Jury pool selection-archaic language.

WORKING DRAFT

ORIGINAL HOUSE
BILL

NO.
0033

ENROLLED ACT NO. 20, HOUSE OF REPRESENTATIVES

SIXTY-SECOND LEGISLATURE OF THE STATE OF WYOMING
2014 BUDGET SESSION

AN ACT relating to

juries
; updating
, amending, conforming,
and
repealing
provisions relating to selection of jurors;
and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.
W.S. 1
‑
11
‑
106(a),
1
‑
11
‑
109(a)
,
(c)
,
(d)
(intro) and (i) through (iii)
, 1
‑
11
‑
113(a), 1
‑
11
‑
116
,
1
‑
11
‑
118, 1
‑
11
‑
120, 1
‑
11
‑
123
,

1
‑
11
‑
125
,
1
‑
11
‑
129
,
7
‑
5
‑
102, 7
‑
5
‑
303,
14
‑
3
‑
423(b),
14
‑
6
‑
223(c) and
14
‑
6
‑
423(b)

are amended to read:

1
‑
11
‑
106.

Jury list
s
; preparation of
base jury lists
;
selecting
jury panel; certificate and summons.

(a)

The list of persons qualified to serve as trial jurors, compiled pursuant to W.S. 1
‑
11
‑
129, is the base jury list for the district court and the circuit court from April 1 of the year in which the list is certified and delivered through March 31 of the following year.
By order of the district judge or circuit judge, for their respective courts,
t
he base jury list may be expanded by including some other source or sources of names in addition to voter lists.
After the list is delivered and supplemented when applicable, s
uitable ballots shall be prepared and deposited in a box known as and plainly marked "jury box number one".
Upon order of the court, the clerk of the district court
, sheriff and county
treasurer shall

draw

from jury box number one
a panel of trial jurors, which shall contain

such

shall s
elect
a panel of prospective trial jurors from the base jury list for the county. The clerk shall select the

number of
names

prospective jurors
as specified by the court
.

1
‑
11
‑
109.

Procedure for
selecting
jury; contents of certificate; summons.

(a)

The clerk
shall
shake the box containing the names of the regular jurors so as to mix the ballots therein as well as possible. He shall then draw from the box as many ballots as are ordered by the
court

choose the prospective jurors
from the base jury list
using a random method of selection
.

(c)

If
the n
ame of

any person
is drawn who

selected
is not competent to serve as a trial juror, and the incompetence shall be made to appear to the satisfaction of the court, the name of the person shall be stricken from the jury list
.
, the ballot containing the name shall be destroyed
, and such fact shall be entered in the minutes of the court.

(d)

When the necessary number of jurors has been
drawn

randomly selected
, the clerk shall make and certify a list of the names
drawn

selected
. The certificate shall state:

(i)

The date of the court order for the
drawing

selection
;

(ii)

The date of the
drawing

selection
;

(iii)

The number of jurors
drawn

selected
;

1
‑
11
‑
113.

Completion of jury panel.

(a)

The persons

drawn from jury box number one and certified as trial jurors
summoned by the clerk

shall appear in answer to the summons and be examined as to their qualifications. I
f after all qualified trial jurors have
been accepted it appears that there are not enough in attendance, the court shall order the clerk to
draw from jury box number one
randomly select

the necessary number of names

from the base jury list
to complete the jury panel, and the clerk shall continue to
draw from that box

randomly select names
until a sufficient number of jurors are obtained. The persons so
drawn
selected

shall be summoned to appear.

1
‑
11
‑
116.

Empaneling of jury.

At the opening of court on the day that trial jurors are summoned to appear, the clerk shall call the names of those summoned. The court shall hear the jurors summoned, and shall excuse those whom the court finds are exempt, disqualified or have material cause for being excused.

The clerk shall write the names of the jurors present and not excused upon separate ballots, fold the ballots so that the names are concealed, and deposit the ballots in a sealed box numbered two. The box shall remain sealed until ordered by the court to be opened.

1
‑
11
‑
118.

Procedure upon exhaustion of
prospective jurors
during empaneling.

If at any time duri
ng the empaneling of a jury all

t
he
ballots

contained in box number two

names selected for the panel
are exhausted, the court shall enter an order directing that such
additional

number
of names as necessary be
drawn from box number
one

randomly
selected
from the base jury list
.
The court may excuse any jurors so
drawn
selected

if it appears that, because of distance, the delay occasioned by summoning the juror and requiring his presence would unduly prolong empaneling the trial jury. The clerk shall
forthwith
summon the persons
drawn
selected
and not excused

to appear in court immediately.
The names of those accepted by the court shall be placed in box number two and shall be drawn therefrom to complete the jury.
The process shall continue from time to time when necessary until a jury is obtained.

1
‑
11
‑
120.

Persons sworn to constitute jury; generally.

The first six (6) persons, or twelve (12) if demanded, who appear as their names are
drawn
randomly selected

and are approved as indifferent between the parties and not discharged or excused shall be sworn and constitute the jury to try the issue.

1
‑
11
‑
123.

Discharge of jurors; absent or excused jurors.

The
ballot containing the

name of a juror who is absent when his name is
drawn

selected
, or is set aside, or excused from serving on that trial shall
be r
eturned to the box containing the undrawn ballots

as soon as the jury is sworn

remain on
the base
jury
list
.

1
‑
11
‑
125.

Procedure when sufficient number of jurors fail to attend.

If a sufficient number of jurors duly
drawn
selected

and notified do not attend to form a jury the court shall direct the clerk to
draw
select

a sufficient number of
ballots from box number one
names from the base
jury
list

to complete the jury and shall summon the persons
drawn

selected
to attend immediately or at a time fixed by the court. If for any reason a sufficient number of jurors to try the issue is not obtained from the persons notified, the court may make successive orders until a sufficient number is obtained. The court may excuse any juror so
drawn

selected

if it appears that, because of distance, the delay occasioned by summoning the juror and requiring his presence would unduly prolong empaneling the trial jury. Each person so notified, unless excused by the court, shall serve as a juror at the trial. For a neglect or refusal to serve he may be fined in the same manner as a trial juror regularly
drawn

selected
and notified and he is subject to the same exceptions and challenges as any other trial juror.

1
‑
11
‑
129.

Procedure for maintaining jury lists.

The procedures for compiling and maintaining of
jury l
ists,
jury ballots and jury boxes, and for drawing

jurors,

may be set by the court to permit the compilation and maintenance of jury lists and ballots and for the drawing of jurors by
The supreme court shall compile a base jury list for each county
.

The supreme court shall compile a base jury list
for the state

as necessary under W.
S. 7
‑
5
‑
303
. The base jury lists
shall
be compiled from voter lists and
may
include names from
Wyoming driver's license lists
. The base jury lists
prepared
by the supreme court and
panels or
lists
of prospective jurors
selected by the clerk of court may be compiled and maintained using

any manual, mechanical, electronic or other means calculated to insure the integrity of the system and a random selection process.

7
‑
5
‑
102.

Manner of summoning; term.

A grand jury shall be
drawn

selected
, summoned and impaneled in the same manner as trial juries in civil actions and shall serve for one (1) year following selection unless discharged sooner by the district judge.

7-5-303. Selection and term of members.

The clerk of the district court in each county of the state, upon receipt of an order of the district judge of the court granting a petition to impanel a state grand jury, shall prepare a list of fifteen (15) prospective state grand jurors drawn from existing jury lists of the county. The list so prepared shall be immediately sent to the clerk of the court granting the petition to impanel the state grand jury.

The district judge granting the
order

petition
to
convene
a state grand jury

shall impanel the state grand jury from
the lists

a
base
jury list
for the state
compiled by the
clerks of

supreme
court.
The
judge preparing
the final list from which the grand jurors will be chosen

need
district court judge
may specify that
the
base jury list
for the state

not include the names of jurors from every county within the state
having due regard for the

t
o limit jur
or
expense and inconvenience of travel. A state grand jury shall be composed of twelve (12) persons, but not more than one-half (1/2) of the members of the state grand jury shall be residents of any one (1) county. The members of the state grand jury shall be selected by the court in the same manner as jurors of county grand juries and shall serve for one (1) year following selection unless discharged sooner by the district judge.

14
‑
3
‑
423.

Rights of parties generally; demand for and conduct of jury trial.

(b)

A party against whom a petition has been filed or the district attorney may demand a trial by jury at an adjudicatory hearing. The jury shall be composed of jurors selected, qualified and compensated as provided by law for the trial of civil matters in the district court. The jury may
also
be
drawn from the jury panel of the district court or a special jury panel may be drawn from "jury box number three (3)" containing the names of persons

selected from the prospective jurors on
the
base jury list
residing within five (5) miles of the city or town where the trial is to be held
, whichever

if
the court directs. Demand for a jury trial must be made to the court not later than ten (10) days after the party making the demand is advised of his right to a jury trial at the initial hearing. No deposit for jury fees is required. Failure of a party to demand a jury is a waiver of this right.

14
‑
6
‑
223.

Privilege against self-incrimination; rights of parties generally; demand for and conduct of jury trial.

(c)

A party against whom a petition has been filed or the district attorney may demand a trial by jury at an adjudicatory hearing. The jury shall be composed of jurors selected, qualified and compensated as provided by law for the trial of civil matters in the district court. The jury may
also
be
drawn from the jury panel of the district court or a special jury panel may be drawn from "jury box number three (3)" containing the names of persons

selected from the prospective jurors on
the
base jury list
residing within five (5) miles of the city or town where the trial is to be held, whichever the court directs. Demand for a jury trial must be made to the court not later than ten (10) days after the party making the demand is advised of his right to a jury trial. No deposit for jury fees is required. Failure of a party to demand a jury is a waiver of this right.

14
‑
6
‑
423.

Rights of parties generally; demand for and conduct of jury trial.

(b)

A party against whom a petition has been filed or the district attorney may demand a trial by jury at an adjudicatory hearing. The jury shall be composed of jurors selected, qualified and compensated as provided by law for the trial of civil matters in the district court. The jury may
also
be
drawn from the jury panel of the district court or a special jury panel may be drawn from "jury box number three (3)" containing the names of persons

selected from the prospective jurors on
the
base jury list
residing within five (5) miles of the city or town where the trial is to be held, whichever the court directs. Demand for a jury trial must be made to the court not later than ten (10) days after the party making the demand is advised of his right to a jury trial. No deposit for jury fees is required. Failure of a party to demand a jury is a waiver of this right.

Section 2.

W.S.
1
‑
11
‑
107,
1
‑
11
‑
108
(a),
1
‑
11
‑
109(b),
1
‑
11
‑
117,

1
‑
11
‑
121,

1
‑
11
‑
124,
1
‑
11
‑
127 and
1
‑
11
‑
128 are repealed.

Section 3.

Notwithstanding W.S. 8
‑
1
‑
107, the provisions of this act shall apply to all actions pending on the effective date of this act for which a jury has not been empaneled and all actions filed thereafter.

Section
4
.

Th
is act is effective July 1, 2014.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the House.

Chief Clerk

1