§612-17  Trial jury.  (a)  This section
shall be applicable to the drawing of a trial jury and service thereon.



(b)  Whenever a judge requires the services of
a trial jury for use in proceedings before the judge or any other judge of the
circuit, the judge may order the required number of jurors from the clerk.  The
clerk shall randomly select the names of prospective jurors from the certified
list and shall compile and submit to the judge the selected names in
alphabetical sequence, along with such other information as the judge may
require.



(c)  For the impaneling of a trial jury, the
persons on the list of randomly selected prospective trial jurors ordered by a
judge shall be summoned to attend and serve.  The names of those summoned and
present, and not disqualified, excused or exempted, shall be placed in an
appropriate container, from which there shall be drawn a sufficient number of
names to constitute a trial jury.  The drawing shall be by lot in open court
under the supervision of the judge.  If a jury cannot be chosen for the trial
of a case from the names placed in the container before the drawing commenced,
additional names may be placed in the container.  For this purpose, additional
names may be ordered and randomly selected from the certified list of
prospective trial jurors, and the additional prospective jurors summoned.  The
judge may summon jurors from among bystanders on consent of all parties.  All
names initially ordered by the judge need not be exhausted before other names
may be used in the drawing, and the names of additional prospective jurors
summoned and present may be added to the container during the drawing.



(d)  Prospective jurors in attendance, but not
actually serving in a trial before the judge, shall be subject to such orders
relative to further jury service as the judge deems appropriate, including
service before other judges in the circuit.



(e)  Each juror ordered by a judge shall serve
for a period of one day, commencing from the first day the juror is required to
appear for service; provided that any juror may be required to serve beyond the
one-day period for the trial of any case in which the selection of the jury
commenced within that period.  Upon completion of service by all jurors ordered
by the judge to serve, the jurors shall be returned to the clerk, who shall not
transmit the jurors again to any judge until all other jurors have been
exhausted and other jurors which served at a more remote time have been first
transmitted for service.



(f)  A judge may, having regard to the
equitable distribution of jury service, excuse any juror after actual service
in a trial. [L 1973, c 191, pt of §1; am L 1975, c 48, §2; gen ch 1985; am L
1987, c 366, §10; am L 1993, c 159, §§2, 3; am L 2002, c 92, §5; am L 2007, c
122, §12]



 



Case Notes



 



  Not subject of review court discharging jury after seventeen
hours of deliberation; when in opinion of court a case previously tried was so
nearly parallel to case for trial that jurors who sat upon former case could
not be free from bias it was proper to exclude them in a body, without separate
examination.  7 H. 352.  Excusing of jurors in absence of statutory provision
to the contrary lies in discretion of trial judge.  9 H. 288.  Temporary attack
of sickness is not necessarily a reason for discharging him.  12 H. 159.  Order
excusing juror from further duty within discretion of court.  13 H. 332.  Court
declaring mistrial not reviewable except on clear showing of abuse of
discretion.  24 H. 757.



  Trial court's redaction of home street addresses and home and
work telephone numbers on juror qualification forms did not violate this
section and there was no substantial failure to comply with subsection (c).  85
H. 258, 942 P.2d 522.



  Word "shall" in subsection (c) is
"directory" rather than "mandatory".  85 H. 258, 942 P.2d
522.