February 1, 2005, Introduced by Senator HAMMERSTROM and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 1307a, 1314, 1320, 1333, 1334, 1335, 1337,
1343, 1346, and 1348 (MCL 600.1307a, 600.1314, 600.1320, 600.1333,
600.1334, 600.1335, 600.1337, 600.1343, 600.1346, and 600.1348),
sections 1307a, 1320, 1333, 1334, 1335, 1337, 1343, and 1346 as
amended by 2004 PA 12 and section 1348 as amended by 1982 PA 234,
and by adding section 1344a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1307a. (1) It is the policy of this state that all
qualified citizens have an obligation to serve on petit juries when
summoned by the courts of this state, unless excused.
(2) (1) To qualify as a juror, a
person shall comply with
all of the following conditions:
(a) Be a citizen of the United States, 18 years of age or
older, and a resident in the county for which the person 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 shall not be considered a
disqualification.
(c) (d)
Not have served as a petit or
grand juror in a
court of record during the preceding 12 months.
(d) (e)
Not have been convicted of a
felony.
(3) (2)
A person more than 70 years of age
may claim
exemption from jury service and shall be exempt upon making the
request.
(4) (3)
For the purposes of this section
and sections 1371
to 1376, a person has served as a juror if that person has been
paid for jury service.
(5) (4)
For purposes of As used in this section, "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.
Sec. 1314. On the basis of answers to the juror qualifications
questionnaires, the board may excuse from service persons on the
first
jury list who claim exemption and give satisfactory proof of
such
right, and all persons who are not
qualified for jury
service. The board may investigate the accuracy of the answers to
the questionnaires and may call upon all law enforcement agencies
for assistance in the investigation.
Sec. 1320. (1) The board shall make a preliminary screening of
the
qualifications and exemptions of prospective jurors and shall
not include in the second jury list the names of persons it finds
not
qualified; or exempt; but the court may decide upon
the
qualifications
and exemptions of prospective jurors upon a
written application and satisfactory legal proof at any time after
the jurors attend court.
(2)
If a prospective juror without legal disqualification or
exemption
applies to the board to be excused from jury service, the
jury
board may, with the written approval of the chief circuit
judge,
exclude his or her name from the second jury list when it
appears
that the interests of the public or of the prospective
juror
will be materially injured by his or her attendance or the
health
of the juror or that of a member of his or her family
requires
his or her absence from court.
(2) (3)
If the name of a person who is
deceased is selected
for jury service, the name shall be removed from the second jury
list and that fact may be forwarded to the local clerk.
(4)
The trial judge, at his or her discretion, may grant a
deferral
of jury service to a person if the person claims that
serving
on the date he or she is called creates a hardship. If the
trial
judge grants a deferral, the judge shall determine a future
date
on which the person may serve without hardship, and shall
direct
the board to call the person on that date.
Sec. 1333. (1) A person who is notified to attend as a juror
may
apply to the chief judge of the court to be excused or have
his
or her term of service postponed. on any ground provided in
this
chapter. He or she may apply in person or by a person capable
of
making the necessary proof of his or her claim. An entry of the
action
of the chief judge upon the application and of the reason
for
that action shall be made on the records of the court. Except
as provided in subsection (3) and section 1348(4), a person may
have his or her term of service postponed under this section only
once.
(2) The judge shall grant a requested postponement if all of
the following apply:
(a) The prospective juror has not previously been granted a
postponement.
(b) The prospective juror appears in person or contacts the
clerk of the court by telephone, by electronic mail, or in writing
to request the postponement.
(c) Before the grant of a postponement, the prospective juror
fixes a date on which he or she will appear for jury service that
is not more than 6 months after the date on which the prospective
juror was called to serve and is a date on which the court will be
in session.
(3) A second postponement of jury service for a prospective
juror may be approved by a judge only in the event of an extreme
emergency, such as a death in the family, sudden grave illness, a
natural disaster, or a national emergency in which the prospective
juror is personally involved, that could not have been anticipated
when the initial postponement was granted. Before granting a second
postponement, the prospective juror must fix a date on which he or
she will appear for jury service that is not more than 6 months
after the date on which the juror was called to serve and is a date
on which the court will be in session.
(4) An individual who does not appear in person on the date
scheduled for jury service and who has not obtained a postponement
under subsections (1) to (3), or who does not appear on the date
fixed pursuant to subsection (2)(c) or (3), is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not more than $500.00, or both.
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 will be required. The chief judge may postpone
the
service of a juror to a later term of court if the juror has
not
been called for voir dire examination in any action.
(2) The judge presiding at the trial of an action may excuse
jurors from attendance at that trial for cause.
Sec. 1335. (1) The chief judge of the court to which a person
is returned as a juror may excuse the person from serving when it
appears
that the interests of the public or of the individual
juror
will be materially injured by his
or her attendance. or the
health
of the juror or that of a member of his or her family
requires
his or her absence from court.
(2) The chief judge of the court to which a person is returned
as a juror shall postpone the person's term of service until the
end of the school year if the person is a full-time student
enrolled in and attending high school.
(3) Upon application by a prospective juror, the chief judge
may excuse that individual from jury service for a period of up to
24 months, instead of granting a postponement, in either of the
following situations:
(a) The prospective juror has a mental or physical condition
that causes him or her to be incapable of performing jury service.
The juror, or the juror's personal representative, must provide the
court with documentation from a licensed physician verifying that a
mental or physical condition renders the person unfit for jury
service for a period of up to 24 months.
(b) Jury service would cause undue or extreme physical or
financial hardship to the prospective juror or a person under the
prospective juror's care or supervision. As used in this section,
"undue or extreme physical or financial hardship" means any of the
following:
(i) The prospective juror would be required to abandon a person
under his or her personal care or supervision due to the
impossibility of obtaining an appropriate substitute caregiver
during the period of participation in the jury pool or on the jury.
(ii) The prospective juror would incur costs that would have a
substantial adverse impact on the payment of his or her necessary
daily living expenses or on those for whom he or she provides the
principal means of support.
(iii) The prospective juror would suffer physical hardship that
would result in illness or disease.
(4) A judge of the court for which the individual was called
to jury service shall make determinations as to undue or extreme
physical or financial hardship. The authority to make these
determinations is delegable only to court officials or personnel
who are authorized by law to function as members of the judiciary.
(5) A determination of undue or extreme physical or financial
hardship shall not be based solely on the fact that a prospective
juror will be required to be absent from his or her place of
employment.
(6) A prospective juror asking a judge to grant an excuse
based on a finding of undue or extreme physical or financial
hardship must take all actions necessary to obtain a ruling on that
request no later than the date on which the individual is scheduled
to appear for jury duty. The prospective juror shall provide the
judge with documentation, such as federal and state income tax
returns, medical statements from licensed physicians, proof of
dependency or guardianship, or similar documents, which the judge
finds to clearly support the request to be excused. Failure to
provide satisfactory documentation shall result in a denial of the
request to be excused.
(7) Except as provided in subsection (8), a person becomes
eligible once again for qualification as a juror upon the
expiration of 24 months after being excused under this section.
(8) A judge may excuse a person from jury service permanently
if the judge determines that the underlying grounds for being
excused are of a permanent nature.
Sec. 1337. When the court finds that a person in attendance at
court as a juror is not qualified to serve as a juror, or is exempt
under section 1307a and claims an exemption, the court shall
discharge him or her from further attendance and service as a
juror.
Sec.
1343. The term of service of petit jurors shall be
determined
by local court rule but shall not exceed the term of
court,
no longer than 1 court day
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 is serving is finished. Once commenced,
the term of service shall be continuous except as provided in
sections 1334 to 1336.
Sec. 1344a. (1) The supreme court shall promulgate rules to
establish a lengthy trial fund that shall be used to provide full
or partial wage replacement or wage supplementation to jurors who
serve as petit jurors for more than 10 days. The court rules shall
provide for the following:
(a) The selection and appointment of an administrator for the
fund.
(b) Procedures for the administration of the fund, including
payments of salaries of the administrator and other necessary
personnel.
(c) Procedures for the accounting, auditing, and investment of
money in the fund.
(d) A report by the supreme court on the administration of the
fund in its annual report on the judicial branch, detailing the
money collected for and disbursed from the fund.
(2) In addition to any other fees required by law, each trial
court in the state shall collect from each attorney who files a
civil action, unless otherwise exempted under this section, a fee
of $10.00 per case to be paid into the lengthy trial fund. An
attorney is considered to have filed a case when the first pleading
or other filing on which an individual attorney's name appears is
submitted to the court for filing and opens a new case. The fees
shall be forwarded to the administrator of the lengthy trial fund
for deposit in the fund.
(3) The administrator shall use the money in the lengthy trial
fund to pay full or partial wage replacement or supplementation to
jurors whose employers pay less than full regular wages when the
period of jury service lasts more than 10 days. Only jury service
occurring after the effective date of this section qualifies for
payment under this section.
(4) The court may pay replacement or supplemental wages of up
to $300.00 per day per juror beginning on the eleventh day of jury
service. In addition, for any jurors who qualify for the payment by
virtue of having served on a jury for more than 10 days, the court,
upon finding that the juror's service posed a significant financial
hardship, even in light of payments made with respect to jury
service after the tenth day, may award replacement or supplemental
wages of up to $100.00 per day from the fourth to the tenth day of
jury service.
(5) A juror whose jury service qualifies for payment from the
lengthy trial fund may submit a request for payment from the
lengthy trial fund on a form provided by the administrator. Payment
is limited to the difference between the state-paid jury fee and
the actual amount of wages a juror earns, up to the maximum level
payable, minus any amount the juror actually receives from the
employer during the same period.
(6) The form provided by the administrator shall require
disclosure of the juror's regular wages, the amount the employer
will pay during the term of jury service starting on the eleventh
day and after, the amount of replacement or supplemental wages
requested, and any other information the administrator considers
necessary.
(7) Before receiving payment from the fund, the juror also
shall be required to submit verification from his or her employer
as to the wage information provided to the administrator. For
example, the juror may be required to submit his or her most recent
earnings statement or similar document.
(8) If an individual is self-employed or receives compensation
other than wages, the individual may provide a sworn affidavit
attesting to his or her approximate gross weekly income, together
with any other information the administrator may require, in order
to to verify weekly income.
(9) The following attorneys and causes of action are exempt
from payment of the lengthy trial fund fee:
(a) Government attorneys entering appearances in the course of
their official duties.
(b) Pro se litigants.
(c) Cases in the small claims division of district court.
(d) Claims seeking social security disability determinations;
individual veterans' compensation or disability determinations;
recoupment actions for government-backed educational loans or
mortgages; child custody and support cases; actions brought in
forma pauperis; and any other filings designated by rule that
involve minimal use of court resources and that customarily are not
afforded the opportunity for a trial by jury.
Sec. 1346. The following acts are punishable by the circuit
court as contempts of court:
(a) Failing to answer the questionnaire provided for in
section 1313.
(b) Failing to appear before the board or a member of the
board, without being excused at the time and place notified to
appear.
(c) Refusing to take an oath or affirmation.
(d) Refusing to answer questions pertaining to his or her
qualifications as a juror, when asked by a member of the board.
(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.
(e) (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 other
than himself or herself to serve as a juror.
(f) (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 to evade service or to be wrongfully
discharged, exempted, or excused from service as a juror.
(g) (h)
Tampering unlawfully in any manner
with a jury list
or the jury selection process.
(h) (i)
Willfully doing or omitting to do
an act with the
design to subvert the purpose of this act.
(i) (j)
Willfully omitting to put on the
jury list the name
of a person qualified and liable for jury duty.
(j) (k)
Willfully omitting to prepare or
file a list or
slip.
(k) (l) Doing
or omitting to do an act with the design to
prevent the name of a person qualified and liable to serve as a
juror from being placed on a jury list or from being selected for
service as a juror.
(l) (m)
Willfully placing the name of a
person upon a list
who is not qualified as a juror.
Sec. 1348. (1) An employer or the employer's agent, who
threatens to discharge or discipline or who discharges,
disciplines, or causes to be discharged from employment or to be
disciplined, or takes any adverse employment action against, a
person because that person is summoned for jury duty, serves on a
jury,
or has served on a jury, is guilty of a misdemeanor , and
may also be punished for contempt of court.
(2) An employer or the employer's agent who requires a person
having jury duty to work any number of hours during a day which, if
added
to the number of hours which that the person spends on jury
duty during that day, exceeds the number of hours normally and
customarily
worked by the person during a day , or the number of
hours
normally and customarily worked by the person during a day
which
that extends beyond the
normal and customary quitting time
of
that person unless voluntarily agreed to by that person , or
as provided in a collective bargaining agreement is guilty of a
misdemeanor
, and may also be punished for contempt of court.
(3) An employer shall not require an employee to use annual,
vacation, or sick leave for time spent responding to a summons for
jury duty, time spent participating in the jury selection process,
or time spent actually serving on a jury. This subsection does not
require an employer to provide annual, vacation, or sick leave to
employees under this act who otherwise are not entitled to those
benefits under company policies.
(4) A court shall automatically postpone and reschedule the
service of a summoned juror of an employer with 5 or fewer full-
time employees, or their equivalent, if another employee of that
employer has previously been summoned to appear during the same
period. That postponement does not affect an individual's right to
1 automatic postponement under section 1333.