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8
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COURTS SHOULD REQUIRE JURY SERVICE FOR THE SHORTEST PERIOD POSSIBLE. THEREFORE, THE STATUTE SHOULD BE AMENDED TO SHORTEN THE JURY TERM TO A MAXIMUM OF ONE WEEK AND JURY SERVICE TO A MAXIMUM OF TWO DAYS OR ONE TRIAL.
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Jury Term and
Jury Service
Definitions
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Currently, the Washington statutes provide the following definitions:
“Jury term” means a period of time of one or more days, not exceeding one month, during which summoned jurors must be available to report for juror service.
“Juror service” means the period of time a juror is required to be present at the court facility. This period of time may not extend beyond the end of the jury term, and may not exceed two weeks, except to complete a trial to which the juror was assigned during the two-week period.
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Current Optimal Term
and Service
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In addition, the Washington State Jury Standards and Washington statutes currently state that the optimal jury term is two weeks or less and that optimal juror service is one day or one trial, whichever is longer.
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Based on a recent survey conducted by Senate Committee Services, it appears that the majority of Washington courts have either a two-week or one-month jury term. Very few courts offer citizens the option to serve for one day or one trial.
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Shorten the
Jury Term to
One Week
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The Commission recommends that the jury term be shortened to a maximum of one week. Asking citizens to put their lives on hold for one month or even two weeks makes scheduling business and personal events difficult and sometimes impossible.
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Shorten Jury Service to Two Days or One Trial
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By also shortening the time potential jurors are required to be present at the court facility to two days or one trial, the hardship associated with service is reduced and thus the need for exemptions or excuses is reduced. Reducing the number of people excused increases the representativeness and inclusiveness of the jury pool. Juror satisfaction increases because courts have to make better use of a juror’s time (only having the juror’s services for two days). As courts have to summon more prospective jurors with a two-day or one trial service time, more citizens have the experience (usually found to be positive) of serving on a jury, and jury service is spread more evenly among the community.
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The Commission recognizes that courts using a two-day or one trial jury system may have to summon greater numbers of prospective jurors resulting in increased postage and additional staff and supplies costs. However, offsetting that cost, a reduced term of service can result in an increased yield (the number of qualified potential jurors available at the court facility). For example, after Thurston County recently reduced its term of service, the yield increased to 40%, which is significantly higher than many other counties in our state.
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The Commission recommends that courts gradually shorten the jury term and time of service with the goal of implementing a two-day or one trial system in every Washington State court by July 2001. This would be a significant improvement in reducing the burden of jury service on our citizens.
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References:
RCW 2.36.010 (providing definitions for jury term and term of service).
RCW 2.36.080(2) and Washington Jury Standard 5 (1997) (recommending that optimal service is one day or one trial).
G. Thomas Munsterman, et al., Jury Trial Innovations, pp. 29-31 (describing the advantages, disadvantages, and procedures for one day or one trial).
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