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Introduced Version Senate Bill 405 History

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Senate Bill No. 405

(By Senators Cookman, Miller and Plymale)


[Introduced January 22, 2014; referred to the Committee on the Judiciary.]





A BILL to amend and reenact §52-1-9 of the Code of West Virginia, 1931, as amended, relating to availability of jury qualification forms; and limiting availability after conclusion of trial.

Be it enacted by the Legislature of West Virginia:

    That §52-1-9 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:


§52-1-9. Assignment of jurors to jury panels; drawing of additional jurors upon shortage of qualified jurors.

    (a) The jurors drawn for jury service shall be assigned at random by the clerk to each jury panel in a manner prescribed by the court.

    (b) If there is an unanticipated shortage of available petit jurors drawn from the jury wheel or jury box the court may require the sheriff to summon a sufficient number of petit jurors selected at random by the clerk from the jury wheel or jury box in a manner prescribed by the circuit court.

    (c) The names of the qualified jurors drawn from the jury wheel or jury box and the contents of jury qualification forms completed by those jurors shall be made available to the public until the conclusion of the trial. After the conclusion of the trial, the jury qualification forms may only be released if the trial court judge presiding over the case grants permission for release of the forms.

    NOTE: The purpose of this bill is to require the permission of the presiding judge in order for jury qualification forms to be released after the conclusion of a trial.

    Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.

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