Text: SSB03145 Text: SSB03147 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 607A.1, Code 2003, is amended to read 1 2 as follows: 1 3 607A.1 DECLARATION OF POLICY. 1 4 It is the policy of this state that all persons be selected 1 5 at random from a fair cross section of the population of the 1 6 area served by the court, and that a person shall have both 1 7 the opportunity in accordance with the provisions of law to be 1 8 considered for jury service in this state and the obligation 1 9 to serve as a juror when selected, unless excused. 1 10 Sec. 2. Section 607A.3, Code 2003, is amended by adding 1 11 the following new subsection: 1 12 NEW SUBSECTION. 2A. a. "Extreme physical or financial 1 13 hardship" means any of the following: 1 14 (1) The prospective juror is the sole caregiver of a 1 15 person under the prospective juror's personal care or 1 16 supervision, and it is not possible for the prospective juror 1 17 to obtain a substitute caregiver during the period of time it 1 18 would take to attend court for prospective jury service or to 1 19 serve on a jury. 1 20 (2) The prospective juror will incur a substantial adverse 1 21 impact on the prospective juror's ability to pay for living 1 22 expenses which will negatively impact the potential juror or a 1 23 person in the care of the prospective juror. 1 24 (3) The prospective juror will endure a physical hardship 1 25 that will result in illness or disease. 1 26 b. Extreme physical or financial hardship does not exist 1 27 solely based upon the prospective juror's absence from their 1 28 place of employment. 1 29 Sec. 3. Section 607A.5, Code 2003, is amended to read as 1 30 follows: 1 31 607A.5AUTOMATICEXCUSE FROM JURY SERVICE. 1 32 1. A personshall be excused from jury service if the1 33person submits written documentation verifying, to the court's1 34satisfaction, that the person is solely responsible for the1 35daily care of a person with a permanent disability living in2 1the person's household and that the performance of juror2 2service would cause substantial risk of injury to the health2 3of the person with a disability, or that the person is the2 4mother of a breastfed child and is responsible for the daily2 5care of the child. However, if the person is regularly2 6employed at a location other than the person's household, the2 7person shall not be excused under this section.may apply to 2 8 the court to be excused from attendance and jury service under 2 9 the following circumstances: 2 10 a. If a prospective juror has a mental or physical 2 11 condition which renders the prospective juror incapable of 2 12 performing jury service. The prospective juror, or a 2 13 representative of the prospective juror, must provide 2 14 documentation from a licensed physician as defined in section 2 15 135.1 verifying that a mental or physical condition renders 2 16 the prospective juror unfit for jury service for up to a 2 17 twenty-four-month period. 2 18 b. If jury service would cause an extreme physical or 2 19 financial hardship to a prospective juror or to a person being 2 20 cared for by the prospective juror, the juror may apply to be 2 21 excused from such service. 2 22 (1) A prospective juror making an application under this 2 23 lettered paragraph must make the application to be excused 2 24 from jury service no later than the date on which the 2 25 prospective juror is to appear for jury service. 2 26 (2) A prospective juror making an application pursuant to 2 27 this lettered paragraph shall provide the court any necessary 2 28 documentation, including but not limited to copies of the 2 29 preceding year's federal and state income tax returns, medical 2 30 statements from a licensed physician as defined in section 2 31 135.1, or copies of dependency or guardianship documents. 2 32 Failure to provide satisfactory documentation under this 2 33 lettered paragraph shall result in a denial of the 2 34 application. 2 35 2. Except as provided in subsection 3, a person excused 3 1 from jury service by the court pursuant to this section shall 3 2 become eligible for jury service after twenty-four months. 3 3 3. The court may permanently excuse a person from jury 3 4 service if the court determines the grounds for being excused 3 5 are permanent. 3 6 Sec. 4. NEW SECTION. 607A.5A DEFERRED PETIT JURY 3 7 SERVICE. 3 8 1. Notwithstanding subsection 607A.5 or any other Code 3 9 provision to the contrary, a prospective juror scheduled to 3 10 appear for jury service may defer jury service once during the 3 11 lifetime of the prospective juror. 3 12 2. A prospective juror may make an application to defer 3 13 jury service by appearing in person to the clerk of the 3 14 district court prior to the date of jury service, by 3 15 electronic mail if possible, or by telephone. 3 16 3. If the prospective juror has not previously been 3 17 granted a deferment by the clerk of the district court and the 3 18 prospective juror sets another date to appear for jury service 3 19 with the clerk that is within six months of the date of 3 20 deferment, the clerk shall grant the application to defer jury 3 21 service. 3 22 4. Notwithstanding subsection 1, a prospective juror may 3 23 make an application to the court to defer jury service for a 3 24 second or subsequent time due to an unanticipated event such 3 25 as a death in the family, a serious illness, a natural 3 26 disaster, or a national emergency which involves the 3 27 prospective juror. If jury service is deferred a second or 3 28 subsequent time, the prospective juror shall set another date 3 29 to appear for jury service with the clerk of the district 3 30 court that is within six months of the date of the second 3 31 deferment. 3 32 Sec. 5. Section 607A.6, Code 2003, is amended to read as 3 33 follows: 3 34 607A.6 DISCRETIONARY EXCUSE FROM GRAND JURY SERVICE. 3 35 The court may defer a term of grandor petitjuror service 4 1 upon a finding of hardship, inconvenience, or public 4 2 necessity; however the juror may be required to serve at a 4 3 later date established by the court. The court may excuse a 4 4 person from grand juror service, considering the length of 4 5 grand juror service, in part or in full, upon a finding that 4 6 such service would threaten the person's economic, physical, 4 7 or emotional well-being, or the well-being of another person 4 8 who is dependent upon the person, or other similar findings of 4 9 extreme hardship. The courts shall exercise this authority 4 10 strictly. However, in exercising this authority the court 4 11 shall allow the employer of the person being asked to serve to 4 12 give testimony in support of a request by the person for 4 13 deferral or excuse. The court may dismiss a juror at any time 4 14 in the interest of justice. 4 15 Sec. 6. Section 607A.7, Code 2003, is amended to read as 4 16 follows: 4 17 607A.7 FALSE EXCUSE – PROHIBITED REQUESTS – PENALTY. 4 18 1. A person who knowingly makes a false affidavit, 4 19 statement, or claim, for the purpose of relieving the person 4 20 or another person from juror service, or a person who requests 4 21 the court to select the person as a juror for a particular 4 22 case, commits contempt. 4 23 2. Notwithstanding chapter 665, if a person is found to be 4 24 in contempt pursuant to subsection 1, the court shall impose a 4 25 fine of five hundred dollars. The court may waive the fine in 4 26 the interests of justice. In lieu of a fine, the court may 4 27 order the person to complete unpaid community service. 4 28 Sec. 7. NEW SECTION. 607A.8A EXTENDED JURY TRIAL FUND – 4 29 PAYMENT TO JURORS. 4 30 1. An extended jury trial fund is established in the 4 31 judicial branch, to be administered by the judicial branch. 4 32 The fund shall consist of moneys collected pursuant to 4 33 subsection 2. Moneys in the fund shall be used to provide 4 34 wage replacement or wage supplementation to jurors who serve 4 35 as petit jurors for more than ten days. 5 1 2. Except as otherwise provided in this section, the clerk 5 2 of the district court shall collect ten dollars from each 5 3 attorney entering an appearance in a civil case in district 5 4 court. The ten dollar fee shall be collected at the time the 5 5 petition is filed or when an attorney enters an appearance in 5 6 a new case filed with the clerk. The ten dollar fee shall not 5 7 be assessed in the following cases involving civil matters: 5 8 a. A government attorney entering an appearance in the 5 9 course of their official duty. 5 10 b. Pro se litigants. 5 11 c. Small claims. 5 12 d. Civil cases involving a dissolution, child custody, or 5 13 child support, cases that are filed in forma pauperis, and any 5 14 other cases that involve minimal use of court resources and 5 15 that customarily are not afforded the opportunity for trial by 5 16 jury. 5 17 3. The administrator of the fund shall use the moneys 5 18 deposited into the fund to pay full or partial wage 5 19 replacement or wage supplementation to a juror if the juror's 5 20 employer pays the juror less than the juror's full regular 5 21 wages and if the jury service lasts more than ten days. 5 22 a. The administrator of the fund may pay replacement or 5 23 supplemental wages of up to three hundred dollars a day per 5 24 juror beginning on the eleventh day of jury service and every 5 25 day of service thereafter. 5 26 b. If a juror serves on a jury for more than ten days, the 5 27 juror may also qualify for replacement or supplemental wages 5 28 during service from the fourth through tenth day of jury 5 29 service in the amount of one hundred dollars per day, if the 5 30 court has found that the jury service poses a significant 5 31 financial hardship on the juror. 5 32 4. A juror who qualifies for payment from the fund may 5 33 submit a request to the administrator of the fund for 5 34 replacement or supplemental wages. Payment from the fund 5 35 shall be limited to the difference between the state-paid jury 6 1 fee in section 607A.8 and the amount of regular gross wages a 6 2 juror would have earned after the tenth day of service less 6 3 any amount the juror actually receives from the employer after 6 4 the tenth day of service. Maximum payment to a juror 6 5 requesting replacement or supplemental wages shall be 6 6 calculated as provided in subsection 3. 6 7 a. The request of the juror shall be on a form prescribed 6 8 by the administrator of the fund, and shall include the 6 9 regular gross wages of the juror, the amount of gross wages 6 10 actually paid to the juror after the tenth day of jury 6 11 service, the amount of replacement or supplemental wages 6 12 requested, and any other information deemed necessary by the 6 13 administrator. 6 14 b. The juror shall be required to submit with the request, 6 15 verification from their employer as to the amount of gross 6 16 wages actually paid after the tenth day of service on the 6 17 jury. 6 18 c. If a juror is self-employed or receives compensation 6 19 that cannot be classified as wages, the juror shall also 6 20 provide in the request for replacement or supplemental wages, 6 21 a sworn affidavit attesting to the approximate gross weekly 6 22 compensation of the juror, and shall provide any other form of 6 23 documentation the administrator may require in order to verify 6 24 gross weekly income. 6 25 Sec. 8. Section 607A.29, Code 2003, is amended by striking 6 26 the section and inserting in lieu thereof the following: 6 27 607A.29 LIMITATION OF JURY SERVICE – HARDSHIP 6 28 CONSIDERATION FOR A COUNTY. 6 29 1. In any two-year period, a person shall not be required: 6 30 a. To be in attendance for prospective jury service for 6 31 more than one day unless the prospective juror is selected for 6 32 jury service, or the prospective juror is under consideration 6 33 for jury service and such consideration covers a period of two 6 34 or more days. 6 35 b. To serve on more than one grand jury. 7 1 c. To serve or attend as both a grand and a petit juror. 7 2 2. The supreme court may grant an exemption to the 7 3 requirements of this section to a county with a population of 7 4 less than ten thousand if the county demonstrates good cause 7 5 by establishing that the cost of implementing this section is 7 6 so high that the county would be unable to provide essential 7 7 court services to the public if required to implement this 7 8 section, or the requirement of this section cannot be met 7 9 because the population in the county would be unable to meet 7 10 the demand for jury trials in the county. 7 11 a. A county may file an application for exemption from the 7 12 requirements of this section. The application shall include 7 13 either a plan to fully implement this section by a specified 7 14 date, or an alternative plan that would advance the purposes 7 15 of this section to the greatest extent possible. 7 16 b. If the supreme court finds good cause to grant an 7 17 exemption from the requirements of this section to a county, 7 18 the exemption shall be for a specified duration and under such 7 19 conditions the supreme court deems appropriate to further the 7 20 purposes of this section. However, an exemption granted under 7 21 this subsection by the supreme court shall not allow a 7 22 prospective juror to attend court for prospective jury service 7 23 for more than a five-day period. 7 24 Sec. 9. Section 607A.36, Code 2003, is amended to read as 7 25 follows: 7 26 607A.36 CONTEMPT. 7 27 1. If a person fails to appear when notified to report or 7 28 at a regularly scheduled meeting, without providing a 7 29 sufficient cause, the court may issue an order requiring the 7 30 person to appear and show cause why the person should not be 7 31 punished for contempt, and unless the person provides a 7 32 sufficient cause for the failure, the person may be punished 7 33 for contempt. 7 34 2. Notwithstanding chapter 665, if a person is found to be 7 35 in contempt pursuant to subsection 1, the court shall impose a 8 1 fine of five hundred dollars. The court may waive the fine in 8 2 the interests of justice. In lieu of a fine, the court may 8 3 order the person to complete unpaid community service. 8 4 Sec. 10. Section 607A.42, unnumbered paragraph 2, Code 8 5 2003, is amended to read as follows: 8 6 At the discretion of the court, the jury manager, or the 8 7 clerk, a person excused from service on one panel may be 8 8 required to serve on a succeeding panel if the reason for the 8 9 person's being excused is authorized under section 607A.6, or 8 10 the juror has not deferred jury service pursuant to section 8 11 607.5A and the jury service does not violate the requirements 8 12 of section 607A.29. In counties using an ex officio jury 8 13 commission, the ballots of jurors who appear and serve during 8 14 any term of service shall be destroyed. In counties using a 8 15 jury manager, the names of jurors who appear and serve during 8 16 any term of service shall be stricken from the selection 8 17 program. 8 18 Sec. 11. Section 607A.45, Code 2003, is amended to read as 8 19 follows: 8 20 607A.45 EMPLOYER PROHIBITED FROM PENALIZING EMPLOYEE – 8 21 PENALTY – ACTION FOR LOST WAGES. 8 22 1. An employer shall not deprive an employee of 8 23 employment,orthreaten,or otherwisecoerce, or otherwise 8 24 take any adverse employment action against an employee with 8 25 respect to the employee's employment because the employee 8 26 receives a notice to report, responds to the notice, serves as 8 27 a juror, or attends court for prospective juror service. An 8 28 employer who violates this subsection commits contempt. 8 29 2. If an employer discharges an employee or takes an 8 30 adverse employment action against the employee in violation of 8 31 subsection 1, the employee may within sixty days of the 8 32 discharge bring a civil action for the recovery of wages lost 8 33 as a result of the violation and for an order requiring the 8 34 reinstatement of the employee. Damages recoverable shall not 8 35 exceed lost wages for a period of six weeks. If the employee 9 1 prevails, the employee shall be allowed reasonable attorney 9 2 fees as determined by the court. 9 3 3. An employee shall not be required to use vacation or 9 4 sick leave benefits for time spent responding to a summons for 9 5 jury service, attendance required for the purpose of being 9 6 considered for jury service, or serving on a jury. Nothing in 9 7 this section shall be construed to require an employer to 9 8 provide vacation or sick leave benefits to an employee under 9 9 this section who otherwise is not entitled to such benefits 9 10 under company policies. 9 11 4. The court shall defer and reschedule the jury service 9 12 of a prospective juror who is employed by an employer with 9 13 five or fewer employees or workers. 9 14 EXPLANATION 9 15 This bill relates to attending court for prospective jury 9 16 service and serving on a jury, and provides for a fee. 9 17 Under the bill, a prospective juror may be excused from 9 18 jury service for up to 24 months if the prospective juror has 9 19 a mental or physical condition which renders the prospective 9 20 juror incapable of performing jury service. The bill also 9 21 provides that a prospective juror may be excused from jury 9 22 service for up to 24 months if serving on a jury would cause 9 23 extreme physical or financial hardship to the prospective 9 24 juror. The bill defines "extreme physical or financial 9 25 hardship" to mean the prospective juror is the sole caregiver 9 26 of a person under the prospective juror's personal care, or 9 27 the prospective juror will incur a substantial financial loss, 9 28 or a physical hardship will result in illness or disease. The 9 29 bill also provides that the court may permanently excuse a 9 30 person from jury service if the court determines the grounds 9 31 for being excused are permanent in nature. Current law 9 32 provides that a juror may be automatically excused from jury 9 33 service under Code section 607A.5 if the person is responsible 9 34 for the care of a permanently disabled person living in the 9 35 person's house or is the mother of a breastfed child and is 10 1 responsible for the daily care of the child, unless the person 10 2 is regularly employed outside the home. 10 3 A person, under the bill, is allowed to defer jury service 10 4 once during the lifetime of the person. The bill provides 10 5 that a person who defers jury service must reschedule jury 10 6 service with the clerk of the district court at the time of 10 7 the deferment. The bill also provides that a person may 10 8 receive a second or subsequent deferment of jury service if 10 9 the person experiences a death in the family, a serious 10 10 illness, or other emergency situation. 10 11 The bill creates an extended jury trial fund under the 10 12 control of the judicial branch. The bill assesses a $10 fee 10 13 for deposit into the extended jury trial fund against an 10 14 attorney who enters an appearance in a civil case. A $10 fee 10 15 shall not be assessed against a government attorney entering 10 16 an appearance in the course of their official duty, against 10 17 pro se litigants, or in small claims cases, or in other civil 10 18 actions that customarily are not afforded a jury trial. 10 19 The administrator of the extended jury trial fund, under 10 20 the bill, shall use the moneys deposited into the fund to pay 10 21 full or partial wage replacement or wage supplementation to a 10 22 juror whose employer pays less than the juror's full regular 10 23 wages during jury service lasting more than 10 days. A juror 10 24 may receive payments from the fund of up to $300 per day after 10 25 the tenth day of jury service depending on the difference 10 26 between the state-paid jury fee in Code section 607A.8 and the 10 27 amount of regular gross wages a juror would have earned after 10 28 the tenth day of service less any amount the juror actually 10 29 receives from the employer after the tenth day of service. 10 30 The bill also provides that a juror may receive up to $100 per 10 31 day for each day of jury service during the fourth through the 10 32 tenth day of service if the court finds that jury service 10 33 posed a significant financial hardship on the juror. For a 10 34 juror to be compensated from the fund, the juror is required 10 35 to submit a request to the administrator of the fund which 11 1 verifies any wages paid by the juror's employer and the amount 11 2 of replacement or supplemental wages requested, or if the 11 3 juror is self-employed, the juror shall provide a sworn 11 4 affidavit attesting to the approximate gross weekly 11 5 compensation of the juror. Current law compensates a juror at 11 6 the rate of $10 plus mileage for each day of attending court 11 7 for prospective jury service or actual jury service. 11 8 The bill provides that a prospective juror, in any two-year 11 9 period, shall not be required to attend court for prospective 11 10 jury service for more than one day unless the prospective 11 11 juror is selected to serve on a jury or the prospective juror 11 12 is under consideration to serve on a jury and such 11 13 consideration lasts more than one day. The bill allows the 11 14 supreme court to exempt a county from implementing the maximum 11 15 one-day attendance requirement for counties with a population 11 16 of less than 10,000 if the county demonstrates that the county 11 17 would be unable to provide essential court services to the 11 18 public, or the maximum one-day attendance requirement cannot 11 19 be met by the county because the population of the county 11 20 would be unable to meet the demand for jury trials. The bill 11 21 provides that if an exemption is granted by the supreme court, 11 22 the exemption shall not allow a prospective juror to attend 11 23 court for prospective jury service for more than a five-day 11 24 period. Current law provides that a juror may be required to 11 25 attend court for prospective jury service for up to three 11 26 months. 11 27 The bill provides that an employer shall not require a 11 28 prospective juror to use vacation or sick leave benefits for 11 29 time spent responding to a summons for jury service, attending 11 30 court for prospective jury service, or actual jury service. 11 31 The bill provides that the court shall defer and reschedule 11 32 the jury service of a prospective juror who is employed by an 11 33 employer with five or fewer employees. 11 34 The bill places limitations on the court when a juror is 11 35 found in contempt. The bill provides that the court may fine 12 1 a juror or prospective juror $500 if the juror or prospective 12 2 juror is found in contempt. Current law provides that a juror 12 3 may be punished for contempt pursuant to Code chapter 665. 12 4 LSB 5970SC 80 12 5 jm/sh/8
Text: SSB03145 Text: SSB03147 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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