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Jury reform proposals
The California Judicial Council has forwarded jury reform recommendations
to the legislature, including a proposal to increase jurors' pay and limit
lawyers' power to dismiss prospective jurors for no reason.
The Judicial Council, headed by Chief Justice Ronald George, is the
policy-making body of the state's courts.The recommendations, which follow
a report by a "blue ribbon" committee, include:
- Increasing juror pay to $40 per day after the first day, then $50 a
day after 30 days. The current $5 a day rate is one of the lowest in the
nation.
- Reimbursing jurors for travel at 28 cents per mile and providing parking
or paying expenses for parking.
- Providing child care reimbursement by the state.
- Allowing prospective jurors to be identified by number rather than
name. Chief Justice George broke the tie for this proposal, which was approved
by a vote of 9-8.
- Providing tax credits for employers who continue to pay their employees
while on jury duty.
- Allowing judges to block driver's license renewals for those who continually
ignore summons.
The council shelved its most controversial proposal, allowing non-unanimous
jury verdicts in non-capital criminal cases.
The Judicial Council recommendations generally have been supported by
the State Bar Board of Governors, with the exception of four items dealing
with a reduction of peremptory challenges.
However, the board's Committee on Courts & Legislation agreed to
send the Judicial Council recommendations on peremptory challenges back
to the board for more discussion.
"We continue to think the Judicial Council is right on this issue,"
said committee member John McGuckin.
These recommendations are:
- Provide each side with 12 challenges in cases where the offense is
punishable by death or life imprisonment, six in all other felonies and
three in all misdemeanors.
- Set a proportionate reduction in the number of additional challenges
for multi-defendant cases.
- Provide each party in a two-party civil action in municipal court with
three challenges, and each side in all other civil actions in municipal
court with four challenges. No changes for superior court.
- Allow juries of eight or less in municipal court civil cases.
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