Feed for /1997/statutes/statutes/756 PDF
CHAPTER 756
JURies
756.001 State policy on jury service; opportunity and obligation to serve as juror.
756.02 Juror qualifications.
756.03 Excuse; deferral.
756.04 Prospective juror lists; number; how compiled.
756.05 Jury summons, when and how issued.
756.06 Jury selection.
756.07 Insufficient jurors.
756.08 Oaths and affirmations.
756.25 Juror fees and mileage.
756.255 Leave of absence.
756.28 Length of juror service; periods of required availability.
756.30 Penalties.
756.001 756.001 State policy on jury service; opportunity and obligation to serve as juror.
756.001(1) (1) Trial by jury is a cherished constitutional right.
756.001(2) (2) Jury service is a civic duty.
756.001(3) (3) No person who is qualified and able to serve as a juror may be excluded from that service in any court of this state on the basis of sex, race, color, sexual orientation as defined in s. 111.32(13m), disability, religion, national origin, marital status, family status, lawful source of income, age or ancestry or because of a physical condition.
756.001(4) (4) All persons selected for jury service shall be selected at random from the population of the area served by the circuit court. All qualified persons shall have an equal opportunity to be considered for jury service in this state and the obligation to serve as jurors when summoned under this chapter for that purpose. Any manual or automated method of selection that provides each qualified person with an equal probability of selection for jury service or that provides each prospective juror with an equal opportunity for assignment to a particular trial may be used.
756.001(5) (5) The presiding judge of each circuit court, or, if there is none, the circuit judge designated by the chief judge to supervise the jury system, shall be responsible for administering the jury system in that court and shall discharge that duty in an efficient, equitable and cost-effective manner, in accordance with this chapter. The clerk of circuit court, if delegated by and under the supervision of the judge responsible for administering the jury system, may select and manage juries under policies and rules established by the judges in that circuit court.
756.001 History History: 1991 a. 271; Sup. Ct. Order No. 96-08, 207 W (2d) xv (1997).
Effective date note Judicial Council Note, 1996: Subsections (1) and (2) are based on prior s. 756.001(1). Subsection (3) implements ABA Standard 4 by expanding the nondiscrimination clause of prior s. 756.01(3) to all classes protected under the state equal rights statute, s. 101.22. Subsection (4) implements ABA Standard 3 and is based on prior s. 756.001(2). Subsection (5), based on the same prior statute, implements ABA Standard 10. [Re SCO No. 96-08 eff. 7-1-97]
756.02 756.02 Juror qualifications. Every resident of the area served by a circuit court who is at least 18 years of age, a U.S. citizen and able to understand the English language is qualified to serve as a juror in that circuit unless that resident has been convicted of a felony and has not had his or her civil rights restored.
756.02 History History: Sup. Ct. Order No. 96-08, 207 W (2d) xv (1997).
Effective date note Judicial Council Note, 1996: This section, based on prior s. 756.01 (1), implements ABA Standard 4. [Re SCO No. 96-08 eff. 7-1-97]
756.03 756.03 Excuse; deferral.
756.03(1)(1) E xcuse. The court to which a person is summoned for jury service may excuse the person from jury service if the court determines that the person cannot fulfill the responsibilities of a juror. The court shall not consider any structural limitations of a facility when making that determination.
756.03(2) (2)Deferral. The court to which a person is summoned for jury service may, upon request of that person, defer to a later date set by the court the period in which the person must serve if the court determines that service as a juror would entail undue hardship, extreme inconvenience or serious obstruction or delay in the fair and impartial administration of justice.  
756.03(3) (3) Clerk authorized to grant. The judge responsible for administering the jury system in the circuit court may authorize the clerk of circuit court to grant excuses or deferrals under this section. The authorization may limit the grounds on which the clerk of circuit court may grant the excuse or deferral and may require persons seeking an excuse or deferral to document the basis for any excuse or deferral.
756.03 History History: Sup. Ct. Order No. 96-08, 207 W (2d) xv (1997).
Effective date note Judicial Council Note, 1996: This proposal, implementing ABA Standard 6, repeals the concept of exclusions and exemptions under prior s. 756.02. Instead, it allows judicial excuses for persons who clearly cannot fulfill the duties of a juror and deferrals for undue hardship. Periods of required availability for jury service are set forth in s. 756.28. [Re SCO No. 96-08 eff. 7-1-97]
756.04 756.04 Prospective juror lists; number; how compiled.
756.04(1)(1) In this section:
756.04(1)(a) (a) "Department" means the department of transportation.
756.04(1)(b) (b) "Department list" means a compilation of information prepared by the department that includes the name, address, date of birth, race and gender of each person who is licensed as a motor vehicle operator under ch. 343 or who has received an identification card under s. 343.50 or 343.51.
756.04(1)(c) (c) "Race" means African American, American Indian or Alaskan Native, Asian or Pacific Islander, Caucasian, Hispanic, or other racial category.
756.04(2) (2) Jurors for all circuit courts, except jurors under ch. 80, shall be selected under ss. 756.04 to 756.07.
756.04(3) (3) Annually, on a date established by the secretary of transportation, the department shall transmit, without charge, to each clerk of circuit court a department list of persons residing in the area served by that circuit court. The department shall establish, by rule, uniform specifications regarding the size, format and content of computer tapes or other media used to prepare the department list.
756.04(4) (4) The clerk of circuit court shall compile the list of prospective jurors by selecting names at random from the department list or from a master list created under this subsection and sub. (5).
756.04(5) (5)
756.04(5)(a)(a) The clerk of circuit court may create a master list using the department list and any of the following:
756.04(5)(a)1. 1. Voter registration lists.
756.04(5)(a)2. 2. Telephone and municipal directories.
756.04(5)(a)3. 3. Utility company lists.
756.04(5)(a)4. 4. Lists of payers of real property taxes.
756.04(5)(a)5. 5. Lists of high school graduates who are 18 years of age or older.
756.04(5)(a)6. 6. Lists of persons who are receiving aid to families with dependent children under subch. III of ch. 49.
756.04(5)(b) (b) To create a master list, the clerk of circuit court shall select randomly a sample of names from each source used. The same percentage of names shall be selected from each source used. The department list shall be the primary source, and the names selected from the department list shall be compared with the names from the 2nd source. Duplicate names shall be removed from the 2nd source sample and the remaining names shall be combined with the names selected from the department list to create the master list. If more than 2 source lists are used, this process shall be repeated, using the previously compiled master list for comparison with any additional source list.
756.04(6) (6) The clerk of circuit court shall mail to every prospective juror, separately or together with the summons under s. 756.05, a juror qualification form accompanied by instructions requiring the person to complete and return the form to the clerk within 10 days after receiving it. The form shall request all of the following:
756.04(6)(a) (a) Information necessary to determine if the person is qualified to serve as a juror in that circuit court.
756.04(6)(b) (b) The race of the prospective juror.
756.04(6)(c) (c) The prospective juror's declaration that the responses are true to the best of his or her knowledge.
756.04(7) (7) The form under sub. (6) may request other information that the court needs to manage the jury system in an efficient manner, including information ordinarily sought during voir dire examination. The form under sub. (6) shall include a notice that, if the person wilfully misrepresents a material fact or fails to return the completed form within 10 days after its receipt, the person may be required to forfeit not more than $500.
756.04(8) (8) If a prospective juror is unable to fill out the form under sub. (6), another person may complete the form and shall indicate why the person has done so. If it appears that there is an omission, ambiguity or error in a returned form, the clerk of circuit court shall return the form to the person with instructions to correct and return the form to the clerk within 10 days after receiving the form.
756.04(9) (9) During each year, the clerk of circuit court shall provide the court with a sufficient number of names of prospective jurors to meet the needs of the court. The clerk shall randomly select names from the department list or master list and strike the name of any person randomly selected whose returned juror qualification form shows that the person is not qualified for jury service under s. 756.02. The clerk shall certify that the names were selected in strict conformity with this chapter. The clerk shall include a verified statement with the list of names describing the manner in which the names were selected, including an identification of all sources used in the preparation of the list. The clerk shall keep a certified copy of the names of prospective jurors, including the address of each prospective juror, for public inspection.
756.04(10) (10) The clerk of circuit court shall keep computerized juror lists secure against unauthorized access.
756.04 History History: 1973 c. 267, 272; 1977 c. 187 ss. 95, 135; 1977 c. 273, 318; 1977 c. 447 ss. 185, 210; 1977 c. 449; Stats. 1977 s. 756.04; 1979 c. 128; 1987 a. 151; 1991 a. 271; 1995 a. 27; Sup. Ct. Order No. 96-08, 207 W (2d) xv (1997).
Effective date note Judicial Council Note, 1996: This section, based on prior s. 756.04, implements ABA Standard 2, recommending regularly maintained source lists as inclusive as feasible of the adult population of the district. [Re SCO No. 96-08, eff. 7-1-97]
756.05 756.05 Jury summons, when and how issued. At least 12 days before the first day on which a jury is required to be present, the clerk of circuit court shall summon sufficient prospective jurors to appear before the court at an appropriate time for jury service. The summons may be served by 1st class mail or another method.
756.05 History History: Sup. Ct. Order No. 96-08, 207 W (2d) xv (1997).
Effective date note Judicial Council Note, 1996: Based on prior s. 756.08, this provision implements ABA Standard 11. Under s. 756.04(6), the qualification questionnaire sent to prospective jurors may be sent at the same time as the summons. [Re SCO No. 96-08 eff. 7-1-97]
756.06 756.06 Jury selection.
756.06(1)(1) Whenever an issue is to be tried before a jury, the clerk of circuit court shall randomly select names from the prospective juror list until the desired number is obtained.
756.06(2) (2)
756.06(2)(a)(a) A jury in a felony case shall consist of 12 persons unless both parties agree on a lesser number as provided in s. 972.02.
756.06(2)(am) (am) A jury in a misdemeanor case shall consist of 6 persons.
756.06 Note NOTE: The provision that a jury in a misdemeanor case shall consist of 6 persons was held to violate Article I, s. 7 of the Wisconsin Constitution by the Supreme Court in State v. Hansford., 219 W (2d) 226 (1998).
756.06(2)(b) (b) Except as provided in par. (c), a jury in a civil case shall consist of 6 persons unless a party requests a greater number, not to exceed 12. The court, on its own motion, may require a greater number, not to exceed 12.
756.06(2)(c) (c) A jury in a case involving an offense for which a forfeiture may be imposed or in an inquest under s. 979.05 shall consist of 6 persons.
756.06(2)(d) (d) This subsection does not apply to cases under ch. 938.
756.06 History History: 1977 c. 187 s. 95; Stats. 1977 s. 756.06; Sup. Ct. Order No. 96-08, 207 W (2d) xv (1997).
Effective date note Judicial Council Note, 1996: Based on prior s. 756.096, this section implements ABA Standard 17. [Re SCO No. 96-08 eff. 7-1-97]
756.07 756.07 Insufficient jurors. When a sufficient number of jurors cannot be obtained for a trial from the list supplied by the clerk of circuit court, the court may order the sheriff to bring before the court persons in the vicinity for determination by the court of their qualification and ability to serve as jurors for the particular trial.
756.07 History History: Sup. Ct. Order No. 96-08, 207 W (2d) xv (1997).
Effective date note Judicial Council Note, 1996: Based on prior s. 756.06, this allows jurors to be chosen from those in the vicinity, whether or not "bystanders," for a particular trial. [Re SCO No. 96-08 eff. 7-1-97]
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This is an archival version of the Wis. Stats. database for 1997. See Are the Statutes on this Website Official?