22-5-308. Impaneling juries Additional jurors. [Effective in Certain Counties. See the Compilers Notes.]
(a) (1) At such regular or special terms of the court having criminal jurisdiction, the judge thereof shall in open court compare the list contained in the report made to the judge by the jury commissioners with the original tickets or cards contained in the sealed envelopes. If they correspond they shall constitute the venire for the term, and the report shall be spread on record in the caption of the first day's minutes of the term. From this venire the grand and petit jurors shall be made up as now provided by law.
(2) In the event by reason of the disqualification of proposed jurors, or other cause, the required number of jurors cannot be obtained from the venire, the clerk of the court shall produce in open court the jury box, and the box shall be opened by the court and there shall be drawn therefrom, as directed by the court, the number of names deemed by the judge sufficient to complete the juries. This process shall, if necessary, continue until the grand and petit juries are completed; but the judge of the court instead of following the last mentioned procedure may, if the judge shall deem proper, furnish a sufficient number of names of persons to be summoned to the sheriff, or the judge may, if the judge thinks proper, direct the sheriff to summon a sufficient number to complete the juries.
(b) In case the judge of the court under any of the provisions of this part shall require the jury box to be unlocked, the judge shall cause it to be relocked by the clerk and sealed, and the judge shall write the judge's own name across the seal and the box shall be returned by the clerk to its place of keeping.
(c) (1) Whenever the presiding judge of the circuit or criminal court is satisfied that in any case a jury cannot be obtained from the regular panel for the trial of any case, the judge may, before the case is assigned for hearing, cause the jury box to be opened by the clerk or the chair of the board in the judge's presence in the clerk's office, and such number of names as the judge deems sufficient to obtain such jury may be drawn therefrom who are in reasonable distance to be summoned, but names drawn known to be disqualified will not be listed, and the sheriff shall forthwith summon the persons whose names are so drawn, the list to be given the sheriff by the clerk.
(2) From the panel so drawn and summoned and the regular panel in attendance, the panel desired shall be made up, if practicable. If not, another panel may likewise be drawn instanter, and so on until the jury is completed or the jury box exhausted; provided, that if after the regular venire summoned for the term shall have become exhausted it becomes necessary at any time to have additional jurors to those present or additional panel from which to select a jury to try any particular case or cases pending, the presiding judge may in the judge's discretion select from citizens of the county or direct the sheriff to summon persons of the judge's selection whose names were not selected from the jury box as herein prescribed and make up the jury therefrom to try the case or cases without drawing names from the jury box.
(3) Neither the judge nor the sheriff shall place on such list the name of any person who seeks either directly or indirectly, personally or through another, to be summoned as a juror, and such solicitations shall operate to disqualify such person for jury service.
(4) Service on a jury under this section shall not disqualify or excuse any person from service on the regular juries if the person's name is regularly drawn from the jury box thereof.
(5) In the event the names of jurors are drawn from the jury box under this section for services in any particular cases to be tried, the clerk shall make a list of such names, but the tickets or cards shall then be put back into the jury box.
(d) The court shall not have the right to excuse any person summoned as a regular juror who is qualified for service except it be made to appear by the person by affidavit in writing or it otherwise satisfactorily appears to the court that the state of the person's own health or that of the person's family requires the person's absence from court, or that some pressing or urgent business engagement, the neglect of which would cause irreparable loss, requires the person's absence from court or the public service will be materially injured by the person's attendance, and such details shall be given as will clearly show the reason therefor to the satisfaction of the court.
(e) Nothing in this chapter shall be construed as prohibiting the presiding judge from discharging a juror, either grand or petit, for good cause appearing.
22-5-308. Impaneling juries Additional jurors. [Effective in Certain Counties. See the Compilers Notes.]
(a) (1) At such regular or special terms of the court having criminal jurisdiction, the judge thereof shall in open court compare the list contained in the report made to the judge by the jury commissioners with the original tickets or cards contained in the sealed envelopes. If they correspond they shall constitute the venire for the term, and the report shall be spread on record in the caption of the first day's minutes of the term. From this venire the grand and petit jurors shall be made up as now provided by law.
(2) In the event by reason of the disqualification of proposed jurors, or other cause, the required number of jurors cannot be obtained from the venire, the clerk of the court shall produce in open court the jury box, and the box shall be opened by the court and there shall be drawn therefrom, as directed by the court, the number of names deemed by the judge sufficient to complete the juries. This process shall, if necessary, continue until the grand and petit juries are completed; but the judge of the court instead of following the last mentioned procedure may, if the judge shall deem proper, furnish a sufficient number of names of persons to be summoned to the sheriff, or the judge may, if the judge thinks proper, direct the sheriff to summon a sufficient number to complete the juries.
(b) In case the judge of the court under any of the provisions of this part shall require the jury box to be unlocked, the judge shall cause it to be relocked by the clerk and sealed, and the judge shall write the judge's own name across the seal and the box shall be returned by the clerk to its place of keeping.
(c) (1) Whenever the presiding judge of the circuit or criminal court is satisfied that in any case a jury cannot be obtained from the regular panel for the trial of any case, the judge may, before the case is assigned for hearing, cause the jury box to be opened by the clerk or the chair of the board in the judge's presence in the clerk's office, and such number of names as the judge deems sufficient to obtain such jury may be drawn therefrom who are in reasonable distance to be summoned, but names drawn known to be disqualified will not be listed, and the sheriff shall forthwith summon the persons whose names are so drawn, the list to be given the sheriff by the clerk.
(2) From the panel so drawn and summoned and the regular panel in attendance, the panel desired shall be made up, if practicable. If not, another panel may likewise be drawn instanter, and so on until the jury is completed or the jury box exhausted; provided, that if after the regular venire summoned for the term shall have become exhausted it becomes necessary at any time to have additional jurors to those present or additional panel from which to select a jury to try any particular case or cases pending, the presiding judge may in the judge's discretion select from citizens of the county or direct the sheriff to summon persons of the judge's selection whose names were not selected from the jury box as herein prescribed and make up the jury therefrom to try the case or cases without drawing names from the jury box.
(3) Neither the judge nor the sheriff shall place on such list the name of any person who seeks either directly or indirectly, personally or through another, to be summoned as a juror, and such solicitations shall operate to disqualify such person for jury service.
(4) Service on a jury under this section shall not disqualify or excuse any person from service on the regular juries if the person's name is regularly drawn from the jury box thereof.
(5) In the event the names of jurors are drawn from the jury box under this section for services in any particular cases to be tried, the clerk shall make a list of such names, but the tickets or cards shall then be put back into the jury box.
(d) The court shall not have the right to excuse any person summoned as a regular juror who is qualified for service except it be made to appear by the person by affidavit in writing or it otherwise satisfactorily appears to the court that the state of the person's own health or that of the person's family requires the person's absence from court, or that some pressing or urgent business engagement, the neglect of which would cause irreparable loss, requires the person's absence from court or the public service will be materially injured by the person's attendance, and such details shall be given as will clearly show the reason therefor to the satisfaction of the court.
(e) Nothing in this chapter shall be construed as prohibiting the presiding judge from discharging a juror, either grand or petit, for good cause appearing.
22-5-308. Impaneling juries Additional jurors. [Effective in Certain Counties. See the Compilers Notes.]
(a) (1) At such regular or special terms of the court having criminal jurisdiction, the judge thereof shall in open court compare the list contained in the report made to the judge by the jury commissioners with the original tickets or cards contained in the sealed envelopes. If they correspond they shall constitute the venire for the term, and the report shall be spread on record in the caption of the first day's minutes of the term. From this venire the grand and petit jurors shall be made up as now provided by law.
(2) In the event by reason of the disqualification of proposed jurors, or other cause, the required number of jurors cannot be obtained from the venire, the clerk of the court shall produce in open court the jury box, and the box shall be opened by the court and there shall be drawn therefrom, as directed by the court, the number of names deemed by the judge sufficient to complete the juries. This process shall, if necessary, continue until the grand and petit juries are completed; but the judge of the court instead of following the last mentioned procedure may, if the judge shall deem proper, furnish a sufficient number of names of persons to be summoned to the sheriff, or the judge may, if the judge thinks proper, direct the sheriff to summon a sufficient number to complete the juries.
(b) In case the judge of the court under any of the provisions of this part shall require the jury box to be unlocked, the judge shall cause it to be relocked by the clerk and sealed, and the judge shall write the judge's own name across the seal and the box shall be returned by the clerk to its place of keeping.
(c) (1) Whenever the presiding judge of the circuit or criminal court is satisfied that in any case a jury cannot be obtained from the regular panel for the trial of any case, the judge may, before the case is assigned for hearing, cause the jury box to be opened by the clerk or the chair of the board in the judge's presence in the clerk's office, and such number of names as the judge deems sufficient to obtain such jury may be drawn therefrom who are in reasonable distance to be summoned, but names drawn known to be disqualified will not be listed, and the sheriff shall forthwith summon the persons whose names are so drawn, the list to be given the sheriff by the clerk.
(2) From the panel so drawn and summoned and the regular panel in attendance, the panel desired shall be made up, if practicable. If not, another panel may likewise be drawn instanter, and so on until the jury is completed or the jury box exhausted; provided, that if after the regular venire summoned for the term shall have become exhausted it becomes necessary at any time to have additional jurors to those present or additional panel from which to select a jury to try any particular case or cases pending, the presiding judge may in the judge's discretion select from citizens of the county or direct the sheriff to summon persons of the judge's selection whose names were not selected from the jury box as herein prescribed and make up the jury therefrom to try the case or cases without drawing names from the jury box.
(3) Neither the judge nor the sheriff shall place on such list the name of any person who seeks either directly or indirectly, personally or through another, to be summoned as a juror, and such solicitations shall operate to disqualify such person for jury service.
(4) Service on a jury under this section shall not disqualify or excuse any person from service on the regular juries if the person's name is regularly drawn from the jury box thereof.
(5) In the event the names of jurors are drawn from the jury box under this section for services in any particular cases to be tried, the clerk shall make a list of such names, but the tickets or cards shall then be put back into the jury box.
(d) The court shall not have the right to excuse any person summoned as a regular juror who is qualified for service except it be made to appear by the person by affidavit in writing or it otherwise satisfactorily appears to the court that the state of the person's own health or that of the person's family requires the person's absence from court, or that some pressing or urgent business engagement, the neglect of which would cause irreparable loss, requires the person's absence from court or the public service will be materially injured by the person's attendance, and such details shall be given as will clearly show the reason therefor to the satisfaction of the court.
(e) Nothing in this chapter shall be construed as prohibiting the presiding judge from discharging a juror, either grand or petit, for good cause appearing.
