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HomeMy WebLinkAboutResolutions - 1962.02.06 - 19776Miscellaneous Resolution 3898 February 6, 1962 ,,,,..nn•••••n••.•nnn•••••n 1 BY: Mr. Semann (Legislative Committee) IN RE: JURY COMMISSION To the Oakland County Board of Supervisors Mr. Chairman, Ladies and Gentlemen: The Board in 1 957 referred the matter of legislation relative to a Jury Commission to your Legislative Committee. Since that time the Committee has reviewed the Wayne County plan which is a 7—man Jury Commission appointed by the Governor under Act No 204 of the Public Acts of 1893. The County Bar Association presented a report and proposed new legislation which is patterned after the Wayne County system. At the request of your Committee, the County Clerk reviewed the problems which have arisen as the result of four "Challenge to the Array" which have been filed in Circuit Court questioning the procedure used in this County as to empaneling of jurors. Under the present law the assessing officer in each unit is instructed to draw one juror for each 400 people in his assessing district. These names are returned to the County Clerk who sends a questionnaire to each person. Juries are drawn for each term of court from the list of names submitted. According to the County Clerk, the problems and objections arising from this method are: 1. It is not clear from the statute as to how each assessing officer is to determine the qualifications of persons selected to serve as jurors. 2. The "at random" selection by the assessors could very well be 46 individual systems since there are that number of assessing districts in the County. 3. Since there is no test for juror qualification prior to their being drawn for jury duty, the enforcement is left strictly up to the Circuit Judges on their voir dire questioning of the jurors. Your Committee also consulted with the Circuit Judges and the Prosecuting Attorney for their suggestions. The Circuit Judges, in a report signed by all five of the Judges, concluded that the present statutory system, if well administered, would work well and that as a whole has been well administered over the years. They did point out certain objectionable practices where there is need for improvement such as: 1. Safeguard against repeaters. 2. Age ranges of jurors selected should be more in balance as to young, middle aged, elderly. 3. There should be a more equal balance of men and women. 4. Establishment of a uniform method of selection of all jurors according to a fixed formula. The Judges also suggested that if there is to be new legislation which would provide for the appointment of Jury Commissioners that such appointment be by the Circuit Bench which has the ultimate responsibility of insuring an impartial jury. The County Clerk suggested to your Committee as follows: 1. That voters registration records rather than assessment rolls be used from which jurors would be selected and that a duplicate set of registration records be located in the office of the County Clerk. 2, That administration of the jury system be handled by the County Clerk, 3. That it be mandatory for prospective jurors to fill out questionnaires and appear before either a Jury Commission or Committee to be orally examined. 4. That appointment of any Jury Commission be made either by the Circuit Judges, the Board of Supervisors or the County Clerk. 5. That the County Clerk be the Clerk of the Commission. 6. That the Jury Commission be paid a flat rate compensation set by the Board of Supervisors. _ William A. Ewart Carl F. Ingraham Wil I ra—rn C. Hudson Cyril. E. Wier LEGISLATIVE COMMITTEE G. SeMEtnn, Chairman After considering the various proposals and suggestions made, your Legislative Committee adopted a resolution on February 2, 1962, recommending legislation for a Jury Commission in Oakland County which would incorporate the following principles: 1. A 3 member Jury Commission appointed by the Circuit Judges with the consent and approval of the Board of Supervisors. 2. That selection of jurors be made from a duplicate registration record of voters within the office of the County Clerk, 3. That the County Clerk be the Clerk of the Jury Commission and vested with the responsibility to administer the jury system. MR. CHAIRMAN, on behalf of the Legislative Committee, I move that the foregoing recommendations be approved and that the Legislative Committee be authorized to draft legislation in accordance therewith to be submitted to the present Session of the State Legislature.