Selection Fields
Legislative Intent
Ariz. Rev. Stat. 21-202. Persons entitled to be excused from jury service
A. It is the policy of this state that all qualified citizens have an obligation to serve on juries when summoned by the courts of this state, unless excused.
Definitions
Ariz. Rev. Stat. 21-101. Definitions
In this title, unless the context otherwise requires:
1. “Juror pool" means the persons who are summoned and who report on a specific date to or for a specific location for either trial or grand jury service.
2. “Jury commissioner" means the clerk of the superior court, except that in any county having a population of more than five hundred thousand persons, the presiding judge of the superior court may appoint a jury commissioner.
3. “Jury manager" means the person who is responsible for jury management in a justice of the peace court or a municipal court.
4. “Jury panel" means a group of jurors who are drawn at random from the juror pool and who are assigned to a specific case or trial.
5. “Master jury file" means a list of prospective jurors who are randomly selected from the master jury list.
6. “Master jury list" means a record of the names and addresses of eligible persons who reside in the county and includes persons on the voter registration list of the county and other persons who are eligible for jury service and who have been licensed pursuant to title 28, chapter 8, article 4 or 5.
Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
Ariz. Rev. Code 21-311. Master jury file; master jury list
A. If a superior court uses a master jury file, the presiding judge of the superior court, on completion of the master jury list and at other times as necessary, shall order the jury commissioner to randomly select from the master jury list the number of names that are necessary to provide a sufficient number of persons for jury service during the ensuing six months or a shorter time period as the presiding judge deems appropriate. The persons who remain on the list at the end of the designated period may be retained and carried over once to the next succeeding master jury file.
B. To establish the master jury file the jury commissioner or the jury commissioner’s designee shall randomly select from the master jury list the number of names specified in the order.
C. If the presiding judge of the superior court believes that additional jurors will be required, the presiding judge may order the jury commissioner to randomly select additional names from the master jury list.
D. If a justice of the peace court or a municipal court uses a master jury file, the justice of the peace or the presiding municipal court judge, upon production of the master jury list pursuant to section 21-301 and at other times as necessary, shall order the jury manager to randomly select from the master jury list the number of names that are necessary to provide a sufficient number of persons for jury service during the ensuing six months or a shorter time period as the justice of the peace or the presiding judge deems appropriate. The jurors who remain on the list at the end of the designated period may be retained and carried over once to the next succeeding master jury file.
E. To establish the master jury file the jury manager or the jury manager’s designee shall randomly select from the master jury list the number of names specified in the order.
F. If the justice of the peace or the presiding municipal court judge believes that additional jurors will be required, the justice of the peace or the presiding municipal court judge may order the jury manager to randomly select additional names from the master jury list.
G. The use of a master jury file is optional.
Ariz. Rev. Code 21-101. Definitions
In this title, unless the context otherwise requires:
1. “Juror pool" means the persons who are summoned and who report on a specific date to or for a specific location for either trial or grand jury service.
2. “Jury commissioner" means the clerk of the superior court, except that in any county having a population of more than five hundred thousand persons, the presiding judge of the superior court may appoint a jury commissioner.
3. “Jury manager" means the person who is responsible for jury management in a justice of the peace court or a municipal court.
4. “Jury panel" means a group of jurors who are drawn at random from the juror pool and who are assigned to a specific case or trial.
5. “Master jury file" means a list of prospective jurors who are randomly selected from the master jury list.
6. “Master jury list" means a record of the names and addresses of eligible persons who reside in the county and includes persons on the voter registration list of the county and other persons who are eligible for jury service and who have been licensed pursuant to title 28, chapter 8, article 4 or 5.
Ariz. Rev. Code
21-313. Use of jury management automation systems; random selection
A. A jury management automation system may be used in the performance of the duties imposed by this title.
B. In any county where a jury management automation system is used, the jury commissioner or jury manager shall cause the device to be programmed to ensure random selection procedures.
C. The courts shall use random selection procedures throughout the juror selection process including:
1. Selecting persons to be qualified or summoned for jury service.
2. Assigning jurors to panels.
3. Calling jurors for voir dire.
Drawing of juror names from list
21-311. Master jury file; master jury list
A. If a superior court uses a master jury file, the presiding judge of the superior court, on completion of the master jury list and at other times as necessary, shall order the jury commissioner to randomly select from the master jury list the number of names that are necessary to provide a sufficient number of persons for jury service during the ensuing six months or a shorter time period as the presiding judge deems appropriate. The persons who remain on the list at the end of the designated period may be retained and carried over once to the next succeeding master jury file.
B. To establish the master jury file the jury commissioner or the jury commissioner’s designee shall randomly select from the master jury list the number of names specified in the order.
C. If the presiding judge of the superior court believes that additional jurors will be required, the presiding judge may order the jury commissioner to randomly select additional names from the master jury list.
D. If a justice of the peace court or a municipal court uses a master jury file, the justice of the peace or the presiding municipal court judge, upon production of the master jury list pursuant to section 21-301 and at other times as necessary, shall order the jury manager to randomly select from the master jury list the number of names that are necessary to provide a sufficient number of persons for jury service during the ensuing six months or a shorter time period as the justice of the peace or the presiding judge deems appropriate. The jurors who remain on the list at the end of the designated period may be retained and carried over once to the next succeeding master jury file.
E. To establish the master jury file the jury manager or the jury manager’s designee shall randomly select from the master jury list the number of names specified in the order.
F. If the justice of the peace or the presiding municipal court judge believes that additional jurors will be required, the justice of the peace or the presiding municipal court judge may order the jury manager to randomly select additional names from the master jury list.
G. The use of a master jury file is optional.
Procedure for Summoning Jurors
Ariz. Rev. Stat. 21-331. Procedure for summoning jurors
A. The jury commissioner or jury manager shall use either of the following methods for summoning persons for a particular juror pool:
1. The court shall order the jury commissioner or jury manager to summon a specific number of qualified jurors, at random, for either a trial jury or grand jury panel.
2. The jury commissioner or jury manager shall determine a specific number of persons to be summoned for a court location and date.
B. In counties in which multiple superior court locations exist, a juror shall not be summoned to more than one court location on the same date and is not required to serve in more than one court location on any specific date.
C. The summons shall be delivered by giving personal notice to each person, or by leaving a written notice to that effect at the person’s place of residence, with some person of proper age and discretion, by telephone or by mailing such notice by first class mail, registered mail or certified mail.
D. Any person who fails to appear in response to a notice sent by first class mail shall be immediately resummoned by a notice sent by first class mail, registered mail or certified mail and shall not be subject to a body attachment or fine as provided in section 21-334 unless the juror fails to appear in response to this second summons. Notwithstanding section 21-301, subsection C, for any juror whose mail is returned as undeliverable, the jury commissioner or jury manager shall notify the county recorder who shall send a follow-up notice to the juror pursuant to section 16-166, subsection A, including information regarding possible removal from the voter registration rolls, and on completion of the notification process pursuant to section 16-166, the county recorder shall transfer the juror to the inactive voter list.
Prohibition of Discrimination Against Jurors
N/A
Qualifications
Ariz. Rev. Stat. 21-201. Qualifications
Every juror, grand and trial, shall be at least eighteen years of age and meet the following qualifications:
1. Be a citizen of the United States.
2. Be a resident of the jurisdiction in which the juror is summoned to serve. A citizen whose name and address appears on the master jury list as required by section 21-301 is presumed to be a resident of the jurisdiction for the purposes of this section.
3. Never have been convicted of a felony, unless the juror’s civil rights have been restored.
4. Is not currently adjudicated mentally incompetent or insane.
Disqualifications
Ariz. Rev. Stat. 21-211. Disqualification
The following persons shall be disqualified to serve as jurors in any particular action:
1. Witnesses in the action.
2. Persons interested directly or indirectly in the matter under investigation.
3. Persons related by consanguinity or affinity within the fourth degree to either of the parties to the action or proceedings.
4. Persons biased or prejudiced in favor of or against either of the parties.
Excusal or Exemptions
Ariz. Rev. Stat. 21-202. Persons entitled to be excused from jury service
A. It is the policy of this state that all qualified citizens have an obligation to serve on juries when summoned by the courts of this state, unless excused.
B. On timely application to the court, the following persons shall be excused temporarily from service as a juror if the judge or jury commissioner finds that any of the following applies:
1. The prospective juror has a mental or physical condition that causes the juror to be incapable of performing jury service. The juror or the juror’s personal representative shall provide to the court or jury commissioner a medical statement from a physician who is licensed pursuant to title 32, a physician assistant who is licensed pursuant to title 32, chapter 25 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 that explains an existing mental or physical condition that renders the person unfit for jury service. If a prospective juror does not have a physician, a physician assistant or a registered nurse practitioner, the prospective juror or the juror’s personal representative shall provide a sworn statement from a professional caregiver for the prospective juror that is deemed acceptable by the court or jury commissioner and that explains the mental or physical condition that renders the prospective juror incapable of performing jury service. For the purposes of this paragraph:
(a) The statement shall be in writing and shall contain a description and duration of any mobility restrictions, the specific symptoms that make the prospective juror mentally or physically unfit for jury service and their duration, the employment status of the prospective juror and the printed name, signature, professional license number if applicable, area of specialty and contact information of the authorizing physician, physician assistant, registered nurse practitioner or professional caregiver.
(b) A form that complies with this paragraph shall be made available at courthouses, the Arizona medical board website, the Arizona regulatory board of physician assistants website, the Arizona board of osteopathic examiners in medicine and surgery website, the Arizona state board of nursing website and other appropriate locations that are identified by the court or jury commissioner.
(c) These documents are not public records and shall not be disclosed to the general public.
2. Jury service by the prospective juror would substantially and materially affect the public interest or welfare in an adverse manner.
3. The prospective juror is not currently capable of understanding the English language.
4. Jury service would cause undue or extreme physical or financial hardship to the prospective juror or a person under the prospective juror’s care or supervision. For the purposes of this paragraph:
(a) A judge or jury commissioner of the court for which the person was called to jury service shall determine whether jury service would cause the prospective juror undue or extreme physical or financial hardship.
(b) A person who requests to be excused under this paragraph shall take all actions necessary to obtain a ruling on the request before the date on which the person is scheduled to appear for jury duty.
(c) Undue or extreme physical or financial hardship is limited to the following circumstances in which a person:
(i) Would be required to abandon a person under the potential juror’s care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury.
(ii) Would incur costs that would have a substantial adverse impact on the payment of the person’s necessary daily living expenses or on those for whom the potential juror provides regular employment or the principal means of support.
(iii) Would suffer physical hardship that would result in illness or disease.
(d) Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from the prospective juror’s place of employment.
(e) A person who requests to be excused under this paragraph shall provide the judge or jury commissioner with documentation that supports the request to be excused, such as federal and state income tax returns, payroll records, medical statements from physicians licensed pursuant to title 32, physician assistants licensed pursuant to title 32, chapter 25 or registered nurse practitioners licensed pursuant to title 32, chapter 15, proof of dependency or guardianship or other similar documents. The judge or jury commissioner may excuse a person if the documentation clearly supports the request to be excused. These documents are not public records and shall not be disclosed to the general public.
5. The prospective juror is a peace officer who is certified by the Arizona peace officer standards and training board and who is employed as a peace officer by this state or any political subdivision of this state. The employer of a peace officer shall not in any way influence the peace officer to make or not to make an application to the court, pursuant to this section, to be excused from jury service.
6. A judge or jury commissioner of the court for which the person was called to jury service excuses the prospective juror for good cause based on a showing of undue or extreme hardship under the circumstances, including being temporarily absent from the jurisdiction or a lack of transportation.
7. The prospective juror is summoned within four years after the prospective juror’s last day of service on a grand jury in this state. This paragraph does not apply to a person selected as an alternate grand juror.
8. Through January 1, 2022, the prospective juror is employed in the correctional officer class series by the state department of corrections.
C. Notwithstanding subsection B of this section, a prospective juror who is at least seventy-five years of age may submit a written statement to the court requesting that the person be excused from service. The prospective juror may request to be excused temporarily or permanently. On receipt of the request, the judge or jury commissioner shall excuse the prospective juror from service.
D. A person who is excused temporarily pursuant to this section becomes eligible for qualification as a juror when the temporary excuse expires unless the person is permanently excused from jury service.
E. A person may be permanently excused only if the deciding judge or jury commissioner determines that the underlying grounds for being excused are permanent in nature or the person is permanently excused under subsection C of this section.
F. If the judge, jury commissioner or jury manager permanently excuses the person from jury service, the person shall be notified that the person is permanently excused.
Limited Frequency of Jury Service
Ariz. Rev. Stat. 21-335. Frequency of service; exemption
A. A juror who has been summoned and selected to serve on a jury in this state is not required to serve again as a juror in any court in this state for two years following the last day of the juror’s service.
B. A presiding judge, in coordination with the jury commissioner, may apply to the supreme court for an exemption from this section for a specified period of time, not to exceed one year.
Who handles excusals is prescribed?
Ariz. Rev. Stat 21-202.
B. On timely application to the court, the following persons shall be excused temporarily from service as a juror if the judge or jury commissioner finds that any of the following applies: Ariz. Rev. Stat 21-202.
Deferral/Postponement of jury service allowed
Ariz Stat 21-336. Postponement of jury service
A. Persons who are scheduled to appear for jury service may postpone the date of their initial appearance for jury service two times only. On request, postponement shall be granted if all of the following apply:
1. The prospective juror has not been granted two prior postponements.
2. The prospective juror appears in person or contacts the jury commissioner by telephone or electronic mail or in writing to request a postponement.
3. A postponement shall be within a time period determined by the jury commissioner and shall be a date when the court will be in session.
B. A jury commissioner may approve a subsequent request for postponement of jury service only in the event of an extreme emergency that could not have been anticipated at the time the initial postponement was granted. The prospective juror is subject to being resummoned at the discretion of the jury commissioner.
Number of petit jurors for jury trial is prescribed?
N/A
Disclaimer
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