CHAPTER 299
H.P. 854 - L.D. 1155
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 14 MRSA §1204, as amended by PL 1977, c. 102, is repealed and the following enacted in its place:
1. Number of members. The court shall seat a jury of either 8 or 9 members, and all jurors shall participate in the verdict unless excused for good cause by the court. Unless the parties otherwise stipulate, the verdict must be decided by the unanimous votes of at least 3/4 of the jurors participating in the verdict and no verdict may be taken from a jury reduced to fewer than 7 members.
2. Procedures. At the commencement of each term, the clerk shall prepare an alphabetical list of the names of those appearing for duty as traverse jurors. Before each trial, after the court has ruled on challenges for cause, the clerk shall randomly draw by lot from the names of all eligible jurors a sufficient number to comprise the jury panel plus enough to account for peremptory challenges. Peremptory challenges may then be exercised in accordance with court rules. When the panel is complete, the court shall appoint a foreperson to oversee deliberations and to speak for the jury.
Sec. 2. 14 MRSA §1207 is repealed.
Sec. 3. 15 MRSA §1317, as amended by PL 1973, c. 567, §20, is further amended to read:
The Attorney General, district attorney or foreman foreperson of the grand jury shall swear or affirm, in presence of the jury, all witnesses who are to testify before them, and a list thereof, stating the cases in which they testify, shall must be returned into the court by the foreman foreperson before the jury is discharged and filed and entered on record by the clerk. The clerk shall may not make such list public until the criminal cases at such terms have been tried or otherwise disposed of.
Effective September 13, 2003, unless otherwise indicated.
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