Selection Fields

Legislative Intent

N/A

Definitions

§ 600.1300. Definitions.

Sec. 1300.

As used in this chapter:

(a) “Driver’s license list" means a compilation of names of individuals who are 18 years of age or older, addresses, zip codes, dates of birth, and sexes of persons licensed in Michigan as motor vehicle operators and chauffeurs under the Michigan vehicle code, Act No. 300 of the Public Acts of 1949, being sections 257.1 to 257.923 of the Michigan Compiled Laws.

(b) “Personal identification cardholder list" means a compilation of names of individuals who are 18 years of age or older, addresses, zip codes, dates of birth, and sexes of Michigan residents who have received an official state personal identification card under Act No. 222 of the Public Acts of 1972, being sections 28.291 to 28.295 of the Michigan Compiled Laws.

History

Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?

§ 600.1301b. Modified system of jury selection; development of plan; goals; review, approval, adoption, and implementation of plan; exceptions.

Sec. 1301b.

(1) Within 2 years after the effective date of this section each circuit of the circuit court shall develop a plan for the implementation of a modified system of jury selection in their respective courts.

(2) Each plan shall specify methods for utilizing eligible jurors to further the following goals:

(a) Lessening the inconvenience to citizens of serving as a juror.

(b) Broadening citizen participation in the jury system.

(c) Distributing the responsibility for participation in the jury system among the people in as fair a manner as possible.

(d) Increasing the efficiency and effectiveness of circuit court activity.

(e) Reducing the length of the term of service of a juror.

(f) Reducing the number of trials on which an individual juror serves during the juror’s term.

(3) Each circuit of the circuit court shall submit their plan to the supreme court for review to determine that the plan serves to further the goals listed in subsection (2).

(4) Upon approval of the plan by the supreme court, and within 3 years after the effective date of this section, each circuit of the circuit court shall adopt and implement their plan.

(5) A district of the district court, county or probate court district of the probate court, or a common pleas court may develop and implement a plan for a modified system consistent with this section. If a court develops a plan, it may submit the plan to the supreme court for approval. If a court adopts a plan, the provisions of this section and those rules which the supreme court shall develop pursuant to this section, shall apply to that court.

(6) This section shall not apply to circuits of the circuit court which have a population of less than 250,000 based on 1970 census.

§ 600.1310. Voter registration lists and combined driver’s license and personal identification cardholder list; procurement; alternatives; costs.

Sec. 1310.

(1) The secretary of state shall transmit annually before April 15 to the clerk of each county at no expense a full, current, and accurate copy of a list that combines the driver’s license list and personal identification cardholder list pertaining to persons residing in the county. At the request of the board before March 1, the secretary of state shall transmit only a first jury list consisting of the names and addresses of persons selected at random, based on the total number of jurors required as submitted to the secretary of state by the board, using electronic or other mechanical devices. Upon request, the secretary of state shall furnish additional lists to any federal, state, or local governmental agency, other than the clerk of each county, for the purpose of jury selection. An agency which requests and receives a list shall reimburse the secretary of state for actual costs incurred in the preparation and transmittal of the list and all reimbursements shall be deposited in the state general fund.

(2) If an agency uses electronic or mechanical devices to carry out its duties, the agency may request and receive a copy of the combined driver’s license and personal identification cardholder list on any electronically produced medium under specifications prescribed by the secretary of state. The secretary of state shall establish specifications standardizing the size, format, and content of media utilized to transmit information used for jury selection.

History

§ 600.1321. Second jury list; sealing; jurisdiction of district court district.

Sec. 1321.

(1) The names of those persons on the first jury list whom the board accepts as persons qualified for and not exempt from jury service shall be compiled into a list to be known as the second jury list. The list shall remain sealed until otherwise ordered by the chief circuit judge.

(2) The board shall make an additional list consisting of the names on the second jury list segregated by the geographical area of the jurisdiction of each district court district. If there are not sufficient names on the segregated list for any district court district, the board shall apply again the key number to that district only and obtain as many additional jurors as needed for that district.

§ 600.1342. Jurors; new list; court order.

Sec. 1342.

If the board fails to meet and return the second jury list at the time prescribed or if any list of jurors becomes exhausted or declared illegal, the chief circuit judge may order the board to meet and make a new list of jurors.

§ 600.1375. Combined driver’s license and personal identification cardholder list; first jury list; costs.

Sec. 1375.

(1) The secretary of state shall transmit annually, before April 15, to the clerk of each county a full, current, and accurate copy of a list that combines the driver’s license and personal identification cardholder lists pertaining to persons residing in the county. At the request of the board before March 1, the secretary of state shall transmit only a first jury list consisting of the names and addresses of persons selected at random, based on the total number of jurors required as submitted to the secretary of state by the board, using electronic or other mechanical devices. Upon request, the secretary of state shall furnish additional lists to any other federal, state, or local governmental agency, other than the clerk of each county, for the purpose of jury selection. An agency which requests and receives a list shall reimburse the secretary of state for actual costs incurred in the preparation and transmittal of the list and all reimbursements shall be deposited in the state general fund.

(2) If an agency uses electronic or mechanical devices to carry out its duties, the agency may request and receive a copy of the combined driver’s license and personal identification cardholder list on computer tape or another electronically produced medium under specifications prescribed by the secretary of state. The secretary of state shall establish specifications standardizing the size, format, and content of computer tapes and other media utilized to transmit information used for jury selection.

Drawing of juror names from list

§ 600.1304. Selection of jurors; list.

Sec. 1304.

The jury board shall select from a list that combines the driver’s license list and the personal identification cardholder list the names of persons as provided in this chapter to serve as jurors.

§ 600.1313. Juror qualifications questionnaire; contents; completion; mailing; removal of deceased person from list.

Sec. 1313.

(1) The board shall supply a juror qualifications questionnaire to each person on the first jury list, regardless of whether the person previously failed to return a juror qualification questionnaire. This questionnaire shall contain blanks for the information the board desires, concerning qualifications for, and exemptions from, jury service. Persons on the first jury list are required to return the questionnaire fully answered to the jury board within 10 days after it is received.

(2) In any county, the jury questionnaire described in this section and the written summons notice described in section 1332 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.

§ 600.1322. Juror names; depositing; withdrawal; record.

Sec. 1322.

The first deposit of names shall take place as soon as the second jury list is prepared. Subsequent deposits shall be made when the supply of names is exhausted. An earlier deposit may be ordered by the chief circuit judge. The board shall keep a record of the number of names deposited, and the number withdrawn, and upon request shall inform the chief circuit judge of the number of names remaining. Nothing in this section affects the validity of a panel of jurors that was drawn for a term of court before the first deposit of names as provided in this section.

§ 600.1328. Jurors; selection; procedure.

Sec. 1328.

The board shall proceed in the selection of jurors in a random manner as ordered by the chief circuit judge as provided in this section. A board member or an employee of the board shall keep a record of the selection process, listing the names of jurors selected. If the name of a person is selected who is not qualified to serve as a juror to the knowledge of any member of the board, an entry of this fact shall be made on the record and that person shall be excused. A record of the selection process shall then be signed by the board member and filed in the office of the board. The signature constitutes a certificate that the record is correct and that all provisions of law have been complied with.

§ 600.1329. Selection of jurors; legality; challenges; grounds.

Sec. 1329.

(1) The legality or regularity of the selection of jurors shall not be questioned if the record of the selection is properly signed. If the name of any person not qualified to serve as a juror is included in the names selected, this fact shall not be a ground of challenge to the array, but only a ground of personal challenge to the person shown to be so disqualified.

(2) If the jurors were selected in accordance with this act and the rules of the court, it is not a ground of challenge to a panel or array of jurors that the person who selected them was a party or interested in the cause or was counsel or attorney for, or related to, either party in the cause.

(3) If the jurors were selected in accordance with this act and the rules of the court, it is not a ground of challenge to a panel or array of jurors that they were summoned by the sheriff who was a party or interested in the cause, or related to either party in the cause, unless it is alleged in the challenge and satisfactorily shown that some of the jurors selected were not summoned and that this omission was intentional.

§ 600.1332. Jurors; summons for service; method; record; evidence.

Sec. 1332.

The clerk, jury board, or sheriff shall summon jurors for court attendance at such times and in such manner as directed by the chief judge or by the judge to whom the action in which jurors are being called for service is assigned. For a juror’s first required court appearance, service shall be by a written notice addressed to the juror at the juror’s place of residence as shown by the records of the board, which notice may be by ordinary mail or by personal service. For subsequent service notice may be in any manner directed by the judge. The officer giving notice to jurors shall keep a record of the service of the notice and shall make a return if directed by the court. The return shall be presumptive evidence of the fact of service.

History

§ 600.1376. Plan for selection of persons for jury service with aid of mechanical or electronic means; adoption; requirements.

Sec. 1376.

(1) Upon recommendation of the district court judge or a majority of the judges of a district, circuit judge or a majority of the circuit judges of a circuit, probate court judge or a majority of the judges of the county or probate court district, or a judge of a municipal court of record or a majority of the judges of a municipal court of record, the court may adopt a plan for the selection of persons for jury service with the aid of mechanical or electronic means.

(2) A plan adopted pursuant to subsection (1) shall conform to the following requirements:

(a) For jurors summoned for trials beginning before September 1, 1987, it shall specify that the sources from which names are to be taken for jury purposes are all voter registration lists from all precincts in the district, circuit, county, or probate court district, or city. For jurors summoned for trials beginning after August 31, 1987, it shall specify that the source from which names are to be taken for jury purposes is the combined driver’s license and personal identification cardholder list pertaining to all precincts in the district, circuit, county, or probate court district, or city.

(b) It shall provide a fair, impartial, and objective method of selecting persons for jury service with the aid of mechanical or electronic equipment.

(c) It shall designate the official to be in charge of the selection and management of jurors and shall define his or her duties.

(d) It shall specify that a true and complete written list showing the names and addresses of the persons summoned to begin jury service on a particular date shall be filed of record with the county clerk at least 10 days before the date the persons are to begin jury service.

Procedure for Summoning Jurors

§ 600.1304a. Use of electronic and mechanical devices by jury; other method.

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.

Prohibition of Discrimination Against Jurors

N/A

Qualifications

§ 600.1307a. Qualifications of juror; exemptions; effect of payment for jury service; “felony" defined.

Sec. 1307a.

(1) To qualify as a juror, a person shall meet all of the following criteria:

(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.

(d) Not have served as a petit or grand juror in a court of record during the preceding 12 months.

(e) Not have been convicted of a felony.

(2) A person more than 70 years of age may claim exemption from jury service and shall be exempt upon making the request.

(3) A nursing mother may claim exemption from jury service for the period during which she is nursing her child and shall be exempt upon making the request if she provides a letter from a physician, a lactation consultant, or a certified nurse midwife verifying that she is a nursing mother.

(4) 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) For purposes of this section:

(a) “Certified nurse midwife" means an individual licensed as a registered professional nurse under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838, who has been issued a specialty certification in the practice of nurse midwifery by the board of nursing under section 17210 of the public health code, 1978 PA 368, MCL 333.17210.

(b) “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.

(c) “Lactation consultant" means a lactation consultant certified by the international board of lactation consultant examiners.

(d) “Physician" means an individual licensed by the state to engage in the practice of medicine or osteopathic medicine and surgery under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

§ 600.1315. Juror qualifications questionnaires; retention; confidentiality.

Sec. 1315.

The juror qualifications questionnaires shall be kept on file by the board for a period of 3 years but the chief circuit judge may order them to be kept on file for a longer period. The answers to the qualifications questionnaires shall not be disclosed except that the chief circuit judge may order that access be given to the questionnaires and the answers.

§ 600.1319. Record of persons examined.

Sec. 1319.

The board shall keep a record of the board member’s report on each person examined, and a record showing the qualifications to serve as a juror of each person on the first jury list.

Disqualifications

§ 600.1337. Jurors; unqualified or exempt; discharge.

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 and claims an exemption, the court shall discharge him or her from further attendance and service as a juror.

§ 600.1338. Jurors; excused; removal of name from list.

Sec. 1338.

When any person is excused from serving on the ground that he or she is exempt by law from serving on juries or is not qualified to serve as a juror, the clerk of the court shall remove the name of that person from the second jury list.

Excusal or Exemptions

§ 600.1314. Excusal of exempt persons; investigations.

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.

§ 600.1317. Jurors; personal attendance excused.

Sec. 1317.

The board may dispense with the personal attendance of a person notified to appear before the board when another person cognizant of facts which will qualify or disqualify the person from service or which prevent the person from appearing is produced and testifies in his or her stead or when a board member has personal knowledge of facts and enters them in the board member’s report on that person’s qualifications.

§ 600.1320. Preliminary screening of prospective jurors; excused persons; removal of deceased person’s name from list; hardship.

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.

(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.

§ 600.1335. Grounds for excusing person from jury service; postponing jury service of student.

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) The chief judge of the court to which a person is returned as a juror shall, upon request, postpone the person’s term of service until the end of the academic year if the person is a full-time student enrolled in and attending a college, community college, university, graduate or professional school, vocational school, or any other accredited educational institution and the person provides satisfactory proof that the term of service will likely interfere with his or her class schedule.

Limited Frequency of Jury Service

"§ 600.1309. Jurors; list of those who have served.

Sec. 1309.

The board shall secure from the clerk of each court of record in the county, and each clerk shall provide, a list of persons who have served as jurors, pursuant to this chapter, in their courts during the preceding 1 year.

Who handles excusals is prescribed?

**The trial judge** MCLS § 600.1320. Preliminary screening of prospective jurors; excused persons; removal of deceased person’s name from list; hardship.

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.

(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.

Deferral/Postponement of jury service allowed

(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. (MCLS § 600.1320)

MCLS

§ 600.1335. Grounds for excusing person from jury service; postponing jury service of student.

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) The chief judge of the court to which a person is returned as a juror shall, upon request, postpone the person’s term of service until the end of the academic year if the person is a full-time student enrolled in and attending a college, community college, university, graduate or professional school, vocational school, or any other accredited educational institution and the person provides satisfactory proof that the term of service will likely interfere with his or her class schedule.

Number of petit jurors for jury trial is prescribed?

§ 600.1308. Jurors; estimate of number needed.

Sec. 1308.

On or before each May 1, the chief judge of each court of record in the county shall estimate the number of jurors that will be needed by their courts for a 1-year period beginning the following September. This estimate shall be entered on the record of the court, and a copy of the estimate shall be certified by the clerk of the court and delivered to the board. In making the estimate, the judge shall consider the number of names available for the period for which the estimate is made.

§ 600.1311. Determination of key number.

Sec. 1311.

The board shall arrive at a key number as follows:

(a) Add the number of jurors the judge has estimated will be needed to the number that experience has shown will be eliminated because of disqualification or exemption. Example: If the judge estimates 100 jurors will be needed and the board has found that to select finally 100 jurors, 50 persons will usually be found to be exempt or disqualified, including those who have moved from the county or died, the board shall add 50 to the 100.

(b) Divide the number equal to the total number of names which appear on the list received pursuant to section 1310 by the result, obtaining the nearest integral quotient. Example: If there are 50,000 names on the combined list, divide 50,000 by 150.

(c) The result is the key number for the period for which jurors are to be selected. Example: 50,000 divided by 150 equals 333-1/3, so 333 would be the key number in the example.

§ 600.1312. Key number; first jury list; compilation.

Sec. 1312.

The board shall apply the key number uniformly to the names on the list received pursuant to section 1310 and compile a list or card index, to be known as the first jury list, which shall include every name and only those names as the application of the key number has designated. The board shall do this as follows:

(a) Select by a random method a starting number between 0 and the key number.

(b) Count down the list the number of names to reach the starting number. That name shall be placed on the first jury list.

(c) Continue from that name counting down the list, beginning to count again with the number 1, until the key number is reached. That name shall be placed on the first jury list.

(d) Repeat the process provided in subdivision (c) until the whole list has been counted and the names placed on the first jury list.

(e) The board shall then remove from the first jury list the name of any person who its records show served, pursuant to the provisions of this chapter, as a petit or grand juror in any court of record in the county at any time in the preceding 1 year.

(f) The board, with the approval of the chief circuit judge, may remove from the first jury list the name of any person who has been convicted of a felony and is therefore disqualified from serving as a juror pursuant to section 1307a(1)(e).

§ 600.1336. Jurors; excess; discharge; effect.

Sec. 1336.

If the chief judge finds that the number of jurors in attendance is greater than that needed, the chief judge may order the panel or any part of the panel discharged for the balance of its term or excused until a day certain in the term. Any juror discharged, but not excused, under this section is considered to have served his or her term of service but shall receive compensation only for the time of his or her actual service on the panel.