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| Home > Statutes > Usa Arizona |
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USA Statutes : arizona
Title : Juries
Chapter : JURORS
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21-201 Qualifications
Every juror, grand and trial, shall be at least eighteen years of age and meet the
following qualifications:
1. Be a citizen of the United States.
2. Be a resident of the jurisdiction in which he is summoned to serve.
3. Never have been convicted of a felony, unless the juror's civil rights have been
restored.
4. Is not currently adjudicated mentally incompetent or insane.
21-202 Persons entitled to be excused from jury service
A. It is the policy of this state that all qualified citizens have an obligation to
serve on juries when summoned by the courts of this state, unless excused.
B. On timely application to the court, the following persons shall be excused
temporarily from service as a juror if the judge or jury commissioner finds that any of
the following apply:
1. The prospective juror has a mental or physical condition that causes the juror
to be incapable of performing jury service. The juror or the juror's personal
representative shall provide to the court or jury commissioner a medical statement from a
physician who is licensed pursuant to title 32 that explains an existing mental or
physical condition that renders the person unfit for jury service. If a prospective juror
does not have a physician, the prospective juror or the juror's personal representative
shall provide a sworn statement from a professional caregiver for the prospective juror
that is deemed acceptable by the court or jury commissioner and that explains the mental
or physical condition that renders the prospective juror incapable of performing jury
service. For the purposes of this paragraph:
(a) The statement shall be in writing and shall contain a description and duration
of any mobility restrictions, the specific symptoms that make the prospective juror
mentally or physically unfit for jury service and their duration, the employment status
of the prospective juror and the printed name, signature, professional license number if
applicable, area of specialty and contact information of the authorizing physician or
professional caregiver.
(b) A form that complies with this paragraph shall be made available at
courthouses, the ARIZONA medical board web site and other appropriate locations that are
identified by the court or jury commissioner.
(c) These documents are not public records and shall not be disclosed to the
general public.
2. Jury service by the prospective juror would substantially and materially affect
the public interest or welfare in an adverse manner.
3. The prospective juror is not currently capable of understanding the English
language.
4. Jury service would cause undue or extreme physical or financial hardship to the
prospective juror or a person under the prospective juror's care or supervision. For the
purposes of this paragraph:
(a) A judge or jury commissioner of the court for which the person was called to
jury service shall determine whether jury service would cause the prospective juror undue
or extreme physical or financial hardship.
(b) A person who requests to be excused under this paragraph shall take all actions
necessary to obtain a ruling on the request before the date on which the person is
scheduled to appear for jury duty.
(c) Undue or extreme physical or financial hardship is limited to the following
circumstances in which a person:
(i) Would be required to abandon a person under the potential juror's care or
supervision due to the impossibility of obtaining an appropriate substitute caregiver
during the period of participation in the jury pool or on the jury.
(ii) Would incur costs that would have a substantial adverse impact on the payment
of the person's necessary daily living expenses or on those for whom the potential juror
provides regular employment or the principal means of support.
(iii) Would suffer physical hardship that would result in illness or disease.
(d) Undue or extreme physical or financial hardship does not exist solely based on
the fact that a prospective juror will be required to be absent from the prospective
juror's place of employment.
(e) A person who requests to be excused under this paragraph shall provide the
judge or jury commissioner with documentation that supports the request to be excused,
such as federal and state income tax returns, payroll records, medical statements from
physicians licensed pursuant to title 32, proof of dependency or guardianship or other
similar documents. The judge or jury commissioner may excuse a person if the
documentation clearly supports the request to be excused. These documents are not public
records and shall not be disclosed to the general public.
5. The prospective juror is a peace officer who is certified by the ARIZONA peace
officer standards and training board and who is employed as a peace officer by this state
or any political subdivision of this state. The employer of a peace officer shall not in
any way influence the peace officer to make or not to make an application to the court,
pursuant to this section, to be excused from jury service.
6. A judge or jury commissioner of the court for which the person was called to
jury service excuses the prospective juror for good cause based on a showing of undue or
extreme hardship under the circumstances, including being temporarily absent from the
jurisdiction or a lack of transportation.
C. Notwithstanding subsection B, a prospective juror who is at least seventy-five
years of age may submit a written statement to the court requesting that the person be
excused from service. The prospective juror may request to be excused temporarily or
permanently. On receipt of the request, the judge or jury commissioner shall excuse the
prospective juror from service.
D. A person who is excused temporarily pursuant to this section becomes eligible
for qualification as a juror when the temporary excuse expires unless the person is
permanently excused from jury service.
E. A person may be permanently excused only if the deciding judge or jury
commissioner determines that the underlying grounds for being excused are permanent in
nature or the person is permanently excused under subsection C. 21-211 Disqualification
The following persons shall be disqualified to serve as jurors in any particular
action:
1. Witnesses in the action.
2. Persons interested directly or indirectly in the matter under investigation.
3. Persons related by consanguinity or affinity within the fourth degree to either
of the parties to the action or proceedings.
4. Persons biased or prejudiced in favor of or against either of the parties.
21-221 Fees and mileage
A. Each juror shall be paid by the county:
1. For each day's attendance upon the superior court or justice court, twelve
dollars.
2. For each mile necessarily traveled from his residence to the court and back to
his residence, an amount equal to the amount paid to state officers and employees
pursuant to section 38-623, subsection A. Reimbursement shall be at the computed mileage
rate regardless of whether the travel is accomplished by private, rented or chartered
motor vehicle. When a juror necessarily returns to his residence and travels back to
court during the period of service because of a recess ordered by the court, he shall be
paid on the same basis for such travel.
B. Attendance on the court shall include the first day a juror is required to
attend and shall continue each day of actual attendance on the court thereafter, until
the juror is either temporarily or permanently excused from jury service. Any juror who
is excused from further attendance upon the first day of this appearance in obedience to
a summons shall receive a mileage allowance only.
21-222 ARIZONA lengthy trial fund
(Rpld. 7/1/14)
A. The ARIZONA lengthy trial fund is established consisting of monies received from
the additional fees paid on all filings, appearances, responses and answers pursuant to
section 12-115. The monies in the fund shall not be used for any purpose other than as
prescribed in this section.
B. The supreme court shall administer the fund and shall adopt rules for the
administration of the fund. Not more than three per cent of the monies in the fund shall
be used for the reasonable and necessary costs of administering the fund. On or before
the fifteenth day of each month, on receipt of a request for reimbursement the supreme
court shall transmit monies from the fund to a jury commissioner for monies paid to a
juror under this section, together with a fee of not less than the amount prescribed in
section 12-284, subsection A, class E for each application for payment of replacement or
supplemental earnings by a juror.
C. Beginning on July 1, 2004 and subject to the availability of monies, for jury
trials that commence on or after July 1, 2004, monies in the fund shall be used to pay
full or partial earnings replacement or supplementation to jurors who serve as petit
jurors for more than ten days and who receive less than full compensation. The amount of
replacement or supplemental earnings shall be at least forty dollars but not more than
three hundred dollars per day per juror beginning on the eleventh day of jury service and
at least forty dollars but not more than one hundred dollars per day from the fourth day
through the tenth day of jury service.
D. Beginning on July 1, 2004, a juror whose jury service lasts more than ten days
may submit a request for payment from the fund. The amount a juror receives from the fund
is limited to the difference between the state paid jury fee and the actual amount of
earnings a juror earns, not less than forty dollars, up to the maximum level payable
under subsection C of this section, minus any amount the juror actually received from the
juror's employer during the same time period. A juror who requests payment from the fund:
1. Shall disclose on the form the juror's regular earnings, the amount the juror's
employer will pay during the term of jury service starting on the eleventh day and
thereafter, the amount of replacement or supplemental earnings being requested and any
other information that the jury commissioner deems necessary.
2. Before receiving payment from the fund, shall submit verification from the
juror's employer, if any, regarding the earnings information that is provided under
paragraph 1. This verification may include the employee's most recent earnings statement
or a similar document.
3. In order to verify the weekly income if the juror is self-employed or receives
compensation other than wages, shall provide a sworn affidavit attesting to the juror's
approximate gross weekly income, together with any other information that the supreme
court requires.
E. Jurors who are unemployed and are not eligible for payment pursuant to
subsections C and D of this section are eligible to be paid forty dollars per day, even
if they receive income in the form of spousal maintenance, pensions, retirement,
unemployment compensation, disability benefits or other similar income. Commissioners
shall not deduct these other forms of income in calculating the amount these jurors are
to be paid from the fund.
F. The supreme court shall annually report to the joint legislative budget
committee on the amount of monies collected and disbursed from the fund and the number of
jurors who received monies from the fund.
21-233 Misconduct of challenged grand juror; classification
A grand juror who, with knowledge that a challenge interposed against him by a
defendant has been allowed, is present at, or who takes part in the consideration of the
charge against the defendant who interposed the challenge, or the deliberations of the
grand jury thereon, is guilty of a class 2 misdemeanor.
21-235 Recording, listening to, observing proceedings unlawful; classification
A. A person who knowingly, by any means whatsoever, records all or part of the
proceedings of any grand jury while it is in session or listens to or observes the
proceedings of any grand jury of which he is not a member while such jury is in session
is guilty of a class 2 misdemeanor.
B. This section does not prohibit:
1. The prescribed activities of the court, the prosecuting officer, a court
reporter designated by the court, or an interpreter designated by the court.
2. The taking of notes by a grand juror in connection with and solely for the
purpose of assisting him in the performance of his duties as such juror.
3. The appearance, for the purposes of giving the testimony, of a witness.
4. The appearance, for the purpose of presenting evidence when permitted pursuant
to section 21-412, of a person being investigated and his counsel.
21-236 Employment rights; automatic postponement; violation; classification
A. An employer shall not require or request an employee to use annual, vacation or
sick leave for time spent responding to a summons for jury duty, participating in the
jury selection process or actually serving on a jury. This subsection does not require
an employer to provide annual, vacation or sick leave to employees who are otherwise not
entitled to such benefits under company policies.
B. An employer shall not refuse to permit an employee to serve as a juror. No
employer may dismiss or in any way penalize any employee because the employee serves as a
grand or trial juror. An employer is not required to compensate an employee when the
employee is absent from employment because of jury service.
C. An employee shall not lose seniority or precedence while absent from employment
due to serving as a member of a grand or trial jury. Upon return to employment the
employee shall be returned to the employee's previous position, or to a higher position
commensurate with the employee's ability and experience as seniority or precedence would
ordinarily entitle the employee.
D. A court shall postpone and reschedule the service of a summoned juror of an
employer with five or fewer full-time employees, or their equivalent, if during the same
period another employee of that employer is serving as a juror. A postponement pursuant
to this subsection does not affect a person's right to one automatic postponement under
section 21-336.
E. A person who violates any provision of this section is guilty of a class 3
misdemeanor.
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