SJR 10 — Joint Resolution Amending Court Rules Regarding Jury Selection

SJR010S02 compared with SJR010S01SJR010 {Omitted text} shows text that was in SJR010S01SJR010 but was omitted in SJR010S02 inserted text shows text that was not in SJR010S01SJR010 but was inserted into SJR010S02 DISCLAIMER:

None J Other Special Clauses:

R This resolution provides a special effective date.

1J R Utah Rules of Criminal Procedure Affected:

0 S AMENDS:

1 SJR010S01SJR010 compared with SJR010S02 Rule 17.5 , Utah Rules of Criminal Procedure Rule 18 , Utah Rules of Criminal Procedure Be it resolved by the Legislature of the state of Utah, two-thirds of all members elected to each of the two houses voting in favor thereof:

Rule 17.517.5. .

(a) Definitions.(1) "Participant" means a party, a participating victim, or an attorney for a party or participating victim.

(1) "Participant" means a party, a participating victim, or an attorney for a party or participating victim.

(b) Setting[The]Except as provided in Rule 18(b), the court has discretion to set a hearing format;as an in-person hearing, a remote hearing, or a hybrid hearing.

factors to consider.

[The] Except as provided in Rule 18(b), the court has discretion to set a hearing as an in-person hearing, a remote hearing, or a hybrid hearing.

(6) whether and to what extent documentary or testimonial evidence is likely to be - 2 - SJR010S01SJR010 compared with SJR010S02 presented;

(c) Request(1) A participant may request that the court allow the participant or a witness to appear at a hearing by a different format.format than that set by the court.

(1) Manner of request.

A participant may request that the court allow the participant or a witness to appear at a hearing by a different format than that set by the court.

(A) Email(i) andAn email or letter requests.request must be copied on all parties;

(i) An email or letter request must be copied on all parties;

(B) RequestIf making a request by written motion.motion, the motion must succinctly state the grounds for the request and be accompanied by a request to submit for decision and a proposed order.

If making a request by written motion, the motion must succinctly state the grounds for the request and be accompanied by a request to submit for decision and a proposed order.

(2) Timing.All requests, except those made verbally during a hearing, must be sent to the court at least seven days before the hearing unless there are exigent circumstances or the hearing was set less than seven days before the hearing date, in which cases the request must be made as soon as reasonably possible.

All- requests,3 except- thoseSJR010 madecompared verballywith duringSJR010S02 a(d) hearing,(1) mustThe be sent to the court atmay leastrule sevenon daysa before the hearing unless there are exigent circumstances or the hearing was set less than seven days before the hearing date, in which cases the request mustunder beparagraph made(c) aswithout soonawaiting asa reasonablyresponse. possible.

- 3 - SJR010S01 compared with SJR010S02 (d) Resolution of the request.

(1) Timing and manner of resolution.

The court may rule on a request under paragraph (c) without awaiting a response.

(2) Court'sThe accommodationcourt will accommodate a timely request unless the court makes, on the record, a finding of participant'sgood preference;cause to order the participant to appear in the format originally noticed.

factors to consider.

The court will accommodate a timely request unless the court makes, on the record, a finding of good cause to order the participant to appear in the format originally noticed.

(F) the possibility that the court [m ay]ay]may may order a party, who is not already in custody, into custody;

(3) EffectThe onpreference otherof participants.one participant, and the court's accommodation of that preference, does not:

The- preference4 of- oneSJR010 participant,compared andwith theSJR010S02 court's(A) accommodationchange the format of thatthe preference,hearing doesfor not:any other participant unless otherwise ordered by the court;

- 4 - SJR010S01 compared with SJR010S02 (A) change the format of the hearing for any other participant unless otherwise ordered by the court;

When the challenges for cause are completed, the clerk shall provide a list of the jurors remaining, and - 5 - SJR010S01SJR010 compared with SJR010S02 each side, beginning with the prosecution, shall indicate thereon its peremptory challenge to one juror at a time in regular turn until all peremptory challenges are exhausted or waived.

(b) (1) (i) In a felony case, the court {shall } must conduct jury selection in person at the place of trial unless both parties agree, on the record, that jury selection be conducted virtually.

(ii) When jury selection is conducted {as described } in person under paragraph (b)(1)(i), all prospective jurors must appear in person for examination.

[(c)(1)](ii) The challenge to the panel shall be taken before the jury is sworn and shall be in - 6 - SJR010S01 compared with SJR010S02 writing or made upon the record.

It shall specifically set forth the facts constituting the grounds - 6 - SJR010 compared with SJR010S02 of the challenge.

- 7 - SJR010S01 compared with SJR010S02 [(e)](4) The existence of any social, legal, business, fiduciary or other relationship between - 7 - SJR010 compared with SJR010S02 the prospective juror and any party, witness or person alleged to have been victimized or injured by the defendant, which relationship when viewed objectively, would suggest to reasonable minds that the prospective juror would be unable or unwilling to return a verdict which would be free of favoritism.

Alternate jurors must - 8 - SJR010S01 compared with SJR010S02 have the same qualifications and be selected and sworn in the same manner as any other juror.

- 8 - SJR010 compared with SJR010S02 If one or two alternate jurors are called, the prosecution and defense shall each have one additional peremptory challenge.