Selection Fields
Legislative Intent
N/A
Definitions
29A.010. Definitions.
As used in this chapter, unless the context otherwise requires:
(1) “Court" means a Circuit or District Court of this Commonwealth and includes any judge of these courts.
(2) “Name" includes an identifying number.
Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
Ky. Rev. Stat. 29A.040. Master list of prospective jurors for county — Annual update.
(1) A list of all persons over the age of eighteen (18) and holding personal identification cards under KRS 186.4122 or valid driver’s licenses which were issued in the county, of the names and addresses of all persons filing Kentucky resident individual income tax returns which show an address in the county, and of all persons registered to vote in the county shall constitute a master list of prospective jurors for a county.
(2) The Administrative Office of the Courts shall at least annually acquire an electronic copy of the list of personal identification cards issued under KRS 186.4122 and the driver’s license list from the Transportation Cabinet, an electronic copy of the tax roll described in subsection (1) of this section from the Department of Revenue, and an electronic copy of the voter registration lists from the State Board of Elections. In addition, the Administrative Office of the Courts shall at least annually acquire a listing of deceased persons from the Vital Statistics Branch in the Department of Public Health. The Transportation Cabinet, the Department of Revenue, the State Board of Elections, and the Vital Statistics Branch and those public officers or employees having custody, possession, or control of any of the lists required under this section shall annually furnish a copy of the list to the Administrative Office of the Courts without charge.
(3) The Administrative Office of the Courts shall merge the lists required by subsections (1) and (2) of this section in a manner designed to create an accurate listing of all persons eligible for jury service. The Administrative Office of the Courts may purge names from the master list upon reasonable evidence of death, change of state residence, change of county residence, or any other reason causing a person to be ineligible for jury service as found in KRS 29A.080.
(4) Any person who comes into possession of the Kentucky income tax names and addresses as provided in this section shall be bound by the confidentiality provisions of KRS 131.190.
29A.060. Assignment of jurors by Chief Circuit Judge — Service of summons — Selection of additional jurors — Summonsing jurors from adjoining counties.
(1) Each Circuit or District Judge shall inform the Chief Circuit Judge or the Chief Circuit Judge’s designee of the need for qualified jurors.
(2) The Chief Circuit Judge or designee shall regulate the random assignment of jurors for use in Circuit and District Courts. Any petit juror assigned to a judge of Circuit or District Court may be used by any other judge of any other branch or division of Circuit or District Court when jurors are needed.
(3) If a grand, petit, or other jury is ordered to be drawn, the Chief Circuit Judge or designee thereafter shall cause each person drawn for jury service to be served with a summons requiring that person to report for jury service at a specified time and place, unless otherwise notified by the court, and to be available for jury service for thirty (30) judicial days thereafter. The service of summons shall be made by the court utilizing first class mail, addressed to each person at his or her usual residence, business, or post office address. In the event service cannot be accomplished by first class mail, the court may cause service to be made personally by the sheriff. In either case, notice shall be mailed or served to the prospective juror at least thirty (30) days before he or she is required to attend.
(4) The juror qualification form required by KRS 29A.070 shall be enclosed with the summons. If the summons is served by mail, any prospective juror who does not return the juror qualification form within ten (10) days may be personally served by the sheriff at the discretion of the Chief Circuit Judge or Chief Circuit Judge’s designee.
(5) When there is an unanticipated shortage of available jurors obtained from a randomized jury list, the Chief Circuit Judge may cause to be summonsed a sufficient number of jurors selected sequentially from the randomized jury list beginning with the first name following the last name previously selected. The persons so chosen shall be summonsed as provided in this section, but need not be given the notice provided in subsection (3) of this section.
(6) Only persons duly qualified and summonsed under subsection (3) of this section and KRS 29A.070 shall serve as jurors.
(7) If, after making a fair effort in good faith, the judge is satisfied that it will be impracticable to obtain a jury free of bias in the county in which the prosecution is pending, the judge may obtain a sufficient number of jurors from some adjoining county in which the judge believes there is the greatest probability of obtaining impartial jurors. The judge shall request the Chief Circuit Judge for the adjoining county to draw and summon as many jurors as are needed. Jurors summonsed under this subsection need not be given the notice provided in subsection (3) of this section.
Drawing of juror names from list
Ky. Rev. Stat. 29A.060. Assignment of jurors by Chief Circuit Judge — Service of summons — Selection of additional jurors — Summonsing jurors from adjoining counties.
(1) Each Circuit or District Judge shall inform the Chief Circuit Judge or the Chief Circuit Judge’s designee of the need for qualified jurors.
(2) The Chief Circuit Judge or designee shall regulate the random assignment of jurors for use in Circuit and District Courts. Any petit juror assigned to a judge of Circuit or District Court may be used by any other judge of any other branch or division of Circuit or District Court when jurors are needed.
(3) If a grand, petit, or other jury is ordered to be drawn, the Chief Circuit Judge or designee thereafter shall cause each person drawn for jury service to be served with a summons requiring that person to report for jury service at a specified time and place, unless otherwise notified by the court, and to be available for jury service for thirty (30) judicial days thereafter. The service of summons shall be made by the court utilizing first class mail, addressed to each person at his or her usual residence, business, or post office address. In the event service cannot be accomplished by first class mail, the court may cause service to be made personally by the sheriff. In either case, notice shall be mailed or served to the prospective juror at least thirty (30) days before he or she is required to attend.
(4) The juror qualification form required by KRS 29A.070 shall be enclosed with the summons. If the summons is served by mail, any prospective juror who does not return the juror qualification form within ten (10) days may be personally served by the sheriff at the discretion of the Chief Circuit Judge or Chief Circuit Judge’s designee.
(5) When there is an unanticipated shortage of available jurors obtained from a randomized jury list, the Chief Circuit Judge may cause to be summonsed a sufficient number of jurors selected sequentially from the randomized jury list beginning with the first name following the last name previously selected. The persons so chosen shall be summonsed as provided in this section, but need not be given the notice provided in subsection (3) of this section.
(6) Only persons duly qualified and summonsed under subsection (3) of this section and KRS 29A.070 shall serve as jurors.
(7) If, after making a fair effort in good faith, the judge is satisfied that it will be impracticable to obtain a jury free of bias in the county in which the prosecution is pending, the judge may obtain a sufficient number of jurors from some adjoining county in which the judge believes there is the greatest probability of obtaining impartial jurors. The judge shall request the Chief Circuit Judge for the adjoining county to draw and summon as many jurors as are needed. Jurors summonsed under this subsection need not be given the notice provided in subsection (3) of this section.
Procedure for Summoning Jurors
29A.070. Juror qualification forms.
(1) The Chief Circuit Judge shall cause to be mailed or delivered with the summons to each juror a juror qualification form accompanied by instructions to fill out and return the form by mail or hand delivery to the clerk within five (5) days after its receipt, or to be completed as otherwise directed. The juror qualification form shall be provided by the Administrative Office of the Courts and subject to approval by the Chief Justice of the Supreme Court.
(2) The juror qualification form shall contain the prospective juror’s signed 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 by a fine or by imprisonment, or both. Notarization of the juror qualification form shall not be required.
(3) If the prospective juror is unable to fill out the form, another person may do it for him and shall indicate that he has done so and the reason therefor.
(4) Any prospective juror who fails to return a properly completed juror qualification form as instructed may be directed by the Chief Circuit Judge to appear forthwith to fill out a juror qualification form. At the time of his appearance for jury service, any prospective juror may be questioned by the judge or his designee, but only with regard to his responses to questions contained on the form and grounds for his excuse or disqualification. Any information thus acquired shall be noted on the juror qualification form.
(5) A prospective juror who fails to appear as directed by the judge pursuant to subsection (4) of this section shall be ordered to appear and show cause for his failure to appear as directed. If the prospective juror fails to appear pursuant to the judge’s order or fails to show good cause for his failure to appear as directed by the judge, he may be punished for contempt.
(6) No person shall willfully misrepresent a material fact on a juror qualification form.
(7) The contents of juror qualification forms shall be made available to parties or their attorneys of record unless the court determines in any instance in the interest of justice that this information shall be kept confidential or its use limited in whole or in part.
History
Prohibition of Discrimination Against Jurors
N/A
Qualifications
29A.070. Juror qualification forms.
(1) The Chief Circuit Judge shall cause to be mailed or delivered with the summons to each juror a juror qualification form accompanied by instructions to fill out and return the form by mail or hand delivery to the clerk within five (5) days after its receipt, or to be completed as otherwise directed. The juror qualification form shall be provided by the Administrative Office of the Courts and subject to approval by the Chief Justice of the Supreme Court.
(2) The juror qualification form shall contain the prospective juror’s signed 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 by a fine or by imprisonment, or both. Notarization of the juror qualification form shall not be required.
(3) If the prospective juror is unable to fill out the form, another person may do it for him and shall indicate that he has done so and the reason therefor.
(4) Any prospective juror who fails to return a properly completed juror qualification form as instructed may be directed by the Chief Circuit Judge to appear forthwith to fill out a juror qualification form. At the time of his appearance for jury service, any prospective juror may be questioned by the judge or his designee, but only with regard to his responses to questions contained on the form and grounds for his excuse or disqualification. Any information thus acquired shall be noted on the juror qualification form.
(5) A prospective juror who fails to appear as directed by the judge pursuant to subsection (4) of this section shall be ordered to appear and show cause for his failure to appear as directed. If the prospective juror fails to appear pursuant to the judge’s order or fails to show good cause for his failure to appear as directed by the judge, he may be punished for contempt.
(6) No person shall willfully misrepresent a material fact on a juror qualification form.
(7) The contents of juror qualification forms shall be made available to parties or their attorneys of record unless the court determines in any instance in the interest of justice that this information shall be kept confidential or its use limited in whole or in part.
Disqualifications
29A.080. Disqualifications for jury service — Permanent exemption.
(1) The Chief Circuit Judge or one (1) or more judges of the court, the court’s clerk, a deputy clerk, the court’s administrator, or a deputy court administrator so designated by the Chief Circuit Judge shall determine on the basis of the information provided on the juror qualification form whether the prospective juror is disqualified for jury service for any of the reasons listed in subsection (2) of this section. This determination shall be entered in the space provided on the juror qualification form. The Chief Circuit Judge shall cause each disqualified juror to be immediately notified of the juror’s disqualification.
(2) A prospective juror is disqualified to serve on a jury if the juror:
(a) Is under eighteen (18) years of age;
(b) Is not a citizen of the United States;
(c) Is not a resident of the county;
(d) Has insufficient knowledge of the English language;
(e) Has been previously convicted of a felony and has not been pardoned or received a restoration of civil rights by the Governor or other authorized person of the jurisdiction in which the person was convicted;
(f) Is presently under indictment; or
(g) Has served on a jury within the time limitations set out under KRS 29A.130.
(3) The Chief Circuit Judge may grant a permanent exemption based upon an individual’s request and a finding by the Chief Circuit Judge of a permanent medical condition rendering the individual incapable of serving. The judge granting the permanent exemption shall notify the requesting person and the Administrative Office of the Courts. Upon receiving notification of a permanent exemption the Administrative Office of the Courts shall remove the person’s name from the master list.
(4) There shall be no waiver of these disqualifications, except that pursuant to the Federal Americans With Disabilities Act of 1990, an individual with a disability shall not be disqualified solely by reason of the disability. For the purposes of this section, “individual with a disability" means a person with a physical or mental impairment that substantially limits one (1) or more of the major life activities of the individual, a record of the impairment, or being regarded as having the impairment.
Excusal or Exemptions
29A.090. Automatic exemptions prohibited.
There shall be no automatic exemptions from jury service.
Limited Frequency of Jury Service
N/A
Who handles excusals is prescribed?
**Chief Circuit Judge**
Ky. Rev. Stat. 29A.100. Postponement of service or excusing of juror — Breastfeeding mothers to be excused.
(1) Upon the request of a prospective juror prior to assignment to a trial court, the Chief Circuit Judge, or after the juror’s assignment to a trial court, the trial judge may excuse such juror upon a showing of undue hardship, extreme inconvenience, or public necessity. On the day on which the prospective jurors are summonsed to appear, any person not previously excused who desires to be excused shall be heard.
Deferral/Postponement of jury service allowed
Ky. Rev. Stat. 29A.100. Postponement of service or excusing of juror — Breastfeeding mothers to be excused...
(2) The Chief Circuit Judge may designate and authorize one (1) or more judges of the court, the court’s clerk, a deputy clerk, the court’s administrator, or a deputy court administrator to excuse a juror from service for a period not to exceed ten (10) days or to postpone jury service for a period not to exceed twelve (12) months. The reasons for excuse or postponement shall be entered in the space provided on the juror qualification form.
Number of petit jurors for jury trial is prescribed?
29A.280. Number of jurors in Circuit and District Courts — Number required for verdict.
(1) Juries for all trials in Circuit Court shall be composed of twelve (12) persons. Juries for all trials in District Court shall be composed of six (6) persons.
(2) In Circuit Court, at any time before the jury is sworn, the parties with the approval of the court may stipulate that the jury shall consist of any number less than twelve (12), except that no jury shall consist of less than six (6) persons.
(3) A unanimous verdict is required in all criminal trials by jury. The agreement of at least three-fourths (¾) of the jurors is required for a verdict in all civil trials by jury in Circuit Court. The agreement of at least five-sixths (⅚) of the jurors is required for a verdict in all civil trials by jury in District Court.
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