CHAPTER 756
JURORS
756.001 State policy on jury service; opportunity and obligation to serve.
756.01 Qualifications of jurors.
756.02 Exemptions and excuses from jury service.
756.025 Parties to actions disqualified.
756.03 Jury commissioners.
756.031 Official malfeasance in preparing jury list.
756.04 Petit jurors; lists; number; how drawn.
756.041 Penalty upon clerk for fraud.
756.05 Insufficient number of jurors.
756.06 Bystanders, when called.
756.08 Jury summons, when and how issued.
756.095 Fine for official neglect in impaneling jury.
756.096 Drawing of petit jury.
756.11 Oath of grand jurors.
756.12 Foreman and clerk.
756.13 Reporter; oath; salary; assistant.
756.14 Oaths to witnesses.
756.145 Witnesses rights; transcripts.
756.15 District attorney, when to attend.
756.16 Attendance; absence; excuse; number required for grand jury session; number required to concur in indictment.
756.17 Report progress and return indictments.
756.18 Procedure upon discharge of grand jury.
756.19 Indictment not to be disclosed.
756.20 Votes not to be disclosed.
756.21 When testimony may be disclosed.
756.23 Fine for nonattendance.
756.25 Juror's fees and mileage.
756.26 Talesmen's compensation.
756.27 Automation of jury selection.
756.28 Length of juror service; periods of juror eligibility.
756.001
756.001
State policy on jury service; opportunity and obligation to serve. 756.001(1)(1) The legislature recognizes that trial by jury is a cherished constitutional right and that jury service is a civic duty.
756.001(2)
(2) All persons selected for jury service shall be selected at random from a fair cross section of the population of the area served by the court. All qualified persons shall have an equal opportunity, in accordance with this chapter, to be considered for jury service in the state and an obligation to serve as jurors when summoned for that purpose. The judges, the clerk of circuit court and the jury commissioners, if any, in each county shall manage all jury systems in an efficient, equitable and cost-effective manner, in accordance with this chapter.
756.001 History
History: 1991 a. 271.
756.001 Note
NOTE: 1991 Wis. Act 271, which created this section, contains extensive legislative council notes.
756.01
756.01
Qualifications of jurors. 756.01(1)
(1) Persons who are U.S. citizens, who are electors of the state, who are possessed of their natural faculties, who are not infirm, who are able to read and understand the English language, and who have not been summoned to attend for prospective service as petit jurors for the time periods applicable under
s. 756.28, shall be liable to be drawn as grand or petit jurors.
756.01(2)
(2) Subsection (1) shall not exempt, exclude or disqualify a person from jury service on the ground of infirmity because of a physical condition unless the judge finds that the person clearly cannot fulfill the responsibilities of a juror. The judge shall not consider the structural, physical or architectural limitations or barriers of a building, courtroom, jury box or other facility in making such a finding.
756.01 Annotation
Purpose of (2) is to protect jurors, not litigants. See note to 756.04, citing State v. Coble, 95 W (2d) 717, 291 NW (2d) 652 (Ct. App. 1980); aff'd 100 W (2d) 179, 301 NW (2d) 221 (1981).
756.01 Annotation
Law enforcement officers should not be automatically excused for cause from venire on grounds of implied bias. State v. Louis, 156 W (2d) 470, 457 NW (2d) 484 (1990).
756.01 Annotation
Persons 18, 19 and 20, who are electors of this state, must be included within that class of citizens from which jurors are chosen for service in the courts of our state. 61 Atty. Gen. 137.
756.01 Annotation
State v. Louis: A Missed Opportunity to Clarify when Law Enforcement Officials May Serve as Petit Jurors in Criminal Cases. 1992 WLR 757.
756.02
756.02
Exemptions and excuses from jury service. 756.02(2)(a)(a) Any person or group of persons may be excluded from the jury panel or excused from service as jurors by order of the judge or, if authorized under
sub. (4), by a determination made by the clerk of circuit court based on a finding that jury service would entail undue hardship, including undue hardship caused by the aging process, extreme inconvenience or serious obstruction or delay in the fair and impartial administration of justice. The exclusion or excuse shall continue for a period deemed necessary by the judge or the clerk of circuit court, at the conclusion of which the person or group of persons shall reappear for jury service in accordance with the order of the judge or the determination made by the clerk of circuit court. If the clerk of circuit court excludes or excuses a person under this subsection, the clerk of circuit court shall secure from the person a sworn statement that provides evidence of the grounds for the exclusion or excuse.
756.02(2)(b)
(b) A state legislator or full-time elected official shall be excused from service as a juror if the official states to the court that jury service would interfere with the performance of his or her official duties.
756.02(3)
(3) No citizen may be excluded from service as grand or petit juror in any court of this state on account of race or color or because of a physical condition, except as provided in
s. 756.01 (2).
756.02(4)
(4) A majority of the circuit court judges in the county may authorize the clerk of circuit court to grant exclusions or excuses under
sub. (2). The authorization may limit the grounds on which the clerk may grant the exclusion or excuse.
756.02 Note
NOTE: 1991 Wis. Act 271, which affected this section, contains extensive legislative council notes.
756.02 Annotation
See note to art. I, sec. 7, citing Brown v. State, 58 W (2d) 158, 205 NW (2d) 566.
756.025
756.025
Parties to actions disqualified. Every person summoned as a juror shall be paid and discharged if it appears that the person is a party to any action triable by jury at that time.
756.025 History
History: Sup. Ct. Order, 67 W (2d) 585, 757 (1975);
1975 c. 218;
1977 c. 187 s.
95;
1977 c. 449; Stats. 1977 s. 756.025.
756.03
756.03
Jury commissioners. 756.03(1)(1) The county board shall determine if the selection of jurors shall be by the clerk of circuit court or by jury commissioners appointed by the circuit court judges. If jury commissioners are appointed, there shall be 3 jury commissioners in the county. They must be qualified electors of the county and possess the qualifications required for jurors by
s. 756.01. Jury commissioners shall be appointed by the joint action of the judges of the circuit court for the county. One commissioner shall be appointed each year for a term of 3 years commencing on July 1 following the appointment. Appointments shall be made in writing and shall be filed in the office of the clerk of circuit court.
756.03(2)
(2) Before entering upon the duties of office each commissioner shall take and subscribe the following oath: "I do solemnly swear that I will honestly and faithfully discharge the duties of a jury commissioner without fear or favor; and that I will not consent to the selection of a person as juror whom I believe to be unfit for jury duty, or likely to render a partial verdict; and that I will report to the court the names of all persons who seek to influence me in the selection of jurors". The oath shall be filed in the office of the clerk of the circuit court of the county.
756.03(3)
(3) In all counties having a population of less than 500,000 the commissioners shall be paid for each day's service at the same rate as fixed by the county board for the payment of grand and petit jurors under
s. 756.25 and 15 cents for each mile traveled in the discharge of their duties. Such compensation and mileage shall be paid by the county treasurer upon order of the judge of the court for which the jury commissioners discharged their duties, upon certification of the clerk of the court. In counties having a population of 500,000 or more, the county board shall fix the salary of the commissioners. The commissioners shall be provided with such articles, books, postage, stationery, office space and assistants as shall be required by them to properly discharge their duties, upon the recommendation of the circuit judge, or circuit judges, of the several counties.
756.03(4)
(4) The commissioners shall meet at such times as the discharge of their duties requires and at such times as the appointing judge or judges or any of them shall direct. Two commissioners shall constitute a quorum. They may subpoena any person to appear before them within the town, village or city where the person resides for examination as to any person's qualifications for jury service, and may compel the person to give testimony under oath. The commissioners may investigate by inquiries at any person's place of business, residence, or elsewhere, or by other means, his or her fitness for jury service. All public officers and employes shall furnish the commissioners, upon their request, the records and assistance which the commissioners deem proper to perform their duties.
756.03(5)
(5) The clerk of circuit court shall perform the functions of the jury commissioners set forth in this chapter in a county in which jury commissioners are not appointed.
756.03 History
History: 1977 c. 187 ss.
95,
135;
1977 c. 199,
273,
318;
1977 c. 447 ss.
182,
210;
1977 c. 449; Stats. 1977 s. 756.03;
1991 a. 271.
756.03 Note
NOTE: 1991 Wis. Act 271, which affected this section, contains extensive legislative council notes.
756.03 Annotation
Sections 756.03 and 756.031 do not unconstitutionally restrict free expression. 69 Atty. Gen. 19.
756.031
756.031
Official malfeasance in preparing jury list. Any person who asks or solicits any jury commissioner appointed under
s. 756.03, or the sheriff or other officer to select him or her or any other person, or place his or her name or the name of any other person on any list as a grand or petit juror in any court, and any such jury commissioner or sheriff or other officer who selects the person or places his or her name upon any such list upon such solicitation may be fined not more than $100 or imprisoned not more than 6 months.
756.031 History
History: 1977 c. 187 s.
95;
1977 c. 318,
447; Stats. 1977 s. 756.031.
756.031 Annotation
Sections 756.03 and 756.031 do not unconstitutionally restrict free expression. 69 Atty. Gen. 19.
