Selection Fields
Legislative Intent
16-13-18.2. Authority of Supreme Court.
The Supreme Court may by rule make provisions to see that this chapter is enforced properly in every county within the state.
Definitions
16-13-18.1. Random selection process.
For the purposes of this chapter, the jury selection process determined by § 16-13-9.2 shall be known as the “random selection process."
Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
SD Codified Laws 16-13-1. Master jury lists.
There shall be a master jury list for each county from which jurors shall be drawn for service as grand jurors and as petit jurors for the circuit and magistrate courts; provided that talesmen may be summoned by order of the presiding judge in the manner provided by law to supply any deficiency in the number of jurors required. Such jury list shall be compiled each year and shall be used in the drawing of jurors to be summoned during the following calendar year.
History
16-13-19. Inadequate master list for panels — Additions.
If the master list proves to be inadequate to provide such panels as may be ordered, the court may order that additional names be placed on the master list. The additional selections shall substantially conform to the apportionment and manner of selection of the original list, as set forth in § 16-13-9.2.
Drawing of juror names from list
16-13-9.1. Composition of master juror list.
For the purposes of this chapter, the master juror list shall be that list of names randomly selected by the state court administrator’s office from the jury selection list, from which the various grand and petit jury panels shall be drawn.
16-13-2. Number of names on jury list.
The minimum number of names to be placed on the master jury list for each county shall be designated by order of the presiding judge of the circuit court, or a judge of the circuit designated by him, to be made each year before September first.
16-13-4.1. Preparation and composition of jury selection list — Authority of county auditor.
For the purposes of this chapter, the jury selection list shall be prepared using electronic means by the state court administrator’s office and shall consist of the current voter registration list obtained from the secretary of state, supplemented by the list of persons eighteen years of age and over holding a valid driver license or a state-issued nondriver identification card. The state court administrator’s office shall annually merge these lists, and purge duplicate listings, to create an accurate jury selection list for preparing the master juror list in each county. The state court administrator’s office may specify that the supplemental driver license and nondriver identification card lists be compiled from a list of those drivers within the county who have renewed, updated, or applied for a driver license in the last two years or from a list of persons in the county who have renewed, updated, or applied for a state-issued nondriver identification card in the last two years. The jury selection list may not be distributed, sold, or duplicated for any other purpose.
16-13-9.2. Juror selection process.
The state court administrator’s office shall choose, at random, a number not less than one nor more than the total number of jurors to be placed on the master jury list. Using that random number, the state court administrator’s office shall select from the jury selection list for each county the name corresponding to that random number in sequence. This process shall continue until the number of names provided for pursuant to § 16-13-2 is selected. The processes specified in this section may be performed electronically.
16-13-13. Master juror list — Filing — Preparation of tickets — Electronic processing permitted.
Promptly upon completion of the master juror list, and in any event before October first in each year, the clerk of courts shall sign and file the list. The list shall be kept on file for four years. The clerk of courts shall then prepare separate tickets for each person named in the master juror list, unless a name is stricken pursuant to § 16-13-15. This process may be performed electronically.
16-13-18.1. Random selection process.
For the purposes of this chapter, the jury selection process determined by § 16-13-9.2 shall be known as the “random selection process."
16-13-23. Deadline for selection of jury panels — Participants in selection.
Within fifteen days from the receipt of the order provided in § 16-13-22, but no later than the first day of November, the clerk of courts shall select the jury panels.
Any such officer who is not disqualified may act by deputy.
16-13-27. Method of selection of jurors.
The clerk of courts shall use an electronic selection system to fill the jury panels with names from the master jury list. The clerk of courts shall sign the list to indicate that the selection was fairly performed to the best of the clerk’s knowledge.
Procedure for Summoning Jurors
16-13-20. Summons of grand juries.
The grand jury shall be summoned in the same manner as provided for summoning petit juries.
16-13-22. Order for selection of petit jury — Selection of names.
The presiding judge of each circuit, or a judge of the circuit court designated by the presiding judge, shall issue an order prior to October first of each year to the clerk of courts that a petit jury for the county or jury district be selected. The order shall specify the total number of jurors to be selected, the number of panels or sections of the panels into which the number of jurors are to be arranged, and the period of time of service during the year for each panel or section. The names shall be selected for each panel or section by lot as provided in § 16-13-27.
16-13-34. Notice to jurors — Form of notice — Acceptance of service.
Unless processed electronically, after the panel or panels of jurors have been drawn, the clerk of courts shall mail to each juror, at least sixty days prior to the time the juror is to serve, a notice that such person has been drawn as a juror.
The notice shall state the time and place the juror shall serve and shall have attached thereto an acceptance of service to be signed by each juror. There shall also be enclosed with the notice a stamped envelope addressed to the clerk of courts for the return of the acceptance of service. Each juror shall sign the acceptance of service of the notice, answer any questionnaires enclosed with the acceptance, and mail it to the clerk of courts or respond electronically using the court’s juror website within ten days after receipt.
16-13-37. Utilization of jury panels — How summoned.
The presiding judge of each circuit, or a judge of the circuit designated by him, shall prescribe the manner in which the jury panels are to be utilized for the trial of cases in the counties of the circuit and how they shall be summoned
16-13-41. Compliance with summons.
Each grand and petit juror summoned shall appear before the court on the day and at the hour specified in the summons and shall not depart without leave of court.
16-13-42. Summoning additional jurors — Documentation — Duty of those summoned to serve.
If any person summoned as grand and petit juror does not appear before the court, or if for any cause the panel of grand or petit jurors is not complete, or if no jury is drawn as provided by § 16-13-27, the court shall order the clerk of courts to summon without delay persons having the qualifications of jurors, whose names appear upon the master jury list, and if the jury list is exhausted then the clerk of courts shall request from the state court administrator’s office additional names on the master list pursuant to § 16-13-9.2. The trial court shall designate the persons authorized to assist the clerk of courts in contacting those summoned. The clerk and authorized assistants shall make and file with the court a memorandum of the manner in which attempts to contact additional jurors were made, responses or lack thereof, and the name of each additional juror contacted. Each person so summoned shall forthwith appear before the court, and, if competent, shall serve on the grand or petit jury as the case may be unless excused or lawfully challenged.
Prohibition of Discrimination Against Jurors
16-13-10.2. Right to serve as juror — Discrimination prohibited.
No citizen shall be excluded from service as a grand or petit juror in the courts of this state on account of race, color, religion, sex, national origin or economic status.
Qualifications
16-13-10. Eligible and exempt jurors.
Any citizen of this state, who is a resident of the county or jury district where the jury is selected, eighteen years of age or older prior to January first of the year of jury service, of sound mind and who is able to read, write, and understand the English language, is eligible to serve as a juror. Any member of the clergy, as defined in § 19-13-16, if jury service conflicts with religious belief, is exempt from jury duty. Any member of a church or religious organization is exempt from jury duty if jury service conflicts with the religious belief of that church or religious organization. Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror. No potential juror may be excluded from jury duty because of a visual or hearing impairment.
Disqualifications
16-13-10. Eligible and exempt jurors.
Any citizen of this state, who is a resident of the county or jury district where the jury is selected, eighteen years of age or older prior to January first of the year of jury service, of sound mind and who is able to read, write, and understand the English language, is eligible to serve as a juror. Any member of the clergy, as defined in § 19-13-16, if jury service conflicts with religious belief, is exempt from jury duty. Any member of a church or religious organization is exempt from jury duty if jury service conflicts with the religious belief of that church or religious organization. Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror. No potential juror may be excluded from jury duty because of a visual or hearing impairment.
16-13-15. Qualifications of jurors — Evaluation — Disqualification — Adjustment of rolls.
The clerk of courts and county auditor shall ascertain whether each of the persons on the master juror list has the qualifications of a juror as provided by § 16-13-10 from the information available from records of the county or other readily available sources, or has served as a juror within two years. A person has served as a juror if that person has been summoned and appeared for a trial. If, at any time, it appears that any person listed does not have the qualifications to serve as a juror or has served as a juror within two preceding years, the clerk of courts shall strike the name from the list and draw another in its place if necessary. The clerk of courts shall adjust the number to be drawn to allow for the elimination of the names of those disqualified.
The clerk of courts shall record with the list of jurors the reasons for disqualification of any person stricken from the master jury list.
Excusal or Exemptions
16-13-10. Eligible and exempt jurors.
Any citizen of this state, who is a resident of the county or jury district where the jury is selected, eighteen years of age or older prior to January first of the year of jury service, of sound mind and who is able to read, write, and understand the English language, is eligible to serve as a juror. Any member of the clergy, as defined in § 19-13-16, if jury service conflicts with religious belief, is exempt from jury duty. Any member of a church or religious organization is exempt from jury duty if jury service conflicts with the religious belief of that church or religious organization. Any person who has been convicted of a felony unless restored to civil rights is not eligible to serve as a juror. No potential juror may be excluded from jury duty because of a visual or hearing impairment.
Limited Frequency of Jury Service
16-13-28. Disregard of jurors who have previously served.
If any person whose name has been drawn has served as a juror in any state court of record in the county since the verification and drawing of the master jury list, such name shall be disregarded and another drawn in its place. A person has served as a juror if he has been summoned and appeared for a trial.
Who handles excusals is prescribed?
**The judge**
"16-13-10.3. Persons over age eighty — Request for excusal from jury duty.
Any person eighty years of age or older may request to be excused from jury duty. The judge shall give substantial weight to the person’s request to be relieved from jury duty, balancing the request with the need to impanel a jury."
Deferral/Postponement of jury service allowed
N/A
Number of petit jurors for jury trial is prescribed?
**Not specified**
SD Codified 16-13-1. Master jury lists.
There shall be a master jury list for each county from which jurors shall be drawn for service as grand jurors and as petit jurors for the circuit and magistrate courts; provided that talesmen may be summoned by order of the presiding judge in the manner provided by law to supply any deficiency in the number of jurors required. Such jury list shall be compiled each year and shall be used in the drawing of jurors to be summoned during the following calendar year.
Disclaimer
The information provided on this website does not, and is not intended to, constitute legal advice.
