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IN ORDER TO PROMOTE BROAD CITIZEN PARTICIPATION AND TO SEND A MESSAGE THAT COURTS RESPECT THE TIME COMMITMENTS OF CITIZENS, A STATE-WIDE POLICY SHOULD BE ESTABLISHED TO ENFORCE AND STRICTLY LIMIT THE GRANTING OF JURY EXCUSES WHILE LIBERALLY GRANTING REQUESTS FOR POSTPONEMENT.
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Standard Process
for Postponement
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The Commission recommends that a standardized process for postponing jury service should be created that includes prompt responses to correspondence from prospective jurors. RCW 2.36.100(2) allows jurors to be assigned to another jury term within the same jury year.
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Permanent Excuse
from Jury Service
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In order to avoid repeated summoning, jurors with physical or mental conditions that in the opinion of a physician are of a permanent nature should be permanently excused from service. RCW 2.36.110 allows judges to excuse people who are unfit by reason of physical or mental defect. RCW 2.36.100 allows judges to excuse people for a period of time the court deems necessary. Because the court can define the period of time, this would permit the granting of permanent excuses.
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Clerks Process
Routine Requests
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To better utilize the judges’ time, clerks should process routine requests for excuse from jury service. Excuses under RCW 2.36.100 and 2 36.110 must be ordered by a judge, except under the conditions of State v Rice, 120 Wn. 2d 549, 844 P.2d 416 (1993). In that case, the administrative judge sent a memorandum to the county clerk’s office setting forth specific guidelines for excusing prospective jurors. (See sample juror excusal and deferral Guidelines in Appendix 2.) This was found to be consistent with RCW 2.36.100, and the selection of the venire was considered proper. This decision permits clerks to perform assigned functions on behalf of the judge.
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Best Practices
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The Commission recommends the following best practices:
- Excuses for undue hardship, public necessity, and extreme inconvenience should be processed by a judge.
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- The Supreme Court should pass a rule directing the clerk to process:
a) All excuses for disqualification under RCW 2.36.070 and all temporary requests for excuse.
b) All requests for permanent excuse when a physician’s letter states that the patient has a permanent condition.
c) All postponements:
Postponement or deferral for planned business matters, vacations, personal business and other personal inconveniences should be liberally and routinely granted when the request is made in a timely manner, rather than on the day preceding the appearance date.
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