JURY TRIAL FEE INCREASE - H.B. 4798 (S-2): FLOOR ANALYSIS
House Bill 4798 (Substitute S-2 as reported)
Sponsor: Representative Andrew Richner
House Committee: Civil Law and the Judiciary
Senate Committee: Judiciary
CONTENT
The bill would amend the Revised Judicature Act (RJA) to increase court fees for a trial by jury, and provide for the amount of the increase to be deposited in the proposed Juror Compensation Reimbursement Fund. The bill would take effect on January 1, 2003, and is tie-barred to House Bills 4090, 4551, 4552, and 4553. (House Bill 4090 would increase juror compensation rates. House Bill 4551 would create the Juror Compensation Reimbursement Fund. House Bill 4552 would increase various driver license clearance fees and allocate a portion of the fees to the proposed Fund. House Bill 4553 would provide for the distribution of money in the Fund to district, probate, and circuit court funding units.)
The RJA provides that if a trial by jury is demanded in the circuit court, the party making the demand must pay a fee of $60. The bill would increase that fee to $85. If a trial by jury is demanded in the district court, the party making the demand must pay a $40 fee. The bill would increase that fee to $50. For each fee collected, the circuit court clerk would have to transmit $25, and the district court clerk would have to transmit $10, to the State Treasurer for deposit in the proposed Juror Compensation Reimbursement Fund.
Under the RJA, failure to pay the fee for demanding a jury trial within the time provided in the court rules constitutes a waiver of the right to a jury trial. The bill would refer to failure to pay the fee at the time the demand was made, rather than within the time provided in the court rules.
MCL 600.2529 & 600.8371 - Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would increase the jury demand fee in civil cases from $60 to $85 in circuit court, and from $40 to $50 in district court. The additional revenues generated from the increases in jury demand fees would have to be deposited in the Juror Compensation Reimbursement Fund. The estimated annual revenue that would be generated from jury demand fee increases is approximately $500,000. The enacting section of the bill provides that the fee increases would take effect on January 1, 2003.
Date Completed: 5-28-02 - Fiscal Analyst: Bill BowermanFloor\hb4798 - Bill Analysis @ http://www.senate.state.mi.us/sfa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.