002-24 - Kitsap County - ContractAGREEMENT REGARDING JURY PANELS FOR MUNICIPAL COURT
This Agreement regarding Jury Panels for Municipal Court (hereinafter this Agreement)
is entered into as of the date written below between the City of Port Orchard, a
Washington municipal corporation (hereinafter City) and Kitsap County (hereinafter
County).
WHEREAS
A. The City has a municipal court for which it needs, from time to time, panels of
petit jurors; and
B. Municipal court jurors shall be selected in the same manner as superior court
jurors pursuant to RCW 2.36.050; and
C. Jury management activities may be performed by the superior court on behalf of
courts of limited jurisdiction pursuant to an agreement between the judges of
each representative court pursuant to RCW 2.36.052; and
D. The County is capable of providing jury panels for City's court through the Kitsap
County Superior Court Clerk (hereinafter Clerk); and
E. Superior court jurors are county employees for purposes of worker's
compensation coverage under the Industrial Insurance Act, Title 51 RCW.
NOW THEREFORE, in consideration of the mutual covenants contained herein, it is
hereby agreed as follows:
Section 1. Jury panels provided. Clerk shall provide to City, so often as City requests,
a panel of up to twenty (20) potential jurors from which City may select persons to serve
on its petit juries. Clerk shall follow the statutes and rules applicable to superior court
petit juries in providing such potential jurors. To this end, Clerk's duties shall include,
but are not necessarily limited to:
a. Electronic, random selection of prospective jurors;
b. Serving juror summonses;
c. Receiving requests for excuses from jury service;
d. Directing veniremen to the proper time and place for jury service;
e. Payment of mileage and per diem.
Section 2. Payment by City. City shall pay County a six hundred fifty ($650.00) dollar
administrative fee plus actual mileage and per diem costs incurred by County per jury
panel that reports for duty or serves upon a City case. Clerk shall bill City monthly for
services due under this Agreement. City shall pay such bills within thirty (30) days.
Section 3. Call for panel. City shall notify Clerk of the need for a jury panel no later
than two o'clock p.m. on the day before the panel is needed.
Jury Panel Agreement
Section 4. Call off. Once City has called Clerk to provide a jury panel, City shall notify
Clerk no later than two o'clock p.m. on the day prior to jury service that the panel is no
longer needed. In the event City fails to meet this deadline, it shall be charged the
administrative fee plus any mileage or per diem costs for providing a panel of jurors.
Section 5. Payment to jurors. County shall pay, on behalf of City, the following fees to
veniremen:
a. Per diem: ten ($10.00) dollars per day;
b. Mileage: at the rate established by the Director of Financial
Management pursuant to RCW 2.36.150 and RCW
43.03.060.
County shall not be obliged to pay for meals, lodging, or parking. City shall provide
parking opportunities at no cost to veniremen.
Section 6. Duties of City. City shall record the names, addresses and mileage of all
veniremen reporting for duty. In addition, City shall record the names of all jurors
serving more than one (1) day and the number of days served by each. City shall
provide the foregoing information to the Clerk within five (5) working days.
Section 7. Risk of Non -reporting. City shall bear the risk and consequences of
veniremen not reporting for service as directed by Clerk.
Section 8. Status of jurors. For purposes of this Agreement and the Industrial
Insurance Act, any person summoned for City municipal court jury duty is an employee
of the City while providing jury services for the municipal court.
Section 9. American with Disabilities Act. City shall comply with all provisions of the
American with Disabilities Act (ADA) which are applicable, including but not limited to
Title 2 of the ADA. The parties agree that compliance as it relates to the structural
aspects of the County building is not the responsibility of the City as the building is
owned by the County. *0017�
Section 10. Term. This Agreement shall become effective on January 1, 2VI'3 and will
expire December 31, 2026.
Section 11. Termination. Any party may terminate this Agreement by providing thirty
(30) days written notice to the other.
Section 12. Modification. This Agreement may be modified only by written agreement
of all parties.
Section 13. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
Jury Panel Agreement 2
DATED this �,-() day of V w V , 2023.
PRESIDING JUDGE OF THE SUPERIOR
COURT OF THE COUNTY OF KITSAP
Ju a Jee i or/lbes
DATED this 2 A day of �/� r%2h7 �D Ql, 2023.
David T Lewis III
Kitsap County Clerk & Jury Commissioner
DATED this 9 day of P(:�7iib L� 2023.
CITY OF PORT ORCHARD
Rob Putaansuu
Mayor
DATED this _ day of Or L6-,e/ 2023.
CITY OF PORT ORCHARD
Judgd Timothy Drury
Port Orchard Munici al Court
PF/maytT
Jury Panel Agreement