Senate File 466 - Introduced SENATE FILE 466 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 1084) A BILL FOR An Act relating to judicial administration by requiring the 1 master list for juror service to be updated annually using 2 an electronic data processing system, eliminating jury 3 commissions, placing shorthand reporters in exempt status, 4 and requiring the supreme court to supervise the board of 5 examiners of shorthand reporters. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1281SV (2) 87 jh/rj

S.F. 466 Section 1. Section 331.322, subsection 16, Code 2017, is 1 amended by striking the subsection. 2 Sec. 2. Section 331.502, subsections 34 and 36, Code 2017, 3 are amended by striking the subsections. 4 Sec. 3. Section 331.653, subsection 43, Code 2017, is 5 amended by striking the subsection. 6 Sec. 4. Section 602.1209, Code 2017, is amended by adding 7 the following new subsection: 8 NEW SUBSECTION . 17A. Carry out duties relating to the 9 identification and service of jurors as provided in chapter 10 607A. 11 Sec. 5. Section 602.1303, subsection 3, Code 2017, is 12 amended by striking the subsection. 13 Sec. 6. Section 602.3101, Code 2017, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION . 3. The supreme court shall supervise the 16 board and may review, approve, modify, or reject any board 17 action, procedure, or decision. The supreme court may adopt 18 rules to implement this subsection. 19 Sec. 7. NEW SECTION . 602.3206 Exempt status. 20 If a person’s certification as a shorthand reporter is 21 placed in exempt status, the person may transcribe or certify 22 a proceeding the person reported while certified as an active 23 shorthand reporter. A person transcribing or certifying a 24 proceeding pursuant to this section shall remain subject to the 25 jurisdiction of the board of examiners of shorthand reporters. 26 Sec. 8. Section 602.8102, subsection 91, Code 2017, is 27 amended by striking the subsection. 28 Sec. 9. Section 602.8102, subsection 92, Code 2017, is 29 amended to read as follows: 30 92. Carry out duties relating to the selection 31 identification and service of jurors as provided in chapter 32 607A . 33 Sec. 10. Section 607A.3, Code 2017, is amended by adding the 34 following new subsections: 35 -1- LSB 1281SV (2) 87 jh/rj 1/ 9

S.F. 466 NEW SUBSECTION . 2A. “Electronic data processing system” 1 means an electronic jury management system as designated by the 2 state court administrator. 3 NEW SUBSECTION . 3A. “Jury pool” means the sum total of 4 prospective jurors reporting for service. 5 Sec. 11. Section 607A.3, subsections 3, 5, 6, 10, 11, and 6 13, Code 2017, are amended to read as follows: 7 3. “Juror” means any person selected identified for service 8 on either the grand or petit jury who attends court when 9 originally instructed to report or is deferred to a future date 10 uncertain, or is on-call and available to report to court when 11 so needed and so requested by the court. 12 5. “Master jury list” means the list of names taken from the 13 source lists for possible jury service. 14 6. “Motor vehicle operators list and nonoperators 15 identification list ” means the official records maintained by 16 the state of the names and addresses of those individuals in 17 the respective counties retaining valid motor vehicle operator 18 driver’s ’s licenses on or before March 15 of each odd-numbered 19 year or nonoperator’s identification cards . 20 10. “Random selection” “Identification” means the selection 21 random drawing of names in a manner immune to any subjective 22 bias so that no recognizable class of the population from which 23 names are being selected randomly drawn can be purposefully 24 included or excluded. 25 11. “Source lists” means the voter registration list, the 26 motor vehicle operators list , the nonoperators identification 27 list, and other comprehensive lists of persons residing in a 28 county as identified pursuant to section 607A.22 . 29 13. “Voter registration list” means the official records 30 maintained by the state of names and addresses of persons 31 registered to vote on or before March 15 of each odd-numbered 32 year . 33 Sec. 12. Section 607A.3, subsection 9, Code 2017, is amended 34 by striking the subsection. 35 -2- LSB 1281SV (2) 87 jh/rj 2/ 9

S.F. 466 Sec. 13. Section 607A.20, Code 2017, is amended to read as 1 follows: 2 607A.20 Jury manager. 3 If the chief judge of the judicial district uses electronic 4 data processing techniques and equipment for the drawing of 5 jurors in lieu of a jury commission, the The chief judge of the 6 judicial district shall , after consultation with the clerk, 7 district court administrator and county auditor, appoint an 8 individual to serve as the jury manager for the each county in 9 that district . The A jury manager shall be responsible for the 10 implementation of this chapter for the jury manager’s county 11 and shall assist the state court administrator in implementing 12 this chapter . The A jury manager shall update the master list 13 from the source lists at least once every two years beginning 14 January 1 after the general election is held retain proper 15 records to document, as directed by the chief judge or state 16 court administrator, that the procedures used to randomly 17 identify prospective jurors meet the requirements of this 18 chapter . 19 Sec. 14. Section 607A.21, Code 2017, is amended by striking 20 the section and inserting in lieu thereof the following: 21 607A.21 Master jury list. 22 The electronic data processing system shall create a master 23 jury list by merging all of the names from the source lists and 24 removing duplicative entries. The state court administrator 25 shall ensure the electronic data processing system updates the 26 master jury lists from the source list at least once every 27 year. The names entered in the master jury lists constitute 28 the grand and petit master jury lists, from which grand and 29 petit jurors shall be identified. 30 Sec. 15. Section 607A.22, Code 2017, is amended to read as 31 follows: 32 607A.22 Use of source lists —— information provided. 33 1. The appointive jury commission or the jury manager state 34 court administrator shall use both of ensure the following 35 -3- LSB 1281SV (2) 87 jh/rj 3/ 9

S.F. 466 source lists in are merged in the electronic data processing 1 system when preparing grand and petit master jury lists: 2 a. The current voter registration list. 3 b. The current motor vehicle operators list and nonoperators 4 identification list . 5 2. The appointive jury commission or the A jury manager may 6 use any other current comprehensive list of persons residing in 7 the county , including but not limited to the lists of public 8 utility customers, which the appointive jury commission or 9 state court administrator or the jury manager determines are 10 useable for the purpose of a juror source list. 11 3. The applicable state and local government officials 12 shall furnish, upon request, the appointive jury commission or 13 state court administrator or the jury manager with copies of 14 lists necessary for the formulation of source lists at no cost 15 to the commission, manager, or county . 16 4. The jury manager or jury commission may request 17 a consolidated source list. A consolidated source list 18 contains all the names and addresses found in either the voter 19 registration list or the motor vehicle operators list, but does 20 not duplicate an individual’s name within the consolidated 21 list. State officials shall cooperate with one another 22 to prepare consolidated lists. The jury manager or jury 23 commission may further request that only a randomly chosen 24 portion of the consolidated list be prepared which may consist 25 of either a certain number of names or a certain percentage of 26 all the names in the consolidated list, as specified by the 27 jury manager or jury commission. 28 Sec. 16. Section 607A.25, Code 2017, is amended by striking 29 the section and inserting in lieu thereof the following: 30 607A.25 Storing and security of master jury lists. 31 The master jury lists shall be stored in the electronic data 32 processing system, and shall be accessible to only the state 33 court administrator or state court administrator’s designee, or 34 the jury manager or jury manager’s designee. 35 -4- LSB 1281SV (2) 87 jh/rj 4/ 9

S.F. 466 Sec. 17. Section 607A.26, Code 2017, is amended to read as 1 follows: 2 607A.26 Preservation of records. 3 The clerk or jury manager shall preserve all records and 4 lists compiled and maintained in connection with the selection 5 identification and service of jurors for four years, or for any 6 longer period ordered by the state court administrator or chief 7 judge of the judicial district. 8 Sec. 18. Section 607A.30, Code 2017, is amended to read as 9 follows: 10 607A.30 Time of drawing Drawing of jury pools . 11 In counties using an ex officio jury commission, the 12 required number of jurors shall be drawn by the commission, or 13 a majority of its members, at the office of the clerk at a time 14 agreed to by the commissioners. 15 1. In counties using a jury manager, the At times necessary 16 for the identification of grand and petit jurors, the jury 17 manager shall arrange for the selection of the required 18 electronic data processing system to draw the necessary number 19 of grand and petit jurors at a time and place chosen by the 20 manager from the master jury list . 21 2. The chief judge of the judicial district may by order 22 prescribe the time for the drawing by the ex officio commission 23 or the jury manager. 24 3. The jurors thus selected identified constitute the jury 25 pool and shall be notified by the clerk or jury manager by 26 regular mail when called. 27 Sec. 19. Section 607A.33, Code 2017, is amended by striking 28 the section and inserting in lieu thereof the following: 29 607A.33 Electronic data processing system —— identifying 30 jurors. 31 The designated electronic data processing system shall be 32 used for the identification of jurors. 33 Sec. 20. Section 607A.35, Code 2017, is amended to read as 34 follows: 35 -5- LSB 1281SV (2) 87 jh/rj 5/ 9

S.F. 466 607A.35 Filing list —— notice Notice to report. 1 After the list or lists have been drawn in the manner 2 provided in section 607A.33 , the list or lists shall be filed 3 in the office of the clerk or jury manager and immediately upon 4 the request of the court , the clerk or manager shall issue a 5 notice to report, by regular mail, to the persons so drawn 6 identified to appear at the courthouse at times as the court 7 prescribes, for service as petit or grand jurors. 8 Sec. 21. Section 607A.37, Code 2017, is amended to read as 9 follows: 10 607A.37 Cancellation for illegality. 11 If the court determines that the petit or grand jurors 12 have been illegally selected, drawn, identified or notified 13 to report, the court may set aside the order under which 14 the jurors were identified or notified and direct that a 15 new drawing, selection identification and notification of a 16 sufficient number of replacement jurors take place. In that 17 case, the ex officio jury commission shall meet at the office 18 of the clerk, at the time the court directs, and proceed in the 19 manner provided for the drawing of the original panel, to draw 20 the required number of replacement jurors. 21 Sec. 22. Section 607A.39, Code 2017, is amended to read as 22 follows: 23 607A.39 Additional jurors. 24 The court may order as many additional jurors drawn 25 identified for a jury pool or panel as the court deems 26 necessary. 27 Sec. 23. Section 607A.41, Code 2017, is amended to read as 28 follows: 29 607A.41 Method of subsequent drawing. 30 The names of the jurors drawn identified under sections 31 607A.39 and 607A.40 shall be drawn by the ex officio commission 32 or the jury manager in the manner provided for the drawing of 33 an original pool or panel electronic data processing system 34 that was used to draw the original jury pool or panel . 35 -6- LSB 1281SV (2) 87 jh/rj 6/ 9

S.F. 466 Sec. 24. Section 607A.43, Code 2017, is amended to read as 1 follows: 2 607A.43 Correcting illegality in original lists. 3 If the court for any reason determines that there has been 4 such substantial failure to comply with the law relative to 5 selection jury identification , preparation, or return of grand 6 or petit lists that lawful grand or petit jurors cannot be 7 drawn, or that the lists are exhausted or insufficient for the 8 needs of the court, the court shall order the ex officio jury 9 commission or the jury manager or state court administrator 10 to convene at a fixed time and place use electronic data 11 processing techniques to prepare lists in lieu of the lists 12 which have been found to be illegal, or an additional list or 13 lists as the court deems necessary. 14 Sec. 25. REPEAL. Sections 607A.9, 607A.10, 607A.11, 15 607A.12, 607A.13, 607A.14, 607A.15, 607A.16, 607A.17, 607A.18, 16 607A.19, 607A.24, 607A.27, 607A.28, 607A.31, 607A.32, 607A.34, 17 607A.42, and 607A.44, Code 2017, are repealed. 18 EXPLANATION 19 The inclusion of this explanation does not constitute agreement with 20 the explanation’s substance by the members of the general assembly. 21 This bill relates to judicial administration by modifying 22 the juror identification process, eliminating the use of jury 23 commissions to draw juror lists, requiring the master jury list 24 to be updated annually using an electronic data processing 25 system, placing shorthand reporters in exempt status, and 26 requiring the supreme court to supervise the board of examiners 27 for shorthand reporters. 28 Under current law, counties may use jury commissions or a 29 jury manager to draw up a master jury list of eligible jurors, 30 return a list of grand jurors and petit jurors to the clerk of 31 district court, and select the number of required jurors from 32 the grand juror or petit juror list. 33 For counties that use jury commissions, the chief judge of 34 the judicial district in which the county is located appoints a 35 -7- LSB 1281SV (2) 87 jh/rj 7/ 9

S.F. 466 jury commission which is responsible for drawing up the master 1 jury list of potential jurors, as well as a list of potential 2 grand jurors and petit jurors. An ex officio jury commission, 3 comprised of the clerk of the district court and the county 4 auditor, then randomly selects the names from the grand juror 5 list and petit juror list to draw the required number of jurors 6 for a pool or panel. 7 Counties, however, are not required to appoint jury 8 commissions, and may instead use jury managers. The jury 9 manager for the county is appointed by the chief judge of the 10 judicial district, after consultation with the clerk of court, 11 district court administrator, and county auditor. The jury 12 manager draws up the master jury list, draws up the lists of 13 grand jurors and petit jurors, and randomly selects the names 14 from the grand juror list and petit juror list to draw the 15 required number of jurors for a pool or panel. 16 The bill eliminates jury commissions. As a result, counties 17 will be required to use jury managers to draw master jury lists 18 and identify jurors. The bill also requires that an electronic 19 data processing system be used to create a master jury list and 20 for the random drawing of jurors. 21 Under current law, the master jury list must be updated once 22 every two years. The master jury list is the list of names 23 taken from all source lists, including the voter registration 24 list and the motor vehicle operators list, for possible jury 25 service. The bill requires that the master jury list be 26 updated every year, and that the master jury list include the 27 list of names from the nonoperators identification list. 28 The bill provides that jury managers and the state court 29 administrator are responsible for implementing the provisions 30 of the bill. 31 The bill makes conforming changes related to the changes to 32 the juror identification process. 33 The bill provides that the supreme court shall supervise the 34 board of examiners of shorthand reporters and have authority to 35 -8- LSB 1281SV (2) 87 jh/rj 8/ 9

S.F. 466 review, approve, modify, or reject a board action, procedure, 1 or decision. The bill also provides that the supreme court 2 may adopt rules relating to the supervision of the board of 3 examiners of shorthand reporters. 4 The bill provides that if a shorthand reporter’s 5 certification is placed in exempt status, the reporter may 6 transcribe or certify a proceeding that was reported while 7 the reporter was certified as an active shorthand reporter. 8 A reporter transcribing or certifying a proceeding while in 9 exempt status shall remain subject to the jurisdiction of the 10 board of examiners of shorthand reporters. 11 -9- LSB 1281SV (2) 87 jh/rj 9/ 9