Published February 22, 2013, 07:02 AM

Missing jury duty could cost more in South Dakota

The current penalty is $5 to $50. The new penalty would be a minimum of $50, up to as much as $500.

By: Bob Mercer, Republic Capitol Bureau

PIERRE — Is the penalty for skipping jury duty in South Dakota really being increased tenfold?

Indeed, the state Senate decided 29-4 Thursday to adopt Chief Justice David Gilbertson’s recommendation.

The current penalty is $5 to $50. The new penalty would be a minimum of $50, up to as much as $500.

HB 1070 is now on its way to the governor for his decision whether to sign it into law.

“Five hundred seems harsh because they forgot jury duty,” Sen. Larry Lucas, D-Mission, said.

Added Sen. Jim Bradford, D-Pine Ridge: “What is willfully? Some of us old people forget.”

The penalty would apply if a person fails, refuses or neglects to appear for jury duty or doesn’t fill out and return the jury questionnaire.

The penalty also would apply if a person, after having appeared for duty, didn’t return without good cause.

The big fine isn’t automatic. Sen. Craig Tieszen, R-Rapid City, said the judge will still have the discretion to decide how large the fine should be.

Tieszen said the potential of a large fine makes less likely that some people will simply buy their ways out of serving on juries.

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