Selection Fields
Legislative Intent
Neb. Rev. Stat. § 25-1645. Act; intent and purpose.
The Legislature hereby declares that it is the intent and purpose of the Jury Selection Act to create a jury system which will ensure that:
(1) All persons selected for jury service are selected at random from a fair cross section of the population of the area served by the court;
(2) All qualified citizens have the opportunity to be considered for jury service;
(3) All qualified citizens fulfill their obligation to serve as jurors when summoned for that purpose; and
(4) No citizen is excluded from jury service in this state as a result of discrimination based upon race, color, religion, sex, national origin, or economic status.
Definitions
"§ 25-1646. Terms, defined.
For purposes of the Jury Selection Act:
(1) Combined list means the list created pursuant to section 25-1654 by merging the lists of names from the Department of Motor Vehicles and from election records into one list;
(2) Grand jury means a body of people who are chosen to sit permanently for at least a month and up to a year and who, in ex parte proceedings, decide whether to issue indictments in criminal cases;
(3) Jury commissioner means the person designated in section 25-1647;
(4) Jury list means a list or lists of names of potential jurors drawn from the master key list for possible service on grand and petit juries;
(5) Jury management system means an electronic process in which individuals are randomly selected to serve as grand or petit jurors and for which the presence of a district court judge or other designated official is not required. A jury management system may also provide an electronic process for a potential juror to complete and submit a juror qualification form and to receive summonses and notifications regarding jury service;
(6) Jury panel means the persons summoned to serve as grand or petit jurors for such period of a jury term as determined by the judge or judges;
(7) Jury term means a month, calendar quarter, year, or other period of time as determined by the judge or judges during which grand or petit jurors are selected for service from a master key list. A jury term shall not extend beyond the time by which a new combined list is required to be prepared pursuant to section 25-1654, except by order of the court;
(8) Manual jury selection process means a process in which individuals are randomly selected to serve on a grand or petit jury by drawing names from a wheel or box while in the presence of a district court judge or other official designated by the judge;
(9) Master key list means the list of names selected using the key number pursuant to section 25-1654;
(10) One-step qualifying and summoning system means a process for selecting and summoning grand or petit jurors in which a juror qualification form and summons, or instructions to complete a jury qualification form through a jury management system and a summons, are sent to a potential juror at the same time;
(11) Petit jury means a group of jurors who may be summoned and empaneled in the trial of a specific case;
(12) Tales juror means a person selected from among the bystanders in court or the people of the county to serve as a juror when the original jury panel has become deficient in number; and
(13) Two-step qualifying and summoning system means a process for selecting and summoning grand or petit jurors in which a juror qualification form, or instructions to complete a jury qualification form through a jury management system, is sent to a potential juror and, if the juror is qualified and drawn for jury service, a summons is sent."
Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
"§ 25-1654. Combined list; master key list; how produced.
(1) Each December, the Department of Motor Vehicles shall make available to each jury commissioner a list in magnetic, optical, digital, or other electronic format mutually agreed to by the jury commissioner and the department containing the names, dates of birth, addresses, and motor vehicle operator license numbers or state identification card numbers of all licensed motor vehicle operators and state identification card holders nineteen years of age or older in the county. If a jury commissioner requests similar lists at other times from the department, the cost of processing such lists shall be paid by the county which the requesting jury commissioner serves. Upon request of the jury commissioner, the election commissioner or county clerk having charge of the election records shall furnish to the jury commissioner a complete list of the names, dates of birth, addresses, and motor vehicle operator license numbers or state identification card numbers of all registered voters nineteen years of age or older in the county.
(2) When required pursuant to subsection (3) of this section or when otherwise necessary or as directed by the judge or judges, the jury commissioner shall create a combined list by merging the separate lists described in subsection (1) of this section and reducing any duplication to the best of his or her ability.
(3) In counties having a population of seven thousand inhabitants or more, the jury commissioner shall produce a combined list at least once each calendar year. In counties having a population of three thousand inhabitants but less than seven thousand inhabitants, the jury commissioner shall produce a combined list at least once every two calendar years. In counties having a population of less than three thousand inhabitants, the jury commissioner shall produce a combined list at least once every five calendar years.
(4) The jury commissioner shall then create a master key list by selecting from the combined list the name of the person whose numerical order on such list corresponds with the key number and each successive tenth name thereafter. The jury commissioner shall certify that the master key list has been made in accordance with the Jury Selection Act.
(5) Any unintentional duplication of names on a combined list or master key list shall not be grounds for quashing any panel or jury list pursuant to section 25-1678 or for the disqualification of any juror." (R.R.S. Neb. § 25-1654)
§ 25-1659. Master key list; juror qualification form; review; names stricken.
(1) If the jury commissioner finds, after reviewing a completed juror qualification form, that a potential juror does not possess the qualifications of a juror as set forth in section 25-1650 or is excluded by the terms of section 25-1650,the jury commissioner shall strike such potential juror’s name from the master key list and make a record of each name stricken, which record shall be kept in the jury commissioner’s office subject to inspection by the court and attorneys of record in cases triable to a jury pending before the court, under such rules as the court may prescribe.
(2) Any person entitled to access to the list of names stricken may make a request to the judge of the district court, in accordance with section 25-1673, for an explanation of the reasons a name has been stricken. If the judge is satisfied that such request is made in good faith and in accordance with section 25-1673, the judge shall direct the jury commissioner to appear before the judge at chambers and, in the presence of the requesting person, state his or her reasons for striking such name.
Drawing of juror names from list
§ 25-1655. Potential jurors; how selected.
(1) Prior to the jury term or at any time during the jury term, the jury commissioner may draw potential jurors from the master key list for service on petit jury panels that will be needed throughout the jury term. The jury commissioner shall draw such number of potential jurors from the master key list as the judge or judges direct.
(2) In drawing the names of potential jurors, the jury commissioner may use a manual jury selection process or a jury management system. The jury commissioner shall investigate the potential jurors so drawn pursuant to the two-step qualifying and summoning system or the one-step qualifying and summoning system.
(3)
(a) If the jury commissioner uses the two-step qualifying and summoning system, he or she shall deliver to each potential juror a juror qualification form pursuant to section 25-1657.
(b) If the jury commissioner uses the one-step qualifying and summoning system, he or she shall deliver to each potential juror a juror qualification form pursuant to section 25-1657 and shall serve the potential juror with a summons pursuant to section 25-1660.
§ 29-2004. Jury; how drawn and selected; alternate jurors.
(1) All parties may stipulate that the jury may be selected up to thirty-one days prior to the date of trial. The stipulation must be unanimous among all parties and evidenced by a joint stipulation to the county court.
(2) In all cases, except as may be otherwise expressly provided, the accused shall be tried by a jury drawn, summoned, and impaneled according to provisions of the code of civil procedure, except that whenever in the opinion of the court the trial is likely to be a protracted one, the court may, immediately after the jury is impaneled and sworn, direct the calling of additional jurors, to be known as alternate jurors.
(3)
(a) The court may impanel up to six alternate jurors to replace any jurors who are unable to perform or who are disqualified from performing their duties.
(b) Alternate jurors must have the same qualifications and shall be selected and sworn in the same manner as any other juror.
(c) Unless a party objects, alternate jurors shall replace jurors in the same sequence in which the alternates were selected. An alternate juror who replaces a juror has the same authority as the other jurors.
(4) The alternate jurors shall take the proper oath or affirmation and shall be seated near the regular jurors with equal facilities for seeing and hearing the proceedings in the cause, and shall attend at all times upon the trial of the cause in company with the regular jurors. They shall obey all orders and admonitions of the court, and if the regular jurors are ordered to be kept in the custody of an officer during the trial of the cause, the alternate jurors shall also be kept with the other jurors.
(5)
(a) The court may retain alternate jurors after the jury retires to deliberate, except that if an information charging a violation of section 28-303 and in which the death penalty is sought contains a notice of aggravation, the alternate jurors shall be retained as provided in section 29-2520.
(b) The court shall ensure that a retained alternate does not discuss the case with anyone until that alternate replaces a juror or is discharged. If an alternate replaces a juror after deliberations have begun, the court shall instruct the jury to begin its deliberations anew.
(6)
(a) Each party is entitled to the following number of additional peremptory challenges to prospective alternate jurors:
(i) One additional peremptory challenge is permitted when one or two alternates are impaneled;
(ii) Two additional peremptory challenges are permitted when three or four alternates are impaneled; and
(iii) Three additional peremptory challenges are permitted when five or six alternates are impaneled.
(b) The additional peremptory challenges provided in this subsection may only be used to remove alternate jurors.
(7) In construing and applying this section, courts shall consider Federal Rule of Criminal Procedure 24 and case law interpreting such rule.
Procedure for Summoning Jurors
§ 25-1655. Potential jurors; how selected.
(1) Prior to the jury term or at any time during the jury term, the jury commissioner may draw potential jurors from the master key list for service on petit jury panels that will be needed throughout the jury term. The jury commissioner shall draw such number of potential jurors from the master key list as the judge or judges direct.
(2) In drawing the names of potential jurors, the jury commissioner may use a manual jury selection process or a jury management system. The jury commissioner shall investigate the potential jurors so drawn pursuant to the two-step qualifying and summoning system or the one-step qualifying and summoning system.
(3)
(a) If the jury commissioner uses the two-step qualifying and summoning system, he or she shall deliver to each potential juror a juror qualification form pursuant to section 25-1657.
(b) If the jury commissioner uses the one-step qualifying and summoning system, he or she shall deliver to each potential juror a juror qualification form pursuant to section 25-1657 and shall serve the potential juror with a summons pursuant to section 25-1660.
§ 29-2004. Jury; how drawn and selected; alternate jurors.
(1) All parties may stipulate that the jury may be selected up to thirty-one days prior to the date of trial. The stipulation must be unanimous among all parties and evidenced by a joint stipulation to the county court.
(2) In all cases, except as may be otherwise expressly provided, the accused shall be tried by a jury drawn, summoned, and impaneled according to provisions of the code of civil procedure, except that whenever in the opinion of the court the trial is likely to be a protracted one, the court may, immediately after the jury is impaneled and sworn, direct the calling of additional jurors, to be known as alternate jurors.
(3)
(a) The court may impanel up to six alternate jurors to replace any jurors who are unable to perform or who are disqualified from performing their duties.
(b) Alternate jurors must have the same qualifications and shall be selected and sworn in the same manner as any other juror.
(c) Unless a party objects, alternate jurors shall replace jurors in the same sequence in which the alternates were selected. An alternate juror who replaces a juror has the same authority as the other jurors.
(4) The alternate jurors shall take the proper oath or affirmation and shall be seated near the regular jurors with equal facilities for seeing and hearing the proceedings in the cause, and shall attend at all times upon the trial of the cause in company with the regular jurors. They shall obey all orders and admonitions of the court, and if the regular jurors are ordered to be kept in the custody of an officer during the trial of the cause, the alternate jurors shall also be kept with the other jurors.
(5)
(a) The court may retain alternate jurors after the jury retires to deliberate, except that if an information charging a violation of section 28-303 and in which the death penalty is sought contains a notice of aggravation, the alternate jurors shall be retained as provided in section 29-2520.
(b) The court shall ensure that a retained alternate does not discuss the case with anyone until that alternate replaces a juror or is discharged. If an alternate replaces a juror after deliberations have begun, the court shall instruct the jury to begin its deliberations anew.
(6)
(a) Each party is entitled to the following number of additional peremptory challenges to prospective alternate jurors:
(i) One additional peremptory challenge is permitted when one or two alternates are impaneled;
(ii) Two additional peremptory challenges are permitted when three or four alternates are impaneled; and
(iii) Three additional peremptory challenges are permitted when five or six alternates are impaneled.
(b) The additional peremptory challenges provided in this subsection may only be used to remove alternate jurors.
(7) In construing and applying this section, courts shall consider Federal Rule of Criminal Procedure 24 and case law interpreting such rule.
Prohibition of Discrimination Against Jurors
Neb. Rev. Stat. § 25-1645. Act; intent and purpose.
The Legislature hereby declares that it is the intent and purpose of the Jury Selection Act to create a jury system which will ensure that:
(1) All persons selected for jury service are selected at random from a fair cross section of the population of the area served by the court;
(2) All qualified citizens have the opportunity to be considered for jury service;
(3) All qualified citizens fulfill their obligation to serve as jurors when summoned for that purpose; and
(4) No citizen is excluded from jury service in this state as a result of discrimination based upon race, color, religion, sex, national origin, or economic status.
Qualifications
Neb. Rev. § 25-1650. Jurors; qualifications; disqualifications; excused or exempt, when.
(1) All citizens of the United States residing in any of the counties of this state who are over the age of nineteen years, able to read, speak, and understand the English language, and free from all disqualifications set forth under this section and from all other legal exceptions are qualified to serve on all grand and petit juries in their respective counties. Persons disqualified to serve as either grand or petit jurors are: (a) Judges of any court, (b) clerks of the Supreme or district courts, (c) sheriffs, (d) jailers, (e) persons, or the spouse of any such persons, who are parties to suits pending in the county of his, her, or their residence for trial to that jury panel, (f) persons who have been convicted of a felony when such conviction has not been set aside or a pardon issued, and (g) persons who are subject to liability for the commission of any offense which by special provision of law disqualifies them. Spouses shall not serve as jurors on the same panel. Persons who are incapable, by reason of physical or mental disability, of rendering satisfactory jury service shall not be qualified to serve on a jury, but a person claiming this disqualification shall be required to submit a physician’s certificate as to the disability and the certifying physician is subject to inquiry by the court at its discretion. A nursing mother who requests to be excused shall be excused from jury service until she is no longer nursing her child, but the mother shall be required to submit a physician’s certificate in support of her request. A person who is serving on active duty as a member of the United States Armed Forces who requests to be exempt shall be exempt from jury service, but such person shall be required to submit documentation of his or her active-duty status in support of his or her request.
(2) The district court or any judge thereof may exercise the power of excusing any grand or petit juror or any person summoned for grand or petit jury service upon a showing of undue hardship, extreme inconvenience, or public necessity for such period as the court deems necessary. At the conclusion of such period the person shall reappear for jury service in accordance with the court’s direction. All excuses and the grounds for such excuses shall be entered upon the record of the court. In districts having more than one judge of the district court, the court may by rule or order assign or delegate to the presiding judge or any one or more judges the sole authority to grant such excuses.
(3) No qualified potential juror is exempt from jury service, except that any person seventy years of age or older who makes a request to be exempt to the court at the time the juror qualification form is filed with the jury commissioner or who makes such a request in writing after being qualified and summoned shall be exempt from serving on grand and petit juries.
(4) A physician’s certificate or other documentation or information submitted by a person in support of a claim of disqualification by reason of physical or mental disability or due to such person’s status as a nursing mother is not a public record as defined in section 84-712.01 and is not subject to disclosure under sections 84-712 to 84-712.09.
Disqualifications
(4) A physician’s certificate or other documentation or information submitted by a person in support of a claim of disqualification by reason of physical or mental disability or due to such person’s status as a nursing mother is not a public record as defined in section 84-712.01 and is not subject to disclosure under sections 84-712 to 84-712.09. (R.R.S. Neb. § 25-1650)
Excusal or Exemptions
§ 25-1650. Jurors; qualifications; disqualifications; excused or exempt, when.
(1) All citizens of the United States residing in any of the counties of this state who are over the age of nineteen years, able to read, speak, and understand the English language, and free from all disqualifications set forth under this section and from all other legal exceptions are qualified to serve on all grand and petit juries in their respective counties. Persons disqualified to serve as either grand or petit jurors are: (a) Judges of any court, (b) clerks of the Supreme or district courts, (c) sheriffs, (d) jailers, (e) persons, or the spouse of any such persons, who are parties to suits pending in the county of his, her, or their residence for trial to that jury panel, (f) persons who have been convicted of a felony when such conviction has not been set aside or a pardon issued, and (g) persons who are subject to liability for the commission of any offense which by special provision of law disqualifies them. Spouses shall not serve as jurors on the same panel. Persons who are incapable, by reason of physical or mental disability, of rendering satisfactory jury service shall not be qualified to serve on a jury, but a person claiming this disqualification shall be required to submit a physician’s certificate as to the disability and the certifying physician is subject to inquiry by the court at its discretion. A nursing mother who requests to be excused shall be excused from jury service until she is no longer nursing her child, but the mother shall be required to submit a physician’s certificate in support of her request. A person who is serving on active duty as a member of the United States Armed Forces who requests to be exempt shall be exempt from jury service, but such person shall be required to submit documentation of his or her active-duty status in support of his or her request.
(2) The district court or any judge thereof may exercise the power of excusing any grand or petit juror or any person summoned for grand or petit jury service upon a showing of undue hardship, extreme inconvenience, or public necessity for such period as the court deems necessary. At the conclusion of such period the person shall reappear for jury service in accordance with the court’s direction. All excuses and the grounds for such excuses shall be entered upon the record of the court. In districts having more than one judge of the district court, the court may by rule or order assign or delegate to the presiding judge or any one or more judges the sole authority to grant such excuses.
(3) No qualified potential juror is exempt from jury service, except that any person seventy years of age or older who makes a request to be exempt to the court at the time the juror qualification form is filed with the jury commissioner or who makes such a request in writing after being qualified and summoned shall be exempt from serving on grand and petit juries.
(4) A physician’s certificate or other documentation or information submitted by a person in support of a claim of disqualification by reason of physical or mental disability or due to such person’s status as a nursing mother is not a public record as defined in section 84-712.01 and is not subject to disclosure under sections 84-712 to 84-712.09.
History
Limited Frequency of Jury Service
N/A
Who handles excusals is prescribed?
"(2) The district court or any judge thereof may exercise the power of excusing any grand or petit juror or any person summoned for grand or petit jury service upon a showing of undue hardship, extreme inconvenience, or public necessity for such period as the court deems necessary. At the conclusion of such period the person shall reappear for jury service in accordance with the court’s direction. All excuses and the grounds for such excuses shall be entered upon the record of the court. In districts having more than one judge of the district court, the court may by rule or order assign or delegate to the presiding judge or any one or more judges the sole authority to grant such excuses." (R.R.S. Neb. § 25-1650)
Deferral/Postponement of jury service allowed
Neb. Rev. Stat. § 25-1667. Petit jury; postponement of service.
The court may postpone service of a petit juror from one jury panel to a specific future jury panel. A written form may be completed for each such juror, giving the juror’s name and address and the reason for the postponement and bearing the signature of the district judge. Such form shall be entered upon the record of the court. The names of jurors transferred from one jury panel to another shall be added to the names drawn for a particular jury panel as drawn under section 25-1662.
Number of petit jurors for jury trial is prescribed?
N/A
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