LRB-2368/1
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1997 - 1998 LEGISLATURE
September 2, 1997 - Introduced by Representatives Johnsrud, Goetsch, Sykora,
Powers, Ainsworth
and Seratti, cosponsored by Senator Rude. Referred to
Committee on Judiciary.
AB499,1,2 1An Act to repeal and recreate 756.28 (2); and to create 756.28 (1m) of the
2statutes; relating to: availability for juror service.
Analysis by the Legislative Reference Bureau
Under current law, counties may establish a system that prevents a person
summoned to serve as a juror from serving for more than one day in a specified
period, unless more time is necessary to complete juror service in a particular case.
The specified period may not be less than 2 years nor more than 4 years. If that
system is established in the county, a juror whose deliberation ends with a verdict
may not be required to participate in a 2nd trial even though the juror may not have
completed the first day of juror service at the time that the 2nd trial starts. Current
law also provides that if a county does not establish this "one-day or one-trial"
system, a person in that county may be required to be available for service as a juror
only once in a 4-year period, for up to 31 consecutive days. That person, under
current law, may not be required to serve as a juror for a total of more than 5 days,
unless more days are necessary to complete service in a particular case.
This bill provides that in counties with a population of under 25,000 that do not
establish the "one-day or one-trial" system, a person may be required to be available
to serve as a juror only once in a 2-year period, for up to 6 months. That person, under
this bill, may not be required to serve as a juror for a total of more than 5 days, unless
more days are necessary to complete service in a particular case or unless a majority
of the judges in that county adopt a rule setting a longer period that does not exceed
10 days. Under the bill, if a county with a population of 25,000 or more does not
establish the "one-day or one-trial" system, the current limit of being available to

serve as a juror only once in a 4-year period, for not to exceed 31 consecutive days,
with a 5-day maximum on a jury, applies.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB499, s. 1 1Section 1. 756.28 (1m) of the statutes is created to read:
AB499,2,102 756.28 (1m) General 2-year eligibility. In a county with a population of under
325,000 that does not establish a system under sub. (1), a person may be summoned
4under s. 756.05 to serve as a petit juror during a period not exceeding 6 months in
5any 2-year period. During the period in which a person may be summoned, the
6person may not be required to serve or attend court for prospective service as a petit
7juror for a total of more than 5 days of actual court attendance unless more days are
8necessary to complete service in a particular case or unless a majority of the judges
9of courts of record for the county adopt by rule a longer time period that does not
10exceed 10 days.
AB499, s. 2 11Section 2. 756.28 (2) of the statutes, as affected by 1995 Supreme Court Order
1295-11 and 1996 Supreme Court Order 96-08, is repealed and recreated to read:
AB499,2,1913 756.28 (2) general 4-year eligibility. In a county with a population of 25,000
14or more that has not established a system under sub. (1), a person may be required
15to be available for service as a petit juror only once in any 4-year period. The period
16for which any person may be required to be available for service may not exceed 31
17consecutive days. No person may be required to serve, or attend court for prospective
18service, as a juror for a total of more than 5 days unless more days are necessary to
19complete service in a particular case.
AB499,2,2020 (End)
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