Selection Fields
Legislative Intent
Idaho Code § 2-202. Policy of state
It is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, and that all qualified citizens have the opportunity, in accordance with this act to be considered for jury service in this state and an obligation to serve as jurors when summoned for that purpose.
Definitions
§ 2-204. Definitions
As used in this chapter:
(1) "Court" means district courts of this state, including the magistrates division, and includes, when the context requires, any judge of the court;
(2) "Clerk" and "clerk of the court" mean the duly elected and acting clerk of the district court and ex officio auditor and recorder and duly appointed deputies;
(3) "Master jury list" means the voter registration lists for the county which shall be supplemented with names from other sources prescribed pursuant to section 2-206, Idaho Code, in order to foster the policy and protect the rights secured by sections 2-202 and 2-203, Idaho Code;
(4) "Voter registration lists" means the most current official records, maintained by the county clerk, of persons registered to vote in any national, state, county, or municipal election;
(5) "Jury selection system" means any physical device or automated system for the management of the names or identifying numbers of prospective jurors;
(6) "Prospective jury panel" means the list of names or identifying numbers of prospective jurors drawn at random from the master jury list pursuant to section 2-208, Idaho Code, and who are not disqualified pursuant to section 2-209, Idaho Code.
Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
Idaho Code § 2-207. Master and county jury lists -- Manner of updating
(1) Updated information from the lists used to compile the master and county jury lists, including any changes, deletions and additions, shall be made to the master and county jury lists from time to time as determined by the jury commission or the supreme court, but at a minimum not less frequently than December of each odd-numbered year.
(2) In the alternative, or in addition to the procedure set forth in subsection (1) of this section, in December of each odd-numbered year, or more frequently as determined by the jury commission or the supreme court, the master and county jury lists shall be emptied and refilled as prescribed in section 2-206, Idaho Code.
(3) Pursuant to the provisions of subsections (1) and (2) of this section, the supreme court shall determine the method and timing of updating the master jury list, and the jury commission shall determine the method and timing of updating any county jury list that is separately compiled and maintained by a county.
§ 2-206. Master and county jury lists of registered voters -- Supplementation by other lists designated by supreme court -- List available to commission -- Open to public inspection
(1) The jury commission for each county shall compile and maintain a county jury list consisting of the current voter registration list for the county supplemented with names from other lists of persons resident therein, such as lists of utility customers, property taxpayers, motor vehicle registrations, drivers' licenses, and state identification cards, which the supreme court from time to time designates. The supreme court shall initially designate the other lists within ninety (90) days following the effective date of this act and exercise the authority to designate from time to time in order to foster the policy and protect the rights secured by sections 2-202 and 2-203, Idaho Code. In the alternative, and upon the consent of the supreme court, a jury commission may use the supreme court jury platform, including the county jury list derived therefrom, instead of compiling and maintaining a separate county jury list of its own.
(2) The supreme court shall compile and maintain a master jury list consisting of the current voter registration for the state supplemented with names from other lists of persons designated under subsection (1) of this section. The master jury list compiled and maintained by the supreme court shall be divided into county jury lists for use by the jury commissions authorized to use the supreme court jury platform.
(3) In compiling the master and county jury lists, the jury commission and the supreme court shall avoid duplication of names.
(4) Whoever has custody, possession, or control of any of the lists used in compiling the master or county jury lists, including those designated under subsection (1) of this section by the supreme court as supplementary sources of names, shall electronically transfer the list, including any changes, deletions and additions, and at the request of the jury commission or the supreme court, the custodian shall prepare a hard copy of the list and make the custodian's records, from which the list was compiled, available for inspection, reproduction, and copying at all reasonable times.
(5) The master and county jury lists shall be open to the public for examination as provided by supreme court rule.
Drawing of juror names from list
§ 2-208. Names randomly drawn from county jury list -- Qualification questionnaire forms for prospective jurors -- Mailing and return -- Order to appear -- Criminal contempt -- Penalty for misrepresentation
(1) The court or any other state or county official having authority to conduct a trial or hearing with a jury within the county may direct the jury commission to draw and assign to that court or official the number of qualified jurors deemed necessary for one (1) or more jury panels or as required by law for a grand jury. Upon receipt of the direction and in a manner prescribed by the court, the jury commission shall publicly draw at random, by use of a manual, mechanical, or automated system, from the county jury list the number of prospective jurors specified. Neither the names drawn nor the list shall be disclosed to any person except upon specific order of the presiding judge.
(2) Each person on the prospective jury panel shall be served with a summons, issued by the clerk of the court or the jury commissioner. The summons shall be served either personally, or by regular mail or certified mail, addressed to the prospective juror at that person's usual residence, business or post office address.
(3) The clerk or the jury commissioner shall mail a qualification questionnaire form, accompanied by instructions, addressed to the prospective jurors at their usual residence, business or post office address. The qualification questionnaire form may be sent together with the summons in a single mailing to a prospective juror. The qualification questionnaire form shall be in a form prescribed by the supreme court. The qualification questionnaire form must be completed and returned to the clerk or the jury commissioner within ten (10) days from the date of mailing. The qualification questionnaire form shall elicit the name, address of residence, and age of the prospective juror and whether the prospective juror: (a) is a citizen of the United States of America and a resident of the county; (b) is able to read, speak and understand the English language; (c) has any disability impairing his capacity to render satisfactory jury service; and (d) has lost the right to serve on a jury because of a felony criminal conviction as provided by section 3, article VI, of the constitution of the state of Idaho, and who has not been restored to the rights of citizenship pursuant to section 18-310, Idaho Code, or other applicable law. The qualification questionnaire form shall contain the prospective juror's declaration that his responses are true to the best of his knowledge and his acknowledgment that a willful misrepresentation of a material fact may be punished as a misdemeanor. Notarization of the completed qualification questionnaire form shall not be required. If the prospective juror is unable to complete the form, another person may do so on his or her behalf and shall indicate that such person has done so and the reason therefor. If it appears there is an omission, ambiguity, or error in a returned form, the clerk or the jury commissioner shall again send the form with instructions to the prospective juror to make the necessary addition, clarification, or correction and to return the form to the jury commission within ten (10) days after its second mailing.
(4) Any prospective juror who fails to return a completed qualification questionnaire form as instructed shall be directed by the jury commission to appear forthwith before the clerk or the jury commissioner to complete the qualification questionnaire form. At the time of his appearance for jury service, or at the time of interview before the court, clerk, or the jury commissioner, any prospective juror may be required to complete another qualification questionnaire form in the presence of the court, clerk, or the jury commissioner, at which time the prospective juror may be questioned, but only with regard to his responses to questions contained on the form and grounds for his excuse or disqualification. Any information thus acquired by the court, clerk, or the jury commissioner shall be noted on the qualification questionnaire form.
(5) A prospective juror who fails to appear as directed by the commission, pursuant to subsection (4) of this section, shall be ordered by the court to appear and show cause for his failure to appear as directed. A prospective juror who fails to appear pursuant to the court's order may be subject to contempt proceedings under chapter 6, title 7, Idaho Code, and applicable rules of the supreme court, and the prospective juror's service may be postponed to a new prospective jury panel as set by the presiding judge.
(6) Any person who willfully misrepresents a material fact on a qualification questionnaire form for the purpose of avoiding or securing service as a juror is guilty of a misdemeanor.
(7) The contents of the juror qualification questionnaire form shall be confidential to the extent provided by rules of the Idaho supreme court.
(8) The clerk or the jury commissioner may provide an opportunity to a prospective juror to complete and return the qualification questionnaire form through electronic mail, facsimile transmission, or other reliable means of communication prior to mailing the qualification questionnaire form to the prospective juror. If the prospective juror completes and returns the qualification questionnaire form in such manner, the qualification questionnaire form need not be mailed to the prospective juror.
Procedure for Summoning Jurors
§ 2-210. Names placed in prospective jury panel -- Summoning additional trial jurors
(1) The jury commission shall maintain a prospective jury panel and shall place therein the names or identifying numbers of all prospective jurors drawn from the county jury list who are not disqualified under section 2-209, Idaho Code.
(2) If there is an unanticipated shortage of available trial jurors drawn from a prospective jury panel, the court may require the sheriff to summon a sufficient number of trial jurors selected at random by the clerk from the county jury list in a manner prescribed by the court. The jurors whose names are drawn from the county jury list shall be served with a summons and shall complete the qualification questionnaire form in the manner prescribed in section 2-208, Idaho Code.
Prohibition of Discrimination Against Jurors
§ 2-203. Discrimination prohibited
A citizen shall not be excluded from jury service in this state on account of race, color, religion, sex, national origin, or economic status.
Qualifications
§ 2-209. Determination of qualification of prospective juror -- Qualifications -- Physician's certificate of disability
(1) The administrative district judge or administrative district judge's designee, upon request of the clerk or the jury commissioner or a prospective juror or on its own initiative, shall determine on the basis of information provided on the qualification questionnaire form or interview with the prospective juror or other competent evidence whether:
(a) The prospective juror is not qualified to serve on a jury because he or she is unable to read, speak, and understand the English language; or
(b) The prospective juror is disqualified from service on a jury because of a disability which renders the prospective juror incapable of performing satisfactory jury service. A person claiming this disqualification shall be required to submit a physician's certificate as to the disability, and the certifying physician is subject to inquiry by the court at its discretion.
(2) The clerk or the jury commissioner shall determine on the basis of information provided on the qualification questionnaire form or interview with the prospective juror or other competent evidence whether:
(a) The prospective juror is not qualified to serve on a jury because the person is not a citizen of the United States of America, eighteen (18) years of age, and a resident of the county; or
(b) The prospective juror is disqualified from serving on a jury because of a felony criminal conviction as provided by section 3, article VI, of the constitution of the state of Idaho, and who has not been restored to the rights of citizenship pursuant to section 18-310, Idaho Code, or other applicable law.
(3) A person who is disqualified from serving on a jury on the basis of any of the grounds set forth in subsections (1) and (2) of this section shall be excused from serving on a jury for a period of two (2) years following the disqualification. The administrative district judge, or a district judge or magistrate judge designated by the administrative district judge, may excuse a person disqualified under subsection (1)(b) of this section for a period of time greater than two (2) years, or may excuse such person permanently from serving on a jury. An order excusing such a person permanently or for a period of time greater than two (2) years shall be based upon a finding as to the nature and duration of the disability, based upon the information provided in the qualification questionnaire form, an interview with the prospective juror, or other competent evidence.
History
Disqualifications
Idaho Code § 2-209. Determination of qualification of prospective juror -- Qualifications -- Physician's certificate of disability
(1) The administrative district judge or administrative district judge's designee, upon request of the clerk or the jury commissioner or a prospective juror or on its own initiative, shall determine on the basis of information provided on the qualification questionnaire form or interview with the prospective juror or other competent evidence whether:
(a) The prospective juror is not qualified to serve on a jury because he or she is unable to read, speak, and understand the English language; or
(b) The prospective juror is disqualified from service on a jury because of a disability which renders the prospective juror incapable of performing satisfactory jury service. A person claiming this disqualification shall be required to submit a physician's certificate as to the disability, and the certifying physician is subject to inquiry by the court at its discretion.
(2) The clerk or the jury commissioner shall determine on the basis of information provided on the qualification questionnaire form or interview with the prospective juror or other competent evidence whether:
(a) The prospective juror is not qualified to serve on a jury because the person is not a citizen of the United States of America, eighteen (18) years of age, and a resident of the county; or
(b) The prospective juror is disqualified from serving on a jury because of a felony criminal conviction as provided by section 3, article VI, of the constitution of the state of Idaho, and who has not been restored to the rights of citizenship pursuant to section 18-310, Idaho Code, or other applicable law.
(3) A person who is disqualified from serving on a jury on the basis of any of the grounds set forth in subsections (1) and (2) of this section shall be excused from serving on a jury for a period of two (2) years following the disqualification. The administrative district judge, or a district judge or magistrate judge designated by the administrative district judge, may excuse a person disqualified under subsection (1)(b) of this section for a period of time greater than two (2) years, or may excuse such person permanently from serving on a jury. An order excusing such a person permanently or for a period of time greater than two (2) years shall be based upon a finding as to the nature and duration of the disability, based upon the information provided in the qualification questionnaire form, an interview with the prospective juror, or other competent evidence.
Excusal or Exemptions
"Idaho Code § 2-212. Excusing or postponing jury service -- Inquiry by court -- Grounds for excusing or postponing
(1) The court, or a member of the jury commission designated by the court, upon request of a prospective juror or on its own initiative, shall determine on the basis of information provided on the qualification questionnaire form or interview with the prospective juror or other competent evidence whether the prospective juror should be excused from jury service or have their jury service postponed. The clerk or the jury commissioner shall keep a record of this determination.
(2) A person who is seventy (70) years of age or older shall be permanently excused if the person indicates on the qualification questionnaire form that he or she wishes to be excused. A person who requests to be excused on this basis shall be reinstated to the county jury list by submitting a written request asking to be reinstated for jury service.
(3) A person who is not disqualified for jury service under section 2-209, Idaho Code, may have jury service postponed by the court or the jury commissioner only upon a showing of undue hardship, extreme inconvenience, or public necessity, or upon a showing that the juror is a mother breastfeeding her child.
(a) Any person requesting a postponement shall provide a written statement setting forth the reason for the request and the anticipated date that the reason will no longer exist.
(b) The court or the jury commissioner may require a person requesting a postponement for any medical reason to provide a statement from a medical provider supporting the request.
(c) The postponement, if granted, shall be for a period of time as the court or the jury commissioner deems necessary, at the conclusion of which the person shall reappear for jury service in accordance with the direction of the court or the jury commissioner."
Limited Frequency of Jury Service
Idaho Code § 2-207. Master and county jury lists -- Manner of updating
(1) Updated information from the lists used to compile the master and county jury lists, including any changes, deletions and additions, shall be made to the master and county jury lists from time to time as determined by the jury commission or the supreme court, but at a minimum not less frequently than December of each odd-numbered year.
(2) In the alternative, or in addition to the procedure set forth in subsection (1) of this section, in December of each odd-numbered year, or more frequently as determined by the jury commission or the supreme court, the master and county jury lists shall be emptied and refilled as prescribed in section 2-206, Idaho Code.
(3) Pursuant to the provisions of subsections (1) and (2) of this section, the supreme court shall determine the method and timing of updating the master jury list, and the jury commission shall determine the method and timing of updating any county jury list that is separately compiled and maintained by a county.
History
Who handles excusals is prescribed?
**The court or member of jury commission**
Idaho Code § 2-212. Excusing or postponing jury service -- Inquiry by court -- Grounds for excusing or postponing
(1) The court, or a member of the jury commission designated by the court, upon request of a prospective juror or on its own initiative, shall determine on the basis of information provided on the qualification questionnaire form or interview with the prospective juror or other competent evidence whether the prospective juror should be excused from jury service or have their jury service postponed. The clerk or the jury commissioner shall keep a record of this determination.
(2) A person who is seventy (70) years of age or older shall be permanently excused if the person indicates on the qualification questionnaire form that he or she wishes to be excused. A person who requests to be excused on this basis shall be reinstated to the county jury list by submitting a written request asking to be reinstated for jury service.
(3) A person who is not disqualified for jury service under section 2-209, Idaho Code, may have jury service postponed by the court or the jury commissioner only upon a showing of undue hardship, extreme inconvenience, or public necessity, or upon a showing that the juror is a mother breastfeeding her child.
(a) Any person requesting a postponement shall provide a written statement setting forth the reason for the request and the anticipated date that the reason will no longer exist.
(b) The court or the jury commissioner may require a person requesting a postponement for any medical reason to provide a statement from a medical provider supporting the request.
(c) The postponement, if granted, shall be for a period of time as the court or the jury commissioner deems necessary, at the conclusion of which the person shall reappear for jury service in accordance with the direction of the court or the jury commissioner.
Deferral/Postponement of jury service allowed
Idaho Code § 2-209. Determination of qualification of prospective juror -- Qualifications -- Physician's certificate of disability
(1) The administrative district judge or administrative district judge's designee, upon request of the clerk or the jury commissioner or a prospective juror or on its own initiative, shall determine on the basis of information provided on the qualification questionnaire form or interview with the prospective juror or other competent evidence whether:
(a) The prospective juror is not qualified to serve on a jury because he or she is unable to read, speak, and understand the English language; or
(b) The prospective juror is disqualified from service on a jury because of a disability which renders the prospective juror incapable of performing satisfactory jury service. A person claiming this disqualification shall be required to submit a physician's certificate as to the disability, and the certifying physician is subject to inquiry by the court at its discretion.
(2) The clerk or the jury commissioner shall determine on the basis of information provided on the qualification questionnaire form or interview with the prospective juror or other competent evidence whether:
(a) The prospective juror is not qualified to serve on a jury because the person is not a citizen of the United States of America, eighteen (18) years of age, and a resident of the county; or
(b) The prospective juror is disqualified from serving on a jury because of a felony criminal conviction as provided by section 3, article VI, of the constitution of the state of Idaho, and who has not been restored to the rights of citizenship pursuant to section 18-310, Idaho Code, or other applicable law.
(3) A person who is disqualified from serving on a jury on the basis of any of the grounds set forth in subsections (1) and (2) of this section shall be excused from serving on a jury for a period of two (2) years following the disqualification. The administrative district judge, or a district judge or magistrate judge designated by the administrative district judge, may excuse a person disqualified under subsection (1)(b) of this section for a period of time greater than two (2) years, or may excuse such person permanently from serving on a jury. An order excusing such a person permanently or for a period of time greater than two (2) years shall be based upon a finding as to the nature and duration of the disability, based upon the information provided in the qualification questionnaire form, an interview with the prospective juror, or other competent evidence.
Idaho Code § 2-212. Excusing or postponing jury service -- Inquiry by court -- Grounds for excusing or postponing
(1) The court, or a member of the jury commission designated by the court, upon request of a prospective juror or on its own initiative, shall determine on the basis of information provided on the qualification questionnaire form or interview with the prospective juror or other competent evidence whether the prospective juror should be excused from jury service or have their jury service postponed. The clerk or the jury commissioner shall keep a record of this determination.
(2) A person who is seventy (70) years of age or older shall be permanently excused if the person indicates on the qualification questionnaire form that he or she wishes to be excused. A person who requests to be excused on this basis shall be reinstated to the county jury list by submitting a written request asking to be reinstated for jury service.
(3) A person who is not disqualified for jury service under section 2-209, Idaho Code, may have jury service postponed by the court or the jury commissioner only upon a showing of undue hardship, extreme inconvenience, or public necessity, or upon a showing that the juror is a mother breastfeeding her child.
(a) Any person requesting a postponement shall provide a written statement setting forth the reason for the request and the anticipated date that the reason will no longer exist.
(b) The court or the jury commissioner may require a person requesting a postponement for any medical reason to provide a statement from a medical provider supporting the request.
(c) The postponement, if granted, shall be for a period of time as the court or the jury commissioner deems necessary, at the conclusion of which the person shall reappear for jury service in accordance with the direction of the court or the jury commissioner.
Number of petit jurors for jury trial is prescribed?
**NOT SPECIFIED**
Idaho Code § 2-210. Names placed in prospective jury panel -- Summoning additional trial jurors
(1) The jury commission shall maintain a prospective jury panel and shall place therein the names or identifying numbers of all prospective jurors drawn from the county jury list who are not disqualified under section 2-209, Idaho Code.
(2) If there is an unanticipated shortage of available trial jurors drawn from a prospective jury panel, the court may require the sheriff to summon a sufficient number of trial jurors selected at random by the clerk from the county jury list in a manner prescribed by the court. The jurors whose names are drawn from the county jury list shall be served with a summons and shall complete the qualification questionnaire form in the manner prescribed in section 2-208, Idaho Code.
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