Senate Bill No. 374
(By Senator Wooton)
____________
[Introduced February 17, 1994; referred to the Committee
on the Judiciary.]
____________
A BILL to amend and reenact section seven, article one, chapter
fifty-two of the code of West Virginia, one thousand nine
hundred thirty-one, as amended, relating to restricting the
number of times a citizen is required to serve on a
magistrate court jury.
Be it enacted by the Legislature of West Virginia:
That section seven, article one, chapter fifty-two of the
code of West Virginia, one thousand nine hundred thirty-one, as
amended, be amended and reenacted to read as follows:
ARTICLE 1. PETIT JURIES.
§52-1-7. Drawings from the jury wheel or jury box; notice of
jury duty; penalties.
(a) The chief judge of the circuit, or the judge in a single
judge circuit, shall provide by order rules relating to the
random drawing by the clerk of panels from the jury wheel or jury
box for juries in the circuit and magistrate courts. The rules
may allow for the drawing of panels at any time. Upon receipt ofthe direction and in the manner prescribed by the court, the
clerk shall publicly draw at random from the jury wheel or jury
box the number of jurors specified: Provided, That no person may
be required to serve on a jury in magistrate court more than once
within a ten-year period.
(b) If a jury is ordered to be drawn, the clerk thereafter
shall cause each person drawn for jury service to be notified not
less than twenty days before the date for which the persons are
to report for jury duty with a summons and juror qualification
form, if such form has not already been completed, by personal
service or first class mail addressed to the person at his or her
usual residence, business or post-office address, requiring him
or her to report for jury service at a specified time and place.
(c) A prospective juror who fails to appear as directed by
the summons issued pursuant to subsection (b) of this section
shall be ordered by the court to appear and show cause for
failure to appear as directed. If the prospective juror fails to
appear pursuant to the court's order or fails to show good cause
for failure to appear as directed by the summons, he or she is
guilty of civil contempt and shall be fined not more than one
thousand dollars.
NOTE: The purpose of this bill is to provide that no person
is required to serve on a jury in magistrate court more than once
in ten years.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.