Selection Fields
Legislative Intent
Utah Code 78B-1-103. Jurors selected from random cross section — Opportunity and obligation to serve.
(1) It is the policy of this state that:
(a) persons selected for jury service be selected at random from a fair cross section of the population of the county:
(b) all qualified citizens have the opportunity in accordance with this chapter to be considered for service; and
(c) all qualified citizens are obligated to serve when summoned, unless excused.
(2) A qualified citizen may not be excluded from jury service on account of race, color, religion, sex, national origin, age, occupation, disability, or economic status.
Definitions
78B-1-102. Definitions.
As used in this part:
(1) “Clerk" or “clerk of the court" means the person so designated by title and includes any deputy clerk.
(2) “Court" means trial court.
(3) “Jury" means a body of persons temporarily selected from the citizens of a particular county invested with the power to present and indict a person for a public offense or to try a question of fact.
(4) “Master jury list" means the source lists as prescribed by the Judicial Council under Section 78B-1-106.
(5) “Prospective jury list" means the list of prospective jurors whose names are drawn at random from the master jury list and are determined to be qualified to serve as jurors.
(6) “Public necessity" means circumstances in which services performed by the prospective juror to members of the public in either a public or a private capacity cannot adequately be performed by others.
(7) “Trial jury" means a body of persons selected from the citizens of a particular county before a court or officer of competent jurisdiction and sworn to try and determine by verdict a question of fact.
(8) “Undue hardship" means circumstances in which the prospective juror would:
(a) be required to abandon a person under his or her personal care or incur the cost of substitute care which is unreasonable under the circumstances;
(b) suffer extreme physical hardship due to an illness, injury, or disability; or
(c) incur substantial costs or lost opportunities due to missing an event that was scheduled prior to the initial notice of potential jury service.
Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
Utah Code 78B-1-106. Master jury list — Inclusive — Review — Renewal — Public examination.
(1) The Judicial Council shall designate one or more regularly maintained lists of persons residing in each county as the source lists for the master jury list. The master jury list shall be as inclusive of the adult population as is reasonably practicable.
(2) The Judicial Council shall by rule provide for the biannual review of the master jury list to evaluate the master jury list’s inclusiveness of the adult population.
(3) Not less than once every six months the Administrative Office of the Courts shall renew the master jury list by incorporating any additions, deletions, or amendments to the source lists. The Administrative Office of the Courts shall include any additional source lists designated by the Judicial Council upon the next renewal of the master jury list.
(4) The person having custody, possession, or control of any list used in compiling the master jury list shall make the list available to the Administrative Office of the Courts at all reasonable times without charge.
Utah Code 78B-1-106. Master jury list — Inclusive — Review — Renewal — Public examination.
(1) The Judicial Council shall designate one or more regularly maintained lists of persons residing in each county as the source lists for the master jury list. The master jury list shall be as inclusive of the adult population as is reasonably practicable.
(2) The Judicial Council shall by rule provide for the biannual review of the master jury list to evaluate the master jury list’s inclusiveness of the adult population.
(3) Not less than once every six months the Administrative Office of the Courts shall renew the master jury list by incorporating any additions, deletions, or amendments to the source lists. The Administrative Office of the Courts shall include any additional source lists designated by the Judicial Council upon the next renewal of the master jury list.
(4) The person having custody, possession, or control of any list used in compiling the master jury list shall make the list available to the Administrative Office of the Courts at all reasonable times without charge.
Utah Code 78B-1-107. Master prospective jury list — Juror qualification form — Content.
(1) When a jury trial is anticipated, the jury clerk shall obtain from the master jury list the number of prospective jurors necessary to qualify jurors to empanel a jury in that case.
(2) Prospective jurors shall be randomly selected from the county in which the trial will be held. A prospective juror shall remain on the prospective jury list until there is no longer a need to empanel a jury in that case.
(3) The Judicial Council shall by rule govern the process for the qualification of jurors and the selection of qualified jurors for voir dire.
(4) The process shall gather the following from a prospective juror:
(a) confirmation of the prospective juror’s name, address, email address, and daytime telephone number;
(b) information on whether the prospective juror is competent under statute to serve as a juror; and
(c) the prospective juror’s declaration that the responses to the requests for information are true to the best of the person’s knowledge.
Drawing of juror names from list
Utah Code 78B-1-103. Jurors selected from random cross section — Opportunity and obligation to serve.
(1) It is the policy of this state that:
(a) persons selected for jury service be selected at random from a fair cross section of the population of the county:
(b) all qualified citizens have the opportunity in accordance with this chapter to be considered for service; and
(c) all qualified citizens are obligated to serve when summoned, unless excused.
(2) A qualified citizen may not be excluded from jury service on account of race, color, religion, sex, national origin, age, occupation, disability, or economic status.
Procedure for Summoning Jurors
Utah Code 78B-1-103. Jurors selected from random cross section — Opportunity and obligation to serve.
(1) It is the policy of this state that:
(a) persons selected for jury service be selected at random from a fair cross section of the population of the county:
(b) all qualified citizens have the opportunity in accordance with this chapter to be considered for service; and
(c) all qualified citizens are obligated to serve when summoned, unless excused.
(2) A qualified citizen may not be excluded from jury service on account of race, color, religion, sex, national origin, age, occupation, disability, or economic status.
Prohibition of Discrimination Against Jurors
Utah Code 78B-1-103. Jurors selected from random cross section — Opportunity and obligation to serve.
(1) It is the policy of this state that:
(a) persons selected for jury service be selected at random from a fair cross section of the population of the county:
(b) all qualified citizens have the opportunity in accordance with this chapter to be considered for service; and
(c) all qualified citizens are obligated to serve when summoned, unless excused.
(2) A qualified citizen may not be excluded from jury service on account of race, color, religion, sex, national origin, age, occupation, disability, or economic status.
Qualifications
Utah Code 78B-1-105. Jurors — Competency to serve — Persons not competent to serve as jurors — Court to determine disqualification.
(1) A person is competent to serve as a juror if the person is:
(a) a citizen of the United States;
(b) 18 years of age or older;
(c) a resident of the county; and
(d) able to read, speak, and understand the English language.
(2) A person who has been convicted of a felony which has not been expunged is not competent to serve as a juror.
(3) The court, on its own initiative or when requested by a prospective juror, shall determine whether the prospective juror is disqualified from jury service. The court shall base its decision on:
(a) information provided on the juror qualification form;
(b) an interview with the prospective juror; or
(c) other competent evidence.
(4) The clerk shall enter the court’s determination in the records of the court.
Disqualifications
Utah Code 78B-1-105. Jurors — Competency to serve — Persons not competent to serve as jurors — Court to determine disqualification.
(1) A person is competent to serve as a juror if the person is:
(a) a citizen of the United States;
(b) 18 years of age or older;
(c) a resident of the county; and
(d) able to read, speak, and understand the English language.
(2) A person who has been convicted of a felony which has not been expunged is not competent to serve as a juror.
(3) The court, on its own initiative or when requested by a prospective juror, shall determine whether the prospective juror is disqualified from jury service. The court shall base its decision on:
(a) information provided on the juror qualification form;
(b) an interview with the prospective juror; or
(c) other competent evidence.
(4) The clerk shall enter the court’s determination in the records of the court.
Excusal or Exemptions
Utah Code 78B-1-108. Qualified prospective jurors not exempt from jury service.
No qualified prospective juror is exempt from jury service.
Limited Frequency of Jury Service
Utah Code 78B-1-110. Limitations on jury service.
(1) In any two-year period, a person may not:
(a) be required to serve on more than one grand jury;
(b) be required to serve as both a grand and trial juror;
(c) be required to attend court as a trial juror more than one court day, except if necessary to complete service in a particular case; or
(d) if summoned for jury service and the summons is complied with as directed, be selected for the prospective jury list more than once.
(2)
(a) Subsection (1)(d) does not apply to counties of the fourth, fifth, and sixth class and counties of the third class with populations up to 75,000.
(b)
(i) All population figures used for this section shall be derived from the most recent official census or census estimate of the United States Bureau of the Census.
(ii) If population estimates are not available from the United States Bureau of the Census, population figures shall be derived from the estimate of the Utah Population Committee.
Who handles excusals is prescribed?
"(3) The court, on its own initiative or when requested by a prospective juror, shall determine whether the prospective juror is disqualified from jury service. The court shall base its decision on:
(a) information provided on the juror qualification form;
(b) an interview with the prospective juror; or
(c) other competent evidence.
(4) The clerk shall enter the court’s determination in the records of the court." (Utah Code Ann. § 78B-1-105)
Deferral/Postponement of jury service allowed
Utah Code 78B-1-109. Excuse from jury service — Postponement.
(1) A court may excuse an individual from jury service:
(a) upon a showing:
(i) of undue hardship;
(ii) of public necessity;
(iii) that the individual is a mother who is breastfeeding a child; or
(iv) that the individual is incapable of jury service; and
(b) for any period for which the grounds described in Subsection (1)(a) exist.
(2) An individual described in Subsection (1) shall make the showing described in Subsection (1)(a) by affidavit, sworn testimony, or other competent evidence.
(3) The court may postpone jury service upon a showing of good cause.
Number of petit jurors for jury trial is prescribed?
Utah Code 78B-1-104. Jury composition.
(1) A trial jury consists of:
(a) 12 persons in a capital case;
(b) eight persons in a noncapital first degree felony aggravated murder or other criminal case which carries a term of incarceration of more than one year as a possible sentence for the most serious offense charged;
(c) six persons in a criminal case which carries a term of incarceration of more than six months but not more than one year as a possible sentence for the most serious offense charged;
(d) four persons in a criminal case which carries a term of incarceration of six months or less as a possible sentence for the most serious offense charged; and
(e) eight persons in a civil case at law except that the jury shall be four persons in a civil case for damages of less than $20,000, exclusive of costs, interest, and attorney fees.
(2) Except in the trial of a capital felony, the parties may stipulate upon the record to a jury of a lesser number than established by this section.
(3)
(a) The verdict in a criminal case shall be unanimous.
(b) The verdict in a civil case shall be by not less than three-fourths of the jurors.
(4) There is no jury in the trial of small claims cases.
(5) There is no jury in the adjudication of a minor charged with what would constitute a crime if committed by an adult.
Disclaimer
The information provided on this website does not, and is not intended to, constitute legal advice.
