Youngstown Daily Legal News

Democratic plan would add BMV rolls to eligible juror lists

KEITH ARNOLD
Special to the Legal News
Published: March 22, 2018

Juries that are more representative of the communities they are meant to typify is the rationale for a bill in the Ohio Senate that secured a first hearing last week.

The Democrat measure, filed as Senate Bill 200, would require the commissioners of jurors to include persons issued a driver's license or state identification card and persons who are or will be 18 on the day of the general election to the annual jury source list that must be compiled by the commissioners of jurors of each county.

"The concept of juries containing peers was designed so that defendants may receive a fair judgment by fellow citizens that are representative of the community in which they live," the bill's sole sponsor, Sen. Cecil Thomas, D-Cincinnati, said during sponsor testimony before members of the Judiciary Committee. "The main objective in compiling a master list of eligible jurors is to create an inclusive, comprehensive list of those citizens.

Broadening the use of juror source lists according to SB 200 would allow more residents the opportunity to be selected, thus increasing the likelihood that the jury pool will be an adequate representation of the community."

A task force established by the Supreme Court of Ohio and tasked with the job of reviewing the state's jury service program made the very recommendation proposed in the bill, Thomas said.

Under current law, commissioners are permitted, but not required, to add state driver's license and ID holders who will be at least 18 years old by the time of the next general election to the jury source list, analysis provided by the Ohio Legislative Service Commission detailed.

"Continuing law requires that the jury source list also contain all names from the current voter list," Analyst Nicholas Keller wrote for the commission. "Upon merging the two lists, any duplication must be eliminated.

"The annual jury source list does not include the names of jurors permanently excused from jury service and the names of jurors discharged for past jury service."

Thomas said the updated process of selecting jurors effectively would give an equal chance of selection to any county resident who meets the new criteria.

"I believe that the current selection process of using voter registration to compile juror lists has not been sufficient in creating diverse jury pools," the lawmaker said, noting that only Ohio and Wyoming require the use of voter registration rolls alone. "Many states have abandoned this method as it does not allow the maximum number of Ohio residents to be selected for jury service and disproportionately affects those less likely to register to vote, most notably minorities and low-income communities."

The lawmaker offered no basis for his statement that minorities and residents of low-income communities are less likely to register to vote than other Ohio citizens.

SB 200 would amend Section 2313.06 of the Revised Code which stipulates that any process employed to draw jury names - manual, electronic or automated - must provide each person on the jury source list with an equal, random probability of selection.

The bill, which is backed by five Senate cosponsors, had not been scheduled a second hearing at time of publication.

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