§612-4  Grounds of qualification and disqualification.  (a)  A prospective juror shall be qualified to serve as a juror if the prospective juror is:

     (1)  A citizen of the United States and State;

     (2)  At least eighteen years old;

     (3)  A resident of the judicial circuit; and

     (4)  Able to read, speak, and understand the English language.

     (b)  A prospective juror shall be disqualified to serve as a juror if the prospective juror:

     (1)  Is incapable, by reason of the prospective juror's disability, of rendering satisfactory jury service; provided that a prospective juror claiming this disqualification may be required to submit a physician's, physician assistant's, or advanced practice registered nurse's certificate as to the disability, and the certifying physician, physician assistant, or advanced practice registered nurse is subject to inquiry by the court at its discretion;

     (2)  Has been convicted of a felony in a state or federal court and not finally discharged or pardoned; or

     (3)  Fails to meet the qualifications in subsection (a).

     (c)  For purposes of this section, "finally discharged" means the person has received or is eligible to receive a certificate of discharge pursuant to section 831-5. [L 1973, c 191, pt of §1; gen ch 1985; am L 1996, c 168, §1; am L 2007, c 122, §3; am L 2009, c 151, §22; am L 2014, c 45, §15; am L 2023, c 155, §2]

Cross References

  Disqualification of judges, see §601-7.

Case Notes

  Membership in police force no disqualification.  187 F.2d 719 (1951).

  Fact that jury commissioners rejected for service with the grand jury persons convicted of misdemeanors though rejection was not legally required, did not invalidate jury list.  105 F. Supp. 727 (1952).

  Jury competence is an individual rather than a group or class matter.  105 F. Supp. 727 (1952).

  A juror is not disqualified to sit in a murder trial because juror is a remote connection by marriage of the deceased.  3 H. 381 (1872).

  Reference to race permitted under prior laws.  5 H. 501 (1885).

  Person holding commission as special constable, unpaid, not disqualified.  8 H. 10 (1890).

  Serving in jury not considered holding public office and legislator qualified.  8 H. 434 (1892).

  Juror's opinion formed on general talk leaving unconscious tendency one way or another, or find juror has sufficient knowledge of English though unable to define "impartial", etc.  20 H. 7 (1910).

  Demand for trial by jury in prayer of complaint insufficient.  24 H. 777 (1919).

  Action to quiet title, trial by jury.  28 H. 1 (1924), aff'd 7 F.2d 325 (1925).

  Examination on voir dire, right to reject not to select.  30 H. 697 (1929).

  Right to trial by jury, in partition.  30 H. 860 (1929).

  Subdivision (1) does not include sex.  In the absence of a showing of improper motive or injury to defendant, the fixing by the jury commission of a ratio between men and women to be included on the jury list, although irregular and not authorized by statute, does not warrant a quashal of an indictment.  45 H. 247, 365 P.2d 460 (1961).

  Where prospective jurors were able to speak and understand English, trial court properly refused to excuse jurors for cause.  80 H. 107, 905 P.2d 613 (1995).