SB 262: Judiciary Package; Prospective Jurors; Juror Qualification Form

A BILL FOR AN ACT

RELATING TO PROSPECTIVE JURORS.

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

     SECTION 1.  Section 612-3, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Juror qualification form" means the juror qualification form described in section 612-13."

     SECTION 2.  Section 612-13, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The clerk shall prepare an alphabetical list of the names in the master jury wheel, which shall not be disclosed to any person other than pursuant to this chapter or specific order of the court.  The clerk or the clerk's designee shall [mail] make available to every name on the list a juror qualification form accompanied by instructions to fill out and return the form [by mail] to the clerk or the clerk's designee within ten days after its receipt[.]; provided that the court shall determine the format of the form and the means of its delivery and return; provided further that the court may contact any one juror more than once and by more than one method.  The form shall be subject to approval by the court and shall elicit the name, address, and age of the prospective juror, other information pertinent to disqualification or exemption from jury service, and any other matters as may be ordered by the court.  The form also shall contain the prospective juror's declaration that the prospective juror's responses are true to the best of the prospective juror's knowledge and the prospective juror's acknowledgment that a wilful misrepresentation of a material fact may be punished by a fine of not more than $500 or imprisonment for not more than thirty days, or both.  Notarization of the juror qualification form shall not be required.  If the prospective juror is unable to fill out the form, another person may do it for the prospective juror and shall indicate that the person has done so and the reason therefor.  In any case in which it appears that there is an omission, ambiguity, or error in a form completed by a prospective juror, the clerk or the clerk's designee may return the form with instructions to the prospective juror to make such additions or corrections as may be necessary and to return the form to the clerk or the clerk's designee within ten days after its receipt.  Upon the failure or refusal of any person duly receiving the juror qualification form to complete and return it as required or instructed, the court, after first summoning the person to appear before the clerk to complete or correct the form, may punish the person for contempt."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on April 23, 2057.

Report Title:

Judiciary Package; Prospective Jurors; Juror Qualification Form

Description:

Authorizes the Judiciary to determine the format of the juror qualification form and the means of its delivery and return.  Authorizes the Judiciary to use more than one method of delivery and attempt to contact any one juror more than once.  Removes the requirement that the form be mailed.  Effective 4/23/2057.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to prospective jurors.

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

     SECTION 1.  Section 612-3, Hawaii Revised Statutes, is amended by adding a new definition to be appropriately inserted and to read as follows:

     ""Juror qualification form" means the juror qualification form described in section 612-13."

     SECTION 2.  Section 612-13, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  The clerk shall prepare an alphabetical list of the names in the master jury wheel, which shall not be disclosed to any person other than pursuant to this chapter or specific order of the court.  The clerk or the clerk's designee shall [mail] make available to every name on the list a juror qualification form accompanied by instructions to fill out and return the form [by mail] to the clerk or the clerk's designee within ten days after its receipt[.]; provided that the court shall determine the format of the form and the means of its delivery and return.  The form shall be subject to approval by the court and shall elicit the name, address, and age of the prospective juror, other information pertinent to disqualification or exemption from jury service, and any other matters as may be ordered by the court.  The form also shall contain the prospective juror's declaration that the prospective juror's responses are true to the best of the prospective juror's knowledge and the prospective juror's acknowledgment that a wilful misrepresentation of a material fact may be punished by a fine of not more than $500 or imprisonment for not more than thirty days, or both.  Notarization of the juror qualification form shall not be required.  If the prospective juror is unable to fill out the form, another person may do it for the prospective juror and shall indicate that the person has done so and the reason therefor.  In any case in which it appears that there is an omission, ambiguity, or error in a form completed by a prospective juror, the clerk or the clerk's designee may return the form with instructions to the prospective juror to make such additions or corrections as may be necessary and to return the form to the clerk or the clerk's designee within ten days after its receipt.  Upon the failure or refusal of any person duly receiving the juror qualification form to complete and return it as required or instructed, the court, after first summoning the person to appear before the clerk to complete or correct the form, may punish the person for contempt."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2025.

Report Title:

Judiciary Package; Prospective Jurors; Juror Qualification Form

Description:

Authorizes the Judiciary to determine the format of the juror qualification form and the means of its delivery and return.  Removes the requirement that the form be mailed.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO. 812

Honolulu, Hawaii

RE:    S.B. No. 262

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 262 entitled:

"A BILL FOR AN ACT RELATING TO PROSPECTIVE JURORS,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Authorize the Judiciary to determine the format of the juror qualification form and the means of its delivery and return; and

     (2)  Remove the requirement that the form be mailed.

     Your Committee received testimony in support of this measure from the Judiciary and one member of the Kauaʻi County Council.

     Your Committee received comments on this measure from the Office of the Public Defender.

     Your Committee finds that existing law only allows a juror qualification form to be mailed to prospective jurors and mailed back to the courts.  With advances in technology, many government agencies are leveraging technology to modernize government services and how they provide information and services to their users.  This measure will provide the Judiciary with the flexibility to make strategic determinations regarding the use of appropriate and effective methods or platforms for the juror qualification form to make the process easier and more convenient for prospective jurors while also encouraging greater participation in this important civic duty.

     Your Committee notes that this measure relates only to the delivery method of the juror qualification form and does not affect the contents of the questionnaire.

     Your Committee also notes that the Judiciary may need to contact a juror by more than one method and more than once if the initial method of delivery proves to be unsuccessful.

     Accordingly, your Committee has amended this measure by:

     (1)  Authorizing the Judiciary to contact any one juror more than once and by more than one method;

     (2)  Inserting an effective date of April 23, 2057, to encourage further discussion; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 262, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 262, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committee on Judiciary,