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Montana lawmakers hear bill to modernize jury notices, clerks and sheriffs cite heavy operational burden
Summary
At a House Judiciary hearing, proponents of House Bill 194 said Montana's jury-notice and summons statutes are outdated and impose heavy costs on clerks and sheriff offices; opponents urged safeguards to preserve defendants' remedies when statutes are not substantially followed.
Representative Amy Regier, sponsor of House Bill 194, told the House Judiciary Committee that the state’s statutes governing jury notice and summonses are outdated and create inconsistent application across counties. “The process by which jurors are notified and summoned is extremely outdated and has created inconsistencies in application and imposes a significant burden on our local state court systems,” Regier said as she opened the hearing.
The bill would update language in Montana’s jury-selection statutes to give clerks of the district court flexibility about when to provide juror questionnaires (either with the annual notice or with the summons for an individual trial) and to change some timing and service obligations that currently require sheriffs to attempt personal service for nonresponding potential jurors.
Why it matters: Proponents said the change would reduce hours deputies spend serving notices, lower county costs and reduce technical grounds for post-conviction challenges. Opponents and defense counsel warned the bill as written could limit defendants’ remedies when clerks or sheriffs fail to follow statutory requirements, a concern tied to Montana Supreme Court precedent requiring substantial compliance with jury statutes.
Proponents’ evidence: Amy McGhee, who identified herself as a clerk of district court representing large counties, detailed operational scale in Missoula County and why the statute is…
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