HB-5129, As Passed House, November 12, 2003
October 7, 2003, Introduced by Rep. Howell and referred to the Committee on Judiciary.
[A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 1301a, 1303a, 1304, 1304a, 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,
and 1375 (MCL 600.1301a, 600.1303a, 600.1304, 600.1304a, 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,
and 600.1375), sections 1301a, 1304, 1310, 1312, and
1375 as amended by 1986 PA 104 and section 1307a as amended by
House Bill No. 5129 as amended November 12, 2003
2002 PA 739; and to repeal acts and parts of acts.]
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1301a. (1) Except as provided in subsection (2), this
2 chapter shall govern governs
the selection of juries in the
3 following 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
16 current 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.
[Sec. 1304a. (1) The jury board may use electronic and mechanical devices 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.]
24 Sec. 1305. The jury board shall meet annually in the month
25 of May. at the
court house. The presiding chief circuit judge
1 shall fix the time and place of the annual meeting and may direct
2 the board to meet at other times and places. The board may meet
3 at other times and places necessary to carry out its duties. The
4 secretary of the board shall keep a record of the proceedings of
5 the board. in
a book to be provided for that purpose and the
6 The members of the board shall sign the record, attested by the
7 secretary, which record shall then be evidence in all courts and
8 places of the proceedings of the board.
9 Sec. 1307a. (1) To qualify as a juror a person shall:
10 (a) Be a citizen of the United States, 18 years of age or
11 older, and a resident in the county for which the person is
12 selected, and in the case of a district court in districts of the
13 second and third class, be a resident of the district.
14 (b) Be conversant
with able to communicate in the English
15 language.
16 (c) Be physically and mentally able to carry out the
17 functions of a juror. Temporary inability shall not be
18 considered a disqualification.
19 (d) Not have served as a petit or grand juror in a court of
20 record during the preceding 12 months.
21 (e) Not have been convicted of a felony.
22 (2) A person more than 70 years of age may claim exemption
23 from jury service and shall be exempt upon making the request.
24 (3) For the purposes of this section and sections 1371 to
25 1376, a person has served as a juror if that person has been paid
26 for jury service.
27 (4) For purposes of this section, "felony" means a violation
House Bill No. 5129 as amended November 12, 2003
1 of a penal law of this state, another state, or the United States
2 for which the offender, upon conviction, may be punished by death
3 or by imprisonment for more than 1 year or an offense expressly
4 designated by law to be a felony.
5 Sec. 1308. On or
before each May 1, the presiding chief
6 judge of each court of
record and district court in the county
7 shall estimate the number of jurors that will be needed by their
8 courts for a 1-year period beginning the following September.
9 This estimate shall be
entered on the [journal record] of the court, and a
10 copy thereof of
the estimate shall be certified by the clerk of
11 the court and delivered to the board. In making the estimate,
12 the judge shall consider
the number of slips then in the board
13 box which may be names available for the period for which the
14 estimate is made.
15 Sec. 1309. The board shall secure from the clerk of each
16 court of record and
district court in the county, and each
17 clerk shall provide, a list of persons who have served as jurors,
18 pursuant to the
provisions of this chapter, in their courts
19 during the preceding 1 year.
20 Sec. 1310. (1)
The township or city clerk shall annually
21 between April 15 and
May 1 deliver to and file with the county
22 clerk a full, current,
and accurate copy of the voter
23 registration cards
containing the names and addresses of the
24 registered voters. In
lieu of a copy of the registration card, a
25 full, current, and
accurate list of those registered together
26 with the current
addresses shown on the card may be filed.
27 (2) The board
shall secure from the county clerk, and the
1 county clerk shall
provide, copies of the current voter
2 registration cards or
the current voter registration lists for
3 each precinct in the
county. The board shall treat the cards and
4 lists as 1 list, with
voters grouped either by precinct or by
5 city, township, or
village as they may be provided.
6 (3) The board, in
lieu of receiving a list from the county
7 clerk of current
registered voters, may, if electronic or
8 mechanical devices are
used by the township, city, or village
9 clerks, order the
clerks to provide only the names and addresses
10 selected by applying
the key number and starting number
11 designated by the
board.
12 (1) (4)
Beginning in 1987, the The secretary of state shall
13 transmit annually , before
April 15 to the clerk of each county
14 at no expense a full, current, and accurate copy of a list that
15 combines the driver's license list and personal identification
16 cardholder list pertaining to persons residing in the county. At
17 the request of the board before March 1, the secretary of state
18 shall transmit only a first jury list consisting of the names and
19 addresses of persons selected at random, based on the total
20 number of jurors required as submitted to the secretary of state
21 by the board, using electronic or other mechanical devices. Upon
22 request, the secretary of state shall furnish additional lists to
23 any federal, state, or local governmental agency, other than the
24 clerk of each county, for the purpose of jury selection. An
25 agency which requests and receives a list shall reimburse the
26 secretary of state for actual costs incurred in the preparation
27 and transmittal of the list and all reimbursements shall be
1 deposited in the state general fund.
2 (2) (5) If
an agency uses electronic or mechanical devices
3 to carry out its duties, the agency may request and receive a
4 copy of the combined driver's license and personal identification
5 cardholder list on computer
tape or another any electronically
6 produced medium under specifications prescribed by the secretary
7 of state. The secretary of state shall establish specifications
8 standardizing the size,
format, and content of computer tapes
9 and other media utilized to transmit information used for jury
10 selection.
11 (6) Subsections
(1), (2), and (3) shall not apply after
12 December 31, 1986.
13 Sec. 1312. (1) The
board shall apply the key number
14 uniformly to the names on the list received pursuant to section
15 1310 and compile a list or card index, to be known as the first
16 jury list, which shall include every name and only those names as
17 the application of the key number has designated. The board
18 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.
26 (b) (c) Count
down the list the number of names to reach
27 the starting number. That name shall be placed on the first jury
House Bill No. 5129 as amended November 12, 2003
1 list.
2 (c) (d) Continue
from that name counting down the list,
3 beginning to count again with the number 1, until the key number
4 is reached. That name shall be placed on the first jury list.
5 (d) (e) Repeat
the process provided in subdivision (d)
6 (c) until the whole list has been counted and the names placed on
7 the first jury list.
8 (e) (f) The
board shall then remove from the first jury
9 list the name of any person who its records show served, pursuant
10 to the provisions of this chapter, as a petit or grand juror in
11 any court of record or
district court in the county at any time
12 in the preceding 1 year.
13 (2) The board may
use electronic and mechanical devices in
14 carrying out its
duties under this section.
15 Sec. 1313. (1) The board shall supply a juror
16 qualifications questionnaire to persons on the first jury list.
17 This questionnaire shall contain blanks for the information the
18 board desires, concerning qualifications for, and exemptions
19 from, jury service. Persons on the first jury list are required
20 to return the questionnaire fully answered to the jury board
21 within 10 days after it is received.
22 (2) In any county, the jury questionnaire described in this
23 section and the written summons notice described in section 1332
24 may be provided together in the same mailing.
[(3) If a qualifying questionnaire is returned with an indication by the United States postal service that the person to whom the questionnaire is addressed is deceased, the name of the person shall be removed from the first juror list and that name and circumstance may be forwarded to the local clerk.]
25 Sec. 1315. The juror qualifications questionnaires shall be
26 kept on file by the board for a period of 3 years but the
27 presiding chief circuit judge may order them to be kept
on file
1 for a longer period. The answers to the qualifications
2 questionnaires shall not
be disclosed except that the presiding
3 chief circuit judge may order that access be given to the
4 questionnaires and the answers.
5 Sec. 1316. The presiding
chief circuit judge, or the
6 board, may require any person on the first jury list to appear
7 before a board member at a specified time, for the purpose of
8 testifying under oath or affirmation concerning his or her
9 qualification to serve as a juror, in addition to completing the
10 questionnaire. Notice shall be given, personally or by mail, to
11 a person required to appear not less than 7 days before he or she
12 is to appear before the board. The board shall hold evening
13 sessions as necessary for the examination of prospective jurors
14 who are unable to attend at other times.
15 Sec. 1317. The board may dispense with the personal
16 attendance of a person
notified to appear before the board ,
17 when another person cognizant of facts which will qualify or
18 disqualify the person
from service , or which prevent him the
19 person from appearing is produced and testifies in his or her
20 stead , or when
a board member has personal knowledge of facts
21 , and enters them in his the board member's
report on that
22 person's qualifications.
23 Sec. 1319. The board shall keep a record of the board
24 member's report on each person examined, and a record showing the
25 qualifications to serve as a juror of each person on the first
26 jury list. and
whether or not he is a freeholder.
27 Sec. 1320. (1) The board shall make a preliminary screening
House Bill No. 5129 as amended November 12, 2003 (1 of 2)
1 of the qualifications and exemptions of prospective jurors and
2 shall not include in the second jury list the names of persons it
3 finds not qualified or exempt; but the court may decide upon the
4 qualifications and exemptions of prospective jurors upon a
5 written application and satisfactory legal proof at any time
6 after the jurors attend court.
7 (2) If a prospective juror without legal disqualification or
8 exemption shall apply
applies to the board to be excused from
9 Jury service, the jury board may, with the written approval of
10 the presiding chief
circuit judge, exclude his or her name from
11 the second jury list when it appears that the interests of the
12 public or of the prospective juror will be materially injured by
13 his or her
attendance , or the health of the juror or that of a
14 member of his or her family requires his or her absence from
15 court.
[(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.]
16 Sec. 1321. (1) The names of those persons on the first jury
17 list whom the board accepts as persons qualified for and not
18 exempt from jury service
shall be compiled into a list or card
19 index to be known as the second jury list. The board
shall
20 write the names and
addresses of the persons thus selected, and
21 whether or not the
records of the board show them to be
22 freeholders, on
separate slips of paper of the same size and
23 appearance as nearly
as may be. The board shall fold up each
24 slip of paper in the
same manner so as to conceal the name
25 thereon and shall
deposit it at the times herein provided, in a
26 box, to be called and
labeled the board box. The form and
27 construction of the
board box shall be approved by the chairman
1 or president, and may
from time to time be changed with his
2 approval. Immediately
after preparing the slips the board shall
3 seal the second jury
list. The list shall remain sealed
until
4 otherwise ordered by the presiding
chief circuit judge.
5 (2) The board shall make an additional list consisting of the
6 names on the second jury list segregated by the geographical area
7 of the jurisdiction of each district court district. If there
8 are not sufficient names
on such the segregated list for any
9 district court district, the board shall apply again the key
10 number to that district only and obtain as many additional jurors
11 as needed for such that
district.
12 Sec. 1322. The first
deposit of slips names shall take
13 place as soon as the slips
are second jury list is prepared.
14 Slips drawn under
previous statutes shall first be removed.
15 Subsequent deposits shall
be made when the supply of slips in
16 the board box names is exhausted. An earlier deposit may be
17 ordered by the presiding
chief circuit judge. The board shall
18 keep a record of the
number of slips names deposited, and the
19 number withdrawn, and upon
request shall inform the presiding
20 chief circuit judge of
the number of slips names remaining. in
21 the board box on
request, without opening the box. Nothing
22 herein shall affect in this section affects the validity of a
23 panel of jurors which
that was drawn for a term of court before
24 the first deposit of slips
names as provided herein in this
25 section.
26 Sec. 1323. If the slips
names are not to be immediately
27 deposited in the
board box used, they shall be
sealed up by the
1 board and remain in the
custody of the board to be deposited
2 when the previous
supply of slips in the board box is exhausted
3 until additional names are needed or when ordered by the
4 presiding chief circuit judge.
5 Sec. 1324. (1) From
time to time, the presiding chief
6 judge of each court of
record and district court in the county
7 shall order the board to draw
select jurors for jury service.
8 Each such order shall contain all of the following information:
9 (a) A time limit
within which the drawing selection shall
10 be completed.
11 (b) The number of
jurors to be drawn selected for a panel.
12 (c) The number of
panels to be drawn selected.
13 (d) The court or courts in which each panel shall serve.
14 (e) The period of
service of each panel, subject to the
15 provisions of section 1343.
16 (2) Upon the order of
the presiding chief circuit judge,
17 jury panels or parts of
jury panels drawn selected for any
18 court in the county may be used for jury selection in any court
19 of record or in
the district court county, if jurors on the
20 panel or part of a panel selected for such use are otherwise
21 eligible to serve as jurors in the particular court.
22 (3) If a city located in more than 1 county is placed
23 entirely within a single district of the district court pursuant
24 to the provisions of chapter
81, the supreme court by rule
25 shall specify the procedure for compiling the second jury list
26 for that district court district so as to include names and
27 addresses of residents from the parts of the counties which
1 comprise such that
district.
2 Sec. 1326. If a grand jury is ordered by the court, or
3 required by statute, the
board shall draw select the names of a
4 sufficient number of
persons, as determined by the presiding
5 chief circuit judge, to serve as grand jurors in accordance with
6 the provisions of section
11 of chapter 7 VII of Act No. 175
7 of the Public Acts of
1927, as amended, being section 767.11 of
8 the Compiled Laws of
1948 the code of criminal
procedure, 1927
9 PA 175, MCL 767.11. The
names shall be drawn selected in the
10 same manner and from the same source as petit jurors. The term
11 of service of grand jurors shall be as prescribed by section 7a
12 of chapter 7 VII
of Act No. 175 of the Public Acts of 1927, as
13 added, being section
767.7a of the Compiled Laws of 1948 the
14 code of criminal procedure, 1927 PA 175, MCL 767.7a.
15 Sec. 1327. A
drawing The selection of jurors shall take
16 place in public within
the time limit fixed by the presiding
17 chief circuit judge and at a time and place designated by the
18 board. At the time and
place appointed, the clerk or his the
19 clerk's deputy , and
a judge or an elected official , other
20 than the clerk, as
designated by the presiding chief judge,
21 shall attend to witness
and assist in the drawing selection of
22 jurors.
23 Sec. 1328. The board
shall proceed in the drawing as
24 hereinafter provided.
An selection of jurors in a
random manner
25 as ordered by the chief circuit judge as provided in this
26 section. A board member or an employee of the board , or a
27 board member, shall
shake or turn the board box to fairly mix the
1 slips of paper
deposited therein without exposing them. The
2 employee or board
member, in the presence of the officer or
3 officers attending,
without seeing the names on the slips, shall
4 then draw publicly
from the box the names of as many jurors as
5 were ordered by the
judge. An attending officer or board member
6 or an employee of the
board shall keep a minute of the drawing,
7 in which he shall
enter the name written on every slip of paper
8 drawn before any other
slip is drawn. shall keep a
record of the
9 selection process, listing the names of jurors selected. If the
10 name of a person is drawn
selected who is not qualified to
11 serve as a juror to the knowledge of any member of the board, an
12 entry of this fact shall
be made on the minute of the drawing,
13 the slip of paper
containing his name shall be destroyed, and
14 another slip then
drawn in place of that destroyed. The minutes
15 of the drawing record and that person shall be excused. A
16 record of the selection process shall then be signed by the board
17 member and the
attending officers and filed in the office of
18 the board. The signature
shall constitute constitutes a
19 certificate that the minutes
are record is correct and that all
20 provisions of law have been complied with.
21 Sec. 1329. (1) The
legality or regularity of the drawing
22 selection of jurors shall
not be questioned if the minutes
23 record of the drawing
are selection is properly signed. If the
24 name of any person not qualified to serve as a juror is included
25 in the names drawn selected,
this fact shall not be a ground of
26 challenge to the array, but only a ground of personal challenge
27 to the person shown to be so disqualified.
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
9 challenge to a panel or array of jurors that they were summoned
10 by 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
16 containing the names and
addresses of the jurors drawn
17 selected.
18 Sec. 1332. The clerk, jury board, or sheriff shall summon
19 jurors for court attendance at such times and in such manner as
20 directed by the presiding
chief judge or by the judge to whom
21 the action in which jurors are being called for service is
22 assigned. For a juror's first required court appearance, service
23 shall be by a written
notice addressed to him the juror at
24 his the juror's place of residence as shown by the
records of
25 the board, which notice may be by ordinary mail or by personal
26 service. For subsequent service notice may be in any manner
27 directed by the judge. The officer giving notice to jurors shall
1 keep a record thereof
of the service of the notice and shall
2 make a return if directed
by the court. Such The return shall
3 be presumptive evidence of the fact of service.
4 Sec. 1333. A person who is notified to attend as a juror
5 may apply to the presiding
chief judge of the court to be
6 excused or have his or her term of service postponed on any
7 ground herein provided
in this chapter. He or she may apply in
8 person or by a person capable of making the necessary proof of
9 his or her claim.
An entry of the action of the presiding
10 chief judge upon the
application and of the reason therefor for
11 that action shall be made on the records of the court.
12 Sec. 1334. (1) The presiding
chief judge may excuse any
13 juror or jurors from attendance without pay for any portion of
14 the term. The presiding
chief judge shall excuse jurors from
15 attendance on days when it is not expected that they will be
16 required. The presiding
chief judge may postpone the service
17 of a juror to a later term of court if the juror has not been
18 called for voir dire examination in any action.
19 (2) The judge presiding at the trial of an action may excuse
20 jurors from attendance at
such that trial for cause.
21 Sec. 1335. (1) The presiding
chief judge of the court to
22 which a person is
returned as a juror may excuse him the person
23 from serving when it appears that the interests of the public or
24 of the individual juror will be materially injured by his or her
25 attendance , or
the health of the juror or that of a member of
26 his or her family requires his or her absence from court.
27 (2) The presiding
chief judge of the court to which a
1 person is returned as a
juror shall postpone his the person's
2 term of service until the end of the school year if the person is
3 a full-time student enrolled in and attending high school.
4 Sec. 1336. If the presiding
chief judge finds that the
5 number of jurors in
attendance is greater than that needed, he
6 the chief judge may order
the panel or any part thereof of the
7 panel discharged for the balance of its term or excused until a
8 day certain therein in
the term. Any juror discharged, but not
9 excused, under this
section shall be deemed is considered to
10 have served his or her term of service but shall receive
11 compensation only for the time of his or her actual service on
12 the panel.
13 Sec. 1337. When the court finds that a person in attendance
14 upon the at court as a juror is not qualified to serve
as a
15 juror, or is exempt and claims an exemption, the court shall
16 discharge him or her from further attendance and service as a
17 juror.
18 Sec. 1338. (1) When
any person is excused from serving on
19 the ground that he or she is exempt by law from serving on juries
20 , or is not qualified to serve as a juror, the
clerk of the
21 court shall destroy
the slip containing remove the name of that
22 person from the second jury list.
23 (2) The slip
containing the name of any person whose time
24 of service is
postponed shall not be returned to the board box.
25 Sec. 1339. The presiding
chief judge shall report to the
26 board the names of all jurors whose service has been postponed to
27 a subsequent time, and the names shall be placed upon the list of
1 jurors drawn selected
for that time. No more names shall be
2 drawn from the board
box than are sufficient to make up the
3 number ordered by
adding the names of the jurors so postponed to
4 the names then drawn.
5 Sec. 1340. The clerk of the court or the clerk's designee,
6 within 10 days after the close of each term for which jurors have
7 been drawn selected,
shall deliver to the board his
8 certificate specifying
distinctly and in detail certify
as
9 follows:
10 (a) The name and residence of each juror who was excused or
11 discharged by the court,
with the reason therefor for the
12 excuse or discharge.
13 (b) The name and residence of each person notified who did
14 not attend or serve.
15 (c) The name and residence of each person punished for
16 contempt as provided in this chapter.
17 Sec. 1341. The presiding
chief judge of a court may order
18 additional jurors drawn
selected by the board for service
19 during the period of
service of a jury panel or a part thereof
20 of a panel. A judge of a
court of record or district court may
21 order additional jurors drawn
selected by the board for
22 immediate service in a particular case. The order shall specify
23 the number to be drawn,
selected and the time and place of
24 drawing selection. If additional jurors are needed
for
25 immediate service in a particular case, any member of the jury
26 board may conduct the drawing
selection if witnessed by the
27 clerk or his the
clerk's deputy and by the judge ordering the
1 drawing selection. Jurors whose names are so drawn
selected
2 shall be given notice to
attend court in such the manner as
3 that the court directs.
Additional jurors so drawn selected
4 shall become members of the panel then serving unless otherwise
5 directed by the presiding
chief judge.
6 Sec. 1342. If the board fails to meet and return the second
7 jury list at the time
prescribed , or if any list of jurors
8 becomes exhausted or
declared illegal, the presiding chief
9 circuit judge may order the board to meet and make a new list of
10 jurors.
11 Sec. 1343. The term of service of petit jurors shall be
12 determined by local court rule but shall not exceed the term of
13 court, unless at the end of this period a juror is serving in
14 connection with an
unfinished case, in which event he the juror
15 shall continue to serve, in that case only, until the case in
16 which he or she is serving is finished. Once commenced, the term
17 of service shall be continuous except as provided in sections
18 1334 to 1336.
19 Sec. 1345. A board member shall report to the prosecuting
20 attorney and the presiding
chief circuit judge the name of any
21 person who in any manner seeks by request, hint, or suggestion to
22 influence the board or its members in the selection of any
23 juror.
24 Sec. 1346. The following acts are punishable by the circuit
25 court as contempts of court:
26 (a) Failing to answer the questionnaire provided for in
27 section 1313.
1 (b) Failing to appear
before the board or a member thereof
2 of the board, without being excused at the time and place
3 notified to appear.
4 (c) Refusing to take an oath or affirmation.
5 (d) Refusing to answer questions pertaining to his or her
6 qualifications as a juror, when asked by a member of the board.
7 (e) Failing to attend court, without being excused, at the
8 time specified in the notice, or from day to day, when summoned
9 as a juror.
10 (f) Giving a false
certificate, or making a false
11 representation, or
refusing to give information which that he
12 or she can give affecting the liability or qualification of a
13 person other than himself or herself to serve as a juror.
14 (g) Offering, promising, paying, or giving money or anything
15 of value to, or taking money or anything of value from, a person,
16 firm, or corporation for the purpose of enabling himself or
17 herself or another person to evade service or to be wrongfully
18 discharged, exempted, or excused from service as a juror.
19 (h) Tampering
unlawfully in any manner with a jury list ,
20 the board box, the
jury box or the slips or the jury
selection
21 process.
22 (i) Wilfully Willfully
doing or omitting to do an act with
23 the design to subvert the purpose of this act.
24 (j) Wilfully Willfully
omitting to put on the jury list the
25 name of a person qualified and liable for jury duty.
26 (k) Wilfully Willfully
omitting to prepare or file a list
27 or slip.
House Bill No. 5129 as amended November 12, 2003
1 (l) Doing , or omitting to do , an act
with the [design
2 ] to prevent the name of a person qualified and liable to
3 serve as a juror from
being placed in the board box or jury
4 box, on a jury list or from being drawn selected
for service
5 as a juror.
6 (m) Wilfully Willfully
placing the name of a person upon a
7 list , or preparing a
slip with the name of a person thereon or
8 placing a slip in the
jury box with the name of a person
9 thereon, who is not qualified as a juror.
10 Sec. 1347. (1) A
person drawn selected or summoned as a
11 juror who takes anything to give his or her verdict or receives
12 any gift or gratuity from any party to an action for the trial of
13 which he or she
has been drawn selected or summoned is liable
14 to the party aggrieved for actual damages sustained plus 10 times
15 the amount or value of the thing which he or she has taken, in
16 addition to any criminal punishment to which he or she may be
17 subject by law.
18 (2) An embracer embraceor
who procures a person drawn
19 selected or summoned as a
juror to take gain or profit contrary
20 to the provisions of as prohibited under subsection (1) is
21 liable to the aggrieved party for the actual damages sustained
22 plus 10 times the amount or value of the thing which was taken.
23 Sec. 1372. (1)
Sections 1371 to 1376 shall apply only to
24 those districts of the district court, circuits of the circuit
25 court, and county or probate court districts of the probate court
26 , a common pleas
court, and municipal courts of record which
27 that adopt the one 1
day, one 1 trial jury system.
House Bill No. 5129 as amended November 12, 2003
1 (2) Any court in this
state may adopt a one 1 day, one 1
2 trial jury system.
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15 Sec. 1375. (1)
The township or city clerk shall annually
16 between April 15 and
May 1 deliver to and file with the county
17 clerk a full, current,
and accurate copy of the voter
18 registration cards
containing the names and addresses of the
19 registered voters. In
lieu of a copy of the registration card, a
20 full, current, and
accurate list of those registered together
21 with the current
addresses shown on the card may be filed. The
22 clerk shall provide a
monthly update of the list or of the
23 registration cards to
the county clerk.
24 (2) If electronic
or mechanical devices are used by the
25 township, city, or
village clerk, the clerk shall provide a copy
26 of the list on
computer tapes, punch card, or in any other form
27 as ordered by the
board.
1 (3) The board
shall secure from the county clerk, and the
2 county clerk shall
provide, copies of the current voter
3 registration cards or
the current voter registration lists for
4 each precinct in the
county. The board shall treat the cards and
5 lists as 1 list, with
voters grouped either by precinct or by
6 city, township, or
village as they may be provided.
7 (4) The board, in
lieu of receiving a list from the county
8 clerk of current
registered voters, may, if electronic or
9 mechanical devices are
used by the township, city, or village
10 clerks, order the clerk
to provide only the names and addresses
11 selected by applying
the key number and starting number
12 designated by the
board.
13 (1) (5)
Beginning in 1987, the The secretary of state shall
14 transmit annually, before April 15, to the clerk of each county a
15 full, current, and accurate copy of a list that combines the
16 driver's license and personal identification cardholder lists
17 pertaining to persons residing in the county. At the request of
18 the board before March 1, the secretary of state shall transmit
19 only a first jury list consisting of the names and addresses of
20 persons selected at random, based on the total number of jurors
21 required as submitted to the secretary of state by the board,
22 using electronic or other mechanical devices. Upon request, the
23 secretary of state shall furnish additional lists to any other
24 federal, state, or local governmental agency, other than the
25 clerk of each county, for the purpose of jury selection. An
26 agency which requests and receives a list shall reimburse the
27 secretary of state for actual costs incurred in the preparation
House Bill No. 5129 as amended November 12, 2003
1 and transmittal of the list and all reimbursements shall be
2 deposited in the state general fund.
3 (2) (6) If
an agency uses electronic or mechanical devices
4 to carry out its duties, the agency may request and receive a
5 copy of the combined driver's license and personal identification
6 cardholder list on computer tape or another electronically
7 produced medium under specifications prescribed by the secretary
8 of state. The secretary of state shall establish specifications
9 standardizing the size, format, and content of computer tapes and
10 other media utilized to transmit information used for jury
11 selection.
12 (7) Subsections
(1), (2), (3), and (4) shall not apply after
13 December 31, 1986.
[Enacting section 1. Section 1374 of 1961 PA 236, MCL 600.1374, is repealed.]
14 Enacting section [2]. This amendatory act takes effect
15 January 1, 2004.