JUROR QUALIFICATION QUESTIONNAIRES

House Bill 4054 as introduced

Sponsor:  Rep. Steve Bieda

Committee:  Judiciary

First Analysis (2-16-05)

BRIEF SUMMARY: The bill would permit local jury boards, with approval by the chief circuit court judge, to remove convicted felons from the first jury list. 

FISCAL IMPACT: The bill would have no fiscal impact.

THE APPARENT PROBLEM:

Currently, under the Revised Judicature Act, anyone convicted of a felony is disqualified from jury service.  However, convicted felons (by virtue of possessing a driver's license or state identification card) may be chosen in the first jury list and sent a juror qualifications questionnaire.  Sending convicted felons a jury qualifications questionnaire is, some believe, not necessary given that they are automatically ineligible from serving on a jury. 

THE CONTENT OF THE BILL:

The bill would amend the Revised Judicature Act (MCL 600.1312) to allow a jury board, if approved by the chief circuit judge, to remove from the first jury list the name of any person convicted of a felony and therefore disqualified from serving as a juror under Section 1307A(1)(e) of the act.

ARGUMENTS:

For:

By permitting removing convicted felons from the first jury list, the bill could potentially save counties money when mailing jury questionnaires.  In addition, the bill protects against the possibility (albeit a remote one) where a convicted juror is placed on a jury panel (which could provide grounds for an appeal of a verdict).  Reportedly, in rare instances, a convicted felon has made it as far as the courtroom before being dismissed. 

POSITIONS:

There are no positions at present

                                                                                           Legislative Analyst:   Mark Wolf

                                                                                                  Fiscal Analyst:   Marilyn Peterson

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.