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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Juries
Chapter : FORMATION OF JURIES
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21-301 Master jury list
A. Names of prospective jurors to serve on trial and grand juries shall be selected
at random from the master jury list of the county.
B. The jury commissioner of each county shall prepare and maintain a current master
jury list of eligible juror candidates. The list shall be comprised of the names and
addresses of eligible persons who reside in the county and shall include persons on the
voter registration list of the county, other persons eligible for jury service who have
been licensed pursuant to title 28, chapter 8, article 4 or 5 and persons from other
lists as determined by the supreme court. The master jury list shall be prepared so as to
avoid duplication of the names of eligible juror candidates.
C. Not later than January 1 following each biennial general election, the county
recorder shall provide the jury commissioner with a list containing the names and
addresses of all persons qualified to vote at the preceding general election. At least
once every six months thereafter the county recorder shall provide the jury commissioner
with the names and addresses of all additional persons who have registered as voters
since the date of the last list.
D. Upon written request by a county jury commissioner, the director of the
department of transportation shall furnish and periodically revise a list of the names
and addresses of all persons in such county who are at least eighteen years of age and
who have been licensed pursuant to title 28, chapter 8, article 4 or 5. No county jury
commissioner may disclose information furnished by the director of the department of
transportation pursuant to this section to any person, organization or agency for any use
other than the selection of jurors.
E. In any county in which the selection and drawing of jurors are performed by data
processing equipment, the names contained in the master jury list shall be maintained in
a uniform format.
21-311 Number of names to be drawn for jury service
A. Twice a year and at other times deemed necessary the presiding judge in each
county shall make an order directing the jury commissioner to draw from the master jury
list the number of names necessary, in the opinion of the presiding judge, 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. Those qualified jurors remaining
on the list at the end of the designated period shall be retained and carried over once
to the next succeeding list.
B. Within ten days after the order is made, the jury commissioner or the jury
commissioner's agent shall draw from the master jury list, pursuant to section 21-312 or
21-313, the number of names specified by the court.
C. If the presiding judge of the superior court in any county is at any time of the
opinion that additional jurors will be required, the presiding judge may order the jury
commissioner to draw additional names from the master jury list.
21-312 Drawing of names; master jury file
A. The jury commissioner or the jury commissioner's agent shall conduct the drawing
by randomly selecting names of prospective jurors from the master jury list. The jury
commissioner or the jury commissioner's agent shall publicly draw from the master jury
list the number of names designated in the order.
B. The names of prospective jurors drawn from the master jury list shall be
designated the master jury file.
21-313 Use of data processing equipment
In any county where data processing equipment is used the jury commissioner or the
jury commissioner's agent shall cause the device to be programmed to ensure the random
selection of names on the master jury list.
21-314 Juror questionnaire
A. The jury commissioner shall supply a questionnaire to each person whose name is
drawn from the master jury file to determine his qualifications to serve and whether he
has valid grounds to be excused from service.
B. Each person shall return the questionnaire fully answered to the jury
commissioner within ten days after it is received. The jury commissioner may destroy the
fully answered questionnaire ninety days after the commissioner receives it.
C. The jury commissioner may issue a questionnaire to each person to determine the
person's qualifications to serve as a juror in accordance with the provisions of this
section in the same mailing in which the jury commissioner summonses each person to
attend the court as a juror pursuant to section 21-331.
21-315 Excuse from service; investigation
A. If a person's answers to a questionnaire indicate that the person is unqualified
for jury service or, in the opinion of the judge or jury commissioner, state grounds
sufficient to be excused from jury service, the person's name shall not be included on
the qualified juror list and the person shall be notified that he is excused from jury
service.
B. The jury commissioner may investigate the accuracy of the answers to the
questionnaire and may call upon law enforcement agencies for assistance in the
investigation.
21-316 Requiring appearance to testify concerning qualifications
The presiding judge may require any person whose name is on the master jury file to
appear before the jury commissioner at a specified time for the purpose of testifying
under oath or affirmation concerning his qualifications to serve as a juror, in addition
to completing the questionnaire. Not less than seven days' notice shall be given, in the
manner prescribed by section 21-331, to any person required to appear.
21-317 Administering oath or affirmation
The jury commissioner may administer an oath or affirmation in relation to the
examination of any matter embraced in this chapter.
21-318 Review of commissioner's action
If the jury commissioner refuses to excuse from jury service any person who claims
that he is entitled to be excused or that he is not qualified for jury service, and such
person makes written application for review, the presiding judge shall decide whether he
should be excused.
21-321 Qualified juror list
The names of all persons drawn from the master jury file, who are qualified as
jurors and not exempt, shall be designated the qualified juror list.
21-322 Order for drawing array or panel; number drawn
A. Within a reasonable time before either a grand jury or trial jury panel is
required to be in attendance upon the court, the court shall order the jury commissioner
or the jury commissioner's agent to draw the names of qualified jurors and shall specify
the number of names to be drawn.
B. If the order is to form a grand jury the order shall specify the number of
jurors to constitute the grand jury. The grand jury shall consist of not less than twelve
nor more than sixteen persons, nine of whom shall constitute a quorum for all proceedings
before it and a minimum of four persons shall be drawn as alternate grand jurors. The
presiding judge of the superior court shall determine the number of alternate grand
jurors. The order shall also provide for summoning the number of prospective jurors as
the court deems necessary to insure the qualification of the number of grand jurors and
alternate grand jurors required by the order. If the order is to form a trial jury
panel, the number shall be as the court directs in its order.
C. The order shall state the time at which the qualified prospective grand or trial
jurors shall be in attendance. 21-323 Drawing names for grand jury or trial jury panel
A. In drawing names from the qualified juror list, the jury commissioner shall
follow the procedure prescribed in section 21-312.
B. In any county where the use of data processing equipment is authorized, the jury
commissioner shall follow the procedure prescribed in section 21-313.
21-324 General panel for all divisions in one county
In any county where there is more than one division of the superior court, trial
jury panels drawn shall constitute a pool to be used by all the superior court divisions
in the county. The jury commissioner shall draw by lot from the particular panel or pool
the names of individual jurors to be called for each trial in such manner as to insure
random selection.
21-325 Copies of list of juror names
The jury commissioner shall furnish any person who applies therefor, and pays the
fees allowed by law, a copy of the list of juror names drawn to attend upon the superior
court.
21-326 Panel selection process
The jury commissioner shall use a standard jury panel selection process that is
approved by the presiding judge of the superior court pursuant to this article and
section 21-331.
21-331 Jury summons
A. The court shall order the summoning of the persons to attend the court at the
time fixed in the order to form the jury, by giving personal notice to each of them, or
by leaving a written notice to that effect at his place of residence, with some person of
proper age and discretion, or by mailing such notice by first class mail, registered mail
or certified mail.
B. Any juror 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 attachment or fine as provided in section
21-334 unless he fails to appear in response to this second mailing.
C. If jurors are required by a justice court or municipal court, in addition to the
method of summoning jurors pursuant to subsection A of this section the jurors, on
written order of the justice of the peace or magistrate of the court, may be summoned by
the sheriff, constable, marshal, policeman or court of that jurisdiction from among the
residents of the city, town or precinct who are competent to serve as jurors. The
summons shall be served not less than three days before the time the juror is required to
appear unless a juror, after being notified of the three-day notice requirement, waives,
either orally or in writing, the three-day notice.
D. The officer shall notify each juror that he is being summoned and of the time
and place at which his attendance is required. The officer, at the time fixed in the
order for appearance of the jurors, shall return the order with a list of the summoned
jurors endorsed on the order.
E. On order of the presiding judge of the superior court in the county, the jury
commissioner of the county shall draw prospective jurors for the justice court and for
the municipal court if an intergovernmental agreement for drawing jury panels exists
between the county and the municipality, pursuant to sections 21-322 and 21-323.
21-334 Failure of juror to attend; fine
It is unlawful for a juror who is summoned and who fails to obtain a postponement or
who is not excused from jury service to wilfully and without reasonable excuse fail to
attend on the date scheduled for jury service. The juror may be attached as for a direct
contempt of court and may be compelled to attend on the date scheduled for jury service,
and a fine not exceeding five hundred dollars may be imposed by the court for
nonattendance upon the court. 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.
21-336.01 Jurors' term of service; exemption
A. A person's jury service obligation is fulfilled when the person does any of the
following:
1. Serves on one trial until being excused or discharged.
2. Appears at court but is not assigned to a trial division for selection of a jury
before the end of that day.
3. Is assigned on one day to one or more trial divisions for jury selection and
serves through the completion of jury selection or is excused.
4. Complies with a request to telephone a court or check a court's web site to
determine whether to report on a particular day, for four days within a thirty day
period.
5. Provides the court with a valid telephone number and stands ready to serve on
the same day, for a period of two days.
B. A presiding judge of a county superior court, in coordination with the jury
commissioner, may apply to the supreme court for an exemption for the county from this
section for a specified period of time, not to exceed one year. 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.
21-351 Data processing equipment authorized
Data processing equipment may be utilized wherever feasible in the performance of
the duties imposed by this chapter.
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