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SB 800

Clarifying policy of state regarding jury service

2026 Regular Session Introduced by Mike Woelfel

West Virginia SB 800 standardizes and modernizes jury selection by creating a transparent, random process using a master list and county lists, with public access and clear rules f

Chapter 86, Acts, Regular Session, 2026
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Bill Summary · SB 800

Overview

Senate Bill 800 (SB 800), enacted in 2026 by West Virginia, clarifies and reorganizes the state policy and procedures governing jury service, including petit and grand juries. The measure aims to codify definitions, streamline the compilation and maintenance of master and county jury lists, specify what lists are public, adjust clerical duties, refine the jury selection process (including the use of a jury wheel/box), disqualification rules, procedures for challenging compliance, record retention, and penalties for fraud in juror selection.

Main purpose and intent

  • Establish a clear state policy that jurors are chosen at random from a fair cross-section of the population and that eligible citizens should be considered for jury service.
  • Clarify and standardize the administrative framework for juror selection, qualification, and summons across the state’s courts.

Key provisions and changes

  • Definitions (§52-1-3):
    • Introduces and clarifies terms such as Administrative Director, Master List, County List, jury wheel, and jury box.
  • Master list and county lists; public access (§52-1-5):
    • Clerks must compile a master list from multiple sources (income tax filers, voter registrations, DMV driver’s license lists) with a process to remove duplicates and create county-specific lists.
    • The master list is valid for two years unless shortened or extended by the Supreme Court.
    • In October of odd-numbered years, names of people previously summoned and who attended court and were reimbursed may be removed.
    • Adds a freeholder list for condemnation cases.
    • County lists and freeholder lists are open for public inspection.
    • Public officers holding source lists must provide access to the clerk/administrative director (tax commissioner exempt).
  • Jury qualification form (§52-1-5a):
    • Prospective jurors may receive a qualification form (at least 20 days before reporting) asking for demographic, occupation, residency, citizenship, language ability, disability, prior jury service, voting rights, and certain criminal history information.
    • Form includes a sworn declaration; penalties for false statements (up to $500 fine or 30 days imprisonment).
    • Provisions for assisting completing the form; handling omissions; and confidentiality of the form during trial (with judge’s permission required to release).
  • Jury wheel/box and random selection (§52-1-6):
    • Clerks maintain a jury wheel/box with names from the master county list; selection method is random.
    • Minimum sizes based on county population (ranging from 200 to 1,600 names initially) with provisions to refresh for each term.
    • Process may use electronic/mechanical systems but is not required to.
  • Drawings, notices, penalties (§52-1-7):
    • The chief judge issues rules for random drawing of panels from the wheel/box.
    • Notifies jurors at least 20 days before reporting; failure to appear may result in contempt and fines up to $1,000.
  • Disqualification from jury service (§52-1-8):
    • Standard disqualifications: non-citizen status, age under 18, non-residency, inability to read/speak English (sign language OK), substantial disability (with possible physician certification), prior disqualification for past jury service, loss of voting rights due to felony conviction, or certain perjury convictions.
    • Individuals 70+ may be excused on request; certain grand juror restrictions (officeholders) apply.
    • Disabled jurors may be accommodated; reasonable accommodations defined (interpreters, real-time reporting, etc.).
    • Right to peremptory challenges preserved.
  • Assignment and shortages (§52-1-9):
    • Jurors drawn are assigned to panels at random.
    • If there is an unanticipated shortage, the court may summon additional jurors from the wheel/box; for grand/ petit jurors, unused qualified jurors may be used to fill vacancies.
  • Challenging compliance (§52-1-15):
    • Establishes a seven-day window to file motions to stay, quash, or obtain relief for substantial noncompliance with jury selection.
    • Allows limited disclosure of lists and related records in support of such motions.
    • Sets exclusive remedy for challenges to jury selection absent fraud.
  • Record preservation and reporting (§52-1-16):
    • Clerks must preserve all jury-related records for at least four years.
    • Annual reporting to the Supreme Court on whether a jury wheel or box was used and demographic data (age, race, gender) for those who filed juror qualification forms; information shared with Senate President and House Speaker.
  • Fraud penalties (§52-1-22):
    • Penalties for fraud by tampering with the jury wheel/box: felony with fines up to $5,000 and/or 1–5 years in prison.
  • Grand juries (§52-2-3):
    • Outlines grand jury selection and summons procedures, including drawing 16 members (plus alternates) from the jury wheel/box, with replacement by alternates as needed.

Who and what is affected

  • County clerks and the Administrative Director (and designees) bear primary administrative duties for master and county jury lists.
  • Jurors and potential jurors (public) gain clearer requirements for qualification forms, notice procedures, and rights to accommodations.
  • Courts (circuit and magistrate) implement drawing, summoning, and panel assignment procedures.
  • State agencies holding source lists (e.g., voter registration, tax records, DMV) are subject to public access provisions (with some exemptions).
  • Grand juries are affected by refined selection and summons rules.

Procedural and timeline aspects

  • Master list validity: two-year designation, unless otherwise directed by the Supreme Court.
  • Removal/reminder cycles: annual/monthly adjustments tied to prior juror service; biannual refreshes in October of even-numbered years for the jury wheel/box.
  • Qualification forms: mailed at least 20 days before reporting; responses due within 10 days; failures to respond may trigger in-person completion.
  • Record retention: four-year minimum retention; annual reporting due by March 1 to the Supreme Court; broader information shared with legislative leaders by April 1.
  • Effective action timeline: enacted in 2026; various provisions reference Supreme Court rules and schedules for master list, wheel/box operations, and annual reporting.

Note: SB 800 repeals certain prior provisions and updates references to modern electronic/random selection mechanisms, while preserving key jury service principles and introducing enhanced public access and accountability.

Compiled from official sources — confirm details with the bill’s official record.

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