As Introduced

125th General Assembly Regular Session 2003-2004

S. B. No. 71

Senators Goodman, Harris, Amstutz 

---

A BILL

To amend sections 2313.11, 2313.12, 2313.13, 2313.15,

1

2313.16, 2313.18, 2313.30, 2313.34, and 2313.99

2

and to enact section 2313.48 of the Revised Code

3

to change the penalties for failure to attend as

4

required by a notice for jury service and to serve

5

as a juror, to change the circumstances under and

6

methods by which jury service may be postponed, to

7

provide protections for employees and small

8

employers when employees are summoned for jury

9

service, to shorten the period of jury service

10

after which a juror may be discharged, and to

11

create a fund to compensate individuals who serve

12

as petit jurors for more than ten days.

13

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1. That sections 2313.11, 2313.12, 2313.13, 2313.15,	14
2313.16, 2313.18, 2313.30, 2313.34, and 2313.99 be amended and	15
section 2313.48 of the Revised Code be enacted to read as follows:	16

Sec. 2313.11. (A) If a prospective juror fails to attend as	17
specified in the notice referred to in section 2313.10 of the	18
Revised Code, for any cause except physical disability, or if hea	19
prospective juror refuses to be sworn, or to answer any legal and	20
pertinent question put to himthe prospective juror by a	21
commissioner of jurors, such fact shall be reported by the	22
commissioner shall report that fact to the court and such person	23
shall be dealt with as for contempt of court. One or more	24
successive notices may be served upon the same person when hethe	25
person fails to attend as required by the former notice and he	26
shall be liable to punishment as for contempt of court for each	27
failure to attend. A commissioner may dispense with the personal	28
attendance of a person so notified, when another person cognizant	29
of the facts is produced and testifies in his stead. When a person	30
has so attended twice for examination, hethe person cannot be	31
required to attend again in the same jury year.	32

(B) No prospective juror shall fail to attend as specified in	33
the notice referred to in section 2313.10 of the Revised Code.	34

(C) No prospective juror shall fail to answer any legal and	35
pertinent question put to the prospective juror by a commissioner	36
of jurors.	37

Sec. 2313.12. It is the policy of this state that all	38
qualified citizens have an obligation to serve on petit juries	39
when summoned by the courts of this state unless the citizen is	40
excused as provided in sections 2313.01 to 2313.46 of the Revised	41
Code. The granting of an excuse or postponement to a juror shall	42
be permitted as prescribed by sections 2313.01 to 2313.46 of the	43
Revised Code and the general statutes of the state. The	44
commissioners of jurors, upon request, shall issue to a person who	45
is granted an excuse or postponement a certificate of that fact,	46
and the certificate shall excuse the person to whom it is granted	47
from jury service during the time specified in the certificate or	48
shall postpone the time for jury service of the person to whom it	49
is granted to the time specified in the certificate. The	50
commissioners shall keep a record of all proceedings before them	51
or in their office, of all persons who are granted an excuse or	52
postponement, and of the time of and reasons for the excuse or	53
postponement.	54

Sec. 2313.13. (A) The court of common pleas of a county or	55
the judge of the court of common pleas of a county may discharge,	56
for the term of a court or for part of a term of a court, one or	57
more jurors summoned for jury duty whose attendance is not	58
required for the trial of issues at that term or part of a term.	59

(B)(1) The court of common pleas of a county or a judge of	60
the court of common pleas of a county may, upon a request made by	61
a juror who appears in person or who contacts the clerk of the	62
court by telephone, in writing, or by electronic mail, shall	63
postpone the whole or a part of a juror's time of service onthe	64
juror's initial appearance for jury duty, after summoning the	65
juror for jury duty, to eitherif both of the following apply:	66

(a) To a later date during the same term of court or part of	67
a term of court;	68

(b) To a subsequent term of court or part of a term of court	69
of the same jury year.	70

(2) Each(1) The juror has not previously been granted a	71
postponement.	72

(2) The juror and the clerk of court agree to a specified	73
date on which the juror will appear for jury service. The	74
specified date shall be one on which the court is in session and	75
that is not more than six months after the date for which the	76
juror was originally called to serve.	77

(B) The court of common pleas of a county or the judge of the	78
court of common pleas of a county may grant a second or subsequent	79
postponement of jury service to a juror only in the event of an	80
extreme emergency, such as a death in the juror's family, a sudden	81
illness of the juror, or a natural disaster or national emergency	82
in which the juror is personally involved, that could not have	83
been anticipated at the time the initial postponement was granted.	84
Before receiving a second or subsequent postponement, the juror	85
shall agree to a specified date on which the juror will appear for	86
jury service. The specified date shall be one on which the court	87
is in session and that is not more than six months after the date	88
of the postponement.	89

Each juror whose time of service on jury duty is postponed	90
until a specified date may be required to attend the opening of	91
court on that day and on each day after that day until the juror	92
is discharged, without additional summons from the court.	93

(C) The court of common pleas of a county, or a judge of the	94
court of common pleas of a county, may excuse until a specified	95
date one or more jurors summoned for jury duty whose attendance is	96
not required for the trial of issues until that day. Each juror	97
excused until a specified date may be required to attend the	98
opening of court on that day and on each day after that day until	99
the juror is discharged, without additional summons from the	100
court.	101

(D) The court of common pleas of a county or a judge of the	102
court of common pleas of a county may excuse a juror, after	103
summoning the juror for jury duty, from service on jury duty at	104
that term of court for not more than three days at a time, if the	105
exigencies of the juror's business require the juror's temporary	106
excuse.	107

Sec. 2313.15.  The commissioners of jurors shall report the	108
names of all jurors granted a postponement or temporarily excused	109
to a subsequent part of a term or to a subsequent term as provided	110
in section 2313.13 of the Revised Code, to the officers attending	111
the drawing of the jurors for that term or part of a term, and	112
each such name shall be placed upon the list of jurors drawn as	113
provided by sections 2313.01 to 2313.46 of the Revised Code. Such	114
juror shall be made one of the total number directed to be drawn	115
for that term or part of a term, and no more names shall be drawn	116
from the jury wheel, or drawn by use of the automation data	117
processing equipment and procedures described in section 2313.07	118
of the Revised Code, than are sufficient to make up the number	119
ordered by adding the names of the jurors so excused to the names	120
then drawn.	121

Sec. 2313.16. (A) Except as provided by section 2313.13 of	122
the Revised Code, the court of common pleas shall not excuse a	123
person who is liable to serve as a juror and who is drawn and	124
notified, unless it is shown to the satisfaction of the judge by	125
either the juror or another person acquainted with the facts that	126
one or more of the following applies:	127

(A) The juror is then necessarily absent from the county and	128
will not return in time to serve.	129

(B)(1) The interests of the public or of the juror will be	130
materially injured by the juror's attendance.	131

(C) The juror is physically unable to serve.

132

(D) The juror's spouse or a near relative of the juror or the	133
juror's spouse has recently died or is dangerously ill.	134

(E) The juror had been called as a juror for trial in a court	135
of record in the county within the same jury year.	136

(F) The juror is a cloistered member of a religious	137
organization.	138

(2) The prospective juror has a mental or physical condition	139
that causes the prospective juror to be incapable of performing	140
jury service. The prospective juror, or the prospective juror's	141
personal representative, must provide the court with documentation	142
from a physician licensed to practice medicine verifying that a	143
mental or physical condition renders the prospective juror unfit	144
for jury service for a period of up to twenty-four months.	145

(3) Jury service would otherwise cause undue or extreme	146
physical or financial hardship to the prospective juror or a	147
person under the care or supervision of the prospective juror. A	148
judge of the court for which the prospective juror was called to	149
jury service shall make undue or extreme physical or financial	150
hardship determinations. The judge may delegate the authority to	151
make these determinations only to court officials or personnel who	152
are authorized by the laws of this state to function as members of	153
the judiciary.	154

(B) A prospective juror who requests to be excused from jury	155
service under this section shall take all actions necessary to	156
obtain a ruling on that request by no later than the date on which	157
the prospective juror is scheduled to appear for jury duty.	158

(C)(1) For purposes of this section, undue or extreme	159
physical or financial hardship is limited to circumstances in	160
which any of the following apply:	161

(a) The prospective juror would be required to abandon a	162
person under the prospective juror's personal care or supervision	163
due to the impossibility of obtaining an appropriate substitute	164
caregiver during the period of participation in the jury pool or	165
on the jury.	166

(b) The prospective juror would incur costs that would have a	167
substantial adverse impact on the payment of the prospective	168
juror's necessary daily living expenses or on those for whom the	169
prospective juror provides the principle means of support.	170

(c) The prospective juror would suffer physical hardship that	171
would result in illness or disease.	172

(2) Undue or extreme physical or financial hardship does not	173
exist solely based on the fact that a prospective juror will be	174
required to be absent from the prospective juror's place of	175
employment.	176

(D) A prospective juror who asks a judge to grant an excuse	177
based on undue or extreme physical or financial hardship shall	178
provide the judge with documentation, including, but not limited	179
to, federal and state income tax returns, medical statements from	180
licensed physicians, proof of dependency or guardianship, and	181
similar documents, that the judge finds to clearly support the	182
request to be excused. If a prospective juror fails to provide	183
satisfactory documentation, the court shall deny the request to be	184
excused.	185

(E) When a personprospective juror who is liable to serve is	186
excused in a case specified in this section, the prospective juror	187
can be excused only by the judge presiding in the case or a	188
representative of the judge. An excuse approved pursuant to this	189
section shall not extend beyond that term. Every approved excuse	190
shall be recorded and filed with the commissioners of jurors.	191
After twenty-four months, a person excused from jury service shall	192
become eligible once again for qualification as a juror unless the	193
person was excused from service permanently. A person is excused	194
from jury service permanently only when the deciding judge	195
determines that the underlying grounds for being excused are of a	196
permanent nature.	197

Sec. 2313.18.  (A) No employer shall discharge or threaten to	198
discharge any permanent employee who is summoned to serve as a	199
juror pursuant to Chapter 2313. of the Revised Code or otherwise	200
subject any permanent employee to any adverse employment action as	201
a result of the employee's service as a juror if the employee	202
gives reasonable notice to the employer of the summons prior to	203
the commencement of the employee's service as a juror and if the	204
employee is absent from employment because of the actual jury	205
service.	206

(B) No employer shall require or request an employee to use	207
annual, vacation, or sick leave for time spent responding to a	208
summons for jury duty, time spent participating in the jury	209
selection process, or for time spent actually serving on a jury.	210
Nothing in this division requires an employer to provide annual,	211
vacation, or sick leave to employees under the provisions of this	212
section who otherwise are not entitled to those benefits under the	213
employer's policies.	214

(C) A court shall automatically postpone and reschedule the	215
service of a summoned juror of an employer with five or fewer	216
full-time employees, or their equivalent, if another employee of	217
that employer has previously been summoned to appear during the	218
same period. Such postponement will not constitute the excused	219
individual's right to one automatic postponement pursuant to	220
section 2313.13 of the Revised Code.	221

(D) Whoever violates this section shall be punished as for a	222
contempt of court pursuant to Chapter 2705. of the Revised Code.	223

Sec. 2313.30. When aNo person whose name is drawn and who	224
is notified, failsshall fail to attend and serve as a juror at a	225
term of a court of record, without having been excused, the court,	226
besides imposing a fine as prescribed in section 2313.29 of the	227
Revised Code, may direct the sheriff to arrest him and bring him	228
before the court; and when he has been so brought in, it may	229
compel him to serve, or it may punish him as for contempt of	230
court.	231

Sec. 2313.34.  (A) A person who is summoned as a juror and	232
who has actually served as a juror in any county of the state	233
under sections 2313.01 to 2313.46 of the Revised Code for three	234
consecutive calendar weeksone day shall be discharged by the	235
court, except that the person shall not be so discharged until the	236
close of a trial in which the person may be serving when the	237
person's jury term expires.	238

(B)(1) The board of county commissioners by resolution shall	239
fix the compensation of each juror, not to exceed forty dollars	240
for each day's attendance, payable out of the county treasury.	241

(2) After ten days of actual service, except as otherwise	242
authorized by division (B)(2) of this section, the compensation of	243
a juror shall be fixed for each additional day of actual service	244
at an amount equal to the greater of fifteen dollars or one and	245
one-half times the compensation fixed pursuant to division (B)(1)	246
of this section. The board of county commissioners by resolution	247
may set the compensation at a greater amount that shall not exceed	248
two times the compensation fixed pursuant to division (B)(1) of	249
this section.	250

(3) Residents of townships that are comprised entirely of	251
islands shall be reimbursed for the additional transportation	252
costs they incur to serve as a juror, in the amount certified to	253
be due by a judge of the court in which the jury service is	254
performed.	255

(C) A person who is discharged as prescribed in this section	256
is thereafter prohibited from jury service in any court of the	257
state until the second jury year after the day of the person's	258
last service, except in counties of less than one hundred thousand	259
population, in which cases the court shall make rules in the	260
county applicable to subsequent jury service by persons of that	261
nature.	262

(D) Whenever the certificates of the clerk of the court of	263
common pleas show that a person is entitled to a discharge as	264
prescribed in this section, the commissioners of jurors, upon	265
request, shall certify to that fact. No person shall be exempted	266
from jury service for any reason, but a person may be excused from	267
jury service or have the person's jury service postponed in	268
accordance with sections 2313.01 to 2313.46 of the Revised Code	269
and the general statutes of the state.	270

(E) No person shall be exempted or excused from jury service	271
or be granted a postponement of jury service by reason of any	272
financial contribution to any public or private organization.	273

Sec. 2313.48. (A) The supreme court shall promulgate rules to	274
establish a lengthy trial fund that shall be used to provide full	275
or partial wage replacement or wage supplementation to jurors who	276
serve as petit jurors for more than ten days. The court rules	277
shall provide for all of the following:	278

(1) The selection and appointment of an administrator for the	279
fund;	280

(2) Procedures for the administration of the fund, including	281
payments of salaries of the administrator and other necessary	282
personnel;	283

(3) Procedures for the accounting, auditing and investment of	284
money in the lengthy trial fund;	285

(4) A report by the supreme court of Ohio on the	286
administration of the lengthy trial fund in its annual report on	287
the judicial branch, setting forth the money collected for and	288
disbursed from the fund.	289

(B) Notwithstanding any other compensation or fees payable	290
under the laws of this state, each trial court in the state shall	291
collect from each attorney who files a civil case, unless	292
otherwise exempted under the provisions of this section, a fee of	293
twenty dollars per case to be paid into the lengthy trial fund. An	294
attorney shall be considered to have filed a case at the time the	295
first pleading or other filing on which an individual attorney's	296
name appears is submitted to the court for filing and opens a new	297
case. The trial court shall forward all fees collected under this	298
section to the administrator of the lengthy trial fund for deposit	299
into that fund.	300

(C) The administrator shall use the fees deposited in the	301
lengthy trial fund to pay full or partial wage replacement or	302
supplementation to jurors whose employers pay less than full	303
regular wages when the period of jury service lasts more than ten	304
days.	305

(D) The court may pay replacement or supplemental wages of up	306
to three hundred dollars per day per juror beginning on the	307
eleventh day of service. This wage replacement or supplementation	308
shall be granted in addition to any reimbursements for expenses or	309
other payments a juror may receive under section 2313.34 of the	310
Revised Code. In addition, for any jurors who qualify for payment	311
by virtue of having served on a jury for more than ten days, the	312
court may, upon finding that such service posed a significant	313
financial hardship to a juror, even in light of payments made with	314
respect to jury service after the tenth day, award replacement or	315
supplemental wages of up to one hundred dollars per day from the	316
fourth to the tenth day of jury service.	317

(E) Any juror who is serving or has served on a jury that	318
qualifies for payment from the lengthy trial fund, provided the	319
service commenced on or after the effective date of this section,	320
may submit a request for payment from the lengthy trial fund on a	321
form that the administrator provides. Payment shall be limited to	322
the difference between the state paid jury fee and the actual	323
amount of wages a juror earns, up to the maximum level payable,	324
minus any amount the juror actually receives from the employer	325
during the same time period.	326

The form shall disclose the juror's regular wages, the amount	327
the employer will pay during the term of jury service starting on	328
the eleventh day and thereafter, the amount of replacement or	329
supplemental wages requested, and any other information the	330
administrator deems necessary for proper payment.	331

The juror also shall be required to submit verification from	332
the employer as to the wage information provided to the	333
administrator, for example, the employee's most recent earnings	334
statement or similar document, prior to initiation of payment from	335
the fund.	336

If an individual is self-employed or receives compensation	337
other than wages, the individual may provide a sworn affadavit	338
attesting to his or her approximate gross weekly income, together	339
with such other information as the administrator may require, in	340
order to verify weekly income.	341

(F) The following attorneys and causes of action are exempt	342
from payment of the lengthy trial fund fee:	343

(1) Government attorneys entering appearances in the course	344
of their official duties;	345

(2) Pro se litigants;

346

(3) Cases in small claims court;

347

(4) Claims seeking social security disability determinations;	348
individual veterans' compensation or disability determinations;	349
recoupment actions for government backed educational loans or	350
mortgages; child custody and support cases; actions brought in	351
forma pauperis; and any other filings designated by rule that	352
involve minimal use of court resources and that customarily are	353
not afforded the opportunity for a trial by jury.	354

Sec. 2313.99.  (A) Whoever violates section 2313.29 of the	355
Revised Code may be fined not less than twenty-five nor more than	356
two hundred fifty dollars.	357

(B) Whoever violates section 2313.30 or 2313.47 of the	358
Revised Code shall be fined not less than fifty nor more than five	359
hundred dollars, imprisoned not less than thirty nor more than	360
ninety days, or both.	361

(C) Whoever violates division (B) or (C) of section 2313.11	362
of the Revised Code is guilty of a misdemeanor of the third	363
degree. If successive notices are served on a prospective juror	364
pursuant to section 2313.11 of the Revised Code, each failure in	365
violation of division (B) of section 2313.11 of the Revised Code	366
to attend as specified in the successive notices is a separate	367
offense.	368

Section 2. That existing sections 2313.11, 2313.12, 2313.13,	369
2313.15, 2313.16, 2313.18, 2313.30, 2313.34, and 2313.99 of the	370
Revised Code are hereby repealed.	371