House Introduced Bill 6259

HOUSE BILL No. 6259

August 13, 2002, Introduced by Rep. Zelenko and referred to the Committee on Civil Law and the Judiciary.

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending sections 1301a, 1303a, 1304, 1305, 1307a, 1308, 1309,

1310, 1312, 1313, 1315, 1316, 1317, 1319, 1320, 1321, 1322, 1323,

1324, 1326, 1327, 1328, 1329, 1331, 1332, 1333, 1334, 1335, 1336,

1337, 1338, 1339, 1340, 1341, 1342, 1343, 1345, 1346, 1347, 1372,

1374, and 1375 (MCL 600.1301a, 600.1303a, 600.1304, 600.1305,

600.1307a, 600.1308, 600.1309, 600.1310, 600.1312, 600.1313,

600.1315, 600.1316, 600.1317, 600.1319, 600.1320, 600.1321,

600.1322, 600.1323, 600.1324, 600.1326, 600.1327, 600.1328,

600.1329, 600.1331, 600.1332, 600.1333, 600.1334, 600.1335,

600.1336, 600.1337, 600.1338, 600.1339, 600.1340, 600.1341,

600.1342, 600.1343, 600.1345, 600.1346, 600.1347, 600.1372,

600.1374, and 600.1375), sections 1301a, 1304, 1307a, 1310, 1312,

and 1375 as amended by 1986 PA 104.

03710'01 * DRM 2

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1
Sec. 1301a. (1) Except as provided in subsection (2), this

2
chapter shall govern the selection of juries in the following

3
courts:

4
(a) Circuit court.

5
(b) Probate court.

6
(c) District court.

7
(d) Municipal courts of record.

8
(2) Sections 1310, 1311, 1312, 1321(1), 1322, 1323, 1330,

9
1338, and 1343 shall DO not apply to a court which THAT

10
adopts a method of jury selection described in section 1371.

11
Sec. 1303a. Before members of a jury board enter upon

12
BEGIN their duties, they shall take a constitutional oath of

13
office before the presiding CHIEF circuit judge and file it

14
with the county clerk.

15
Sec. 1304. (1) The jury board shall select from the cur-

16
rent voter registration lists or books the names of persons as

17
provided in this chapter to serve as jurors. This subsection

18
applies to jurors summoned for trials beginning before

19
September 1, 1987. (2) The jury board shall select from a list

20
which THAT combines the driver's license list and the personal

21
identification cardholder list the names of persons as provided

22
in this chapter to serve as jurors. This subsection applies to

23
jurors summoned for trials beginning after August 31, 1987.

24
Sec. 1305. The jury board shall meet annually in the month

25
of May. at the court house. The presiding CHIEF circuit judge

26
shall fix the time and place of the annual meeting and may direct

03710'01 * 3

1
the board to meet at other times and places. The board may meet

2
at other times and places necessary to carry out its duties. The

3
secretary of the board shall keep a record of the proceedings of

4
the board. in a book to be provided for that purpose and the

5
THE members of the board shall sign the record, attested by the

6
secretary, which record shall then be evidence in all courts and

7
places of the proceedings of the board.

8
Sec. 1307a. (1) To qualify as a juror a person shall:

9
(a) Be a citizen of the United States, 18 years of age or

10
older, and a resident in the county for which the person is

11
selected , and, in the case of a district court in districts of

12
the second and third class, be a resident of the district. , and

13
in the case of municipal courts of record, be a resident of the

14
municipality.

15
(b) Be conversant with ABLE TO COMMUNICATE IN the English

16
language.

17
(c) Be physically and mentally able to carry out the func-

18
tions of a juror. Temporary inability shall not be considered a

19
disqualification.

20
(d) Not have served as a petit or grand juror in a court of

21
record during the preceding 12 months.

22
(e) Not be under sentence for a felony at the time of jury

23
selection.

24
(2) A person more than 70 years of age may claim exemption

25
from jury service and shall be exempt upon making the request.

26
(3) For the purposes of sections 1371 to 1376 a person has

27
served as a juror if that person has been paid for jury service.

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

2
judge of each court of record and district court in the county

3
shall estimate the number of jurors that will be needed by their

4
courts for a 1-year period beginning the following September.

5
This estimate shall be entered on the journal of the court, and a

6
copy thereof OF THE ESTIMATE shall be certified by the clerk of

7
the court and delivered to the board. In making the estimate,

8
the judge shall consider the number of slips then in the board

9
box which may be NAMES available for the period for which the

10
estimate is made.

11
Sec. 1309. The board shall secure from the clerk of each

12
court of record and district court in the county, and each

13
clerk shall provide, a list of persons who have served as jurors,

14
pursuant to the provisions of this chapter, in their courts

15
during the preceding 1 year.

16
Sec. 1310. (1) The township or city clerk shall annually

17
between April 15 and May 1 deliver to and file with the county

18
clerk a full, current, and accurate copy of the voter registra-

19
tion cards containing the names and addresses of the registered

20
voters. In lieu of a copy of the registration card, a full, cur-

21
rent, and accurate list of those registered together with the

22
current addresses shown on the card may be filed.

23
(2) The board shall secure from the county clerk, and the

24
county clerk shall provide, copies of the current voter registra-

25
tion cards or the current voter registration lists for each pre-

26
cinct in the county. The board shall treat the cards and lists

03710'01 * 5

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

2
township, or village as they may be provided.

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

4
clerk of current registered voters, may, if electronic or mechan-

5
ical devices are used by the township, city, or village clerks,

6
order the clerks to provide only the names and addresses selected

7
by applying the key number and starting number designated by the

8
board.

9
(1) (4) Beginning in 1987, the THE secretary of state

10
shall transmit annually , before April 15 to the clerk of each

11
county at no expense a full, current, and accurate copy of a list

12
that combines the driver's license list and personal identifica-

13
tion cardholder list pertaining to persons residing in the

14
county. At the request of the board before March 1, the secre-

15
tary of state shall transmit only a first jury list consisting of

16
the names and addresses of persons selected at random, based on

17
the total number of jurors required as submitted to the secretary

18
of state by the board, using electronic or other mechanical

19
devices. Upon request, the secretary of state shall furnish

20
additional lists to any federal, state, or local governmental

21
agency, other than the clerk of each county, for the purpose of

22
jury selection. An agency which requests and receives a list

23
shall reimburse the secretary of state for actual costs incurred

24
in the preparation and transmittal of the list and all reimburse-

25
ments shall be deposited in the state general fund.

26
(2) (5) If an agency uses electronic or mechanical devices

27
to carry out its duties, the agency may request and receive a

03710'01 * 6

1
copy of the combined driver's license and personal identification

2
cardholder list on computer tape or another electronically

3
produced medium under specifications prescribed by the secretary

4
of state. The secretary of state shall establish specifications

5
standardizing the size, format, and content of computer tapes and

6
other media utilized to transmit information used for jury

7
selection.

8
(6) Subsections (1), (2), and (3) shall not apply after

9
December 31, 1986.

10
Sec. 1312. (1) The board shall apply the key number uni-

11
formly to the names on the list received pursuant to section 1310

12
and compile a list or card index, to be known as the first jury

13
list, which shall include every name and only those names as the

14
application of the key number has designated. The board shall do

15
this as follows:

16
(a) Arrange the various voter registration lists into 1

17
list. The order in which the lists are arranged or the fact that

18
some lists are by precincts, and some lists are alphabetized, is

19
not relevant. This subdivision shall not apply after

20
December 31, 1986.

21
(A) (b) Select by a random method a starting number

22
between 0 and the key number.

23
(B) (c) Count down the list the number of names to reach

24
the starting number. That name shall be placed on the first jury

25
list.

03710'01 * 7

1
(C) (d) Continue from that name counting down the list,

2
beginning to count again with the number 1, until the key number

3
is reached. That name shall be placed on the first jury list.

4
(D) (e) Repeat the process provided in subdivision (d)

5
(C) until the whole list has been counted and the names placed on

6
the first jury list.

7
(E) (f) The board shall then remove from the first jury

8
list the name of any person who its records show served, pursuant

9
to the provisions of this chapter, as a petit or grand juror in

10
any court of record or district court in the county at any time

11
in the preceding 1 year.

12
(2) The board may use electronic and mechanical devices in

13
carrying out its duties under this section.

14
Sec. 1313. (1) The board shall supply a juror qualifica-

15
tions questionnaire to persons on the first jury list. This

16
questionnaire shall contain blanks for the information the board

17
desires, concerning qualifications for, and exemptions from, jury

18
service. Persons on the first jury list are required to return

19
the questionnaire fully answered to the jury board within 10 days

20
after it is received.

21
(2) IN ANY COUNTY, THE JURY QUESTIONNAIRE DESCRIBED IN THIS

22
SECTION AND THE WRITTEN SUMMONS NOTICE DESCRIBED IN SECTION 1332

23
MAY BE PROVIDED TOGETHER IN THE SAME MAILING.

24
Sec. 1315. The juror qualifications questionnaires shall be

25
kept on file by the board for a period of 3 years but the

26
presiding CHIEF circuit judge may order them to be kept on file

27
for a longer period. The answers to the qualifications

03710'01 * 8

1
questionnaires shall not be disclosed except that the presiding

2
CHIEF circuit judge may order that access be given to the ques-

3
tionnaires and the answers.

4
Sec. 1316. The presiding CHIEF circuit judge, or the

5
board, may require any person on the first jury list to appear

6
before a board member at a specified time, for the purpose of

7
testifying under oath or affirmation concerning his OR HER quali-

8
fication to serve as a juror, in addition to completing the

9
questionnaire. Notice shall be given, personally or by mail, to

10
a person required to appear not less than 7 days before he OR SHE

11
is to appear before the board. The board shall hold evening ses-

12
sions as necessary for the examination of prospective jurors who

13
are unable to attend at other times.

14
Sec. 1317. The board may dispense with the personal

15
attendance of a person notified to appear before the board ,

16
when another person cognizant of facts which will qualify or dis-

17
qualify the person from service , or which prevent him THE

18
PERSON from appearing is produced and testifies in his OR HER

19
stead , or when a board member has personal knowledge of facts

20
, and enters them in his THE BOARD MEMBER'S report on that

21
person's qualifications.

22
Sec. 1319. The board shall keep a record of the board

23
member's report on each person examined, and a record showing the

24
qualifications to serve as a juror of each person on the first

25
jury list. and whether or not he is a freeholder.

26
Sec. 1320. (1) The board shall make a preliminary screening

27
of the qualifications and exemptions of prospective jurors and

03710'01 * 9

1
shall not include in the second jury list the names of persons it

2
finds not qualified or exempt; but the court may decide upon the

3
qualifications and exemptions of prospective jurors upon a writ-

4
ten application and satisfactory legal proof at any time after

5
the jurors attend court.

6
(2) If a prospective juror without legal disqualification or

7
exemption shall apply APPLIES to the board to be excused from

8
jury service, the jury board may, with the written approval of

9
the presiding CHIEF circuit judge, exclude his OR HER name from

10
the second jury list when it appears that the interests of the

11
public or of the prospective juror will be materially injured by

12
his OR HER attendance , or the health of the juror or that of a

13
member of his OR HER family requires his OR HER absence from

14
court.

15
Sec. 1321. (1) The names of those persons on the first jury

16
list whom the board accepts as persons qualified for and not

17
exempt from jury service shall be compiled into a list or card

18
index to be known as the second jury list. The board shall

19
write the names and addresses of the persons thus selected, and

20
whether or not the records of the board show them to be freehold-

21
ers, on separate slips of paper of the same size and appearance

22
as nearly as may be. The board shall fold up each slip of paper

23
in the same manner so as to conceal the name thereon and shall

24
deposit it at the times herein provided, in a box, to be called

25
and labeled the board box. The form and construction of the

26
board box shall be approved by the chairman or president, and may

27
from time to time be changed with his approval. Immediately

03710'01 * 10

1
after preparing the slips the board shall seal the second jury

2
list. The list shall remain sealed until otherwise ordered by

3
the presiding CHIEF circuit judge.

4
(2) The board shall make an additional list consisting of

5
the names on the second jury list segregated by the geographical

6
area of the jurisdiction of each district court DISTRICT. If

7
there are not sufficient names on such THE segregated list for

8
any district court DISTRICT, the board shall apply again the key

9
number to that district only and obtain as many additional jurors

10
as needed for such THAT district.

11
Sec. 1322. The first deposit of slips NAMES shall take

12
place as soon as the slips are SECOND JURY LIST IS prepared.

13
Slips drawn under previous statutes shall first be removed.

14
Subsequent deposits shall be made when the supply of slips in

15
the board box NAMES is exhausted. An earlier deposit may be

16
ordered by the presiding CHIEF circuit judge. The board shall

17
keep a record of the number of slips NAMES deposited, and the

18
number withdrawn, and UPON REQUEST shall inform the presiding

19
CHIEF circuit judge of the number of slips NAMES remaining. in

20
the board box on request, without opening the box. Nothing

21
herein IN THIS SECTION shall affect the validity of a panel of

22
jurors which was drawn for a term of court before the first

23
deposit of slips NAMES as provided herein IN THIS SECTION.

24
Sec. 1323. If the slips NAMES are not to be immediately

25
deposited in the board box USED, they shall be sealed up by the

26
board and remain in the custody of the board to be deposited

27
when the previous supply of slips in the board box is exhausted

03710'01 * 11

1
UNTIL ADDITIONAL NAMES ARE NEEDED or when ordered by the

2
presiding CHIEF circuit judge.

3
Sec. 1324. (1) From time to time, the presiding CHIEF

4
judge of each court of record and district court in the county

5
shall order the board to draw SELECT jurors for jury service.

6
Each such order shall contain ALL OF the following information:

7
(a) A time limit within which the drawing SELECTION shall

8
be completed.

9
(b) The number of jurors to be drawn SELECTED for a

10
panel.

11
(c) The number of panels to be drawn SELECTED.

12
(d) The court or courts in which each panel shall serve.

13
(e) The period of service of each panel, subject to the

14
provisions of section 1343.

15
(2) Upon the order of the presiding CHIEF circuit judge,

16
jury panels or parts of jury panels drawn SELECTED for any

17
court in the county may be used for jury selection in any court

18
of record or in the district court COUNTY, if jurors on the

19
panel or part of a panel selected for such use are otherwise eli-

20
gible to serve as jurors in the particular court.

21
(3) If a city located in more than 1 county is placed

22
entirely within a single district of the district court pursuant

23
to the provisions of chapter 81, the supreme court by rule shall

24
specify the procedure for compiling the second jury list for that

25
district court DISTRICT so as to include names and addresses of

26
residents from the parts of the counties which comprise such

27
THAT district.

03710'01 * 12

1
Sec. 1326. If a grand jury is ordered by the court, or

2
required by statute, the board shall draw SELECT the names of a

3
sufficient number of persons, as determined by the presiding

4
CHIEF circuit judge, to serve as grand jurors in accordance with

5
the provisions of section 11 of chapter 7 VII of Act No. 175

6
of the Public Acts of 1927, as amended, being section 767.11 of

7
the Compiled Laws of 1948 THE CODE OF CRIMINAL PROCEDURE, 1927

8
PA 175, MCL 767.11. The names shall be drawn SELECTED in the

9
same manner and from the same source as petit jurors. The term

10
of service of grand jurors shall be as prescribed by section 7a

11
of chapter 7 VII of Act No. 175 of the Public Acts of 1927, as

12
added, being section 767.7a of the Compiled Laws of 1948 THE

13
CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL 767.7A.

14
Sec. 1327. A drawing THE SELECTION of jurors shall take

15
place in public within the time limit fixed by the presiding

16
CHIEF circuit judge and at a time and place designated by the

17
board. At the time and place appointed, the clerk or his THE

18
CLERK'S deputy , and a judge or an elected official , other

19
than the clerk, as designated by the presiding CHIEF judge,

20
shall attend to witness and assist in the drawing SELECTION of

21
jurors.

22
Sec. 1328. The board shall proceed in the drawing as here-

23
inafter provided. An SELECTION OF JURORS IN A RANDOM MANNER AS

24
ORDERED BY THE CHIEF CIRCUIT JUDGE AS PROVIDED IN THIS SECTION.

25
A BOARD MEMBER OR AN employee of the board , or a board member,

26
shall shake or turn the board box to fairly mix the slips of

27
paper deposited therein without exposing them. The employee or

03710'01 * 13

1
board member, in the presence of the officer or officers

2
attending, without seeing the names on the slips, shall then draw

3
publicly from the box the names of as many jurors as were ordered

4
by the judge. An attending officer or board member or an

5
employee of the board shall keep a minute of the drawing, in

6
which he shall enter the name written on every slip of paper

7
drawn before any other slip is drawn. SHALL KEEP A RECORD OF THE

8
SELECTION PROCESS, LISTING THE NAMES OF JURORS SELECTED. If the

9
name of a person is drawn SELECTED who is not qualified to

10
serve as a juror to the knowledge of any member of the board, an

11
entry of this fact shall be made on the minute of the drawing,

12
the slip of paper containing his name shall be destroyed, and

13
another slip then drawn in place of that destroyed. The minutes

14
of the drawing RECORD AND THAT PERSON SHALL BE EXCUSED. A

15
RECORD OF THE SELECTION PROCESS shall THEN be signed by the board

16
member and the attending officers and filed in the office of

17
the board. The signature shall constitute a certificate that the

18
minutes are RECORD IS correct and that all provisions of law

19
have been complied with.

20
Sec. 1329. (1) The legality or regularity of the drawing

21
SELECTION OF JURORS shall not be questioned if the minutes

22
RECORD of the drawing are SELECTION IS properly signed. If the

23
name of any person not qualified to serve as a juror is included

24
in the names drawn SELECTED, this fact shall not be a ground of

25
challenge to the array, but only a ground of personal challenge

26
to the person shown to be so disqualified.

03710'01 * 14

1
(2) If the jurors were drawn SELECTED in accordance with

2
this act and the rules of the court, it is not a ground of

3
challenge to a panel or array of jurors that the person who

4
drew SELECTED them was a party or interested in the cause ,

5
or was counsel or attorney for, or related to, either party

6
therein IN THE CAUSE.

7
(3) If the jurors were drawn SELECTED in accordance with

8
this act and the rules of the court, it is not a ground of chal-

9
lenge to a panel or array of jurors that they were summoned by

10
the sheriff who was a party , or interested in the cause, or

11
related to either party therein IN THE CAUSE, unless it is

12
alleged in the challenge and satisfactorily shown that some of

13
the jurors drawn SELECTED were not summoned , and that this

14
omission was intentional.

15
Sec. 1331. The board shall deliver to the clerk lists con-

16
taining the names and addresses of the jurors drawn SELECTED.

17
Sec. 1332. The clerk, JURY BOARD, or sheriff shall summon

18
jurors for court attendance at such times and in such manner as

19
directed by the presiding CHIEF judge or by the judge to whom

20
the action in which jurors are being called for service is

21
assigned. For a juror's first required court appearance, service

22
shall be by a written notice addressed to him THE JUROR at

23
his THE JUROR'S place of residence as shown by the records of

24
the board, which notice may be by ordinary mail or by personal

25
service. For subsequent service notice may be in any manner

26
directed by the judge. The officer giving notice to jurors shall

27
keep a record thereof OF THE SERVICE OF THE NOTICE and shall

03710'01 * 15

1
make a return if directed by the court. Such THE return shall

2
be presumptive evidence of the fact of service.

3
Sec. 1333. A person who is notified to attend as a juror

4
may apply to the presiding CHIEF judge of the court to be

5
excused or have his OR HER term of service postponed on any

6
ground herein provided IN THIS CHAPTER. He OR SHE may apply in

7
person or by a person capable of making the necessary proof of

8
his OR HER claim. An entry of the action of the presiding

9
CHIEF judge upon the application and of the reason therefor FOR

10
THAT ACTION shall be made on the records of the court.

11
Sec. 1334. (1) The presiding CHIEF judge may excuse any

12
juror or jurors from attendance without pay for any portion of

13
the term. The presiding CHIEF judge shall excuse jurors from

14
attendance on days when it is not expected that they will be

15
required. The presiding CHIEF judge may postpone the service

16
of a juror to a later term of court if the juror has not been

17
called for voir dire examination in any action.

18
(2) The judge presiding at the trial of an action may excuse

19
jurors from attendance at such THAT trial for cause.

20
Sec. 1335. (1) The presiding CHIEF judge of the court to

21
which a person is returned as a juror may excuse him THE PERSON

22
from serving when it appears that the interests of the public or

23
of the individual juror will be materially injured by his OR HER

24
attendance , or the health of the juror or that of a member of

25
his OR HER family requires his OR HER absence from court.

26
(2) The presiding CHIEF judge of the court to which a

27
person is returned as a juror shall postpone his THE PERSON'S

03710'01 * 16

1
term of service until the end of the school year if the person is

2
a full-time student enrolled in and attending high school.

3
Sec. 1336. If the presiding CHIEF judge finds that the

4
number of jurors in attendance is greater than that needed, he

5
THE CHIEF JUDGE may order the panel or any part thereof OF THE

6
PANEL discharged for the balance of its term or excused until a

7
day certain therein IN THE TERM. Any juror discharged, but not

8
excused, under this section shall be deemed to have served his OR

9
HER term of service but shall receive compensation only for the

10
time of his OR HER actual service on the panel.

11
Sec. 1337. When the court finds that a person in attendance

12
upon the AT court as a juror is not qualified to serve as a

13
juror, or is exempt and claims an exemption, the court shall dis-

14
charge him OR HER from further attendance and service as a

15
juror.

16
Sec. 1338. (1) When any person is excused from serving on

17
the ground that he OR SHE is exempt by law from serving on juries

18
, or IS not qualified to serve as a juror, the clerk of the

19
court shall destroy the slip containing REMOVE the name of that

20
person FROM THE SECOND JURY LIST.

21
(2) The slip containing the name of any person whose time

22
of service is postponed shall not be returned to the board box.

23
Sec. 1339. The presiding CHIEF judge shall report to the

24
board the names of all jurors whose service has been postponed to

25
a subsequent time, and the names shall be placed upon the list of

26
jurors drawn SELECTED for that time. No more names shall be

27
drawn from the board box than are sufficient to make up the

03710'01 * 17

1
number ordered by adding the names of the jurors so postponed to

2
the names then drawn.

3
Sec. 1340. The clerk of the court OR THE CLERK'S DESIGNEE,

4
within 10 days after the close of each term for which jurors have

5
been drawn SELECTED, shall deliver to the board his certifi-

6
cate specifying distinctly and in detail CERTIFY as follows:

7
(a) The name and residence of each juror who was excused or

8
discharged by the court, with the reason therefor FOR THE

9
EXCUSE OR DISCHARGE.

10
(b) The name and residence of each person notified who did

11
not attend or serve.

12
(c) The name and residence of each person punished for con-

13
tempt as provided in this chapter.

14
Sec. 1341. The presiding CHIEF judge of a court may order

15
additional jurors drawn SELECTED by the board for service

16
during the period of service of a jury panel or a part thereof

17
OF A PANEL. A judge of a court of record or district court may

18
order additional jurors drawn SELECTED by the board for immedi-

19
ate service in a particular case. The order shall specify the

20
number to be drawn, SELECTED and the time and place of

21
drawing SELECTION. If additional jurors are needed for immedi-

22
ate service in a particular case, any member of the jury board

23
may conduct the drawing SELECTION if witnessed by the clerk or

24
his THE CLERK'S deputy and by the judge ordering the drawing

25
SELECTION. Jurors whose names are so drawn SELECTED shall be

26
given notice to attend court in such THE manner as THAT the

27
court directs. Additional jurors so drawn SELECTED shall

03710'01 * 18

1
become members of the panel then serving unless otherwise

2
directed by the presiding CHIEF judge.

3
Sec. 1342. If the board fails to meet and return the second

4
jury list at the time prescribed , or if any list of jurors

5
becomes exhausted or declared illegal, the presiding CHIEF cir-

6
cuit judge may order the board to meet and make a new list of

7
jurors.

8
Sec. 1343. The term of service of petit jurors shall be

9
determined by local court rule but shall not exceed the term of

10
court, unless at the end of this period a juror is serving in

11
connection with an unfinished case, in which event he THE JUROR

12
shall continue to serve, in that case only, until the case in

13
which he OR SHE is serving is finished. Once commenced, the term

14
of service shall be continuous except as provided in sections

15
1334 to 1336.

16
Sec. 1345. A board member shall report to the prosecuting

17
attorney and the presiding CHIEF circuit judge the name of any

18
person who in any manner seeks by request, hint, or suggestion to

19
influence the board or its members in the selection of any

20
juror.

21
Sec. 1346. The following acts are punishable by the circuit

22
court as contempts of court:

23
(a) Failing to answer the questionnaire provided for in sec-

24
tion 1313.

25
(b) Failing to appear before the board or a member thereof

26
OF THE BOARD, without being excused at the time and place

27
notified to appear.

03710'01 * 19

1
(c) Refusing to take an oath or affirmation.

2
(d) Refusing to answer questions pertaining to his OR HER

3
qualifications as a juror, when asked by a member of the board.

4
(e) Failing to attend court, without being excused, at the

5
time specified in the notice, or from day to day, when summoned

6
as a juror.

7
(f) Giving a false certificate, or making a false repre-

8
sentation, or refusing to give information which THAT he OR SHE

9
can give affecting the liability or qualification of a person

10
other than himself OR HERSELF to serve as a juror.

11
(g) Offering, promising, paying, or giving money or anything

12
of value to, or taking money or anything of value from, a person,

13
firm, or corporation for the purpose of enabling himself OR

14
HERSELF or another person to evade service or to be wrongfully

15
discharged, exempted, or excused from service as a juror.

16
(h) Tampering unlawfully in any manner with a jury list ,

17
the board box, the jury box or the slips OR THE JURY SELECTION

18
PROCESS.

19
(i) Wilfully WILLFULLY doing or omitting to do an act with

20
the design to subvert the purpose of this act.

21
(j) Wilfully WILLFULLY omitting to put on the jury list

22
the name of a person qualified and liable for jury duty.

23
(k) Wilfully WILLFULLY omitting to prepare or file a list

24
or slip.

25
(l) Doing , or omitting to do , an act with the
design

26
to prevent the name of a person qualified and liable to serve as

03710'01 * 20

1
a juror from being placed in the board box or jury box, ON A

2
JURY LIST or from being drawn SELECTED for service as a juror.

3
(m) Wilfully WILLFULLY placing the name of a person upon a

4
list , or preparing a slip with the name of a person thereon or

5
placing a slip in the jury box with the name of a person

6
thereon, who is not qualified as a juror.

7
Sec. 1347. (1) A person drawn SELECTED or summoned as a

8
juror who takes anything to give his OR HER verdict or receives

9
any gift or gratuity from any party to an action for the trial of

10
which he OR SHE has been drawn SELECTED or summoned is liable

11
to the party aggrieved for actual damages sustained plus 10 times

12
the amount or value of the thing which he OR SHE has taken, in

13
addition to any criminal punishment to which he OR SHE may be

14
subject by law.

15
(2) An embracer who procures a person drawn SELECTED or

16
summoned as a juror to take gain or profit contrary to the pro-

17
visions of AS PROHIBITED UNDER subsection (1) is liable to the

18
aggrieved party for the actual damages sustained plus 10 times

19
the amount or value of the thing which was taken.

20
Sec. 1372. (1) Sections 1371 to 1376 shall apply only to

21
those districts of the district court, circuits of the circuit

22
court, and county or probate court districts of the probate court

23
, a common pleas court, and municipal courts of record which

24
THAT adopt the one 1 day, one 1 trial jury system.

25
(2) Any court in this state may adopt a one 1 day, one 1

26
trial jury system.

03710'01 * 21

1
Sec. 1374. (1) When the name of a person who is deceased is

2
drawn SELECTED for jury service, the name shall be removed from

3
the qualified jurors' list and that fact may be forwarded to the

4
local clerk. The person's name shall then be removed from the

5
voter registration list.

6
(2) The trial judge, at his or her discretion, may grant a

7
deferral of jury service to an individual if the individual

8
claims that serving on the date he or she is called creates a

9
hardship. If the trial judge grants a deferral, the judge shall

10
determine a future date on which the individual may serve without

11
hardship, and shall direct the board to call the individual on

12
that date.

13
Sec. 1375. (1) The township or city clerk shall annually

14
between April 15 and May 1 deliver to and file with the county

15
clerk a full, current, and accurate copy of the voter registra-

16
tion cards containing the names and addresses of the registered

17
voters. In lieu of a copy of the registration card, a full, cur-

18
rent, and accurate list of those registered together with the

19
current addresses shown on the card may be filed. The clerk

20
shall provide a monthly update of the list or of the registration

21
cards to the county clerk.

22
(2) If electronic or mechanical devices are used by the

23
township, city, or village clerk, the clerk shall provide a copy

24
of the list on computer tapes, punch card, or in any other form

25
as ordered by the board.

26
(3) The board shall secure from the county clerk, and the

27
county clerk shall provide, copies of the current voter

03710'01 * 22

1
registration cards or the current voter registration lists for

2
each precinct in the county. The board shall treat the cards and

3
lists as 1 list, with voters grouped either by precinct or by

4
city, township, or village as they may be provided.

5
(4) The board, in lieu of receiving a list from the county

6
clerk of current registered voters, may, if electronic or mechan-

7
ical devices are used by the township, city, or village clerks,

8
order the clerk to provide only the names and addresses selected

9
by applying the key number and starting number designated by the

10
board.

11
(1) (5) Beginning in 1987, the THE secretary of state

12
shall transmit annually, before April 15, to the clerk of each

13
county a full, current, and accurate copy of a list that combines

14
the driver's license and personal identification cardholder lists

15
pertaining to persons residing in the county. At the request of

16
the board before March 1, the secretary of state shall transmit

17
only a first jury list consisting of the names and addresses of

18
persons selected at random, based on the total number of jurors

19
required as submitted to the secretary of state by the board,

20
using electronic or other mechanical devices. Upon request, the

21
secretary of state shall furnish additional lists to any other

22
federal, state, or local governmental agency, other than the

23
clerk of each county, for the purpose of jury selection. An

24
agency which requests and receives a list shall reimburse the

25
secretary of state for actual costs incurred in the preparation

26
and transmittal of the list and all reimbursements shall be

27
deposited in the state general fund.

03710'01 * 23

1
(2) (6) If an agency uses electronic or mechanical devices

2
to carry out its duties, the agency may request and receive a

3
copy of the combined driver's license and personal identification

4
cardholder list on computer tape or another electronically

5
produced medium under specifications prescribed by the secretary

6
of state. The secretary of state shall establish specifications

7
standardizing the size, format, and content of computer tapes and

8
other media utilized to transmit information used for jury

9
selection.

10
(7) Subsections (1), (2), (3), and (4) shall not apply

11
after December 31, 1986.

12
Enacting section 1. This amendatory act takes effect

13
January 1, 2003.

03710'01 * Final page. DRM