State of South Dakota
|
SEVENTY-SECOND
SESSION
LEGISLATIVE ASSEMBLY, 1997 |
664A0177 |
SENATE BILL
NO.
90
|
Introduced by: The Committee on Judiciary at the request of the Chief Justice |
FOR AN ACT ENTITLED, An Act
to provide for jury districts.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 16-13 be amended by adding thereto a NEW SECTION to read as follows:
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 16-13 be amended by adding thereto a NEW SECTION to read as follows:
If any county within a circuit has a population of less than five thousand, the presiding
circuit court judge shall create a jury district by joining that county with one or more other
counties within the circuit until the total population of the counties exceeds ten thousand. Each
county within a jury district is entitled to pro rata representation upon the master jury list to be
computed by the presiding judge upon the basis of the last official census.
Section 2. That § 16-13-2.1 be amended to read as follows:
16-13-2.1. For the purposes of this chapter, the board of jury selectors shall be the clerk of the circuit court, the chairman of the board of county commissioners , and the county auditor, or if there be no person holding any one or more of such offices in the county, the presiding circuit judge shall designate a person to fill the vacancy. If a jury district has been formed, the clerk of the circuit court, the chairman of the board of county commissioners, and the county auditor from each county within the jury district constitutes the board of jury selectors.
Section 3. That § 16-13-10 be amended to read as follows:
16-13-10. All citizens of this state, who are residents of the county or jury district where the jury is selected, eighteen years of age or older prior to January first of the year of jury service, of sound mind and who are able to read, write, and understand the English language, are eligible to serve as jurors. Justices or clerks of the Supreme Court or a judge of the circuit court or any court of the United States, or a court of limited jurisdiction, or licensed attorneys are not eligible to serve as jurors. Clergymen as defined in § 19-13-16 if jury service conflicts with their religious beliefs may be exempt from jury duty. Persons who have been convicted of a felony unless restored to their civil rights are not eligible to serve as jurors. Potential jurors may not be excluded from jury duty on the basis of a visual or hearing impairment.
Section 4. That § 16-13-15 be amended to read as follows:
16-13-15. The board of jury selectors shall ascertain whether each of the persons on the master juror list has the qualifications of a juror as provided by § 16-13-10 from the information available to them from records of the county or other readily available sources, or has served as a juror within
four
two
years. A person has served as a juror if
he
that person
has been
summoned and appeared for a trial. If, from examination of the master juror lists, it appears that
any person listed thereon does not have the qualifications to serve as a juror
,
or has served as
a juror within
four
two
preceding years, the board of jury selectors shall strike such name from
the list and draw another in its place.
However, in counties of less than five thousand
population, the applicable time period shall be two years rather than four years.
If the master list
is selected electronically, the board shall adjust the number to be drawn to allow for the
elimination of the names of those disqualified.
Section 2. That § 16-13-2.1 be amended to read as follows:
16-13-2.1. For the purposes of this chapter, the board of jury selectors shall be the clerk of the circuit court, the chairman of the board of county commissioners , and the county auditor, or if there be no person holding any one or more of such offices in the county, the presiding circuit judge shall designate a person to fill the vacancy. If a jury district has been formed, the clerk of the circuit court, the chairman of the board of county commissioners, and the county auditor from each county within the jury district constitutes the board of jury selectors.
Section 3. That § 16-13-10 be amended to read as follows:
16-13-10. All citizens of this state, who are residents of the county or jury district where the jury is selected, eighteen years of age or older prior to January first of the year of jury service, of sound mind and who are able to read, write, and understand the English language, are eligible to serve as jurors. Justices or clerks of the Supreme Court or a judge of the circuit court or any court of the United States, or a court of limited jurisdiction, or licensed attorneys are not eligible to serve as jurors. Clergymen as defined in § 19-13-16 if jury service conflicts with their religious beliefs may be exempt from jury duty. Persons who have been convicted of a felony unless restored to their civil rights are not eligible to serve as jurors. Potential jurors may not be excluded from jury duty on the basis of a visual or hearing impairment.
Section 4. That § 16-13-15 be amended to read as follows:
16-13-15. The board of jury selectors shall ascertain whether each of the persons on the master juror list has the qualifications of a juror as provided by § 16-13-10 from the information available to them from records of the county or other readily available sources, or has served as a juror within
The clerk of any magistrate court having a separate clerk shall furnish the clerk of the circuit
court with a list of the names and addresses of all persons who have served as jurors for the
calendar year when requested by the clerk of the circuit court, who shall preserve the lists for
four
two
years.
The board of jury selectors shall record with the list of jurors the reasons for disqualification
of any person stricken from the master jury list.
Section 5. That § 16-13-18.3 be amended to read as follows:
16-13-18.3. The presiding judge of each circuit shall
have under his charge and control the
enforcement of
administer and enforce
the jury selection provisions of this chapter. Such judge
may vary the terms of the random selection process to meet local conditions in any county
or
jury district
in
his
the
circuit if such changes are
generally
consistent with the terms of this
chapter. Such changes
must
shall
be reduced to writing, approved by the Supreme Court
pursuant to
§
16-13-18.2 and filed with the clerk of the court in
the
any
county affected by the
changes with the other materials required to be preserved by
§
16-13-31.1.
Section 6. That § 16-13-22 be amended to read as follows:
16-13-22. The presiding judge of each circuit, or a judge of the circuit court designated by
him
the presiding judge
, shall issue an order prior to October first of each year to the clerk of
courts that a petit jury for the county
or jury district
be selected. The order shall specify the total
number of jurors to be selected, the number of panels or sections of the panels into which the
number of jurors are to be arranged, and the period of time of service during the year for each
panel or section. The names shall be selected for each panel or section by lot as provided in
§
16-13-27.
Section 5. That § 16-13-18.3 be amended to read as follows:
16-13-18.3. The presiding judge of each circuit shall
Section 6. That § 16-13-22 be amended to read as follows:
16-13-22. The presiding judge of each circuit, or a judge of the circuit court designated by