FUND(S):



Sources of Revenue:

Other Fund Lengthy Trial Fund

Legislation creates:

A New Fund



Fiscal Note Summary


Effect this measure will have on costs and revenues of state government.


    HB 2577 would set forth certain standards for petit juror service. In addition to allowing for juror-requested postponements, the Bill also creates a Lengthy Trial Fund that would be used to provide full or partial wage replacement or wage supplementation to jurors who serve as petit jurors for more than 10 days. Eligibility for this wage payment would be limited to those jurors whose employers pay less than full regular wages when the period of jury service lasts more than 10 days.
    
    The Lengthy Trial Fund would be funded by a $10 filing fee paid by attorneys filing civil actions. Those exempted from this fee include: government attorneys, pro se litigants, cases in small claims court (magistrate) or claims seeking social security disability determinations, individual veterans’ compensation or disability determinations, recoupment actions for government backed educational loans or mortgages; child custody and support cases; actions brought in forma pauperis; and any other filings designated by rule that involve minimal use of court resources and that customarily are not afforded the opportunity for a trial by jury.
    
    In calendar year 2003, there were 32,571 civil filings in circuit courts. It is assumed that family court civil filings would not be included in this class since family court cases are not afforded the opportunity for a trial by jury. It is not possible to estimate the number of those filings that would be exempted from the $10 fee from the above-referenced list of exemptions.
    
    If the assumption is made that of the 32,571 cases filed that 20% (or 6,514 cases) would be exempted, the pool of cases for the fee would be 26,057 cases. This would generate approximately $260,570 in a one-year period.
    
    In fiscal year 2004, the Supreme Court paid for approximately 58,772 juror days (at $40 each), but information is not available on the number of trials lasting longer than 10 days. Therefore, it is not possible to estimate the cost for the wage replacement or supplementation.



Fiscal Note Detail


Effect of Proposal Fiscal Year
2005
Increase/Decrease
(use"-")
2006
Increase/Decrease
(use"-")
Fiscal Year
(Upon Full
Implementation)
1. Estmated Total Cost 0 0 0
Personal Services 0 0 0
Current Expenses 0 0 0
Repairs and Alterations 0 0 0
Assets 0 0 0
Other 0 0 0
2. Estimated Total Revenues 0 260,570 260,570


Explanation of above estimates (including long-range effect):


    



Memorandum


     Person submitting Fiscal Note: Linda Richmond Artimez, Acting Administrative Dir.
     Email Address: