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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, either verbally or in writing, that they may accept or decline contact with either party or a party's representative at any time.
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. Allows a juror who opts in to contact with a party to specify the method of contact with the juror and stipulates that method is the only authorized means for a party to contact the juror.
5. Allows any party to initiate contact with a juror who has opted in to contact by the preferred method of contact specified by the juror, unless otherwise directed by the court.
6. Allows a court upon a finding of good cause to grant a party's request to contact a juror who has opted out of contact and requires the party requesting to contact the juror to notify all other parties of the request.
7. Allows the court to limit the scope of any contact between a party and a juror.
8. 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.
9. Makes conforming changes.
10. 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.
Amendments Adopted by Committee of the Whole
1. Requires the court to advise jurors either verbally or in writing, as opposed to both, that the jurors may opt out of contact with a party.
2. Removes provisions requiring court staff to be present if a juror wishes to speak with the parties before leaving the courthouse.
3. Allows a juror who opts in to contact with a party to specify the preferred method of contact.
4. Requires a party requesting to contact a juror who has opted out of contact to notify all other parties of the request.
Senate Action
JUD 2/7/19 DPA 5-2-0
Prepared by Senate Research
February 28, 2019
JA/AB/kja