ARIZONA STATE SENATE
Phoenix, Arizona
REVISED
jury selection process
Makes changes to statutes
relating to the jury selection process.
Pursuant to statute, presiding judges in each county are required to make an order to draw a sufficient number of names of persons for jury service during the months of January and July of each year. Within ten days, the jury commissioner is required to draw the names of prospective jurors from a master jury list. In addition, minutes of the drawing must be kept and must contain the method used to ensure random selection and each name drawn.
According to the Arizona
Association of Counties, the process of jury selection currently operating in
counties does not reflect the statutes in place. Specifically, jury commissioners, depending on the need, have
drawn names of prospective jurors from the master jury list outside the two
designated months specified by statute. In addition, the Administrative Office
of the Courts and the Arizona Association of Counties both note that a jury
commissioner does not exist in every county to carry out the responsibilities
of the jury selection process, and consultant services are often used in place
of a jury commissioner. Finally, the
Arizona Association of Counties contends that keeping minutes of the drawings
are redundant because other methods of public record keeping are in place and
are being used. H.B. 2496 makes changes
to statutes relating to the jury selection process to reflect current practice.
Additionally, statute
provides that an additional four persons be selected at the time of impanelment
for the purpose of serving as alternate grand jurors if a duly impanelled and
sworn grand juror is permanently excused by the presiding judge of the superior
court. A presiding judge of Maricopa
County’s Superior Court has indicated that often times a presiding judge will
hold a panel of grand jurors that would otherwise be disbanded due to not
having enough alternate grand jurors because a new impanelment process for the
same case would be time consuming and costly.
H.B. 2496 requires the presiding judge of the superior court to
determine the number of alternate grand jurors at the time of impanelment and
provides for a minimum of four persons to be drawn as alternate grand jurors.
There is no fiscal impact to the state general fund associated with the provisions of this measure.
1. Changes the requirement of a presiding judge to make an order to draw a number of names for jury service from a master jury list to twice a year, rather than in January and July of each year.
2. Allows a jury commissioner’s agent to draw the names of prospective jurors from a master jury list.
3. Eliminates the requirement to keep minutes of the drawings, which include each name drawn and the methods used to ensure random selection.
4. Requires the presiding judge of the superior court to determine the number of grand jurors at the time of impanelment.
5. Stipulates that a minimum of four persons serve as alternate grand jurors.
6. Makes technical changes.
7. Provides for a general effective date.
Amendments Adopted by Committee
1. Requires that the presiding judge of the superior court determine the number of alternate grand jurors.
2. Provides that a minimum of four persons are to be selected as alternate grand jurors.
3. Makes technical changes.
House Action Senate
Action
CM 1/25/00 DPA 6-0-0-0 JUD 2/22/00 DPA 8-0-1-0
3rd Read 2/9/00 56-3-1-0
Prepared by Senate Staff
February 22, 2000