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Senate hears judicial counsel on jury-size amendment; Justice Zimmerman answers questions
Summary
Senators heard Chief Justice Zimmerman in Committee of the Whole about SJR7, a constitutional amendment to remove court-based jury-size language and let statute set jury size by penalty class; CRC added a minimum of four jurors and sponsors discussed federal constraints and safeguards for felony and capital cases.
Senators resolved to a Committee of the Whole to hear testimony on SJR7, a proposed constitutional amendment submitted by the Judicial Council to remove references to specific court types and allow statute to set jury size by penalty class.
Justice Zimmerman explained the proposal—s origins: consolidation of trial courts made the constitution—s court-based jury-size language obsolete. The change would let the legislature prescribe jury sizes according to penalties rather than by court designation; the CRC inserted a limiting provision that no jury be fewer than four members. "So basically capital cases will have 12 as they have now. No case will have less than 4," Zimmerman said.
Senators pressed on whether felony cases (non-capital) might lose an eight-person jury and how state changes would relate to federal minimums. Zimmerman and members of the Committee noted tradeoffs: embedding a rigid rule in the constitution could hamper future adjustments and the federal backstop requires at least six jurors in some circumstances. "There is a backstop there," a Justice noted, referring to federal precedent on jury size.
After testimony and questions the Committee of the Whole dissolved, and senators moved SJR7 back into its prior position on the reading calendar for further consideration with the related statute (SB53) to be discussed in tandem.
