Senate Bill No. 374

(By Senator Wooton)

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[Introduced February 17, 1994; referred to the Committee
on the Judiciary.]

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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.