Selection Fields

Legislative Intent

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Definitions

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Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?

Ark. Code 16-32-103. Master list.

(a) During the month of November or December of each year, the prospective jurors for the following calendar year shall be selected from among the current list of registered voters of the applicable district or county in the following manner:

(1) The circuit judge, in the presence of the circuit clerk, shall select at random a number between one (1) and one hundred (100), inclusive, which shall be the starting number, and the circuit court shall then select the person whose name appears on the current voter registration list in that numerical position, counting sequentially from the first name on the list;

(2) The circuit clerk shall then select the one hundredth voter registrant appearing on the list after the starting number. As an example, if the starting number is sixty-seven (67), which is the first selection, the second selection would be the one hundred sixty-seventh registered voter, the third selection would be the two hundred sixty-seventh registered voter, and so forth until the current registered voter list is exhausted; and

(3) The circuit judge and the circuit clerk shall then repeat the random selection process until the number of jurors set out in this subsection have been selected.

(b) The number of persons to be selected shall be based upon the number of qualified registered voters in the appropriate district or county as reflected by the current list of registered voters provided by the county clerk under legal requirements and, unless a larger number is designated by the circuit judge, the minimum number selected shall be as follows:

Click here to view table.

(c)

(1) After the list of prospective jurors has been submitted by the circuit clerk, the circuit judge may, in the exercise of his or her discretion, authorize clerical assistance in preparing the alphabetized master list and separate cards, chips, disks, or other appropriate means of including the names and addresses of the prospective jurors in the wheel or box.

(2) The expense of this clerical help shall be paid by the county as an expense of the administration of justice.

(3) Clerical employees shall take the following oath:

“I will not make known to anyone the names of the prospective jurors who have been selected and I will not, directly or indirectly, converse with anyone selected as a juror concerning the merits of any proceeding pending or likely to come before the grand jury or court until after the case is tried or otherwise finally disposed of."

(d) Subsections (a)-(c) of this section shall be applicable to all circuit courts and counties within the state that are not using a computerized random jury selection process.

(e)

(1)

(A) All circuit clerks who maintain on computers voter registration lists or the enhanced list of prospective jurors authorized by § 16-32-302, whether in-house or contracted, may utilize the computers and associated equipment for the purpose of selecting jury panels from the voter registration lists or the enhanced list of prospective jurors instead of compiling a master list under subsections (a)-(c) of this section if the computer program is capable of randomly selecting names for the jury panels from the voter registration lists or enhanced list of prospective jurors.

(B) If the computer program is not capable of randomly selecting names for the jury panels from the voter registration lists or enhanced list of prospective jurors, the clerks may use the computers and associated equipment for the purpose of creating the master list under subsections (a)-(c) of this section.

(2) The master list of jurors' names and addresses shall not be available for public inspection, publication, or copying, but it may be examined in the presence of the circuit judge by litigants or their attorneys who desire to verify that names drawn from the wheel or box were placed there in the manner provided in this act by the commissioners.

(3)

(A) In counties where jury selection is conducted by a computerized random process, the source list of potential jurors' names and addresses shall not be available for public inspection, publication, or copying.

(B) The source list may be examined in the presence of the circuit judge by litigants or their attorneys who desire to verify that names randomly selected by computer were selected from the list.

History

Ark. Code 16-32-104. Jury wheel or box.

(a)

(1) The names and last known addresses of the persons selected shall be placed, in the presence of the circuit judge and the circuit clerk, in a circular hollow wheel or a large box constructed of sturdy and durable material. In place of names and addresses, the court may cause cards or discs, numbered serially, to reflect the number of prospective jurors required to be placed in the box and shall cause the names on the master list to be numbered serially so that a juror on the list may be identified when his number is drawn for entry in the jury book.

(2)

(A) The wheel or box shall thereafter remain locked at all times, except when in use as provided in this subchapter, by the use of two (2) separate locks so arranged that the key to one will not open the other lock. The clasps into which the locks shall be fitted shall be so arranged that the wheel or box cannot be opened unless both locks are unlocked.

(B) The key to one (1) lock shall be kept by the circuit judge, and the key to the other shall be kept by the circuit clerk.

(C) The circuit clerk of each county shall keep the wheel or box, when not in use, in a safe and secure place.

(3) Whenever the circuit judge finds that there is sufficient reason to believe that the integrity of the contents of the wheel or box may have been compromised, he or she shall cause the names in the wheel or box to be compared with the names on the master list, and the verified names shall then be placed in the wheel or box in open court.

(4) Any person other than one acting in open court as authorized by this act who shall open a jury wheel or box with intent to remove, alter, or add to its contents shall be deemed guilty of a felony, and upon conviction shall be imprisoned in the penitentiary not less than one (1) year nor more than twenty-one (21) years.

(b) The courts are authorized to use a computer program that is capable of random selection of names from the list of registered voters or the enhanced list of prospective jurors authorized under § 16-32-302 instead of maintaining the jury wheel or box required under subdivisions (a)(1)-(4) of this section.

Ark. Code 16-32-105. Drawing for petit jurors.

(a)

(1) After the names have been placed in the wheel or box and not less than fifteen (15) days prior to the first jury trial in the year for which the prospective jurors have been selected, the circuit judge shall enter an order which shall be spread of record stating a time and place for the initial drawing for the names of petit jurors from the wheel or box.

(2) At the time and place designated, the wheel or box shall be unlocked in open court.

(3) After the names have been thoroughly mixed, the circuit judge shall cause to be drawn the number of names which in his or her opinion shall be necessary to provide a panel of qualified petit jurors for the trial of cases, after excuses from attendance have been granted to those who are entitled to be excused.

(4) As the names are drawn, they shall be recorded in the same order by the circuit clerk in a book to be provided for that purpose, and if the name of any person known to have died or found by the court upon inquiry to be unfit and disqualified under § 16-31-102(a) is drawn, that name shall be put aside and not used and a notation of the discarding of the name and reason therefor shall be made in the jury book.

(5) The same procedures outlined in this section shall be followed in the event all of the jurors whose names are listed in the jury book shall be excused from further service.

(b) The drawing and recording of jurors under subdivisions (a)(1)-(5) of this section may be accomplished by a computerized random jury selection process.

Drawing of juror names from list

Ark. Code 16-32-103. Master list.

(a) During the month of November or December of each year, the prospective jurors for the following calendar year shall be selected from among the current list of registered voters of the applicable district or county in the following manner:

(1) The circuit judge, in the presence of the circuit clerk, shall select at random a number between one (1) and one hundred (100), inclusive, which shall be the starting number, and the circuit court shall then select the person whose name appears on the current voter registration list in that numerical position, counting sequentially from the first name on the list;

(2) The circuit clerk shall then select the one hundredth voter registrant appearing on the list after the starting number. As an example, if the starting number is sixty-seven (67), which is the first selection, the second selection would be the one hundred sixty-seventh registered voter, the third selection would be the two hundred sixty-seventh registered voter, and so forth until the current registered voter list is exhausted; and

(3) The circuit judge and the circuit clerk shall then repeat the random selection process until the number of jurors set out in this subsection have been selected.

(b) The number of persons to be selected shall be based upon the number of qualified registered voters in the appropriate district or county as reflected by the current list of registered voters provided by the county clerk under legal requirements and, unless a larger number is designated by the circuit judge, the minimum number selected shall be as follows:

Click here to view table.

(c)

(1) After the list of prospective jurors has been submitted by the circuit clerk, the circuit judge may, in the exercise of his or her discretion, authorize clerical assistance in preparing the alphabetized master list and separate cards, chips, disks, or other appropriate means of including the names and addresses of the prospective jurors in the wheel or box.

(2) The expense of this clerical help shall be paid by the county as an expense of the administration of justice.

(3) Clerical employees shall take the following oath:

“I will not make known to anyone the names of the prospective jurors who have been selected and I will not, directly or indirectly, converse with anyone selected as a juror concerning the merits of any proceeding pending or likely to come before the grand jury or court until after the case is tried or otherwise finally disposed of."

(d) Subsections (a)-(c) of this section shall be applicable to all circuit courts and counties within the state that are not using a computerized random jury selection process.

(e)

(1)

(A) All circuit clerks who maintain on computers voter registration lists or the enhanced list of prospective jurors authorized by § 16-32-302, whether in-house or contracted, may utilize the computers and associated equipment for the purpose of selecting jury panels from the voter registration lists or the enhanced list of prospective jurors instead of compiling a master list under subsections (a)-(c) of this section if the computer program is capable of randomly selecting names for the jury panels from the voter registration lists or enhanced list of prospective jurors.

(B) If the computer program is not capable of randomly selecting names for the jury panels from the voter registration lists or enhanced list of prospective jurors, the clerks may use the computers and associated equipment for the purpose of creating the master list under subsections (a)-(c) of this section.

(2) The master list of jurors' names and addresses shall not be available for public inspection, publication, or copying, but it may be examined in the presence of the circuit judge by litigants or their attorneys who desire to verify that names drawn from the wheel or box were placed there in the manner provided in this act by the commissioners.

(3)

(A) In counties where jury selection is conducted by a computerized random process, the source list of potential jurors' names and addresses shall not be available for public inspection, publication, or copying.

(B) The source list may be examined in the presence of the circuit judge by litigants or their attorneys who desire to verify that names randomly selected by computer were selected from the list.

Procedure for Summoning Jurors

Ark. Code 16-32-106. Summons of petit jurors.

(a) The persons whose names have been selected under § 16-32-105 shall be summoned to appear on a date set by the court to answer questions concerning their qualifications and unless excused or disqualified, to serve the required number of days or for the maximum period during the calendar year for which selected unless sooner discharged.

(b) Jurors shall be summoned by the court or by the sheriff, as the court directs, by:

(1) A notice dispatched by first-class mail;

(2) Notice given personally on the telephone; or

(3) Service of summons personally or by such other method as is permitted or prescribed by law.

(c)

(1)

(A) If a notice is dispatched by first-class mail, the prospective jurors shall be given a date certain to contact the sheriff or the court to confirm receipt of the notice.

(B) Not later than five (5) days before the prospective juror is to appear, the sheriff or the court shall contact the prospective juror if the prospective juror has failed to acknowledge receipt of the notice.

(C) The court shall have discretion to determine whether the sheriff or the court will be the prospective juror's primary contact.

(2) A notice dispatched by first-class mail shall be sent on a form approved by the Administrative Office of the Courts or it shall include the following language:

“You are hereby notified that you have been chosen as a prospective juror. You must notify the sheriff [or the court] on or before ............(date) ............to confirm that you have received this notice. If you do not notify the sheriff [or the court] to confirm this notice, the sheriff [or the court] will contact you and there will be added cost. Please call the sheriff [or the court] at ............(phone number) ............."

(d) Unless excused by the circuit judge, a juror who has been legally summoned and who shall fail to attend on any date when directed to do so may be fined in any sum not less than five dollars ($5.00) nor more than five hundred dollars ($500). However, nothing in this subsection shall be construed to limit the inherent power of the court to punish for contempt. All excuses granted by the circuit judge shall be noted in the jury book or the computer program described in § 16-32-103.

History

Ark. Code 16-32-101. Selection pursuant to act required — Waiver.

No person shall be summoned to serve as a grand or petit juror who has not been selected under the provisions of this act unless this requirement is waived by the parties.

Ark. Code 16-32-202. Selection, summons, and composition of trial generally.

(a) The jurors for the trial of criminal prosecutions shall be selected and summoned as provided by law.

(b)

(1) Juries shall be composed of twelve (12) jurors.

(2) However, cases other than felonies may be tried by a jury of fewer than twelve (12) jurors by agreement of the parties.

Prohibition of Discrimination Against Jurors

N/A

Qualifications

Ark. Code 16-31-101. Qualifications.

Every registered voter or, in counties where an enhanced prospective jury list is utilized, every registered voter, licensed driver, or person issued an identification card under § 27-16-805 who is a citizen of the United States and a resident of the State of Arkansas and of the county in which he or she may be summoned for jury service is legally qualified to act as a grand or petit juror if not otherwise disqualified under the express provisions of this act.

Disqualifications

Ark. Code 16-31-102. Disqualifications.

(a) The following persons are disqualified to act as grand or petit jurors:

(1) Persons who do not meet the qualifications of § 16-31-101;

(2) Persons who are unable to speak or understand the English language;

(3) Persons who are unable to read or write the English language, except that the circuit judge, in the exercise of his discretion, may waive these requirements when the persons are otherwise found to be capable of performing the duties of jurors;

(4) Persons who have been convicted of a felony and have not been pardoned;

(5) Persons who are:

(A) Not of good character or approved integrity;

(B) Lacking in sound judgment or reasonable information;

(C) Intemperate; or

(D) Not of good behavior;

(6) Persons who, by reason of a physical or mental disability, are unable to render satisfactory jury service, except that no person shall be disqualified solely on the basis of loss of hearing or sight in any degree; and

(7) Persons who are less than eighteen (18) years of age at the time they are required to appear.

(b) Except by the consent of all the parties, no person shall serve as a petit juror in any case who:

(1) Is related to any party or attorney in the cause within the fourth degree of consanguinity or affinity;

(2) Is expected to appear as a witness or has been summoned to appear as a witness in the cause;

(3) Has formed or expressed an opinion concerning the matter in controversy which may influence his judgment;

(4) May have a material interest in the outcome of the case;

(5) Is biased or prejudiced for or against any party to the cause or is prevented by any relationship or circumstance from acting impartially; or

(6) Was a petit juror in a former trial of the cause or of another case involving any of the same questions of fact.

(c) Nothing in this section shall limit a court's discretion and obligation to strike jurors for cause for any reason other than solely because of sight or hearing impairment.

Ark. Code 16-32-304. List of disqualifications not affected.

This subchapter shall not affect the list of disqualifications from jury service found in § 16-31-102.

Excusal or Exemptions

Ark Code 16-31-103. Exemptions from service.

Any person may be excused from serving as a grand or petit juror or a jury commissioner for such period as the court deems necessary or may have his service deferred to another specified term of court when the state of his health or that of his family reasonably requires his absence, or when, for any reason, his own interests or those of the public will, in the opinion of the court, be materially injured by his attendance.

Limited Frequency of Jury Service

Ark. Code 16-31-104. Limitations on frequency and period of service.

(a) Any person who is sworn as a member of a grand or petit jury shall be ineligible to serve on another grand or petit jury in the same county for a period of two (2) years from the date the person is excused from further jury service by the court or by operation of law.

(b) No petit juror shall be required to report for jury duty on more than ten (10) days or for more than a four-month period during the calendar year for which he or she is selected, except that any juror actually engaged in the trial of a case at the time of the expiration of the period of permitted service shall serve until the trial of the case is concluded.

(c) A summons to serve on jury duty shall include a description of the maximum periods of service under this section.

Who handles excusals is prescribed?

Ark. Code (d) Unless excused by the circuit judge, a juror who has been legally summoned and who shall fail to attend on any date when directed to do so may be fined in any sum not less than five dollars ($5.00) nor more than five hundred dollars ($500). However, nothing in this subsection shall be construed to limit the inherent power of the court to punish for contempt. All excuses granted by the circuit judge shall be noted in the jury book or the computer program described in § 16-32-103.

Deferral/Postponement of jury service allowed

Ark. Code 16-31-103. Exemptions from service.

Any person may be excused from serving as a grand or petit juror or a jury commissioner for such period as the court deems necessary or may have his service deferred to another specified term of court when the state of his health or that of his family reasonably requires his absence, or when, for any reason, his own interests or those of the public will, in the opinion of the court, be materially injured by his attendance.

Number of petit jurors for jury trial is prescribed?

Ark. Code

16-19-604. Jurors — Number and qualifications.

The jury shall be composed of six (6) jurors who shall be qualified as required in the circuit courts. However, a lesser number of jurors may be agreed upon by the parties.

**Up to the judge to determine** "3) After the names have been thoroughly mixed, the circuit judge shall cause to be drawn the number of names which in his or her opinion shall be necessary to provide a panel of qualified petit jurors for the trial of cases, after excuses from attendance have been granted to those who are entitled to be excused." (Ark. Code 16-32-105