SF 2117

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to courts; providing jury service postponement procedures; protecting
small businesses; providing grounds for excuse from jury service; establishing
maximum length of jury service; providing for contempt of court for failure to
appear; making available supplemental compensation to jurors on lengthy trials;
amending Minnesota Statutes 2006, sections 593.42, subdivision 4; 593.48;
593.50, subdivision 1; proposing coding for new law in Minnesota Statutes,
chapter 593.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [593.325] POSTPONEMENT OF JURY SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Procedure for postponement. new text end

new text begin Any person scheduled to appear for
jury service may request a postponement of the date of the initial appearance for jury
service. When requested, postponements shall be granted, provided that:
new text end

new text begin (1) the person has not previously been granted a postponement;
new text end

new text begin (2) the person appears in person or contacts the court administrator by telephone,
electronic mail, or in writing to request a postponement; and
new text end

new text begin (3) prior to the grant of a postponement with the concurrence of the court
administrator, the person fixes a date certain on which the person will appear for jury
service that is not more than six months after the date on which the person originally was
called to serve and on which date the court will be in session.
new text end

new text begin Subd. 2. new text end

new text begin Subsequent postponements. new text end

new text begin A subsequent request to postpone jury
service may be approved by a judicial officer only on the basis of an extraordinary event,
such as a death in the family, sudden grave illness, or a natural disaster or a national
emergency in which the prospective juror is personally involved, that could not have
been anticipated at the time the initial postponement was granted. Prior to the grant of a
second postponement, the prospective juror must fix a date certain on which the individual
will appear for jury service within six months of the postponement on a date when the
court will be in session.
new text end

new text begin Subd. 3. new text end

new text begin Small business protection. new text end

new text begin A court shall automatically postpone and
reschedule the service of a summoned juror who is employed by an employer who
employs five or fewer full-time employees, or their equivalent, if another employee of that
employer is summoned to appear during the same period. The postponement shall not
effect a postponement under subdivision 1.
new text end

Sec. 2.

new text begin [593.335] EXCUSE FROM JURY SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Grounds for excuses from service. new text end

new text begin (a) A person may apply to be
excused from jury service for a period of up to 24 months when either:
new text end

new text begin (1) the person has a mental or physical condition that causes the person to be
incapable of performing jury service. The person or the person's representative must
provide the court with documentation from a physician licensed to practice medicine
verifying that a mental or physical condition renders the person unfit for jury service for
a period of up to 24 months; or
new text end

new text begin (2) jury service would cause undue or extreme physical or financial hardship to the
person or a person under the person's care or supervision.
new text end

new text begin (b) A judge of the court for which the individual was called to jury service shall
make undue or extreme physical or financial hardship determinations. The authority
to make these determinations is delegable only to court officials or personnel who are
authorized by the laws of this state to function as members of the judiciary.
new text end

new text begin (c) A person asking to be excused based on a finding of undue or extreme physical or
financial hardship must take all actions necessary to have obtained a ruling on that request
by no later than the date on which the individual is scheduled to appear for jury duty.
new text end

new text begin Subd. 2. new text end

new text begin Hardship defined. new text end

new text begin For purposes of this section, "undue or extreme
physical or financial hardship":
new text end

new text begin (1) is limited to circumstances in which a person would:
new text end

new text begin (i) be required to abandon a person under the person's personal care or supervision
due to the impossibility of obtaining an appropriate substitute caregiver during the period
of participation in the jury pool or on the jury;
new text end

new text begin (ii) incur costs that would have a substantial adverse impact on the payment of the
individual's necessary daily living expenses or on those for whom the person provides
the principle means of support; or
new text end

new text begin (iii) suffer physical hardship that would result in illness or disease.
new text end

new text begin (2) does not exist solely based on the fact that a person would be required to be
absent from the person's place of employment.
new text end

new text begin Subd. 3. new text end

new text begin Documentation required. new text end

new text begin A person asking a judge to grant an excuse
based on "undue or extreme physical or financial hardship" shall be required to provide the
judge with documentation, such as, but not limited to, federal and state income tax returns,
medical statements from licensed physicians, proof of dependency or guardianship, and
similar documents, which the judge finds to clearly support the request to be excused.
Failure to provide satisfactory documentation shall result in a denial of the request to be
excused. Documents submitted pursuant to this section are not public records and shall
not be disclosed to the general public.
new text end

new text begin Subd. 4. new text end

new text begin Return to jury pool. new text end

new text begin After 24 months, a person excused from jury
service shall become eligible once again for qualification as a juror unless the person was
excused from service permanently. A person is excused from jury service permanently
only when the deciding judge determines that the underlying grounds for being excused
are of a permanent nature.
new text end

Sec. 3.

new text begin [593.345] TERM OF SERVICE.
new text end

new text begin Subdivision 1. new text end

new text begin Maximum term. new text end

new text begin (a) In counties with a population of 100,000
or more, a term of service must not exceed one week or the completion of one trial,
whichever is longer. However, no person is required to continue to serve after the person
has reported to the courthouse for one day or after the completion of the trial on which the
juror is sitting, whichever is longer.
new text end

new text begin (b) In counties with a population of less than 100,000, a term of service must not
exceed one month. However, no person is required to continue to serve after the person
has reported to the courthouse for five days or after the completion of the trial on which
the juror is siting, whichever is longer.
new text end

new text begin Subd. 2. new text end

new text begin Exemption procedure. new text end

new text begin The Supreme Court may grant an exemption
from the requirements of subdivision 1 for a specified period of time to district courts in
counties with populations of less than 100,000 if the district court demonstrates good
cause by establishing that:
new text end

new text begin (1) the cost of implementing a one-day/one-trial system is so high that the district
court would be unable to provide essential services to the public if required to implement
such a system; or
new text end

new text begin (2) the requirements of this rule cannot be met because of the size of the population
in the county compared to the number of jury trials.
new text end

new text begin Subd. 3. new text end

new text begin Alternative plan. new text end

new text begin Any application for exemption from the requirements of
subdivision 1 shall demonstrate good cause for the exemption sought and shall include
either:
new text end

new text begin (1) a plan to fully comply with subdivision 1 by a specified date; or
new text end

new text begin (2) an alternative plan that would advance the purposes of this section to the extent
possible, given the conditions in the county.
new text end

new text begin Subd. 4. new text end

new text begin Limit on exemption. new text end

new text begin If the Supreme Court finds good cause, it may grant
an exemption for a limited period of time and on such conditions as it deems appropriate.
The term of jury service for all courts shall be the shortest period that is consistent with
the needs of justice. However, in no case shall a person be required to continue to serve
after the person has reported to the courthouse for ten days or after the completion of the
trial on which the juror is sitting, whichever is longer.
new text end

Sec. 4.

Minnesota Statutes 2006, section 593.42, subdivision 4, is amended to read:

Subd. 4.

Failure to appear.

Any person summoned for jury service who fails to
appear as directed shall be ordered by the court to appear and show cause for failure to
comply with the summons. Absent a showing of good cause for noncompliance with the
summons, the juror deleted text begin is guilty of a misdemeanor deleted text end new text begin shall be held in contempt of court and
shall be fined not more than $500. In addition to, or in lieu of, the fine, the court may
order the juror to complete a period of community service for a period no less than if
the person would have completed jury service and provide proof of completion of this
community service to the court. Any person summoned for jury service who intentionally
misrepresents a material fact for the purpose of avoiding or securing jury service is guilty
of a misdemeanor new text end .

Sec. 5.

Minnesota Statutes 2006, section 593.48, is amended to read:

593.48 COMPENSATION OF JURORS AND TRAVEL REIMBURSEMENT.

new text begin Subdivision 1. new text end

new text begin Juror compensation. new text end

A juror shall be reimbursed for round-trip
travel between the juror's residence and the place of holding court and compensated for
required attendance at sessions of court and may be reimbursed for additional day care
expenses incurred as a result of jury duty at rates determined by the Supreme Court. A
juror may request reimbursement for additional parking expenses incurred as a result of
jury duty, in which case the reimbursement shall be paid and the juror's compensation for
required attendance at sessions of court shall be reduced by the amount of the parking
reimbursement. Except in the Eighth Judicial District where the state shall pay directly,
the compensation and reimbursement shall be paid out of the county treasury upon receipt
of authorization to pay from the jury commissioner. These jury costs shall be reimbursed
monthly by the Supreme Court upon submission of an invoice by the county treasurer. A
monthly report of payments to jurors shall be sent to the jury commissioner within two
weeks of the end of the month in the form required by the jury commissioner.

new text begin Subd. 2. new text end

new text begin Lengthy trial fund. new text end

new text begin The Supreme Court shall promulgate rules to establish
a lengthy trial fund. The lengthy trial fund shall be used to provide full wage replacement
or wage supplementation to jurors who serve as jurors on civil or criminal trials for more
than ten days. The court rules shall provide for the following:
new text end

new text begin (1) selection and appointment of an administrator for the lengthy trial fund;
new text end

new text begin (2) administration procedures that provide that money in the lengthy trial fund shall
be used to make wage replacement or wage supplementation as provided in this section to
jurors participating on juries in trials where jury service extends 11 days or longer and to
recover all the costs of administering the lengthy trial fund, including payments of salaries
of the administrator and other necessary personnel;
new text end

new text begin (3) procedures for the accounting, auditing, and investing money in the lengthy trial
fund in accordance with state law pertaining to similar funds; and
new text end

new text begin (4) a report by the Supreme Court on the lengthy trial fund administration, to be
included in its annual report on the judicial branch. The report shall document the funds
collected for and disbursed from the fund.
new text end

new text begin Subd. 3. new text end

new text begin Lengthy trial fund fee. new text end

new text begin In addition to other applicable fees, each trial
court shall collect from each party who files a civil case, unless otherwise exempted under
the provisions of this section, a fee of $5 per case to be paid into the lengthy trial fund.
A case is "filed" when the first pleading or other filing in a case, on which pleading an
attorney's name appears, is filed. All such fees shall be forwarded to the administrator of
the lengthy trial fund for deposit.
new text end

new text begin Subd. 4. new text end

new text begin Claims not subject to fee. new text end

new text begin The following attorneys and causes of action
are exempt from payment of the lengthy trial fund fee:
new text end

new text begin (1) government attorneys entering appearances in the course of their official duties;
new text end

new text begin (2) pro se litigants;
new text end

new text begin (3) cases in small claims court; or
new text end

new text begin (4) 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.
new text end

new text begin Subd. 5. new text end

new text begin Supplemental compensation for lengthy trials. new text end

new text begin The administrator
shall use the fees deposited in the lengthy trial fund to pay full wage replacement or
supplementation to jurors whose employers pay less than full regular wages when the
period of jury service lasts more than ten days. Not more than five percent of the money in
the lengthy trial fund shall be used for the reasonable and necessary costs of administering
the fund. The money in the lengthy trial fund shall not be used for any purpose other than
as prescribed in this section. The court may pay replacement or supplemental wages of
up to $300 per day per juror beginning on the eleventh day of jury service. In addition,
for any jurors who qualify for payment by virtue of having served on a jury for more
than ten days, the court may, upon finding that such service posed a significant financial
hardship to a juror, even in light of payments made with respect to jury service on the 11th
day and thereafter, award replacement or supplemental wages of up to $100 per day from
the fourth to the tenth day of jury service.
new text end

new text begin Subd. 6. new text end

new text begin Procedure for obtaining supplemental compensation. new text end

new text begin Any juror who
serves on a jury that qualifies for payment from the lengthy trial may submit a request
for payment from the lengthy trial fund on a form that the administrator provides.
Payment shall be limited to the difference between the state paid jury fee authorized
under subdivision 1 and the actual amount of wages a juror earns, up to the maximum
level payable, minus any amount the juror actually receives from the employer during
the same time period. The form shall disclose the juror's regular wages, the amount
the employer will pay during the term of jury service starting on the 11th day and
thereafter, the amount of replacement or supplemental wages requested, and any other
information the administrator deems necessary for proper payment. The juror also shall be
required to submit verification from the employer as to the wage information provided
to the administrator, for example, the employee's most recent earnings statement or
similar document, prior to initiation of payment from the lengthy trial fund. If a juror is
self-employed or receives compensation other than wages, the juror may provide a sworn
affidavit attesting to the juror's approximate gross weekly income, together with such
other information as the administrator may require, in order to verify weekly income.
Documents submitted pursuant to this paragraph are not public records and shall not be
disclosed to the general public.
new text end

Sec. 6.

Minnesota Statutes 2006, section 593.50, subdivision 1, is amended to read:

Subdivision 1.

Juror protection.

An employer shall not deprive an employee of
employment, or threaten or otherwise coerce the employee with respect thereto, because
the employee receives a summons, responds thereto, serves as a juror, or attends court
for prospective jury service. new text begin An employee shall not be required to use annual leave, sick
leave, or vacation time, as a result of the employee's absence from employment due to such
jury duty or court appearance, upon giving reasonable notice to the employee's employer
of the court appearance or summons. Nothing in this provision shall be construed to
require an employer to provide annual leave, sick leave, or vacation time to employees
under the provisions of this subdivision who otherwise are not entitled to such benefits
under company policies.
new text end

Sec. 7. new text begin SUPERSEDED RULE.
new text end

new text begin Jury Management Rules 810 and 811 of the Minnesota General Rules of Practice
for the District Courts are superseded to the extent they conflict with section 1, 2, or 3
of this act.
new text end

Sec. 8. new text begin EFFECTIVE DATE.
new text end

new text begin Sections 1 to 7 are effective July 1, 2007, except that section 5, subdivision 6, is
effective on January 1, 2008.
new text end