MACDC has a number of concerns with this bill and will be proposing amendments at the hearing. Our lobbyist has visted with Senator Wanzenried and he has indicated he has no problem with our proposed amendments.
As written this bill prohibits jurors from serving three consecutive terms on jury duty. By completely removing these jurors from selection, we could potentially violate a citizen's desire and right to be selected for a subsequent jury term. It also creates a potential hardship for counties, especially Montana counties with few numbers in population, which already find it difficult to summon an adequate number of jurors for each of the District, Justice, Municipal & City courts.
MACDC is proposing that the bill as written be stricken and replaced with the following language to be inserted as a new subsection (8)under §3-15-404:
(8) A juror whose names appears on any of the lists, prepared under (6), for two consecutive one-year terms, upon written request, may be excused by the jury commissioner for the one-year term immediately following the two consecutive terms.”
We believe this language will provide Clerks with the authority to excuse those jurors who request in writing to be excused because they've served two consecutive terms and eliminates the potential for violating a citizen's right to serve on jury duty.
The bill drafter would not allow MACDC's proposed amendments because the bill title was prohibitive and our proposed language is discretionary. MACDC will therefore oppose this bill. NOte: we just received word from Senator Wanzenried that he has requested that the hearing scheduled for Tuesday, January 18, 2011 at 9:00 a.m. be canceled.
MACDC has a number of concerns with this bill and will be proposing amendments at the hearing. Our lobbyist has visted with Senator Wanzenried and he has indicated he has no problem with our proposed amendments.
ReplyDeleteAs written this bill prohibits jurors from serving three consecutive terms on jury duty. By completely removing these jurors from selection, we could potentially violate a citizen's desire and right to be selected for a subsequent jury term. It also creates a potential hardship for counties, especially Montana counties with few numbers in population, which already find it difficult to summon an adequate number of jurors for each of the District, Justice, Municipal & City courts.
MACDC is proposing that the bill as written be stricken and replaced with the following language to be inserted as a new subsection (8)under §3-15-404:
(8) A juror whose names appears on any of the lists, prepared under (6), for two consecutive one-year terms, upon written request, may be excused by the jury commissioner for the one-year term immediately following the two consecutive terms.”
We believe this language will provide Clerks with the authority to excuse those jurors who request in writing to be excused because they've served two consecutive terms and eliminates the potential for violating a citizen's right to serve on jury duty.
The bill drafter would not allow MACDC's proposed amendments because the bill title was prohibitive and our proposed language is discretionary. MACDC will therefore oppose this bill. NOte: we just received word from Senator Wanzenried that he has requested that the hearing scheduled for Tuesday, January 18, 2011 at 9:00 a.m. be canceled.
ReplyDelete