CHAPTER 5. CIRCUIT AND SUPERIOR COURT JURY SELECTION AND SERVICE
IC 33-28-5
Chapter 5. Circuit and Superior Court Jury Selection and Service
IC 33-28-5-1
"Courts" defined
Sec. 1. As used in this chapter, "courts" means courts that conductjury trials.
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.2.
IC 33-28-5-2
"Juror qualification form" defined
Sec. 2. As used in this chapter, "juror qualification form" meansthe form prescribed for use by the courts and delivered to eachprospective juror.
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.3.
IC 33-28-5-3
"Jury administrator" defined
Sec. 3. As used in this chapter, "jury administrator" means thecourt administrator, the county clerk, or other clerical personnelappointed by a supervising judge to administer the jury assemblyprocess.
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.4.
IC 33-28-5-3.5
"Jury pool" defined
Sec. 3.5. As used in this chapter, "jury pool" means the names oridentifying numbers of prospective jurors drawn at random from themaster list.
As added by P.L.118-2007, SEC.5.
IC 33-28-5-4
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-28-5-5
"Master list" defined
Sec. 5. As used in this chapter, "master list" means a form ofrecord that contains the current lists approved by the supreme courtthat may be used to select prospective jurors.
As added by P.L.98-2004, SEC.7. Amended by P.L.80-2006, SEC.6;P.L.118-2007, SEC.6.
IC 33-28-5-6
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-28-5-7
"Supervising judge" defined
Sec. 7. As used in this chapter, "supervising judge" means a judge
of the courts designated to supervise the jury assembly process.
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.7.
IC 33-28-5-8
Repealed
(Repealed by P.L.80-2006, SEC.17.)
IC 33-28-5-9
Uniform system of jury selection
Sec. 9. The jury assembly process must provide a uniform systemof jury selection for the courts ensuring that:
(1) persons selected for jury service are selected at random froma fair cross-section of the population of the area served by thecourts; and
(2) qualified citizens have the opportunity under this chapter to:
(A) be considered for jury service in the county; and
(B) fulfill their obligation to serve as jurors when summonedfor that purpose.
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.8.
IC 33-28-5-10
Computerized jury selection system
Sec. 10. (a) The supervising judge may authorize use of acomputerized jury selection system under this chapter.
(b) A system authorized under subsection (a) must provide for theimpartial and random selection of prospective jurors.
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007, SEC.9.
IC 33-28-5-11
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-28-5-12
Plan for selection of grand and petit jurors
Sec. 12. (a) Under the supervision of the supervising judge, thejury administrator shall prepare a written plan for the selection ofgrand and petit jurors in the county. The plan must be designed toachieve the objectives of this chapter. The plan must specify thefollowing:
(1) Source of names for the master list.
(2) Form of the master list.
(3) Method of selecting names from the master list.
(4) Methods for maintaining records of names drawn, jurorsqualified, and jurors' deferrals and reasons to be deferred,including specifying any necessary forms.
(5) Method of drawing names of qualified jurors for prospectiveservice.
(6) Procedures to be followed by prospective jurors inrequesting to be deferred from jury service.
(7) Number of petit jurors that constitutes a panel for civil and
criminal cases or a description of the uniform manner in whichthis determination is made.
(8) That upon receipt of an order for a grand jury, the juryadministrator shall publicly, and in accordance with section 20of this chapter, draw at random from the jury pool twelve (12)qualified jurors and direct them to appear before the supervisingjudge. The supervising judge shall randomly select six (6)jurors after:
(A) explaining to the twelve (12) prospective jurors theduties and responsibilities of a grand jury; and
(B) deferring jurors under section 18 of this chapter.
(b) The plan must be submitted by the jury administrator to thejudges of the courts. The judges of the courts shall approve or directmodification of the plan not later than sixty (60) days after itsreceipt. If the plan is found not to comply, the court shall order thejury administrator to make the necessary changes to bring the planinto compliance. The approved plan must go into effect not later thansixty (60) days after the plan is approved by the judges of the courts.
(c) The plan may be modified at any time according to theprocedure specified under this chapter.
(d) The plan is a public document on file in the office of the juryadministrator and must be available for inspection at all reasonabletimes.
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,SEC.10.
IC 33-28-5-13
Master lists of prospective jurors
Sec. 13. (a) The jury administrator shall compile and maintain amaster list consisting of lists approved by the supreme court that maybe used to select prospective jurors. In compiling the master list, thejury administrator shall make a reasonable effort to avoid duplicationof names.
(b) A person who has custody, possession, or control of any of thelists making up or used in compiling the master list shall furnish themaster list to the jury administrator for inspection, reproduction, andcopying at all reasonable times.
(c) When a copy of a list maintained by a public official isfurnished, only the actual cost of the copy may be charged to thecourts.
(d) The master list of names is open to the public for examinationas a public record. However, all other information other than thenames contained in the master list is confidential.
As added by P.L.98-2004, SEC.7. Amended by P.L.80-2006, SEC.7;P.L.118-2007, SEC.11.
IC 33-28-5-14
Drawing of names; time; filing
Sec. 14. (a) Names must be drawn for the jury pool at least one (1)time each year based on a calendar year commencing in January.
Drawing of names for the first jury pool for a calendar year must beheld during the last quarter of the calendar year preceding thecalendar year for which names are being drawn, at a time and placeprescribed by the jury administrator.
(b) The number of names required to be drawn from the jury poolfor jury service must be determined by the jury administrator afterconsultation with all judges of the courts who may conduct jurytrials, taking into consideration the number of jurors required for thegrand jury.
(c) The frequency of the drawing of names to be summoned forjury service may be increased by the jury administrator if the juryadministrator determines it necessary for purposes of fairness,efficiency, or to ensure compliance with this chapter.
(d) Names to be summoned for jury service must be drawnrandomly under section 20 of this chapter.
(e) Except by order of the supervising judge, names drawn fromthe jury pool to be summoned for jury service may not be returned tothe jury pool until all nonexempt persons in the jury pool have beencalled.
(f) This section shall be construed liberally, to the effect that:
(1) an indictment may not be quashed; and
(2) a trial, a judgment, an order, or a proceeding may not bereversed or held invalid;
on the ground that the terms of this section have not been followed,unless it appears that the noncompliance was either in bad faith orwas objected to promptly upon discovery and was probably harmfulto the substantial rights of the objecting party.
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,SEC.12.
IC 33-28-5-15
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-28-5-16
Juror qualification form; mailing; contents
Sec. 16. (a) Not later than seven (7) days after the date of thedrawing of names of persons to be notified of jury service from thejury pool, the jury administrator shall provide a juror qualificationform to each person who is notified to appear for jury service. Thequalification form must be accompanied by instructions to fill outand return the qualification form to the jury administrator within aspecified period. The instructions must advise prospective jurors ofthe procedure for requesting a deferral from jury service.
(b) The juror qualification form must elicit whether theprospective juror:
(1) is a citizen of the United States;
(2) is at least eighteen (18) years of age;
(3) is a resident of the summoning county;
(4) is able to read, speak, and understand the English language; (5) is not suffering from any physical or mental disability thatprevents the person from rendering satisfactory jury service;
(6) is not under a guardianship because of mental incapacity;
(7) has not had the right to vote revoked by reason of a felonyconviction, unless the right to vote has been restored; or
(8) is a law enforcement officer.
The juror qualification form must contain the prospective juror'sdeclaration, under oath or affirmation, that the responses are true tothe best of the prospective juror's knowledge. Notarization of thejuror qualification form is not required.
(c) If a prospective juror is unable to fill out the form, anotherperson may fill out the form for the prospective juror. If the form iscompleted by a person other than a prospective juror, the form mustindicate that another person has done so and the reason for doing so.
(d) If it appears there is an omission, ambiguity, or error in areturned form, the jury administrator shall resend the form,instructing the prospective juror to make the necessary addition,clarification, or correction and to return the form to the juryadministrator within a specified period.
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,SEC.13.
IC 33-28-5-17
Failure to appear; misrepresentation
Sec. 17. (a) If a prospective juror fails to appear under thesupervising judge's order or fails to show good cause for the failureto appear as directed by the jury administrator, the prospective juroris subject to criminal contempt.
(b) A person who knowingly misrepresents a material fact on ajuror qualification form for the purpose of avoiding or securingservice as a juror commits a Class C misdemeanor.
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,SEC.14.
IC 33-28-5-18
Disqualification or excuse from jury service
Sec. 18. (a) The supervising judge or the jury administrator shalldetermine whether a prospective juror is qualified to serve or, ifdisabled but otherwise qualified, whether the prospective juror couldserve with reasonable accommodation. A person who is not eligiblefor jury service may not serve. The facts supporting jurordisqualification or exemption must be recorded under oath oraffirmation. A disqualification or exemption is not authorized unlesssupported by the facts. The jury administrator shall make a record ofall disqualifications.
(b) A prospective juror is disqualified to serve on a jury if any ofthe following conditions exist:
(1) The person is not a citizen of the United States, at leasteighteen (18) years of age, and a resident of the county.
(2) The person is unable to read, speak, and understand the
English language with a degree of proficiency sufficient to fillout satisfactorily a juror qualification form.
(3) The person is incapable of rendering satisfactory juryservice due to physical or mental disability. However, a personclaiming this disqualification may be required to submit aphysician's or authorized Christian Science practitioner'scertificate confirming the disability, and the certifyingphysician or practitioner is then subject to inquiry by the courtat the court's discretion.
(4) A guardian has been appointed for the person under IC 29-3because the person has a mental incapacity.
(5) The person has had the right to vote revoked by reason of afelony conviction and the right has not been restored.
(c) A person scheduled to appear for jury service has the right todefer the date of the person's initial appearance for jury service one(1) time upon a showing of hardship, extreme inconvenience, ornecessity. The court shall grant a prospective juror's request fordeferral if the following conditions are met:
(1) The prospective juror has not previously been granted adeferral.
(2) The prospective juror requests a deferral by contacting thejury administrator:
(A) by telephone;
(B) by electronic mail;
(C) in writing; or
(D) in person.
(3) The prospective juror selects another date on which theprospective juror will appear for jury service that is:
(A) not more than one (1) year after the date upon which theprospective juror was originally scheduled to appear; and
(B) a date when the court will be in session.
(4) The court determines that the prospective juror hasdemonstrated that a deferral is necessary due to:
(A) hardship;
(B) extreme inconvenience; or
(C) necessity.
(d) A prospective juror who is at least seventy-five (75) years ofage may be exempted from jury service if the prospective jurornotifies the jury administrator that the prospective juror is at leastseventy-five (75) years of age and wishes to be exempted from juryservice.
(e) A person may not serve as a petit juror in any county if theperson served as a petit juror in the same county within the previousthree hundred sixty-five (365) days in a case that resulted in averdict. The fact that a person's selection as a juror would violate thissubsection is sufficient cause for challenge.
(f) A grand jury, a petit jury, or an individual juror drawn forservice in one (1) court may serve in another court of the county, inaccordance with orders entered on the record in each of the courts.
(g) The same petit jurors may be used in civil cases and in
criminal cases.
(h) A person may not be excluded from jury service on account ofrace, color, religion, sex, national origin, or economic status.
As added by P.L.98-2004, SEC.7. Amended by P.L.4-2006, SEC.4;P.L.118-2007, SEC.15; P.L.157-2009, SEC.1.
IC 33-28-5-19
Repealed
(Repealed by P.L.118-2007, SEC.38.)
IC 33-28-5-20
Drawing of names to establish jury panels
Sec. 20. The jury administrator shall randomly draw names fromthe jury pool as needed to establish jury panels for jury selection.Prospective jurors may not be drawn from bystanders or from anysource other than the jury pool.
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,SEC.16.
IC 33-28-5-21
Motion to stay proceedings or dismiss indictment for failure tocomply with chapter
Sec. 21. (a) Not later than seven (7) days after a moving partydiscovers or by the exercise of diligence could have discoveredgrounds, but before a petit jury is sworn to try a case, a party may:
(1) in a civil case move to stay the proceedings; and
(2) in a criminal case move:
(A) to dismiss the indictment (if the case has been broughtby indictment);
(B) to stay the proceedings; or
(C) for other appropriate relief;
on the ground of substantial failure to comply with this chapter inselecting the prospective grand or petit jurors.
(b) Upon a motion filed under subsection (a) containing a swornstatement of facts that, if true, would constitute a substantial failureto comply with this chapter, the moving party may present evidencein support of the motion.
(c) If the court determines that in selecting either a grand jury ora petit jury there has been a substantial failure to comply with thischapter, the court:
(1) shall stay the proceedings pending the selection of the juryin conformity with this chapter; and
(2) may dismiss an indictment (if the case was brought byindictment) or grant other appropriate relief.
(d) The procedures required by this section are the exclusivemeans by which the state, a person accused of an offense, or a partyin a civil case may challenge a jury on the ground that the jury wasnot selected in conformity with this chapter.
(e) The parties to the case may inspect, reproduce, and copy therecords or papers of the jury administrator at all reasonable times
during the preparation and pendency of a motion under subsection(a).
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,SEC.17.
IC 33-28-5-22
Preservation of records; public inspection
Sec. 22. After the period of service for which names were drawnfrom the master jury list has expired, and all persons selected toserve as jurors have been discharged, all records and papers compiledand maintained by the jury administrator or the clerk must bepreserved by the clerk of the courts for the period prescribed by ruleof the supreme court. The records and papers must be available forpublic inspection at all reasonable times and in accordance with thischapter and applicable supreme court rules.
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,SEC.18.
IC 33-28-5-23
Completion of jury service
Sec. 23. (a) A person who appears for service as a petit or grandjuror serves until the conclusion of the first trial in which the juroris sworn, regardless of the length of the trial or the manner in whichthe trial is disposed. A person who appears for service but is notselected and sworn as a juror completes the person's service whenjury selection is complete.
(b) Except by order of the supervising judge, a person who:
(1) serves as a juror under this chapter; or
(2) serves until jury selection is complete but is not chosen toserve as a juror;
may not be selected for another jury panel until all nonexemptpersons in the jury pool have been called for jury duty.
As added by P.L.98-2004, SEC.7. Amended by P.L.80-2006, SEC.8;P.L.118-2007, SEC.19.
IC 33-28-5-24
Failure to comply with summons; criminal contempt
Sec. 24. A person summoned for jury service who fails to appearor complete jury service as directed is subject to criminal contempt.
As added by P.L.98-2004, SEC.7. Amended by P.L.118-2007,SEC.20.
IC 33-28-5-24.3
Adverse employment action as the result of jury service; smallemployer exception
Sec. 24.3. (a) If a person:
(1) is summoned to serve as a juror; and
(2) notifies the person's employer of the jury summons withina reasonable period:
(A) after receiving the jury summons; and (B) before the person appears for jury service;
the person's employer may not subject the person to any adverseemployment action as the result of the person's jury service.
(b) An employee may not be required or requested to use annualleave, vacation leave, or sick leave for time spent:
(1) responding to a summons for jury service;
(2) participating in the jury selection process; or
(3) serving on a jury.
This subsection does not require an employer to provide annualleave, vacation leave, or sick leave to an employee who is nototherwise entitled to these benefits.
(c) If:
(1) a prospective juror works for an employer with not morethan ten (10) full-time employees (or their equivalent);
(2) another employee of the employer described in subdivision(1) is performing jury service; and
(3) the prospective juror or the person performing jury servicenotifies the court that they both work for the same employer;
the court shall reschedule the prospective juror's jury service for adate that does not overlap with the jury service of the otheremployee.
As added by P.L.4-2006, SEC.5. Amended by P.L.118-2007, SEC.21.
IC 33-28-5-25
Adoption of rules
Sec. 25. The supreme court may adopt rules, not inconsistent withthis chapter, regulating the selection and service of jurors.
As added by P.L.98-2004, SEC.7.