Selection Fields
Legislative Intent
22-2-101. Application of chapter.
(a) This chapter applies to all grand and petit juries in all circuit and criminal courts of this state. This chapter also applies to any law court in any of the counties.
(b) Except as provided in § 22-4-101, every private act enacted in this state touching in any way upon the subject of juries, jurors or jury commissioners is repealed in its entirety.
(1) [Deleted by 2011 amendment.]
(2) [Deleted by 2011 amendment.]
(c) The jury selection methods in the chancery courts of this state shall not be affected in any way by this chapter, except as provided in § 22-2-312.
Definitions
N/A
Source of jury master lists are drawn (e.g., voter registration, state income tax, etc. )?
Tenn Code 22-2-301. Automated selection of names for jury list.
(a) The jury coordinator in each county shall select names of prospective jurors to serve in the courts of that county by random automated means, without opportunity for the intervention of any human agency to select a particular name and in a manner that causes no prejudice to any person. The names, which shall constitute the jury list, shall be compiled from licensed driver records or lists, tax records or other available and reliable sources that are so tabulated and arranged that names can be selected by automated means. The jury coordinator may utilize a single source or any combination of sources. The jury coordinator is prohibited from using the permanent voter registration records as a source to compile the jury list.
(b) The jury coordinator shall repeat this procedure as often as reasonably necessary, but in no event may a list be retained for more than two (2) years. Prior to repeating this procedure and compiling a new jury list, no person may add to or take from the existing list, except as provided in this part.
(c) Notwithstanding the provisions of title 2, chapter 2, part 1 to the contrary, any voter registration form created on or after January 1, 2009, by the state coordinator of elections shall clearly state on the registration form the following: “Names of persons selected for jury service in state court are not chosen from permanent voter registration records."
History
Drawing of juror names from list
22-2-301. Automated selection of names for jury list.
(a) The jury coordinator in each county shall select names of prospective jurors to serve in the courts of that county by random automated means, without opportunity for the intervention of any human agency to select a particular name and in a manner that causes no prejudice to any person. The names, which shall constitute the jury list, shall be compiled from licensed driver records or lists, tax records or other available and reliable sources that are so tabulated and arranged that names can be selected by automated means. The jury coordinator may utilize a single source or any combination of sources. The jury coordinator is prohibited from using the permanent voter registration records as a source to compile the jury list.
(b) The jury coordinator shall repeat this procedure as often as reasonably necessary, but in no event may a list be retained for more than two (2) years. Prior to repeating this procedure and compiling a new jury list, no person may add to or take from the existing list, except as provided in this part.
(c) Notwithstanding the provisions of title 2, chapter 2, part 1 to the contrary, any voter registration form created on or after January 1, 2009, by the state coordinator of elections shall clearly state on the registration form the following: “Names of persons selected for jury service in state court are not chosen from permanent voter registration records."
22-2-305. Selection of names for jury pool by alternate manual means.
In the event that any county of this state cannot obtain and select names for the jury pool by automated means pursuant to § 22-2-304, the county may utilize the alternate jury selection method set out in this section.
(1) On Monday, two (2) weeks before each jury service term, the jury coordinator shall unlock the jury box and break the seal of the jury box, and after well shaking the jury box, cause to be drawn from the jury box, in the presence of the witness, that number of names that the presiding judge of the judicial district has directed to be drawn, to constitute the jury pool for the jury service term. If the Monday two (2) weeks before the jury service term begins is a legal holiday, the jury coordinator may perform this function on the following business day.
(2) In the event the name is drawn of a person known by the jury coordinator to no longer be qualified or competent to serve pursuant to § 22-1-101 or § 22-1-102, the name shall be put aside and not used, and another name shall be drawn instead. Should the jury coordinator, when drawing names from the jury box, overlook the names of persons who are incompetent or unqualified to serve, the presiding judge of the judicial district and the judge presiding over a trial in which those persons serve as jury panel members each shall have the authority to excuse those persons from jury service and direct that their names be withdrawn from the jury pool.
(3)
(A) Not more than five (5) days before the jury service term and not later than the first day of the jury service term, the jury coordinator and witness shall certify that the names drawn constitute the jury pool for the term by following the procedures in subdivision (3)(B).
(B) When the required number of names have been drawn for the jury pool, the original tickets or cards on which they have been written shall be placed in an envelope and with the the original tickets or cards shall be enclosed a report prepared and signed by the jury coordinator and witness, a copy of which shall be retained by the jury coordinator for use under the provisions of this chapter, substantially as follows:
To the Honorable ____________________________________________, Presiding Judge of the ______________________ Judicial District, at ______________________ County:
I, ____________________________________________, the jury coordinator for such county, and ____________________________________________, who witnessed the selection of names, respectfully report the following names, which have been drawn according to law, arranged alphabetically and numbered, as shown on the original tickets or cards enclosed with this report, as the jury pool for the upcoming jury service term:
Names
No. ____________________________________________
No. ____________________________________________
No. ____________________________________________
We further report that in addition to the above list there were drawn from the jury box at the same time the following names of persons known to the jury coordinator to be unqualified or incompetent to serve (copying such names and numbers), and we enclose such original tickets or cards with this report separate from the other tickets or cards.
This the ____________ day of ________________, ____________.
____________________________________________
Jury Coordinator
____________________________________________
Witness
(C) The jury coordinator shall then seal the envelope containing the coordinator's report and the original tickets or cards, address the envelope to the presiding judge of the judicial district, write the judge's name across the sealing of the envelope, and deliver the envelope to the judge at the opening of the jury service term.
History
22-2-304. Automated selection of names for jury pool.
(a) In any county in this state where the names of prospective jurors are obtained by automated means pursuant to § 22-2-301, the selection of names of prospective jurors to be summoned shall likewise be made by automated means in such a manner as to assure proportionate distribution of names selected without opportunity for the intervention of any human agency to select a particular name and in a manner that causes no prejudice to any person. It is the duty of the presiding judge of the judicial district to notify the jury coordinator of the number of names to be selected from the jury list, and these names shall constitute the jury pool.
(b) When the required number of names have been selected for the jury pool, the jury coordinator shall place a list of those names in an envelope, and with the list shall be enclosed a report prepared and signed by the jury coordinator. A copy of the list and report shall be retained by the jury coordinator for use under the provisions of this chapter, and the report shall provide substantially as follows:
To the Honorable ____________________________________________, Presiding Judge of the ______________________ Judicial District, at ______________________ County:
I, ____________________________________________, the jury coordinator for such county, report that the enclosed names, which have been drawn according to law, constitute the jury pool for the upcoming jury service term:
This the ____________ day of ______________________, ________________.
______________________
Jury Coordinator
22-4-104. Certification of list to county official.
The jury coordinator shall, when the jury pool is discharged, make out and certify a list of the jurors, with the number of days they have respectively served, and the amount due to each, and deliver the list to the appropriate county official, who shall compensate jurors in the amount due to each of them in accordance with applicable financial procedures in the county.
Tenn. Code 40-18-104. Drawing of jurors' names.
The names of the jurors are written on separate scrolls, placed in a box or other receptacle, and drawn out by a child under ten (10) years of age, by the judge, or some person agreed upon by the district attorney general and the defendant.
Procedure for Summoning Jurors
22-2-307. Summoning jurors.
(a) The sheriff shall summon jurors by first class mail sent to the regular address of each member of the jury pool, giving notice of such person's selection for jury duty. The summons shall be mailed to the regular address at least ten (10) days prior to the date fixed for such person's appearance for jury service.
(b) Notwithstanding subsection (a), the sheriff may summon jurors by personal service.
(c) The jury coordinator shall provide sufficient information regarding the members of the jury pool to enable the sheriff to summon the jurors pursuant to this section.
(d) Notwithstanding subsections (a)-(c), the jury coordinator may, at the coordinator's discretion, summon the jurors by first class mail without the assistance of the sheriff.
22-2-306. Juror Summons — Contents.
(a) Each juror summons shall include the following:
(1) Name of the juror;
(2) Address of the juror;
(3) Date, time and place juror is required to appear in response to the summons or, in the alternative, date and method by which the juror is required to contact the jury coordinator or otherwise respond to the court regarding the juror's service;
(4) Penalty for juror's failure to appear or otherwise respond to the summons in the prescribed manner;
(5) Juror qualifications listed in §§ 22-1-101 and 22-1-102;
(6) Process by which the juror may attempt to be excused due to a hardship pursuant to § 22-1-103, including the juror's obligation to submit documentation in support of the juror's request; and
(7) Process by which the juror may request a postponement of jury service pursuant to § 22-2-315.
(b) The administrative office of the courts shall prepare a form juror summons that may be used by the jury coordinator in any county.
22-2-312. Selection and summons when no jury pool provided.
(a) If for any reason a jury pool is not furnished at any jury service term as provided by this part, then the presiding judge of the judicial district shall have the right to select a jury pool as may be needed during the jury service term.
(b) In all counties of this state, regardless of population, jurors required to try issues of fact in the chancery or other court, not supplied with regular jurors, may be summoned instanter, by order of the court, as in subsection (a).
Prohibition of Discrimination Against Jurors
N/A
Qualifications
22-1-101. Obligation to serve — Qualifications.
It is policy of this state that all qualified citizens have an obligation to serve on petit juries or grand juries when summoned by the courts of this state, unless excused. Every person eighteen (18) years of age, being a citizen of the United States, and a resident of this state, and of the county in which the person may be summoned for jury service for a period of twelve (12) months next preceding the date of the summons, is legally qualified to act as a grand or petit juror, if not otherwise incompetent under the express provisions of this title.
Disqualifications
Tenn Code 22-1-102. Incompetent persons.
The following persons are incompetent to act as jurors:
(1) Persons convicted of a felony or any other infamous offense in a court of competent jurisdiction; or
(2) Persons convicted of perjury or subornation of perjury.
Tenn Code 22-1-103. Excuse from service — Undue or extreme physical or financial hardship — Documentation — Permanent excuse.
(a) Any person may be excused from serving as a juror if the prospective juror has a mental or physical condition that causes that person to be incapable of performing jury service. The juror, or the juror's personal representative, must provide the court with documentation from a physician licensed to practice medicine, verifying that a mental or physical condition renders the person unfit for jury service.
(b) Any person, when summoned to jury duty, may be excused upon a showing that the person's service will constitute an undue or extreme physical or financial hardship to the prospective juror or a person under the prospective juror's care or supervision.
(1) A judge of the court for which the prospective juror was called to jury service shall make undue or extreme physical or financial hardship determinations unless a judge of that court delegates this authority to the jury coordinator. In the event this authority is not delegated to the jury coordinator, a judge of the court may authorize the jury coordinator to make initial inquiries and recommendations concerning such requests.
(2) A person asking to be excused based on a finding of undue or extreme physical or financial hardship shall take all actions necessary to have obtained a ruling on that request by no later than the date on which the person is scheduled to appear for jury duty.
(3) Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from that prospective juror's place of employment.
(4) A person requesting an excuse based on undue or extreme physical or financial hardship shall be required to provide the judge with income tax returns, medical statements from licensed physicians, proof of dependency or guardianship, an affidavit stating that the person is unable to obtain an appropriate substitute caregiver during the period of participation in the jury pool or on the jury, or similar documentation that the judge finds to clearly support the request to be excused. Failure to provide satisfactory documentation may result in a denial of the request to be excused.
(5) As used in this section, “undue or extreme physical or financial hardship" is limited to circumstances in which a prospective juror would:
(A) Be required to abandon a person under the juror's personal care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury;
(B) Incur costs that would have a substantial adverse impact on the payment of the juror's necessary daily living expenses or on those for whom the juror provides the principal means of support;
(C) Suffer physical hardship that would result in illness or disease; or
(D) Be deprived of compensation due to the fact that the prospective juror works out-of-state and the out-of-state employer is unwilling to compensate the juror pursuant to § 22-4-106 or that the prospective juror is employed by an employer who is not required to compensate jurors pursuant to § 22-4-106 and declines to do so voluntarily.
(c) Documents submitted pursuant to this section shall be maintained by the jury coordinator during the jury service term, but may be destroyed thereafter. These documents are not public records and shall not be disclosed, except pursuant to a court order; however, the jury coordinator shall maintain a list of members of the jury pool who were excused pursuant to this section, and that information shall be made available upon request.
(d) A person excused from jury service pursuant to this section becomes eligible for qualification as a juror following the period ordered by the court, which shall not exceed twenty-four (24) months. A person is excused from jury service permanently only when the deciding judge determines that the underlying grounds for being excused are of a permanent nature.
Tenn Code 22-1-104. Disqualification by interest or relationship.
No person may act as a juror in any case in which the person is interested, or in which either of the parties is connected with the person by affinity or consanguinity, within the sixth degree, as computed by the civil law, except by consent of all parties.
History
22-1-105. Discharge of unqualified jurors — Reasonable or proper cause.
A court may discharge from service a grand or petit juror who does not possess the requisite qualifications, or who is disqualified from such service, or for any other reasonable or proper cause, to be judged by the court. That a state of mind exists on the juror's part that will prevent the juror from acting impartially shall constitute such cause.
22-2-317. List of disqualified or potentially disqualified prospective jurors.
(a) The jury coordinator shall prepare or cause to be prepared a list of all persons disqualified or potentially disqualified as a prospective juror from jury service due to being a non-United States citizen, convicted of a felony, deceased, not a resident of this state, or not a resident of the county. The list must be prepared and sent to the administrator of elections according to the jury summons cycle used by the court clerk. Nothing in this section prevents the list from being sent more frequently. The list may be provided by mail, facsimile transmission, or email.
(b) The jury coordinator shall provide the administrator of elections with the following information about the disqualified juror:
(1) The full name of the disqualified juror;
(2) Current and prior addresses, if any;
(3) Telephone number, if available;
(4) Date of birth; and
(5) The reason the prospective juror was disqualified.
(c) After verifying that the person is a registered voter, the administrator of elections shall follow the procedures listed in § 2-2-106 or § 2-2-141.
(d) In addition to the list of names, if the jury coordinator has documentation showing the person's disqualification under subsection (a), the documentation may be forwarded to the administrator of elections.
Excusal or Exemptions
Tenn Code 22-1-103. Excuse from service — Undue or extreme physical or financial hardship — Documentation — Permanent excuse.
(a) Any person may be excused from serving as a juror if the prospective juror has a mental or physical condition that causes that person to be incapable of performing jury service. The juror, or the juror's personal representative, must provide the court with documentation from a physician licensed to practice medicine, verifying that a mental or physical condition renders the person unfit for jury service.
(b) Any person, when summoned to jury duty, may be excused upon a showing that the person's service will constitute an undue or extreme physical or financial hardship to the prospective juror or a person under the prospective juror's care or supervision.
(1) A judge of the court for which the prospective juror was called to jury service shall make undue or extreme physical or financial hardship determinations unless a judge of that court delegates this authority to the jury coordinator. In the event this authority is not delegated to the jury coordinator, a judge of the court may authorize the jury coordinator to make initial inquiries and recommendations concerning such requests.
(2) A person asking to be excused based on a finding of undue or extreme physical or financial hardship shall take all actions necessary to have obtained a ruling on that request by no later than the date on which the person is scheduled to appear for jury duty.
(3) Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from that prospective juror's place of employment.
(4) A person requesting an excuse based on undue or extreme physical or financial hardship shall be required to provide the judge with income tax returns, medical statements from licensed physicians, proof of dependency or guardianship, an affidavit stating that the person is unable to obtain an appropriate substitute caregiver during the period of participation in the jury pool or on the jury, or similar documentation that the judge finds to clearly support the request to be excused. Failure to provide satisfactory documentation may result in a denial of the request to be excused.
(5) As used in this section, “undue or extreme physical or financial hardship" is limited to circumstances in which a prospective juror would:
(A) Be required to abandon a person under the juror's personal care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury;
(B) Incur costs that would have a substantial adverse impact on the payment of the juror's necessary daily living expenses or on those for whom the juror provides the principal means of support;
(C) Suffer physical hardship that would result in illness or disease; or
(D) Be deprived of compensation due to the fact that the prospective juror works out-of-state and the out-of-state employer is unwilling to compensate the juror pursuant to § 22-4-106 or that the prospective juror is employed by an employer who is not required to compensate jurors pursuant to § 22-4-106 and declines to do so voluntarily.
(c) Documents submitted pursuant to this section shall be maintained by the jury coordinator during the jury service term, but may be destroyed thereafter. These documents are not public records and shall not be disclosed, except pursuant to a court order; however, the jury coordinator shall maintain a list of members of the jury pool who were excused pursuant to this section, and that information shall be made available upon request.
(d) A person excused from jury service pursuant to this section becomes eligible for qualification as a juror following the period ordered by the court, which shall not exceed twenty-four (24) months. A person is excused from jury service permanently only when the deciding judge determines that the underlying grounds for being excused are of a permanent nature.
22-2-309. Attendance of jurors — Excuse upon showing of sufficient cause.
(a) All persons summoned as members of the jury pool shall attend at the time and place designated in the summons, or otherwise respond as specified in the summons, unless excused pursuant to § 22-1-103, granted a postponement pursuant to § 22-2-315, or otherwise discharged in a manner authorized by this title or other binding legal authority.
(b) If a person who has been summoned but not excused or discharged pursuant to subsection (a) fails to appear for service or otherwise respond as directed, a show cause order shall issue and be served upon the person, requiring the person to appear at a date certain and show cause why the person should not be held in civil contempt of court for the person's failure to appear.
(c) Upon the appearance of any person served with a show cause order, the person may make the person's excuse known. If the person was summoned and if the excuse is sufficient in the opinion of a judge of the court for which the individual was called to jury service, the person shall be excused; but the person shall pay the cost incident to issuance and service of the show cause order, unless waived by the judge. If the excuse is insufficient, the person shall be adjudged in civil contempt of court and shall be assessed a civil penalty of not more than five hundred dollars ($500) and the costs of the show cause order. The court shall suspend payment of that portion of the civil penalty in excess of fifty dollars ($50.00) upon the condition that the person complete the jury service term for which the person was summoned. The civil penalty authorized by this subsection (c) is remedial in nature.
Limited Frequency of Jury Service
Tenn Code 22-2-314. Limitation on jury service.
A juror who has completed a jury service term shall not be summoned to serve another jury service term in any court of this state for a period of twenty-four (24) months following the last day of such service; however, the county legislative body of any county, may, by majority vote, extend the twenty-four-month period.
Who handles excusals is prescribed?
**deciding judge**
"(d) A person excused from jury service pursuant to this section becomes eligible for qualification as a juror following the period ordered by the court, which shall not exceed twenty-four (24) months. A person is excused from jury service permanently only when the deciding judge determines that the underlying grounds for being excused are of a permanent nature." (Tenn. Code Ann. § 22-1-103)
Deferral/Postponement of jury service allowed
22-2-315. Postponement of jury service.
(a) Notwithstanding any of the foregoing provisions, individuals scheduled to appear for jury service may request a postponement of the date of their initial appearance for jury service. When requested, postponements shall be granted by the jury coordinator; provided, that:
(1) The juror has not previously been granted a postponement;
(2) The prospective juror appears in person or contacts the jury coordinator by telephone, electronic mail, facsimile, or in writing to request a postponement; and
(3) Prior to the grant of a postponement and with the concurrence of the jury coordinator, the prospective juror fixes a date certain on which the juror will appear for jury service within twelve (12) months after the date on which the prospective juror originally was called to serve and on which date the court will be in session.
(b) Notwithstanding subsection (a), if a judge holding court in the county finds good cause to postpone the jury service term for a juror, the judge shall notify the juror and the jury coordinator in writing designating an alternate date to which the juror's service is postponed.
(c) A subsequent request to postpone jury service may be approved by a judge only on the basis of an extraordinary event, such as a death in the prospective juror's family, sudden grave illness or a natural disaster or national emergency in which the prospective juror is personally involved, that could not have been anticipated at the time the initial postponement was granted. Prior to the grant of a second postponement, the prospective juror must fix a date certain on which the juror will appear for jury service within twelve (12) months of the postponement and on which date the court will be in session.
(d) A juror who is granted a postponement pursuant to this section shall remain under summons to appear on the alternate date without the necessity of the issuance of a new summons; however, the jury coordinator may, at the coordinator's discretion, issue a new summons.
(e) The jury coordinator shall maintain a list of members of the jury pool whose service was postponed pursuant to this section, and that information shall be made available upon request.
Number of petit jurors for jury trial is prescribed?
**NOT SPECIFIED**
Tenn Code 22-2-310. Impaneling jurors — Additional jurors.
(a) The members of the grand and petit juries shall be made up as provided by law from the jury pool. In the event the original jury pool does not include a sufficient number of jurors, courts shall follow the procedures in subsection (b) for securing additional jurors. These additional names shall supplement, not replace, the original jury pool. These procedures shall be repeated, as necessary, until the grand and petit juries are completed.
(b)
(1) Regardless of whether a county utilizes the automated or manual method of jury selection, additional names shall be selected for the special jury pool in the same manner this part provides for the selection of the original jury pool. Likewise, these members of the special jury pool shall be summoned in the manner specified in § 22-2-307.
(2) In the event the presiding judge of the judicial district is unavailable for good cause, any judge of the court for which the jury pool is being selected may perform the duties required of the presiding judge.
(c)
(1) If a judge presiding over a trial discovers that the number of jurors constituting the panel, or venire, assigned to the trial is not adequate to secure a petit jury and that the jury pool has been exhausted or contains an insufficient number of jurors, the judge shall direct the jury coordinator to comply with subsection (b) unless the trial is pending in a county that utilizes the manual method of jury selection. In that event, the judge shall direct the jury coordinator to produce the jury box in open court, the judge shall open the box, and there shall be drawn from the box, as directed by the judge, the number of names deemed by the judge to be sufficient to secure a petit jury for that trial. These prospective jurors shall be summoned by personal service pursuant to § 22-2-307(b) if time constraints preclude compliance with the notice requirement in § 22-2-307(a).
(2) If a judge causes the jury box to be unlocked pursuant to subdivision (c)(1), the judge shall cause it to be relocked and sealed by the jury coordinator, and the judge shall write the judge's own name across the seal. The box then shall be returned by the jury coordinator to its place of keeping.
(d) In the event the names of jurors are selected pursuant to subsection (c) for service in a particular trial, the jury coordinator shall make a list of such names, but the names shall not be removed from the jury list and, in counties utilizing the manual method of jury selection, shall be returned to the jury box. Service on a jury pursuant to subsection (c) does not constitute jury service for purposes of § 22-2-314, and shall not disqualify or excuse any person from service on the regular juries if the person's name is regularly drawn.
(e) Jurors selected pursuant to this section may be excused for good cause.
History
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