 |
ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
AMENDED
juror contact; advisement; interview requirements
Purpose
Establishes guidelines for a juror to be contacted by a party to the case following discharge of the jury.
Background
Current statute prohibits the release of the list of juror names or other juror information, unless required by law or court order. All juror records containing biographical information are closed to the public and must be returned to the jury commissioner, the jury manager or the court following the completion of juror selection. Additionally, the information cannot be further disclosed or disseminated by a party or a party's attorney (A.R.S. § 21-312).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Directs a court to advise jurors on discharge of the jury, both verbally and in writing, that they may accept or decline contact with either party or a party's representative on that day or thereafter.
2. Requires jurors to be provided an opportunity to opt in or opt out of contact and specifies that the decision of each juror is included in the court record.
3. Allows either party to initiate contact with a juror who has opted in to contact before the jurors leave the courthouse, unless otherwise directed by the court.
4. Requires a member of the court's staff to be present if a juror wishes to speak with the parties before leaving the courthouse.
5. Prohibits a party or a party's representative from contacting a juror who has opted out of contact after the jurors leave the courthouse, unless the party or party's representative:
a) obtains a court order establishing good cause for the proposed juror contact; and
b) endorses opposing counsel on the request for a court order.
6. Requires a court order that allows juror contact to include the scope of the contact.
7. Stipulates that a court may issue an order to show cause if a party or a party's representative violates the juror contact guidelines following discharge of the jury and authorizes the court to order any appropriate remedy in response to the violation.
8. Makes conforming changes.
9. Becomes effective on the general effective date.
Amendments Adopted by Committee
· Stipulates that a court may issue an order to show cause if a party to the case violates the juror contact guidelines following discharge of the jury and authorizes the court to order any appropriate remedy in response to the violation.
Senate Action
JUD 2/7/19 DPA 5-2-0
Prepared by Senate Research
February 8, 2019
JA/AB/kja