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title-2•Title 2 — Juries and Jurors
Idaho Code, published by the Idaho Legislative Services Office. Idaho Statutes are updated to the website July 1 following the legislative session.
A jury is a body of men or women, or both, temporarily selected from the citizens of a particular county and invested with power to present or indict a person for a public offense or to try a question of fact.
[(2-101) C.C.P. 1881, sec. 73; R.S., R.C., & C.L., sec. 3935; C.S., sec. 6512; I.C.A., sec. 2-101; am. 1943, ch. 158, sec. 1, p. 320; am. 2000, ch. 70, sec. 1, p. 153.]
Juries are of three (3) kinds:
Grand juries.
Trial juries.
Juries of inquest.
[(2-102) C.C.P. 1881, sec. 74; R.S., R.C., & C.L., sec. 3936; C.S., sec. 6513; I.C.A., sec. 2-102.]
A grand jury is a body of men or women or both, sixteen (16) in number, returned in pursuance of law from citizens of the county before a court of competent jurisdiction and sworn to inquire of public offenses committed or triable within the county.
[(2-103) C.C.P. 1881, sec. 74; R.S., R.C., & C.L., sec. 3936; C.S., sec. 6513; I.C.A., sec. 2-102; am. 1953, ch. 87, sec. 1, p. 118.]
A trial jury is a body of men or women, or both, returned from the citizens of a particular county before a court or officer of competent jurisdiction and sworn to try and determine by a verdict a question of fact. Three-fourths (3/4) of the jury may render a verdict in a civil action, and such verdict shall have the same effect as a unanimous verdict.
[(2-104) C.C.P. 1881, sec. 76; R.S., sec. 3938; am. 1890-1891, p. 165, sec. 1; reen. 1899, p. 110, sec. 1; reen. R.C. & C.L., sec. 3938; C.S., sec. 6515; I.C.A., sec. 2-104; am. 1943, ch. 158, sec. 2, p. 320; am. 2000, ch. 70, sec. 2, p. 153.]
A trial jury consists of twelve (12) men or women or both: provided, that in civil actions the jury may consist of any number less than twelve (12) upon which the parties may agree in open court: and provided, further, that in cases of misdemeanor and in civil actions involving not more than five hundred dollars ($500), exclusive of costs, the jury shall consist of not more than six (6).
[(2-105) R.S., sec. 3939; compiled R.C., sec. 3939; reen. C.L., sec. 3939; C.S., sec. 6516; I.C.A., sec. 2-105; am. 1965, ch. 80, sec. 2, p. 130; am. 1978, ch. 80, sec. 1, p. 155.]
A jury of inquest is a body of men or women, or both, summoned from the citizens of a particular county, before the sheriff, coroner, or other ministerial officer to inquire of particular facts.
[(2-106) C.C.P. 1881, sec. 78; R.S., R.C., & C.L., sec. 3940; C.S., sec. 6517; I.C.A., sec. 2-106; am. 2000, ch. 70, sec. 3, p. 153.]
This act may be cited as the "Uniform Jury Selection and Service Act."
[2-201, added 1971, ch. 169, sec. 21, p. 799.]
It is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, and that all qualified citizens have the opportunity, in accordance with this act to be considered for jury service in this state and an obligation to serve as jurors when summoned for that purpose.
[2-202, added 1971, ch. 169, sec. 1, p. 799.]
A citizen shall not be excluded from jury service in this state on account of race, color, religion, sex, national origin, or economic status.
[2-203, added 1971, ch. 169, sec. 2, p. 799.]
As used in this chapter:
(1) "Court" means district courts of this state, including the magistrates division, and includes, when the context requires, any judge of the court;
(2) "Clerk" and "clerk of the court" mean the duly elected and acting clerk of the district court and ex officio auditor and recorder and duly appointed deputies;
(3) "Master jury list" means the voter registration lists for the county which shall be supplemented with names from other sources prescribed pursuant to section 2-206, Idaho Code, in order to foster the policy and protect the rights secured by sections 2-202 and 2-203, Idaho Code;
(4) "Voter registration lists" means the most current official records, maintained by the county clerk, of persons registered to vote in any national, state, county, or municipal election;
(5) "Jury selection system" means any physical device or automated system for the management of the names or identifying numbers of prospective jurors;
(6) "Prospective jury panel" means the list of names or identifying numbers of prospective jurors drawn at random from the master jury list pursuant to section 2-208, Idaho Code, and who are not disqualified pursuant to section 2-209, Idaho Code.
[2-204, added 1971, ch. 169, sec. 3, p. 799; am. 1978, ch. 82, sec. 1, p. 156; am. 2001, ch. 28, sec. 1, p. 34; am. 2005, ch. 190, sec. 1, p. 583.]
A jury commission is established in each county to manage the jury selection process under the supervision and control of the court. The jury commission shall be composed of the clerk of the district court and a jury commissioner appointed by the administrative judge. The jury commissioner shall serve until a successor is appointed and qualifies. The jury commissioner must be a citizen of the United States and a resident in the county in which the jury commissioner serves. The jury commissioner may be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of jury commission duties and may receive compensation at a per diem rate fixed by the administrative judge and payable from county funds, if not otherwise a county employee.
[2-205, added 1971, ch. 169, sec. 4, p. 799; am. 1974, ch. 26, sec. 6, p. 804; am. 1998, ch. 71, sec. 1, p. 266; am. 2002, ch. 94, sec. 1, p. 257; am. 2005, ch. 190, sec. 2, p. 583.]
(1) The jury commission for each county shall compile and maintain a county jury list consisting of the current voter registration list for the county supplemented with names from other lists of persons resident therein, such as lists of utility customers, property taxpayers, motor vehicle registrations, drivers’ licenses, and state identification cards, which the supreme court from time to time designates. The supreme court shall initially designate the other lists within ninety (90) days following the effective date of this act and exercise the authority to designate from time to time in order to foster the policy and protect the rights secured by sections 2-202 and 2-203, Idaho Code. In the alternative, and upon the consent of the supreme court, a jury commission may use the supreme court jury platform, including the county jury list derived therefrom, instead of compiling and maintaining a separate county jury list of its own.
(2) The supreme court shall compile and maintain a master jury list consisting of the current voter registration for the state supplemented with names from other lists of persons designated under subsection (1) of this section. The master jury list compiled and maintained by the supreme court shall be divided into county jury lists for use by the jury commissions authorized to use the supreme court jury platform.
(3) In compiling the master and county jury lists, the jury commission and the supreme court shall avoid duplication of names.
(4) Whoever has custody, possession, or control of any of the lists used in compiling the master or county jury lists, including those designated under subsection (1) of this section by the supreme court as supplementary sources of names, shall electronically transfer the list, including any changes, deletions and additions, and at the request of the jury commission or the supreme court, the custodian shall prepare a hard copy of the list and make the custodian’s records, from which the list was compiled, available for inspection, reproduction, and copying at all reasonable times.
(5) The master and county jury lists shall be open to the public for examination as provided by supreme court rule.
[2-206, added 1971, ch. 169, sec. 5, p. 799; am. 2005, ch. 190, sec. 3, p. 583; am. 2019, ch. 222, sec. 1, p. 682.]
(1) Updated information from the lists used to compile the master and county jury lists, including any changes, deletions and additions, shall be made to the master and county jury lists from time to time as determined by the jury commission or the supreme court, but at a minimum not less frequently than December of each odd-numbered year.
(2) In the alternative, or in addition to the procedure set forth in subsection (1) of this section, in December of each odd-numbered year, or more frequently as determined by the jury commission or the supreme court, the master and county jury lists shall be emptied and refilled as prescribed in section 2-206, Idaho Code.
(3) Pursuant to the provisions of subsections (1) and (2) of this section, the supreme court shall determine the method and timing of updating the master jury list, and the jury commission shall determine the method and timing of updating any county jury list that is separately compiled and maintained by a county.
[2-207, added 1971, ch. 169, sec. 6, p. 799; am. 1974, ch. 26, sec. 7, p. 804; am. 2002, ch. 94, sec. 2, p. 257; am. 2005, ch. 190, sec. 4, p. 584; am. 2019, ch. 222, sec. 2, p. 683.]
(1) The court or any other state or county official having authority to conduct a trial or hearing with a jury within the county may direct the jury commission to draw and assign to that court or official the number of qualified jurors deemed necessary for one (1) or more jury panels or as required by law for a grand jury. Upon receipt of the direction and in a manner prescribed by the court, the jury commission shall publicly draw at random, by use of a manual, mechanical, or automated system, from the county jury list the number of prospective jurors specified. Neither the names drawn nor the list shall be disclosed to any person except upon specific order of the presiding judge.
(2) Each person on the prospective jury panel shall be served with a summons, issued by the clerk of the court or the jury commissioner. The summons shall be served either personally, or by regular mail or certified mail, addressed to the prospective juror at that person’s usual residence, business or post office address.
(3) The clerk or the jury commissioner shall mail a qualification questionnaire form, accompanied by instructions, addressed to the prospective jurors at their usual residence, business or post office address. The qualification questionnaire form may be sent together with the summons in a single mailing to a prospective juror. The qualification questionnaire form shall be in a form prescribed by the supreme court. The qualification questionnaire form must be completed and returned to the clerk or the jury commissioner within ten (10) days from the date of mailing. The qualification questionnaire form shall elicit the name, address of residence, and age of the prospective juror and whether the prospective juror: (a) is a citizen of the United States of America and a resident of the county; (b) is able to read, speak and understand the English language; (c) has any disability impairing his capacity to render satisfactory jury service; and (d) has lost the right to serve on a jury because of a felony criminal conviction as provided by section 3, article VI, of the constitution of the state of Idaho, and who has not been restored to the rights of citizenship pursuant to section 18-310, Idaho Code, or other applicable law. The qualification questionnaire form shall contain the prospective juror’s declaration that his responses are true to the best of his knowledge and his acknowledgment that a willful misrepresentation of a material fact may be punished as a misdemeanor. Notarization of the completed qualification questionnaire form shall not be required. If the prospective juror is unable to complete the form, another person may do so on his or her behalf and shall indicate that such person has done so and the reason therefor. If it appears there is an omission, ambiguity, or error in a returned form, the clerk or the jury commissioner shall again send the form with instructions to the prospective juror to make the necessary addition, clarification, or correction and to return the form to the jury commission within ten (10) days after its second mailing.
(4) Any prospective juror who fails to return a completed qualification questionnaire form as instructed shall be directed by the jury commission to appear forthwith before the clerk or the jury commissioner to complete the qualification questionnaire form. At the time of his appearance for jury service, or at the time of interview before the court, clerk, or the jury commissioner, any prospective juror may be required to complete another qualification questionnaire form in the presence of the court, clerk, or the jury commissioner, at which time the prospective juror may be questioned, but only with regard to his responses to questions contained on the form and grounds for his excuse or disqualification. Any information thus acquired by the court, clerk, or the jury commissioner shall be noted on the qualification questionnaire form.
(5) A prospective juror who fails to appear as directed by the commission, pursuant to subsection (4) of this section, shall be ordered by the court to appear and show cause for his failure to appear as directed. A prospective juror who fails to appear pursuant to the court’s order may be subject to contempt proceedings under chapter 6, title 7, Idaho Code, and applicable rules of the supreme court, and the prospective juror’s service may be postponed to a new prospective jury panel as set by the presiding judge.
(6) Any person who willfully misrepresents a material fact on a qualification questionnaire form for the purpose of avoiding or securing service as a juror is guilty of a misdemeanor.
(7) The contents of the juror qualification questionnaire form shall be confidential to the extent provided by rules of the Idaho supreme court.
(8) The clerk or the jury commissioner may provide an opportunity to a prospective juror to complete and return the qualification questionnaire form through electronic mail, facsimile transmission, or other reliable means of communication prior to mailing the qualification questionnaire form to the prospective juror. If the prospective juror completes and returns the qualification questionnaire form in such manner, the qualification questionnaire form need not be mailed to the prospective juror.
[2-208, added 1971, ch. 169, sec. 7, p. 799; am. 1974, ch. 26, sec. 8, p. 804; am. 2002, ch. 94, sec. 3, p. 258; am. 2003, ch. 116, sec. 1, p. 360; am. 2005, ch. 190, sec. 5, p. 585; am. 2013, ch. 207, sec. 1, p. 494; am. 2019, ch. 222, sec. 3, p. 683.]
(1) The administrative district judge or administrative district judge’s designee, upon request of the clerk or the jury commissioner or a prospective juror or on its own initiative, shall determine on the basis of information provided on the qualification questionnaire form or interview with the prospective juror or other competent evidence whether:
(a) The prospective juror is not qualified to serve on a jury because he or she is unable to read, speak, and understand the English language; or
(b) The prospective juror is disqualified from service on a jury because of a disability which renders the prospective juror incapable of performing satisfactory jury service. 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.
(2) The clerk or the jury commissioner shall determine on the basis of information provided on the qualification questionnaire form or interview with the prospective juror or other competent evidence whether:
(a) The prospective juror is not qualified to serve on a jury because the person is not a citizen of the United States of America, eighteen (18) years of age, and a resident of the county; or
(b) The prospective juror is disqualified from serving on a jury because of a felony criminal conviction as provided by section 3, article VI, of the constitution of the state of Idaho, and who has not been restored to the rights of citizenship pursuant to section 18-310, Idaho Code, or other applicable law.
(3) A person who is disqualified from serving on a jury on the basis of any of the grounds set forth in subsections (1) and (2) of this section shall be excused from serving on a jury for a period of two (2) years following the disqualification. The administrative district judge, or a district judge or magistrate judge designated by the administrative district judge, may excuse a person disqualified under subsection (1)(b) of this section for a period of time greater than two (2) years, or may excuse such person permanently from serving on a jury. An order excusing such a person permanently or for a period of time greater than two (2) years shall be based upon a finding as to the nature and duration of the disability, based upon the information provided in the qualification questionnaire form, an interview with the prospective juror, or other competent evidence.
[2-209, added 1971, ch. 169, sec. 8, p. 799; am. 1972, ch. 8, sec. 1, p. 12; am. 1981, ch. 266, sec. 1, p. 565; am. 1996, ch. 189, sec. 1, p. 598; am. 2002, ch. 94, sec. 4, p. 259; am. 2005, ch. 190, sec. 6, p. 587.]
(1) The jury commission shall maintain a prospective jury panel and shall place therein the names or identifying numbers of all prospective jurors drawn from the county jury list who are not disqualified under section 2-209, Idaho Code.
(2) If there is an unanticipated shortage of available trial jurors drawn from a prospective jury panel, the court may require the sheriff to summon a sufficient number of trial jurors selected at random by the clerk from the county jury list in a manner prescribed by the court. The jurors whose names are drawn from the county jury list shall be served with a summons and shall complete the qualification questionnaire form in the manner prescribed in section 2-208, Idaho Code.
[2-210, added 1971, ch. 169, sec. 9, p. 799; am. 1978, ch. 79, sec. 1, p. 154; am. 1990, ch. 213, sec. 4, p. 490; am. 2001, ch. 120, sec. 1, p. 414; am. 2002, ch. 94, sec. 5, p. 260; am. 2005, ch. 190, sec. 7, p. 588; am. 2019, ch. 222, sec. 4, p. 684.]
No exemptions for any qualified prospective juror may be granted, except as provided in section 2-212(4), Idaho Code.
[2-211, added 1971, ch. 169, sec. 10, p. 799; am. 2005, ch. 190, sec. 8, p. 588; am. 2026, ch. 59, sec. 1, p. 254.]
(1) The court, or a member of the jury commission designated by the court, upon request of a prospective juror or on its own initiative, shall determine on the basis of information provided on the qualification questionnaire form or interview with the prospective juror or other competent evidence whether the prospective juror should be excused from jury service or have jury service postponed. The clerk or the jury commissioner shall keep a record of this determination.
(2) A person who is seventy (70) years of age or older shall be permanently excused if the person indicates on the qualification questionnaire form that he or she wishes to be excused. A person who requests to be excused on this basis shall be reinstated to the county jury list by submitting a written request asking to be reinstated for jury service.
(3) A person who is not disqualified for jury service under section 2-209, Idaho Code, may have jury service postponed by the court or the jury commissioner only upon a showing of undue hardship, extreme inconvenience, or public necessity, or upon a showing that the juror is a mother breastfeeding her child.
(a) Any person requesting a postponement shall provide a written statement setting forth the reason for the request and the anticipated date that the reason will no longer exist.
(b) The court or the jury commissioner may require a person requesting a postponement for any medical reason to provide a statement from a medical provider supporting the request.
(c) The postponement, if granted, shall be for a period of time as the court or the jury commissioner deems necessary, at the conclusion of which the person shall reappear for jury service in accordance with the direction of the court or the jury commissioner.
(4)(a) If the county clerk determines that there is a shortage of election personnel necessary to facilitate the operations of an upcoming county-run election, the county clerk may submit a request to the jury commission and the court to offer prospective jurors who request to be excused from jury service, or for a postponement of jury service, pursuant to subsections (2) and (3) of this section, the opportunity to volunteer for election service as poll workers in the next county-run election in lieu of jury service. The county clerk’s request shall specify the number of volunteer positions required, as well as the dates and times when such volunteers will need to be available.
(b) If a request is made by a county clerk pursuant to paragraph (a) of this subsection, the court may offer to prospective jurors who have grounds to be excused from jury service or to have jury service postponed the opportunity to serve as volunteer poll workers in accordance with the county clerk’s specified needs. The volunteer election service in lieu of jury service provided in this subsection shall be granted only for the number of positions requested by the county clerk and at the discretion of the court.
(c) If a prospective juror accepts the volunteer election service opportunity pursuant to this subsection and completes such service in a manner acceptable to the county clerk, the prospective juror shall be excused from jury service for the next two (2) years. The county clerk shall furnish to the jury commission the names of each prospective juror who accepted the election service in lieu of jury service provided in this subsection and shall indicate whether such prospective juror completed the election service. A prospective juror who accepts the election service pursuant to this subsection, but fails to complete the election service shall be reinstated to the county jury list.
[2-212, added 1971, ch. 169, sec. 11, p. 799; am. 1986, ch. 295, sec. 1, p. 742; am. 2002, ch. 94, sec. 6, p. 261; am. 2005, ch. 190, sec. 9, p. 588; am. 2019, ch. 222, sec. 5, p. 685; am. 2026, ch. 59, sec. 2, p. 254.]
(1) Within seven (7) days after the moving party discovered or by the exercise of diligence could have discovered the grounds therefor, and in any event before the trial jury is sworn to try the case, a party may move to stay the proceedings, and in a criminal case to quash the indictment, or for other appropriate relief, on the ground of substantial failure to comply with this chapter in selecting the grand or trial jury.
(2) Upon motion filed under subsection (1) of this section containing a sworn statement of facts which, if true, would constitute a substantial failure to comply with this chapter, the moving party is entitled to present in support of the motion the testimony of the jury commissioner or the clerk, any relevant records and papers not public or otherwise available used by the jury commissioner or the clerk, and any other relevant evidence. If the court determines that in selecting either a grand jury or a trial jury there has been a substantial failure to comply with this chapter, the court shall stay the proceedings pending the selection of the jury in conformity with this chapter, quash an indictment, or grant other appropriate relief.
(3) The procedures prescribed by this section are the exclusive means by which a person accused of a crime, the state, or a party in a civil case may challenge a jury on the ground that the jury was not selected in conformity with this chapter.
(4) The contents of any records or papers used by the jury commissioner or the clerk in connection with the selection process and not made public under section 2-206(5), Idaho Code, shall not be disclosed, except in connection with the preparation or presentation of a motion under subsection (1) of this section. The parties in a case may inspect, reproduce, and copy the records or papers at all reasonable times during the preparation and pendency of a motion under subsection (1) of this section.
[2-213, added 1971, ch. 169, sec. 12, p. 799; am. 2001, ch. 120, sec. 2, p. 414; am. 2005, ch. 190, sec. 10, p. 589; am. 2019, ch. 222, sec. 6, p. 685.]
All records and papers compiled and maintained by the jury commissioner or the clerk in connection with selection and service of jurors shall be preserved by the clerk for a minimum period of four (4) years and for any longer period ordered by the court.
[2-214, added 1971, ch. 169, sec. 13, p. 799; am. 1978, ch. 81, sec. 1, p. 155; am. 2005, ch. 190, sec. 11, p. 590.]
A juror shall be paid mileage for his travel expenses from his residence to the place of holding court and return at the same rate per mile as established by resolution of the county commissioners for county employees in the county where the juror resides and shall be compensated at the following rate, to be paid from the county treasury:
(1) Five dollars ($5.00), or a rate of more than five dollars ($5.00) up to twenty-five dollars ($25.00) as determined by the county commissioners of the county where the juror resides, for each one-half (1/2) day, or portion thereof, unless the juror travels more than thirty (30) miles from his residence, in which event he shall receive ten dollars ($10.00), or a rate of more than ten dollars ($10.00) up to fifty dollars ($50.00) as determined by the county commissioners of the county where the juror resides, for each one-half (1/2) day or portion thereof;
(2) Ten dollars ($10.00), or a rate of more than ten dollars ($10.00) up to fifty dollars ($50.00) as determined by the county commissioners in the county where the juror resides, for each day’s required attendance at court of more than one-half (1/2) day;
(3) Fifty dollars ($50.00) for each day’s required attendance at court that exceeds five (5) days for one (1) trial.
[2-215, added 1971, ch. 169, sec. 14, p. 799; am. 1982, ch. 213, sec. 1, p. 587; am. 2013, ch. 66, sec. 1, p. 161; am. 2018, ch. 257, sec. 1, p. 608.]
In any two (2) year period, or a longer period not to exceed five (5) years, as determined by the administrative judge of a judicial district, a person shall not be required:
(1) To serve or attend court for prospective service as a trial juror more than ten (10) court days, except if necessary to complete service in a particular case;
(2) To be available for jury service for a period to exceed six (6) months; provided however, that the administrative district judge for the judicial district in which a county is located may by order specify a shorter term of required availability for jury service;
(3) To serve on more than one (1) grand jury; or
(4) To serve as both a grand and trial juror.
Appearance for jury service, whether or not the roll is called, shall be credited toward required jury service. Appearance for jury service may include telephone standby as permitted by the administrative judge of the district.
[2-216, added 1971, ch. 169, sec. 15, p. 799; am. 1977, ch. 54, sec. 1, p. 105; am. 1978, ch. 83, sec. 1, p. 157; am. 2001, ch. 120, sec. 3, p. 415; am. 2002, ch. 94, sec. 7, p. 261.]
(1) An employer shall not deprive an employee of his employment, or threaten or otherwise coerce him with respect thereto, because the employee receives a summons, responds thereto, serves as a juror, or attends court for prospective jury service.
(2) Any employer who violates subsection (1) of this section is guilty of criminal contempt and upon conviction may be fined not more than three hundred dollars ($300).
(3) If an employer discharges an employee in violation of subsection (1) of this section the employee within sixty (60) days may bring a civil action for recovery of treble the amount of wages lost as a result of the violation and for an order requiring the reinstatement of the employee. If he prevails, the employee shall be allowed a reasonable attorney’s fee fixed by the court.
[2-218, added 1971, ch. 169, sec. 17, p. 799; am. 1987, ch. 65, sec. 1, p. 116.]
Administrative judges are authorized to delegate their duties and responsibilities under this act to district judges or magistrates within their respective districts.
[2-219, added 1971, ch. 169, sec. 18, p. 799; am. 1974, ch. 26, sec. 9, p. 804; am. 2022, ch. 36, sec. 1, p. 98.]
The supreme court may make and amend rules, not inconsistent with this act, regulating the selection and service of jurors and for the administration and payment of reimbursement to the counties of forty dollars ($40.00) per day for lengthy jury trials as provided in section 2-222, Idaho Code.
[2-220, added 1971, ch. 169, sec. 19, p. 799; am. 2018, ch. 257, sec. 2, p. 608.]
This act shall be so applied and construed as to effectuate its general purpose to make uniform the law with respect to the subject of this act among those states which enact it.
[2-221, added 1971, ch. 169, sec. 22, p. 799.]
(1) The supreme court shall reimburse the counties for moneys the county paid during the previous fiscal year for lengthy trial juror compensation under section 2-215(3), Idaho Code, from and to the extent that moneys are appropriated for this purpose by the legislature. On and after September 30, 2018, and each county fiscal year thereafter, any board of county commissioners may file an annual application with the administrative director of the courts requesting reimbursement of lengthy jury trial juror compensation in the amount set forth in subsection (2) of this section. The supreme court shall prescribe by rule the time within which an application must be filed, the form for the application and the information that must accompany each application.
(2) Each county whose application is approved by the administrative director of the courts shall receive moneys for the reimbursement of lengthy trial juror compensation paid by the county during the previous fiscal year. The amount of the reimbursement shall be forty dollars ($40.00) per juror and alternate juror for each day of jury service beyond the fifth day of required attendance at court relating to a trial, if there are sufficient moneys to fully reimburse every county whose application is approved. If there are insufficient moneys to fully reimburse every county whose application is approved, then each county shall receive only a percentage of its reimbursement request. The percentage shall be established by dividing the total amount of available moneys by the sum of all reimbursements requested by all counties.
[2-222, added 2018, ch. 257, sec. 3, p. 608.]
Grand juries shall not hereafter be drawn, summoned or required to attend at the sittings of any court within the state, as provided by law, unless the district judge as assigned by the administrative judge shall so order in writing. The order shall be filed with the clerk of the court and a copy of the order shall be delivered to the jury commission and prosecuting attorney.
[(2-501) R.S., sec. 3968; reen. 1899, p. 125, sec. 7; reen. R.C. & C.L., sec. 3968; C.S., sec. 6545; I.C.A., sec. 2-501; am. 2002, ch. 94, sec. 8, p. 262.]
Sixteen (16) persons shall constitute a grand jury, twelve (12) of whom shall constitute a quorum, and when of the jurors summoned, no more nor less than sixteen (16) attend they shall constitute the grand jury. If more than sixteen (16) attend the clerk shall call over the list summoned, and the sixteen (16) first answering shall constitute the grand jury. If less than sixteen (16) attend, the panel may be filled to sixteen (16).
[(2-502) C.C.P. 1881, sec. 106; R.S., R.C., & C.L., sec. 3969; C.S., sec. 6546; I.C.A., sec. 2-502; am. 2009, ch. 11, sec. 1, p. 14.]
Thereafter such proceedings shall be had in impaneling the grand jury as are prescribed by the criminal practice.
[(2-503) C.C.P. 1881, sec. 107; R.S., R.C., & C.L., sec. 3970; C.S., sec. 6547; I.C.A., sec. 2-503.]
The mode and manner of impaneling juries of inquest are provided for in the provisions of the different statutes relating to such inquests.
[(2-508) C.C.P. 1881, sec. 112; R.S., R.C., & C.L., sec. 3975; C.S., sec. 6552; I.C.A., sec. 2-508.]
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