Introduced Version






HOUSE BILL No. 1400

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 33-4.

Synopsis: Public access to jury lists. Provides that the names of prospective jurors are open to examination as a public record unless the supervising judge rules them confidential. Authorizes the supervising judge to rule the names confidential if the judge reasonably believes that disclosure would endanger the prospective jurors' safety or lead to jury tampering. (The introduced version of this bill was prepared by the commission on courts.)

Effective: July 1, 2000.





Ayres, Villalpando




    January 11, 2000, read first time and referred to Committee on Judiciary.







Introduced

Second Regular Session 111th General Assembly (2000)


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HOUSE BILL No. 1400



    A BILL FOR AN ACT to amend the Indiana Code concerning courts and court officers.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 33-4-5-2; (00)IN1400.1.1. -->     SECTION 1. IC 33-4-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 2. (a) The commissioners shall immediately, from the names of legal voters and citizens of the United States on the latest tax duplicate and the tax schedules of the county, examine for the purpose of determining the sex, age, and identity of prospective jurors, and proceed to select and deposit, in a box furnished by the clerk for that purpose, the names, written on separate slips of paper of uniform shape, size, and color, of twice as many persons as will be required by law for grand and petit jurors in the courts of the county, for all the terms of such courts, to commence with the calendar year next ensuing. Each selection shall be made as nearly as possible in proportion to the population of each county commissioner's district. In making such selections, they shall in all things observe their oath, and they shall not select the name of any person who is to them known to be interested in or has cause pending which may be tried by a jury to be drawn from the names so selected. They shall deliver the box, locked, to the clerk of the circuit court, after having deposited therein

the names as herein directed. The key shall be retained by one (1) of the commissioners, not an adherent of the same political party as is the clerk.
    (b) In a county containing a consolidated city, the commissioners may, upon an order made by the judge of the circuit court and entered in the records of the circuit court of the county, make such selections and such deposits monthly instead of annually and may omit the personal examination of prospective jurors, the examination of voters lists, and make selection without reference to commissioners' districts. The judge of the circuit court in any such county containing a consolidated city may appoint a secretary for the jury commissioners, and sufficient stenographic aid and clerical help to properly perform the duties of the commissioners and may fix the salaries of the commissioners, the secretary, and stenographic and clerical employees, and may also provide office quarters and necessary supplies therefor, all of which shall be paid for from the treasury of the county upon the order of the court.
    (c) Subject to appropriations made by the county fiscal body, the jury commissioners may utilize a computerized jury selection system. However, the system utilized for the selection system must be fair and may not violate the rights of persons with respect to the impartial and random selection of prospective jurors. The jurors selected under the computerized jury selection system must be eligible for selection under this chapter. The commissioners shall deliver the names of the individuals selected to the clerk of the circuit court. The commissioners shall observe their oath in all activities taken under this subsection.
    (d) The jury commissioners may supplement voter registration lists and tax schedules under subsection (a) with names from lists of persons residing in the county that the jury commissioners may designate as necessary to obtain a cross section of the population of each county commissioner's district. The lists designated by the jury commissioners under this subsection must be used for the selection of jurors throughout the entire county.
    (e) The supplemental sources designated under subsection (d) may consist of such lists as those of utility customers, persons filing income tax returns, motor vehicle registrations, city directories, telephone directories, and driver's licenses. These supplemental lists may not be substituted for the voter registration list. The jury commissioners may not draw more names from supplemental sources than are drawn from the voter registration lists and tax schedules.
     (f) Except as provided in subsection (g), the names selected under subsection (a) shall be open to the public for examination as

a public record, except that the source of names and information other than names contained in that source shall not be public information.
    (g) The names selected under subsection (a) or any list compiled from the names selected may be ruled confidential by order of the supervising judge if the judge reasonably believes disclosure would:
        (1) endanger the safety of potential or selected jurors; or
        (2) lead to jury tampering.

SOURCE: IC 33-4-5.5-7; (00)IN1400.1.2. -->     SECTION 2. IC 33-4-5.5-7 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 7. (a) The jury commissioner shall compile and maintain a master list consisting of all the voter registration lists for the county, supplemented with names from other lists of persons resident in the county which the Indiana supreme court shall from time to time designate as necessary to obtain the broadest cross-section of the county, having determined that use of such supplemental lists is feasible. The supreme court shall exercise the authority so to designate from time to time in such manner as to foster the policy and protect the rights secured by this article. These supplemental sources may consist of such lists as those of utility customers, property taxpayers, persons filing income tax returns, motor vehicle registrations, city directories, telephone directories, and driver's licenses. Such lists may not be substituted for the voter registration list. In drawing names from such supplemental lists, the jury commissioner shall avoid duplication of names.
    (b) (1) Whoever has custody, possession, or control of any of the lists making up or used in compiling the master list, including those designated under subsection (a) of this section by the supreme court as supplementary sources of names, shall furnish the list to the jury commissioner for inspection, reproduction, and copying at all reasonable times.
    (2) (c) When a copy of a list maintained by a public official is furnished, only the actual cost of the copy may be charged to the court.
    (3) (d) Except as provided in subsection (e), the master list of names shall be open to the public for examination as a public record, except that the source of names and any information other than name contained in that source shall not be public information.
     (e) The names drawn or any list compiled from the master list may be ruled confidential by order of the supervising judge if the judge reasonably believes disclosure would:
        (1) endanger the safety of potential or selected jurors; or
        (2) lead to jury tampering.

SOURCE: IC 33-4-11-14; (00)IN1400.1.3. -->     SECTION 3. IC 33-4-11-14 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 14. (a) Names must be drawn for juror service quarterly, based on a calendar year commencing in January. A public drawing of names for the next quarter must be held during the first week of the second month of the quarter next preceding that for which names are being drawn, at a time and place prescribed by the jury commissioner.
    (b) The jury commissioner shall create and file an alphabetical list of names drawn under this section. The alphabetical list may be in the form of a serial listing or discreet records (such as punched cards, addressograph plates, or computer records) filed together to constitute the alphabetical list. Names may not be added to the alphabetical list, except by order of the court. Neither The names drawn nor or any list compiled from the alphabetical list are open to the public for examination as a public record except that they may be disclosed to any person other than under this chapter or ruled confidential by order of the supervising judge if the judge reasonably believes disclosure would:
        (1) endanger the safety of potential or selected jurors; or
        (2) lead to jury tampering.

    (c) The number of names required to be drawn each quarter must be determined by the jury commissioner after consultation with all judges of the courts who may conduct jury trials during the quarter, taking into consideration the number of jurors required for the grand jury.
    (d) The frequency of the drawing of names may be increased by the jury commissioner if the jury commissioner determines it necessary for purposes of fairness, efficiency, or to ensure compliance with this chapter.
    (e) Names must be drawn randomly under section 16 of this chapter.
    (f) Names drawn from the master list may not be returned to the master list until all nonexempt persons on the master list have been called.