A.R.S. tit. 21 | Title 21 — Juries

Chapter 1 Juries

Article 1 Kinds and Composition

§ 21-101 Definitions

In this title, unless the context otherwise requires:

"Juror pool" means the persons who are summoned and who report on a specific date to or for a specific location for either trial or grand jury service.
"Jury commissioner" means the clerk of the superior court, except that in any county having a population of more than five hundred thousand persons, the presiding judge of the superior court may appoint a jury commissioner.
"Jury manager" means the person who is responsible for jury management in a justice of the peace court or a municipal court.
"Jury panel" means a group of jurors who are drawn at random from the juror pool and who are assigned to a specific case or trial.
"Master jury file" means a list of prospective jurors who are randomly selected from the master jury list.
"Master jury list":

(a) Means a record of the names, addresses, dates of birth and, if available, telephone numbers and email addresses of eligible persons who reside in the county.

(b) Includes persons on the voter registration list of the county and other persons who are eligible for jury service and who have been licensed pursuant to title 28, chapter 8, article 4 or 5.

§ 21-102 Juries; size; degree of unanimity required; waiver; right to jury determination in certain civil actions

A. A jury for trial of a criminal case in which a sentence of death or imprisonment for thirty years or more is authorized by law shall consist of twelve persons, and the concurrence of all shall be necessary to render a verdict.

B. A jury for trial in any court of record of any other criminal case shall consist of eight persons, and the concurrence of all shall be necessary to render a verdict.

C. Until January 1, 2023, the presiding judge of the superior court in the county may order that a jury for trial in any court of record of a civil case shall consist of either six persons, and the concurrence of all but one shall be necessary to render a verdict or eight persons, and the concurrence of all but two shall be necessary to render a verdict. Beginning on January 1, 2023, a jury for trial in any court of record of a civil case shall consist of eight persons, and the concurrence of all but two shall be necessary to render a verdict.

D. In a court not of record, a jury for trial of any case shall consist of six persons. The concurrence of all in a criminal case and all but one in a civil case shall be necessary to render a verdict.

E. The parties in a civil case, and the parties with the consent of the court in a criminal case, may waive trial by jury, or at any time before a verdict is returned consent to try the case with or receive a verdict concurred in by a lesser number of jurors than that specified above.

F. Unless the parties waive trial by jury pursuant to subsection E of this section, in a civil action brought by or on behalf of the state for a violation of a statute that declares an act or practice unlawful, a jury shall determine liability, wilfulness and the amount of any available monetary remedies, including restitution, disgorgement and civil penalties.

Article 2 Jury Facilities

§ 21-121 Jury room

A. A room shall be provided by the board of supervisors of each county for use of the jury upon its retirement for deliberation, with suitable furniture, fuel, lights and stationery.

B. If the supervisors neglect to provide the facilities, the court may order the sheriff to do so, and the expense incurred by the sheriff in carrying the order into effect, when certified by the court, shall be a county charge.

§ 21-122 Expenses for food, lodging and other necessities; criminal and civil cases

While the jury is kept together, either during the progress of the trial or after retirement for deliberation, the court shall, at the expense of the county, provide the jury with suitable and sufficient food, lodging and other reasonable necessities, and the expense shall be a county charge in criminal cases. Such charges shall be assessed against the losing party in civil cases.

Article 3 Jury Commissioner

§ 21-131 Jury commissioner

A. The jury commissioner shall report to the presiding judge.

B. The presiding judge of the superior court shall set the salary of a jury commissioner who has been appointed by the presiding judge, subject to approval of the county board of supervisors.

C. The jury commissioner or jury manager may administer an oath or affirmation in relation to the examination of any matter contained in this title.

D. The jury commissioner may provide services to any court in the county if requested by that court.

E. The jury commissioner may appoint a designee to perform any act required of the jury commissioner pursuant to this title.

§ 21-132 Review of jury commissioner's or jury manager's action

If the jury commissioner or jury manager denies a person's request to be excused or disqualified from jury service and the person makes a written application for review, the presiding judge of the court to which the person has been summoned or another judge designated by the presiding judge shall decide whether the person should be excused or disqualified.

Chapter 2 Jurors

Article 1 Qualifications and Excuses

§ 21-201 Qualifications

Every juror, grand and trial, shall be at least eighteen years of age and meet the following qualifications:

Be a citizen of the United States.
Be a resident of the jurisdiction in which the juror is summoned to serve. A citizen whose name and address appears on the master jury list as required by section 21-301 is presumed to be a resident of the jurisdiction for the purposes of this section.
Never have been convicted of a felony, unless the juror's civil rights have been restored.
Is not currently adjudicated mentally incompetent or insane.

§ 21-202 Persons entitled to be excused from jury service

A. It is the policy of this state that all qualified citizens have an obligation to serve on juries when summoned by the courts of this state, unless excused.

B. On timely application to the court, the following persons shall be excused temporarily from service as a juror if the judge or jury commissioner finds that any of the following applies:

The prospective juror has a mental or physical condition that causes the juror to be incapable of performing jury service. The juror or the juror's personal representative shall provide to the court or jury commissioner a medical statement from a physician who is licensed pursuant to title 32, a physician assistant who is licensed pursuant to title 32, chapter 25 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 that explains an existing mental or physical condition that renders the person unfit for jury service. If a prospective juror does not have a physician, a physician assistant or a registered nurse practitioner, the prospective juror or the juror's personal representative shall provide a sworn statement from a professional caregiver for the prospective juror that is deemed acceptable by the court or jury commissioner and that explains the mental or physical condition that renders the prospective juror incapable of performing jury service. For the purposes of this paragraph:

(a) The statement shall be in writing and shall contain a description and duration of any mobility restrictions, the specific symptoms that make the prospective juror mentally or physically unfit for jury service and their duration, the employment status of the prospective juror and the printed name, signature, professional license number if applicable, area of specialty and contact information of the authorizing physician, physician assistant, registered nurse practitioner or professional caregiver.

(b) A form that complies with this paragraph shall be made available at courthouses, the Arizona medical board website, the Arizona regulatory board of physician assistants website, the Arizona board of osteopathic examiners in medicine and surgery website, the Arizona state board of nursing website and other appropriate locations that are identified by the court or jury commissioner.

Jury service by the prospective juror would substantially and materially affect the public interest or welfare in an adverse manner.
The prospective juror is not currently capable of understanding the English language.
Jury service would cause undue or extreme physical or financial hardship to the prospective juror or a person under the prospective juror's care or supervision. For the purposes of this paragraph:

(a) A judge or jury commissioner of the court for which the person was called to jury service shall determine whether jury service would cause the prospective juror undue or extreme physical or financial hardship.

(b) A person who requests to be excused under this paragraph shall take all actions necessary to obtain a ruling on the request before the date on which the person is scheduled to appear for jury duty.

(i) Would be required to abandon a person under the prospective juror's 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.

(ii) Would incur costs that would have a substantial adverse impact on the payment of the person's necessary daily living expenses or on those for whom the prospective juror provides regular employment or the principal means of support.

(iii) Would suffer physical hardship that would result in illness or disease.

(d) 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 the prospective juror's place of employment.

(e) A person who requests to be excused under this paragraph shall provide the judge or jury commissioner with documentation that supports the request to be excused, such as federal and state income tax returns, payroll records, medical statements from physicians licensed pursuant to title 32, physician assistants licensed pursuant to title 32, chapter 25 or registered nurse practitioners licensed pursuant to title 32, chapter 15, proof of dependency or guardianship or other similar documents. The judge or jury commissioner may excuse a person if the documentation clearly supports the request to be excused. These documents are not public records and shall not be disclosed to the general public.

The prospective juror is a peace officer who is certified by the Arizona peace officer standards and training board and who is employed as a peace officer by this state or any political subdivision of this state. The employer of a peace officer shall not in any way influence the peace officer to make or not to make an application to the court, pursuant to this section, to be excused from jury service.
A judge or jury commissioner of the court for which the person was called to jury service excuses the prospective juror for good cause based on a showing of undue or extreme hardship under the circumstances, including being temporarily absent from the jurisdiction or a lack of transportation.
The prospective juror is summoned within four years after the prospective juror's last day of service on a grand jury in this state. This paragraph does not apply to a person selected as an alternate grand juror.
The prospective juror is employed in the correctional officer class series by the state department of corrections.

C. Notwithstanding subsection B of this section, a prospective juror who is at least seventy-five years of age may submit a written statement to the court requesting that the person be excused from service. The prospective juror may request to be excused temporarily or permanently. On receipt of the request, the judge or jury commissioner shall excuse the prospective juror from service.

D. A person who is excused temporarily pursuant to this section becomes eligible for qualification as a juror when the temporary excuse expires unless the person is permanently excused from jury service.

E. A person may be permanently excused only if the deciding judge or jury commissioner determines that the underlying grounds for being excused are permanent in nature or the person is permanently excused under subsection C of this section.

F. If the judge, jury commissioner or jury manager permanently excuses the person from jury service, the person shall be notified that the person is permanently excused.

Article 2 Disqualification

§ 21-211 Disqualification

The following persons shall be disqualified to serve as jurors in any particular action:

Witnesses in the action.
Persons interested directly or indirectly in the matter under investigation.
Persons related by consanguinity or affinity within the fourth degree to either of the parties to the action or proceedings.
Persons biased or prejudiced in favor of or against either of the parties.

Article 3 Fees and Mileage

§ 21-221 Fees and mileage

A. Each juror shall be paid by the county:

For each day's attendance upon the superior court or justice court, twelve dollars.
For each mile necessarily traveled from his residence to the court and back to his residence, an amount equal to the amount paid to state officers and employees pursuant to section 38-623, subsection A. Reimbursement shall be at the computed mileage rate regardless of whether the travel is accomplished by private, rented or chartered motor vehicle. When a juror necessarily returns to his residence and travels back to court during the period of service because of a recess ordered by the court, he shall be paid on the same basis for such travel.

B. Attendance on the court shall include the first day a juror is required to attend and shall continue each day of actual attendance on the court thereafter, until the juror is either temporarily or permanently excused from jury service. Any juror who is excused from further attendance upon the first day of this appearance in obedience to a summons shall receive a mileage allowance only.

§ 21-222 Fair jury improvement fund

(Rpld. 7/1/31)

A. The fair jury improvement fund is established consisting of monies received from the additional fees paid on all filings, appearances, responses and answers pursuant to section 12-115 and monies appropriated by the legislature. The monies in the fund shall not be used for any purpose other than as prescribed in this section.

B. The supreme court shall administer the fund and shall adopt rules for administering the fund. Not more than three percent of the monies in the fund shall be used for the reasonable and necessary costs of administering the fund. On or before the fifteenth day of each month, on receipt of a request for reimbursement the supreme court shall transmit monies from the fund to a jury commissioner for monies paid to a juror under this section, together with a fee of not less than the amount prescribed in section 12-284, subsection A, class E for each application for payment of replacement or supplemental earnings by a juror.

C. Subject to the availability of monies, monies in the fund shall be used to:

Pay full or partial earnings replacement or supplementation to jurors who serve as petit jurors in the superior court and who receive less than full compensation. The amount of replacement or supplemental earnings shall be at least $40 but not more than $300 per day per juror beginning on the first day of jury service.
If monies are available in the fund after paying jurors pursuant to paragraph 1 of this subsection, pay for the management and storage of digital evidence and to facilitate the display of the evidence to the jury and court at a trial and related proceedings.

D. A person who serves as a petit juror in the superior court may submit a request for payment from the fund. The amount a juror receives from the fund is limited to the difference between the jury fee prescribed in section 21-221 and the actual amount of earnings a juror earns, not less than $40, up to the maximum level payable under subsection C, paragraph 1 of this section, minus any amount the juror actually received from the juror's employer during the same time period. A juror who requests payment from the fund:

Shall disclose on the form the juror's regular earnings, the amount the juror's employer will pay during the term of jury service starting on the first day and thereafter, the amount of replacement or supplemental earnings being requested and any other information that the jury commissioner deems necessary.
Before receiving payment from the fund, shall submit verification from the juror's employer, if any, regarding the earnings information that is provided under paragraph 1 of this subsection. This verification may include the employee's most recent earnings statement or a similar document.
In order to verify the weekly income if the juror is self-employed or receives compensation other than wages, shall provide a sworn affidavit attesting to the juror's approximate gross weekly income, together with any other information that the supreme court requires.

E. Jurors who are unemployed and are not eligible for payment pursuant to subsection C, paragraph 1 and subsection D of this section are eligible to be paid $40 per day, even if they receive income in the form of spousal maintenance, pensions, retirement, unemployment compensation, disability benefits or other similar income. Commissioners shall not deduct these other forms of income in calculating the amount these jurors are to be paid from the fund.

§ 21-223 Failure of juror to attend; fine

It is unlawful for a juror who is summoned and who fails to obtain a postponement or who is not excused from jury service to wilfully and without reasonable excuse fail to attend on the date scheduled for jury service. If the person fails to respond to a second summons the court may issue a body attachment as for a direct contempt of the court. The person may be fined an amount not to exceed five hundred dollars and may be compelled to attend for jury service on another date.

Article 4 Misconduct by or Involving Jurors

§ 21-233 Misconduct of challenged grand juror; classification

A grand juror who, with knowledge that a challenge interposed against him by a defendant has been allowed, is present at, or who takes part in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon, is guilty of a class 2 misdemeanor.

§ 21-235 Recording, listening to, observing proceedings unlawful; classification

A. A person who knowingly, by any means whatsoever, records all or part of the proceedings of any grand jury while it is in session or listens to or observes the proceedings of any grand jury of which he is not a member while such jury is in session is guilty of a class 2 misdemeanor.

B. This section does not prohibit:

The prescribed activities of the court, the prosecuting officer, a court reporter designated by the court, or an interpreter designated by the court.
The taking of notes by a grand juror in connection with and solely for the purpose of assisting him in the performance of his duties as such juror.
The appearance, for the purposes of giving the testimony, of a witness.
The appearance, for the purpose of presenting evidence when permitted pursuant to section 21-412, of a person being investigated and his counsel.

§ 21-236 Employment rights; automatic postponement; violation; classification

A. An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury duty, participating in the jury selection process or actually serving on a jury. This subsection does not require an employer to provide annual, vacation or sick leave to employees who are otherwise not entitled to such benefits under company policies.

B. An employer shall not refuse to permit an employee to serve as a juror. No employer may dismiss or in any way penalize any employee because the employee serves as a grand or trial juror. An employer is not required to compensate an employee when the employee is absent from employment because of jury service.

C. An employee shall not lose seniority or precedence while absent from employment due to serving as a member of a grand or trial jury. Upon return to employment the employee shall be returned to the employee's previous position, or to a higher position commensurate with the employee's ability and experience as seniority or precedence would ordinarily entitle the employee.

D. A court shall postpone and reschedule the service of a summoned juror of an employer with five or fewer full-time employees, or their equivalent, if during the same period another employee of that employer is serving as a juror. A postponement pursuant to this subsection does not affect a person's right to one automatic postponement under section 21-336.

E. A person who violates any provision of this section is guilty of a class 3 misdemeanor.

Chapter 3 Formation of Juries

Article 1 Jury List

§ 21-301 Master jury list; source lists

A. The jury commissioner shall produce a master jury list. The master jury list shall be comprised of the names, addresses, dates of birth and, if available, telephone numbers and email addresses of eligible persons who reside in the county and shall include persons on the voter registration list of the county, other persons eligible for jury service who have been licensed pursuant to title 28, chapter 8, article 4 or 5 and persons from other lists as determined by the supreme court. The master jury list shall be prepared so as to avoid duplication of the names of eligible juror candidates.

B. Not later than January 1 following each biennial general election, the county recorder shall provide the jury commissioner or jury manager with a list containing the names, addresses, dates of birth and, if available, telephone numbers and email addresses of all persons who are qualified to vote at the preceding general election. At least once every six months thereafter the county recorder shall provide the jury commissioner with the names, addresses, dates of birth and, if available, telephone numbers and email addresses of all additional persons who have registered as voters since the date of the last list.

C. On written request by a jury commissioner or jury manager, the director of the department of transportation shall furnish and periodically revise a list of the names, addresses, dates of birth and, if available, telephone numbers and email addresses of all persons in that county who are at least eighteen years of age and who have been licensed pursuant to title 28, chapter 8, article 4 or 5. Except as provided in section 21-312, a jury commissioner or jury manager may not disclose information furnished by the director of the department of transportation pursuant to this section to any person, organization or agency for any use other than the selection of jurors.

§ 21-302 Juror summoning; procedures

A. The superior court in each county shall summon trial jurors from the master jury list pursuant to rules adopted by the supreme court.

B. The superior court in each county shall summon grand jurors from the master jury list pursuant to rules adopted by the supreme court.

C. Jurors shall be summoned by using a countywide summoning method that is in compliance with the constitutions of the United States and this state.

D. A court may use alternative procedures for summoning jurors that are in compliance with the constitutions of the United States and this state by providing for the summoning of jurors from a fair cross section of the community as provided in a plan approved pursuant to rules adopted by the supreme court.

E. If the superior court in a county has multiple court locations, the court may propose alternative procedures for summoning jurors as provided in a plan approved by the supreme court or the presiding judge of the county in which the court is located. The alternative procedures may be designed to minimize the distance prospective jurors must travel and to avoid unnecessary travel expenses by dividing the county into jury districts or using a countywide juror summoning method that affords all qualified persons in the county an opportunity to be considered for jury service at any court location.

F. Except as provided in subsection H of this section, if multiple courts operate at one location, jurors may be summoned countywide or from the jurisdiction of the courts and pooled for use by any superior court or justice of the peace court at that location.

G. Only persons who reside within the city or town limits of the court are eligible for jury service in municipal court.

H. In counties with a population of two million persons or more, a person must reside within the precinct limits of the court to be eligible for jury service in a justice of the peace court.

Article 2 Selecting Persons for Prospective Jury Service

§ 21-311 Master jury file; master jury list

A. If a superior court uses a master jury file, the presiding judge of the superior court, on completion of the master jury list and at other times as necessary, shall order the jury commissioner to randomly select from the master jury list the number of names that are necessary to provide a sufficient number of persons for jury service during the ensuing six months or a shorter time period as the presiding judge deems appropriate. The persons who remain on the list at the end of the designated period may be retained and carried over once to the next succeeding master jury file.

B. To establish the master jury file the jury commissioner or the jury commissioner’s designee shall randomly select from the master jury list the number of names specified in the order.

C. If the presiding judge of the superior court believes that additional jurors will be required, the presiding judge may order the jury commissioner to randomly select additional names from the master jury list.

D. If a justice of the peace court or a municipal court uses a master jury file, the justice of the peace or the presiding municipal court judge, upon production of the master jury list pursuant to section 21-301 and at other times as necessary, shall order the jury manager to randomly select from the master jury list the number of names that are necessary to provide a sufficient number of persons for jury service during the ensuing six months or a shorter time period as the justice of the peace or the presiding judge deems appropriate. The jurors who remain on the list at the end of the designated period may be retained and carried over once to the next succeeding master jury file.

E. To establish the master jury file the jury manager or the jury manager’s designee shall randomly select from the master jury list the number of names specified in the order.

F. If the justice of the peace or the presiding municipal court judge believes that additional jurors will be required, the justice of the peace or the presiding municipal court judge may order the jury manager to randomly select additional names from the master jury list.

G. The use of a master jury file is optional.

§ 21-312 Juror records

A. The list of juror names or other juror information shall not be released unless specifically required by law or ordered by the court.

B. All records that contain juror biographical information are closed to the public and shall be returned to the jury commissioner, the jury manager or the court when jury selection is completed and may not be further disclosed or disseminated by a party or the party's attorney.

C. A random jury box seating list is confidential before use.

§ 21-313 Use of jury management automation systems; random selection

A. A jury management automation system may be used in the performance of the duties imposed by this title.

B. In any county where a jury management automation system is used, the jury commissioner or jury manager shall cause the device to be programmed to ensure random selection procedures.

C. The courts shall use random selection procedures throughout the juror selection process including:

Selecting persons to be qualified or summoned for jury service.
Assigning jurors to panels.
Calling jurors for voir dire.

§ 21-314 Juror questionnaire

A. The jury commissioner or jury manager shall use a questionnaire to determine whether a person is qualified to serve or has valid grounds to be excused or postponed from service. The jury commissioner or jury manager may require additional information from the person to make this determination. The jury commissioner or jury manager may determine juror qualifications, excuses and postponements at the same time.

B. The juror questionnaire shall inform the person that disqualification from jury duty as a result of responding to the questionnaire that the person is not a resident or is not a United States citizen will result in the person's voter registration being canceled.

C. The jury commissioner or jury manager may destroy the fully answered questionnaire ninety days after the commissioner or manager receives it.

D. The juror questionnaire may be included in the same mailing as the summons to attend the court as a juror or the questionnaire may be mailed before the summons.

E. The jury commissioner or jury manager may investigate the accuracy of the answers to the questionnaire and may call on law enforcement agencies and the county attorney for assistance in an investigation.

F. The jury commissioner or jury manager shall forward to the secretary of state and the county recorder a summary report derived from jury questionnaire data that contains information that indicates that a person is not a United States citizen or does not reside in the county. The report shall only contain the information that is necessary for the county recorder to accurately identify the person in the voter registration database.

§ 21-315 Excuse from service; investigation

A. If the jury commissioner or jury manager determines that a person has valid grounds to be excused or postponed from jury service, the person shall be notified accordingly.

B. The presiding judge may issue an order or the jury commissioner or jury manager may issue a subpoena for any person whose name appears on the master jury list to appear before the jury commissioner or the jury manager to testify under oath or affirmation concerning the person's qualifications, any grounds for excuse or the completion of an unreturned questionnaire.

Article 3 Summoning Jurors

§ 21-331 Procedure for summoning jurors

A. The jury commissioner or jury manager shall use either of the following methods for summoning persons for a particular juror pool:

The court shall order the jury commissioner or jury manager to summon a specific number of qualified jurors, at random, for either a trial jury or grand jury panel.
The jury commissioner or jury manager shall determine a specific number of persons to be summoned for a court location and date.

B. In counties in which multiple superior court locations exist, a juror shall not be summoned to more than one court location on the same date and is not required to serve in more than one court location on any specific date.

C. The summons shall be delivered by giving personal notice to each person, or by leaving a written notice to that effect at the person's place of residence, with some person of proper age and discretion, by telephone or by mailing such notice by first class mail, registered mail or certified mail.

D. Any person who fails to appear in response to a notice sent by first class mail shall be immediately resummoned by a notice sent by first class mail, registered mail or certified mail and shall not be subject to a body attachment or fine as provided in section 21-334 unless the juror fails to appear in response to this second summons. Notwithstanding section 21-301, subsection C, for any juror whose mail is returned as undeliverable, the jury commissioner or jury manager shall notify the county recorder who shall send a follow-up notice to the juror pursuant to section 16-166, subsection A, including information regarding possible removal from the voter registration rolls, and on completion of the notification process pursuant to section 16-166, the county recorder shall transfer the juror to the inactive voter list.

§ 21-332 Jurors' term of service; exemption

A. A person's jury service obligation is fulfilled when the person does any of the following:

Serves on one trial until being excused or discharged.
Appears at court but is not assigned to a trial division for selection of a jury before the end of that day.
Is assigned on one day to one or more trial divisions for jury selection and serves through the completion of jury selection or is excused.
Complies with a request to telephone a court or check a court's web site to determine whether to report on a particular day, for four days within a thirty day period.
Provides the court with a valid telephone number and stands ready to serve on the same day, for a period of two days.

B. A presiding judge of a county superior court, in coordination with the jury commissioner, may apply to the supreme court for an exemption for the county from this section for a specified period of time, not to exceed one year.

§ 21-335 Frequency of service; exemption

A. A juror who has been summoned and selected to serve on a jury in this state is not required to serve again as a juror in any court in this state for two years following the last day of the juror's service.

B. A presiding judge, in coordination with the jury commissioner, may apply to the supreme court for an exemption from this section for a specified period of time, not to exceed one year.

§ 21-336 Postponement of jury service

A. Persons who are scheduled to appear for jury service may postpone the date of their initial appearance for jury service two times only. On request, postponement shall be granted if all of the following apply:

The prospective juror has not been granted two prior postponements.
The prospective juror appears in person or contacts the jury commissioner by telephone or electronic mail or in writing to request a postponement.
A postponement shall be within a time period determined by the jury commissioner and shall be a date when the court will be in session.

B. A jury commissioner may approve a subsequent request for postponement of jury service only in the event of an extreme emergency that could not have been anticipated at the time the initial postponement was granted. The prospective juror is subject to being resummoned at the discretion of the jury commissioner.

Chapter 4 Grand Juries

Article 1 General Provisions

§ 21-401 Definitions

In this chapter, unless the context otherwise requires:

"Alternate grand jurors" means the additional grand jurors who are selected and sworn at the time of impanelment but who are not designated as permanent jurors until the presiding judge of the superior court or a designee has permanently excused a duly impanelled and sworn permanent grand juror.
"Grand jury" means a body of the required number of qualified persons who are duly convened and impanelled by the presiding judge of the superior court and who are sworn to inquire into public offenses that may be tried within the county, including corrupt or willful misconduct in office of public officials within the county.
"Indictment" means an accusatory statement that is in writing, that is presented by the grand jury to the superior court and that charges the commission of a public offense that may be tried within the county.

§ 21-402 Calling grand jury

A. In a county with a population of two hundred thousand persons or more a grand jury shall be called every four months each year by the presiding judge of the superior court. Each grand jury shall sit until a new grand jury has been impanelled to replace it or until its term expires pursuant to section 21-403. Additional grand juries shall be called on petition of the county attorney stating the reasons therefor.

B. In a county with a population of less than two hundred thousand persons the presiding judge of the superior court may call a grand jury either:

If, in the judge's sole discretion, the judge determines the public interest requires a grand jury.
On petition of the county attorney.

§ 21-403 Term of grand jury

A. Grand juries called pursuant to section 21-402 shall serve for a term designated by the presiding judge of the superior court which shall not exceed either:

One hundred twenty days if the grand jury is called pursuant to section 21-402, subsection A.
One hundred eighty days if the grand jury is called pursuant to section 21-402, subsection B.

B. If at the end of such period the grand jury is serving in connection with unfinished inquiries or investigations, the presiding judge may extend the term, upon petition by the county attorney stating the reasons therefor, until the conclusion of the investigation.

§ 21-404 Grand jurors; number; quorum

The order to form a grand jury shall specify the number of jurors to constitute the grand jury. The grand jury shall consist of at least twelve but not more than sixteen persons, nine of whom constitute a quorum for all proceedings before it.

§ 21-405 Change in presiding judge or county attorney; effect

Neither the term nor the powers of a grand jury shall be affected by the fact that a different individual or individuals shall occupy the position of presiding judge or the office of county attorney from time to time.

§ 21-406 Absence

A. At any time, for good cause, the presiding judge of the superior court or a designee may excuse a grand juror temporarily or permanently. If a grand juror is excused permanently, the presiding judge of the superior court or a designee may replace the excused juror with an alternate grand juror so as to maintain the original membership at the prescribed number of persons. The alternate grand juror shall be selected as prescribed by chapter 3 of this title.

B. A grand juror shall not vote on any matter on which evidence has been taken in the juror's absence or before the juror's impanelment.

§ 21-407 Duties of grand jurors

A. The grand jurors shall inquire into every offense which may be tried within the county which is presented to them by the county attorney or other prosecuting officer at the request of the county attorney, or by the attorney general as a special prosecutor appointed by the presiding judge of the superior court for the purpose of proceedings under section 21-408, subsection B, or section 38-344, and shall have access to all jails, public institutions, and public records.

B. If a grand juror knows of or has reason to believe that an offense which may be tried within the county has been committed he shall report such knowledge or belief to the county attorney or to the presiding judge of the superior court. If an investigation of such alleged offense is undertaken under a charge to the grand jury as provided in subsection B of section 21-409, the grand juror may be sworn as a witness.

§ 21-408 Attendance of prosecuting attorney

A. The county attorney or other prosecuting officer shall attend the grand jurors when requested by them, and may do so although not requested for the purpose of examining witnesses, in their presence, or of giving the grand jurors legal advice regarding any matter cognizable by them. He shall also, when requested by them, draft indictments and cause process to issue for the attendance of witnesses and other evidence.

B. If a charge against or an offense personally involving the prosecuting attorney, or an assistant prosecuting attorney or any one employed by the office of the prosecuting attorney is being investigated by the grand jury, neither such prosecuting attorney nor anyone employed by the office of such prosecuting attorney, including such person or persons under investigation, shall be allowed to be present before the grand jury when such charge is being investigated other than as a witness. The person under investigation after making an appearance as a witness shall leave the place where the grand jury is holding its session.

§ 21-409 Duties of court; examination; charge; advice; appointment of foreman

A. When a grand jury is summoned and appears, the court and the county attorney or other prosecuting officer shall examine the jurors regarding their qualifications as such jurors.

B. After the grand jury has been sworn and impanelled the court on advice of the county attorney shall charge it concerning the matters that may be considered by it and concerning the duties of the grand jurors in respect thereto.

C. On request of the grand jury, the court shall advise that body at all reasonable times regarding their legal duties.

D. When the grand jury is sworn and impanelled, the court shall appoint one of the jurors to be foreman, and another juror to act as foreman in the absence of such foreman.

§ 21-410 Swearing of witness

A. The foreman or acting foreman shall administer an oath or affirmation in the manner prescribed by law to any witness called to testify before the grand jury.

§ 21-411 Appointment of reporter; transcript

A. The presiding judge of the superior court shall appoint a regularly appointed court reporter to record the proceedings before the grand jury, except the deliberations of the grand jury. The reporter's notes containing the proceedings from which an indictment is returned shall be transcribed and filed with the clerk of the superior court not later than twenty days following the return of the indictment, unless the court otherwise orders. Such transcript shall be made available to the prosecuting officer and the defendant. The transcript or a portion of the transcript may be denied to a defendant by the court upon a showing of extraordinary circumstances by a prosecuting officer. The reporter's notes which are not transcribed as provided in this section shall be filed with the clerk of the superior court and impounded and shall be transcribed only when ordered by the presiding judge of the superior court.

B. The reporter and typists who transcribe the reporter's notes of grand jury proceedings shall be sworn by the foreman or acting foreman not to disclose any testimony or the name of any witness except to the county attorney or other prosecuting officer or when testifying in court.

§ 21-412 Evidence on behalf of person under investigation

The grand jurors are under no duty to hear evidence at the request of the person under investigation, but may do so. The person under investigation shall have the right to advice of counsel during the giving of any testimony by him before the grand jury, provided that such counsel may not communicate with anyone other than his client. If such counsel communicates with anyone other than his client he may be summarily expelled by the court from the grand jury chambers. The grand jurors shall weigh all the evidence received by them and when they have reasonable ground to believe that other evidence, which is available, will explain away the contemplated charge, they may require the evidence to be produced.

§ 21-413 Indictment upon probable cause

The grand jury shall return an indictment charging the person under investigation with the commission of a public offense if, from all the evidence taken together, it is convinced that there is probable cause to believe the person under investigation is guilty of such public offense.

§ 21-414 Number of grand jurors necessary to indict

A. An indictment shall not be returned without concurrence of at least nine grand jurors. When an indictment is returned, the foreman or acting foreman shall endorse it a "true bill" and sign it.

B. An indictment shall not be dismissed on the ground that one or more members of the grand jury were not legally qualified if it appears that nine or more qualified jurors concurred in returning the indictment.

§ 21-415 Presentation of indictment

The indictment shall be presented by the foreman or acting foreman to the court in the presence of the grand jury.

§ 21-416 Failure to indict person in custody or on bail

If the defendant is in custody or has given bail on a charge investigated by the grand jury and nine jurors do not concur in finding an indictment, the foreman or acting foreman shall so report to the court in writing forthwith.

§ 21-417 Discharge of grand jury

The presiding judge of the superior court shall discharge a grand jury upon the expiration of the term of such grand jury unless the term is extended as provided in section 21-403.

Article 2 State Grand Jury

§ 21-421 State grand juries; impaneling; term

A. Upon written application by the attorney general there shall be a state grand jury with jurisdiction extending throughout the state impaneled each year by any superior court judge designated from time to time as a state grand jury assignment judge by the chief justice of the Arizona supreme court. Such assignment judge shall serve at the pleasure of the chief justice. A state grand jury shall be impaneled within the county in which the assignment judge is serving.

B. Whenever the attorney general determines it to be in the best interest to convene additional state grand juries, he may apply in writing to the chief justice of the Arizona supreme court for the designation of an additional assignment judge and the chief justice shall designate an additional assignment judge in accordance with the provisions of this article. Such assignment judge shall serve at the pleasure of the chief justice. Such assignment judge may, for good cause shown, impanel an additional state grand jury in accordance with the application, in which event such state grand jury shall have statewide jurisdiction. In making his determination as to the need for impaneling an additional state grand jury, the assignment judge may require a showing that the matter cannot be effectively handled by a county grand jury or an existing state grand jury. At no one time shall more than three state grand juries be impaneled.

C. The regular term of the state grand jury shall be six months. The term may be shortened by the assignment judge at the request of the attorney general. The term may be extended by the assignment judge for a specified time period upon a verified, written petition by the attorney general stating that an extension is needed to conclude a grand jury inquiry begun prior to the expiration of its term.

§ 21-422 Powers and duties

A. The law applicable to county grand juries, including their powers, duties and functions, applies to the state grand juries except insofar as it is in conflict with this article. The supreme court shall adopt rules to govern the procedures of state grand juries.

B. The state grand jury shall investigate and return indictments for only those offenses or violations of law arising out of or in connection with:

The determination or collection of state taxes, the registration or failure to register securities, the offer or sale of securities, the offer or sale of interests in land, the formation or operation of banks, insurance companies, pension funds, labor unions, professional sports enterprises, corporate enterprises or business enterprises, the making or collecting of loans, events leading to receivership or declaration of bankruptcy by a business enterprise, the sale or purchase of goods or services by or for the state or political subdivisions, bribery, obstruction of justice, hindering prosecution or any form of intentional, knowing or corrupt misconduct involving any person compensated by public funds.
Any fraud, theft or possession, receipt, sale or transportation of stolen property or other contraband, or gambling or prostitution or narcotics, that occurs in more than one county or that occurs in one county and affects the residents of another county or that may be prosecuted by more than one county attorney.
Perjury, false swearing or unsworn falsification, or any violation of title 13, chapter 28 in connection with any state grand jury proceeding, committed by any person testifying before it or in any trial or other proceeding involving any indictment returned by a state grand jury.
Any perjury by subornation or attempted perjury by subornation relating to testimony before it or in any trial or other proceeding involving any indictment returned by a state grand jury.
Any violation of title 13, chapter 23 or section 38-421 or 39-161.
Any violation of title 13, chapter 35.1 if committed using a computer or network as defined in section 13-2301 and if any part of the conduct either:

(a) Occurs in more than one county, state or country.

(b) Affects the residents of another county, state or country.

Any violation of title 13 or 46 if the victim is a vulnerable adult as defined in section 13-3623 or 46-451.
Any criminal wrongdoing that is referred in writing by a county attorney and that is accepted in writing by the attorney general.

C. If a state grand jury, pursuant to an investigation under subsection B of this section, learns of an offense for which it lacks jurisdiction to indict, the grand jury shall direct the attorney general to inform the appropriate prosecutorial authority.

D. This article does not limit the jurisdiction of the county grand juries or county attorneys, nor shall an investigation by a state grand jury be deemed preemptive of a previously instituted investigation by another grand jury or agency having jurisdiction under the same subject matter unless good cause is shown.

§ 21-423 Jurors; judicial supervision

A. A state grand jury shall consist of the same number of members as a county grand jury. The residence and qualifications of the members of the state grand jury shall be determined according to rules adopted by the supreme court which, at its discretion, depending on the nature of the matters to be investigated, may permit the jury members to be residents of either one county or several counties.

B. The jury commissioner of the county in which the assignment judge is serving shall cause the panel members to be summoned for service.

C. Judicial supervision of the state grand jury shall be maintained by the assignment judge and all indictments, presentments and formal returns of any kind made by a state grand jury shall be returned to the assignment judge.

§ 21-424 Presentation of evidence to state grand jury

Presentation of evidence shall be made to a state grand jury by the attorney general or his designee.

§ 21-425 Designation of venue; consolidation

Any indictment or presentment by any state grand jury shall be returned to the assignment judge and shall include a finding as to the county or counties in which the alleged offense or violation of law was committed. Thereupon, the assignment judge shall, by order, designate the county of venue for the purpose of trial. The assignment judge may, by order, direct the consolidation of an indictment returned by a county grand jury with an indictment returned by a state grand jury and fix venue for trial.

§ 21-426 Duty of the attorney general to advise county attorney of investigations and indictments

The attorney general shall advise the county attorney in any affected county of the nature of the state grand jury investigation and of any indictments to be returned by the state grand jury unless such disclosures will create a substantial likelihood of a conflict of interest for the county attorney.

§ 21-427 Attendance of prosecuting attorney; prosecution of indictments; issuance of subpoenas

A. The attorney general or his designee shall attend the state grand jury in the manner prescribed by section 21-408.

B. The attorney general or his designee shall prosecute all indictments returned by a state grand jury. The attorney general, at his discretion, may commence a prosecution by way of a complaint for any offense within the jurisdiction of the state grand jury.

C. The attorney general or his designee shall have authority to issue subpoenas in furtherance of matters cognizable by a state grand jury in accordance with the provisions of title 13, chapter 38, article 21, and for trials and other proceedings involving any and all indictments returned by a state grand jury.

§ 21-428 Costs and expenses; state grand jury

A. In addition to the fees and amounts stated in section 21-221, persons serving on a state grand jury shall be provided by the county in which the assignment judge is serving with reasonable per diem expenses as established by the supreme court.

B. The costs and expenses incurred by a county arising out of or in connection with impaneling a state grand jury and for the performing of its functions and duties or arising out of the prosecution and trial of state grand jury indictments shall be paid for by the state out of monies appropriated to the supreme court for these purposes. The total amount that may be spent in any fiscal year by this state for state grand jury costs and expenses may not exceed the amount appropriated in the general appropriations act for this purpose, together with additional amounts appropriated by any special legislative appropriation for state grand jury costs and expenses. The supreme court shall approve county requests for reimbursement after certification by the assignment judge that the amount requested is owed.

C. All costs and expenses incurred by the attorney general arising out of the investigation, prosecution and trial of matters cognizable by a state grand jury are payable from monies appropriated to the attorney general for these purposes.

Title 21 — Juries