MISSISSIPPI LEGISLATURE

1997 Regular Session

To: Judiciary

By: Senator(s) Johnson (19th)

AN ACT TO AMEND SECTION 13-5-32, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR THE SEALING OF THE COURT'S RECORD IN A CRIMINAL JURY PROCEEDING OF PERSONAL JUROR IDENTIFYING INFORMATION; TO PROVIDE FOR PETITION FOR ACCESS TO SUCH RECORDS; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 13-5-32, Mississippi Code of 1972, is amended as follows:

13-5-32. (1) The names of jurors drawn from the jury box shall be made available to the public unless the court determines in any instance that this information in the interest of justice should be kept confidential or its use limited in whole or in part.

(2)(a) Upon the recording of a jury's verdict in a criminal jury proceeding, the court's record of personal juror identifying information, including names, addresses and telephone numbers, shall be sealed until further order of the court as provided by this section.

(b) Any person may petition the court for access to these records. The petition shall be supported by a declaration that includes facts sufficient to establish good cause for the release of the jurors' personal identifying information. The court shall set the matter for hearing if the petition and supporting declaration establish a prima facie showing of good cause for the release of the identifying information, but shall not set the matter for hearing if there is a showing on the record of facts that establish a compelling interest against disclosure. A compelling interest includes, but is not limited to, protecting jurors from threats or danger of physical harm, intimidation or simple harassment. If the court does not set the matter for hearing, the court, by order spread on its minutes, shall set forth the reasons and make express findings either of a lack of a prima facie showing of good cause or the presence of a compelling interest against disclosure.

(c) If a hearing is set pursuant to paragraph (b) of this subsection, the petitioner shall provide notice of the petition and the time and place of the hearing at least fifteen (15) days prior to the date of the hearing to the prosecuting attorney of the criminal case and to each affected former juror by personal service or by first class mail, addressed to the last known address of the former juror as shown in the records of the court. In a capital case, the petitioner shall also serve notice on the Attorney General. Any affected former juror may appear in person, in writing, by telephone or by counsel to protest the granting of the petition. A former juror who wishes to appear at the hearing to oppose the unsealing of the personal juror identifying information may request the court to close the hearing in order to protect the former juror's anonymity.

(d) After the hearing, the records shall be made available as requested in the petition, unless a protest to the granting of the petition is sustained. The court shall set forth reasons and make express findings to support the granting or denying of the petition to disclose. The court may require the person to whom disclosure is made, or his or her agent or employee, to agree not to divulge jurors' identities or identifying information to others; the court may otherwise limit disclosure in any manner it deems appropriate.

(e) Any court employee or other person who has access to juror information sealed under paragraph (2)(a) who knowingly and in violation of a court order issued pursuant to paragraph (2)(a) discloses the information shall be guilty of a misdemeanor.

(f) Any person who solicits another to unlawfully access or disclose juror information contained in records sealed under paragraph (2)(a) of this section, knowing that the records have been sealed, or who, knowing that the information was unlawfully secured, intentionally discloses it to another person, shall be guilty of a misdemeanor.

SECTION 2. This act shall take effect and be in force from and after July 1, 1997.