5.14Prospective Juror and Juror Misconduct

“The supreme court, circuit court, and all other courts of record, have power to punish by fine or imprisonment, or both, persons guilty of any neglect or violation of duty or misconduct in all of the following cases:

* * *

Persons summoned as jurors in any court, for improperly conversing with any party to an action which is to be tried in that court, or with any other person in regard to merits of the action, or for receiving communications from any party to the action or any other person in relation to the merits of the action without immediately disclosing the communications to the court.” MCL 600.1701(j).¹

Further, MCL 600.1346 addresses the conduct of prospective jurors and provides that certain acts are punishable as contempts, stating in pertinent part:

“The following acts are punishable by the circuit court as contempts of court:

(a) Failing to answer the questionnaire provided for in [MCL 600.1313].²

(b) Failing to appear before the board or a member of the board, without being excused at the time and place notified to appear.

(c) Refusing to take an oath or affirmation.

(d) Refusing to answer questions pertaining to his or her qualifications as a juror, when asked by a member of the board.

(e) Failing to attend court, without being excused, at the time specified in the notice, or from day to day, when summoned as a juror.

(f) Giving a false certificate, making a false representation, or refusing to give information that he or she can give affecting the liability or qualification of a person other than himself or herself to serve as a juror.

(g) Offering, promising, paying, or giving money or anything of value to, or taking money or anything of value from, a person, firm, or corporation for the purpose of enabling himself or herself or another person to evade service or to be wrongfully discharged, exempted, or excused from service as a juror.

(h) Tampering unlawfully in any manner with a jury list or the jury selection process.

(i) Willfully doing or omitting to do an act with the design to subvert the purpose of [the Revised Judicature Act].

(j) Willfully omitting to put on the jury list the name of a person qualified and liable for jury duty.

(k) Willfully omitting to prepare or file a list or slip.

(l) Doing or omitting to do an act with the design to prevent the name of a person qualified and liable to serve as a juror from being placed on a jury list or from being selected for service as a juror.

(m) Willfully placing the name of a person upon a list who is not qualified as a juror.”