors were drawn. The board box shall be kept in

10
the custody of the board COUNTY CLERK at all times, and shall

11
not be opened nor the seal be broken until another drawing,

12
unless ordered by the court.

13
Sec. 1331. The board COUNTY CLERK shall deliver to the

14
clerk OF THE COURT lists containing the names and addresses of

15
the jurors drawn.

16
Sec. 1340. The clerk of the court, within 10 days after the

17
close of each term for which jurors have been drawn, shall

18
deliver to the board his COUNTY CLERK A certificate specifying

19
distinctly and in detail as follows:

20
(a) The name and residence of each juror who was excused or

21
discharged by the court, with the reason therefor.

22
(b) The name and residence of each person notified who did

23
not attend or serve.

24
(c) The name and residence of each person punished for con-

25
tempt as provided in this chapter.

26
Sec. 1341. The CHIEF OR presiding judge of a court may

27
order additional jurors drawn by the board COUNTY CLERK for

04151'99
14

1
service during the period OR PARTIAL PERIOD of service of a jury

2
panel. or a part thereof. A judge of a court of record or dis-

3
trict court may order additional jurors drawn by the board

4
COUNTY CLERK for immediate service in a particular case. The

5
order shall specify the number to be drawn, and the time and

6
place of drawing. If additional jurors are needed for immediate

7
service in a particular case, any member of the jury board THE

8
COUNTY CLERK OR AN EMPLOYEE OF THE COUNTY CLERK may conduct the

9
drawing if witnessed by the COURT clerk or his THE COURT

10
CLERK'S deputy and by the judge ordering the drawing. Jurors

11
whose names are so drawn shall be given notice to attend court

12
in such manner as the court directs. Additional jurors so

13
drawn shall become members of the panel then serving unless oth-

14
erwise directed by the CHIEF OR presiding judge.

15
Sec. 1342. If the board COUNTY CLERK fails to meet and

16
return the second jury list at the time prescribed, or if any

17
list of jurors becomes exhausted or declared illegal, the

18
presiding CHIEF circuit judge may order the board to meet and

19
COUNTY CLERK TO make a new list of jurors.

20
Sec. 1345. A board member THE COUNTY CLERK shall report

21
to the prosecuting attorney and the presiding CHIEF circuit

22
judge the name of any person who in any manner seeks by request,

23
hint, or suggestion to influence the board or its members

24
COUNTY CLERK OR AN EMPLOYEE OF THE COUNTY CLERK in the selection

25
of any juror.

26
Sec. 1346. The following acts are punishable by the circuit

27
court as contempts of court:

04151'99
15

1
(a) Failing to PROPERLY answer the questionnaire provided

2
for in section 1313.

3
(b) Failing to appear before the board or a member thereof

4
THE COUNTY CLERK, without being excused at the time and place

5
notified to appear.

6
(c) Refusing to take an oath or affirmation.

7
(d) Refusing to answer questions pertaining to his OR HER

8
qualifications as a juror, when asked by a member of the board

9
THE COUNTY CLERK.

10
(e) Failing to attend court, without being excused, at the

11
time specified in the notice, or from day to day, when summoned

12
as a juror.

13
(f) Giving a false certificate, or making a false represen-

14
tation, or refusing to give information which he OR SHE can give

15
affecting the liability or qualification of a person other than

16
himself to serve as a juror.

17
(g) Offering, promising, paying, or giving money or anything

18
of value to, or taking money or anything of value from, a person,

19
firm or corporation for the purpose of enabling himself OR

20
HERSELF, or another person, to evade service or to be wrongfully

21
discharged, exempted or excused from service as a juror.

22
(h) Tampering unlawfully in any manner with a jury list, the

23
board box, the jury box or the slips.

24
(i) Wilfully WILLFULLY doing or omitting to do an act with

25
the design to subvert the purpose of this act.

26
(j) Wilfully WILLFULLY omitting to put on the jury list

27
the name of a person qualified and liable for jury duty.

04151'99
16

1
(k) Wilfully WILLFULLY omitting to prepare or file a list

2
or slip.

3
(l) Doing, or omitting to do, an act with the design to pre-

4
vent the name of a person qualified and liable to serve as a

5
juror from being placed in the board box or jury box, or from

6
being drawn for service as a juror.

7
(m) Wilfully WILLFULLY placing the name of a person upon a

8
list, or preparing a slip with the name of a person thereon or

9
placing a slip in the jury box with the name of a person thereon,

10
who is not qualified as a juror.

11
Enacting section 1. Sections 1301, 1302, 1303, 1303a, 1305,

12
and 1318 of the revised judicature act of 1961, 1961 PA 236, MCL

13
600.1301, 600.1302, 600.1303, 600.1303a, 600.1305, and 600.1318,

14
are repealed.

04151'99 Final page. DRM