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chapter-43•Chapter 43 — Jurors
Unofficial online text published by the Kansas Office of Revisor of Statutes; the printed volumes of the Kansas Statutes Annotated are the authoritative version. Current through the 2025 session laws.
History: G.S. 1868, ch. 54, § 1; L. 1876, ch. 104, § 1; R.S. 1923, 43-101; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 2; L. 1876, ch. 104, § 2; R.S. 1923, 43-102; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 3; L. 1876, ch. 104, § 3; R.S. 1923, 43-103; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 6; R.S. 1923, 43-104; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 7; R.S. 1923, 43-105; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 8; L. 1876, ch. 104, § 4; R.S. 1923, 43-106; Repealed, L. 1971, ch. 176, § 22; July 1.
(a) At least 30 days before service is required, the clerk of the court of the county where such court is to be held shall draw from the jury box the names of 30 persons to serve as grand jurors and the names of 24 persons to serve as petit jurors. In the event that a county has appropriate base information programmed as a part of its computer operations so that it might comply with the spirit of the jury selection laws of Kansas, the jury commissioners may by local rule provide alternate methods for securing jury panels directly from the computer without the necessity of drawing names or cards from a wheel manually.
(b) Upon receipt of a list of all remaining legally qualified grand jurors from the court pursuant to K.S.A. 22-3002, and amendments thereto, the clerk of the court of the county where such court is to be held shall draw for a second time 15 names of persons to serve as grand jurors from such list. In the event that the county in which court is to be held has an alternate method for securing jury panels directly from the computer, the clerk shall use the computer to generate 15 names of persons to serve as grand jurors from such list.
History: G.S. 1868, ch. 54, § 9; R.S. 1923, 43-107; L. 1947, ch. 285, § 1; L. 1971, ch. 177, § 1; L. 2007, ch. 190, § 10; L. 2013, ch. 85, § 17; July 1.
History: G.S. 1868, ch. 54, § 10; R.S. 1923, 43-108; L. 1947, ch. 285, § 2; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 11; R.S. 1923, 43-109; L. 1947, ch. 285, § 3; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 12; R.S. 1923, 43-110; L. 1947, ch. 285, § 4; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 13; R.S. 1923, 43-111; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 14; R.S. 1923, 43-112; Repealed, L. 1971, ch. 176, § 22; July 1.
All jurors drawn for service in the district court, either at Independence or Coffeyville, shall be eligible to serve both at Independence or Coffeyville for and during the term for which they are drawn, if ordered to do so by the court or the judge, and during the time they serve as jurors, as herein provided, they shall appear for jury service in either such place as may be so ordered.
History: L. 1927, ch. 183, § 6; L. 1929, ch. 163, § 2; L. 2007, ch. 190, § 11; July 1.
All jurors drawn for service in the district court of Neosho county, either at Chanute or Erie, shall be eligible to serve both at Chanute and Erie for and during the terms for which they are drawn, if ordered to do so by the court or the judge, and during the time they serve as jurors, as herein provided, they shall appear for jury service in either such place as may be ordered.
History: L. 1957, ch. 203, § 2; L. 2007, ch. 190, § 12; July 1.
History: G.S. 1868, ch. 54, § 15; L. 1921, ch. 166, § 1; R.S. 1923, 43-113; L. 1947, ch. 285, § 5; L. 1957, ch. 292, § 1; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 16; R.S. 1923, 43-114; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 17; R.S. 1923, 43-115; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 18; L. 1903, ch. 342, § 1; L. 1913, ch. 215, § 1; L. 1915, ch. 189, § 1; R.S. 1923, 43-116; L. 1949, ch. 285, § 1; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1913, ch. 215, § 2; R.S. 1923, 43-117; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 19; R.S. 1923, 43-118; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 20; R.S. 1923, 43-119; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 21; R.S. 1923, 43-120; L. 1925, ch. 189, § 1; L. 1947, ch. 285, § 6; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 22; R.S. 1923, 43-121; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 23; L. 1876, ch. 104, § 5; R.S. 1923, 43-122; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 26; L. 1876, ch. 104, § 6; L. 1899, ch. 121, § 1; L. 1901, ch. 236, § 1; L. 1907, ch. 230, § 1; R.S. 1923, 43-123; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1907, ch. 231, § 1; R.S. 1923, 43-124; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 27; R.S. 1923, 43-125; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1868, ch. 54, § 28; R.S. 1923, 43-126; Repealed, L. 1947, ch. 285, § 7; June 30.
If any person shall ask, procure or offer to procure, for himself or for another person, a place upon any jury, or shall seek to have himself or another placed upon the list of jurors as by this act provided, he shall be deemed guilty of a misdemeanor, and fined not less than five dollars for each offense.
History: L. 1876, ch. 104, § 7; March 10; R.S. 1923, 43-127.
History: G.S. 1886, ch. 117, § 1; R.S. 1923, 43-128; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1886, ch. 117, § 2; R.S. 1923, 43-129; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1886, ch. 117, §§ 3, 4; R.S. 1923, 43-130, 43-131; Repealed, L. 1971, ch. 176, § 22; July 1.
History: G.S. 1886, ch. 116, § 1; R.S. 1923, 43-132; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1901, ch. 237, § 1; R.S. 1923, 43-133; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1903, ch. 341, § 1; R.S. 1923, 43-134; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1907, ch. 232, § 1; L. 1921, ch. 167, § 1; R.S. 1923, 43-135; L. 1953, ch. 242, § 1; L. 1967, ch. 278, § 1; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1907, ch. 232, § 2; R.S. 1923, 43-136; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1907, ch. 232, § 3; R.S. 1923, 43-137; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1907, ch. 232, § 4; R.S. 1923, 43-138; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1907, ch. 232, § 5; L. 1908, ch. 61, § 1; R.S. 1923, 43-139; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1907, ch. 232, §§ 6 to 8; R.S. 1923, 43-140 to 43-142; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1907, ch. 232, § 9; R.S. 1923, 43-143; L. 1943, ch. 188, § 1; L. 1949, ch. 286, § 1; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1907, ch. 232, §§ 10, 11; R.S. 1923, 43-144, 43-145; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1907, ch. 232, § 12; L. 1908, ch. 61, § 2; R.S. 1923, 43-146; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1907, ch. 232, § 13; L. 1920, ch. 35, § 1; R.S. 1923, 43-147; L. 1943, ch. 188, § 2; L. 1945, ch. 218, § 1; L. 1949, ch. 286, § 2; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1911, ch. 217, §§ 1 to 3; R.S. 1923, 43-148 to 43-150; Repealed, L. 1971, ch. 176, § 22; July 1.
History: L. 1953, ch. 241, §§ 1 to 3; Repealed, L. 1955, ch. 249, § 2; June 30.
History: L. 1955, ch. 249, § 1; Repealed, L. 1971, ch. 176, § 22; July 1.
The public policy of this state is declared to be that jury service is the solemn obligation of all qualified citizens, and that excuses from the discharge of this responsibility should be granted by the judges of the courts of this state only for reasons of compelling personal hardship or because requiring service would be contrary to the public welfare, health or safety; that all litigants entitled to trial by jury shall have the right to juries selected at random from a fair cross section of the community in the district wherein the court convenes; and that all citizens shall have the opportunity to be considered for service on juries in the district courts of Kansas.
History: L. 1971, ch. 176, § 1; July 1.
No person shall be excluded from service as a grand or petit juror in the district courts of Kansas on account of race, color, religion, sex, national origin, or economic status. Every juror, grand and petit, shall be a citizen of the state, resident of the county and possess the qualifications of an elector as now, or in the future established.
History: L. 1971, ch. 176, § 2; July 1.
As used in this act unless the context otherwise requires: (a) "Jury list" means a list of those persons qualified for jury duty in a county as such list is prepared in accordance with this act;
(b) "Commissioner" or "jury commissioner" means the judge or judges of the district court in each county, or a person appointed to serve as jury commissioner by a district court;
(c) "Wheel" means a container in which may be placed cards bearing the names of persons on the jury list of a county.
History: L. 1971, ch. 176, § 3; July 1.
The following persons shall be excused from jury service: (a) Persons unable to understand the English language with a degree of proficiency sufficient to respond to a jury questionnaire form prepared by the commissioner;
(b) persons under adjudication of incompetency;
(c) persons who within 10 years immediately preceding have been convicted of or pleaded guilty, or nolo contendere, to an indictment or information charging a felony;
(d) persons who have served as jurors in the county within one year immediately preceding; and
(e) a mother breastfeeding her child. Jury service shall be postponed until such mother is no longer breastfeeding the child.
History: L. 1971, ch. 176, § 4; L. 1998, ch. 195, § 3; L. 2000, ch. 42, § 1; L. 2006, ch. 11, § 2; March 16.
In addition to the persons excused from jury service in K.S.A.
43-158, and amendments thereto, the following persons may be excused from jury service by the court: (a) Persons so physically or mentally infirm as to be unequal to the task of ordinary jury duty;
(b) persons whose presence elsewhere is required for the public welfare, health or safety;
(c) persons for whom jury service would cause extraordinary or compelling personal hardship; and
(d) persons whose personal relationship to the parties or whose information or interest in the case to be tried is such that there is a probability such persons would find it difficult to be impartial.
History: L. 1971, ch. 176, § 5; L. 2000, ch. 42, § 2; July 1.
In all actions brought by or against any county, city or other municipal corporations, inhabitants of the same may be jurors if otherwise competent and qualified and may not be disqualified from serving as jurors in any such action for the sole reason of being taxpayers thereof.
History: L. 1971, ch. 176, § 6; July 1.
Each jury commissioner may require any person whose name has been selected for a jury list prepared in accordance with the provisions of K.S.A. 43-162, and amendments thereto, to answer in writing such questions as the commissioner may address to such person, relating to such person's name, age, residence, occupation and qualifications as a juror, with a view to the due and faithful jury service of such person and such questions involving similar matters relating to all persons living in such person's residence.
Any such person whose name has been selected for a jury list who fails or refuses to answer such questions in writing and signing such person's name thereto, shall be cited for contempt of court.
Any such person whose name has been selected for a jury list who willfully or corruptly makes false answers to such questions put to such person by the jury commissioner shall be guilty of a class A nonperson misdemeanor.
History: L. 1971, ch. 176, § 7; L. 1998, ch. 195, § 4; July 1.
All jury lists shall be prepared in accordance with the provisions of this act. Jury commissioners shall cause to be prepared under their supervision a list of persons qualified as jurors in each county. Jury lists shall be prepared from voter registration records of the county, lists of licensed drivers residing in the county or enumeration or census records for the county, in accordance with the intent and purposes of this act. On and after January 1, 1985, lists of holders of state-issued nondrivers' identification cards who reside in the county may also be used in the preparation of jury lists. Jury lists prepared from multiple sources may be used if one or more of the foregoing records is used as a material source in preparing the list. The commissioners shall cause the jury list of each county to be revised and updated by adding names of qualified jurors and removing names of those who have died, removed from the county, or who have otherwise become disqualified. For the purposes of preparation and revision of jury lists, commissioners shall have access to the voter registration records of the county, records of the division of vehicles pertaining to licensed drivers who reside in the county and enumeration or census records for the county. On and after January 1, 1985, commissioners shall have access to records of the division of vehicles pertaining to nondrivers' identification card holders who reside in the county, for the purposes of preparation and revision of jury lists.
History: L. 1971, ch. 176, § 8; L. 1981, ch. 202, § 1; L. 1983, ch. 162, § 1; July 1.
Jury commissioners shall cause cards to be prepared such that the name of each person on the jury list shall appear on one card. Such cards shall be of uniform kind and size. Such cards shall be placed in a wheel designated by the commissioner, and while in the wheel shall be thoroughly mixed. After such cards are thoroughly mixed in the wheel, cards may be drawn therefrom as provided in this act for selection of members of jury panels. There shall be one and only one wheel for each county, and the commissioner shall assure that it is kept securely locked and it shall be maintained under the control of the commissioner. In the event that a county has appropriate base information programmed as a part of its computer operations so that it might comply with the spirit of the jury selection laws of Kansas the jury commissioners may by local rule provide alternate methods for securing jury panels directly from the computer without the necessity of drawing names or cards from a wheel manually.
History: L. 1971, ch. 176, § 9; July 1.
Whenever it is necessary to secure a panel of jurors, or additional members for a panel of jurors, names shall be drawn from the wheel of the county as herein provided. If such panel of jurors, or additional names for a panel, is to be drawn to serve in the district court, the district judge, or a person appointed by the court for such purpose, shall make such drawing. If such panel, or additional names, are to be drawn for service in a court of the county other than the district court, the judge of any such court, or a person appointed by him for the purpose, shall make such drawing. There shall be drawn from the wheel a number of cards sufficient to make up the panel or to supply additional names of jurors for a panel, as may be directed by the commissioner. The person drawing names from the wheel shall be so situated that he is unable to see the name on any card before it is drawn.
History: L. 1971, ch. 176, § 10; July 1.
Each judicial district of the district court may direct from time to time, the number of jurors to be summoned for said court, and how long they shall be summoned before their attendance shall be required, and may make such rules and orders as it may deem proper, touching the jury service of the court, not inconsistent with the provisions hereof, and may enforce the same by attachment and fine not exceeding one hundred dollars ($100). Unexcused, nonattendance of a person summoned unless reasonable cause for such nonattendance be shown to the satisfaction of the court shall be punished by the imposition of a fine not exceeding one hundred dollars ($100) for each day of unexcused absence.
History: L. 1971, ch. 176, § 11; July 1.
At least twenty (20) days before the attendance date of a jury panel, and unless a different time period be established by local rule, the clerk of the district court shall summon the persons named by the jury commissioner to constitute such jury panel by mailing a written notice to each such person by restricted mail, as defined by K.S.A. 60-103. Between six (6) days after the mailing of such summons, and six (6) days previous to the sitting of such court, the clerk of the district court shall direct the sheriff to summon each of such persons from whom the clerk has received no return receipt, by giving personal notice to each person, or by leaving a written notice at his place of residence with some adult person; and shall return such lists to the court at the opening thereof, specifying the names of those who were summoned, and the manner in which each person was notified: Provided, That the jury commissioner may direct the clerk to use first class mail in lieu of restricted mail as herein provided and may further direct that personal service by the sheriff not be required.
History: L. 1971, ch. 176, § 12; L. 1972, ch. 191, § 1; July 1.
In all cases where an insufficient number of jurors appear or if a panel be exhausted by challenge or otherwise before the jury is sworn, the court may order the sheriff, other officer or the special jury clerk, as provided by subsection (b) of K.S.A. 1975 Supp. 43-169, to summon a sufficient number of other persons to complete the jury. The court may order such additional members summoned in the same manner as is provided for members of the original jury panel or otherwise.
History: L. 1971, ch. 176, § 13; L. 1975, ch. 254, § 1; July 1.
If by reason of death, sickness or other disability the judge before whom a jury trial has commenced is unable to proceed with the trial, another judge sitting in or assigned to the court in which the action is being tried, upon certifying that he has familiarized himself with the record of the trial, may proceed with and finish the trial.
History: L. 1971, ch. 176, § 17; July 1.
History: L. 1971, ch. 176, § 18; L. 1972, ch. 153, § 56; L. 1975, ch. 254, § 2; L. 1976, ch. 380, § 16; Repealed, L. 1978, ch. 350, § 17; January 1, 1979.
Whenever names of members of a jury panel or additional names for a jury panel have been drawn, the jury commissioner or jury clerk shall certify the list thereof to the clerk of the court where such panel or additional jurors are to serve. The clerk of such court shall issue proper summons for such persons to appear in such court for jury service on the date and at the time specified by the judge of such court.
History: L. 1971, ch. 176, § 19; July 1.
Jurors shall be paid the following fees from the county general fund:
(a) An amount, not less than $10 nor more than $50, as determined by the county commission, for each day of attendance, to attend court pursuant to this act; and
(b) mileage, at the rate authorized by law, for necessary travel in going to and returning from court pursuant to this act.
History: L. 1971, ch. 176, § 20; L. 2006, ch. 77, § 1; July 1.
If any provision of this act or the application thereof to any person or circumstance is held invalid, the invalidity shall not affect other provisions or applications of the act which can be given without the invalid provision or application, and to this end the provisions of this act are severable.
History: L. 1971, ch. 176, § 21; July 1.
(a) No employer shall discharge or threaten to discharge any permanent employee by reason of such employee's jury service, or the attendance or scheduled attendance in connection with such service, in any court of Kansas.
(b) Any employer who violates the provisions of this section:
(1) Shall be liable for damages for any loss of wages, actual damages and other benefits suffered by an employee by reason of such violation;
(2) shall be ordered to reinstate any employee discharged by reason of such employee's jury service; and
(3) may be enjoined from further violations of this section and ordered to provide other appropriate relief.
(c) Any individual who is reinstated to a position of employment in accordance with the provisions of this section shall be considered as having been on furlough or leave of absence during such period of jury service, shall be reinstated to employee's position of employment without loss of seniority, and shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such individual entered upon jury service.
(d) In any action or proceeding under this section, the court may award a prevailing employee who brings such action by retained counsel reasonable attorney fees as part of the costs. The court may award a prevailing employer reasonable attorney fees as part of the costs only if the court finds that the action is frivolous or brought in bad faith.
History: L. 1993, ch. 44, § 1; July 1.
(a) On and after July 1, 2013, any jury commissioner that receives information regarding citizenship from a prospective juror or court of this state that disqualifies or potentially disqualifies such prospective juror from jury service pursuant to K.S.A. 43-156, and amendments thereto, shall submit such information to the secretary of state in a form and manner approved by the secretary of state. Any such information provided by a jury commissioner to the secretary of state shall be limited to the information regarding citizenship and the full name, current and prior addresses, age and telephone number of the prospective juror, and, if available, the date of birth of the prospective juror. Any such information provided by a jury commissioner to the secretary of state shall be used for the purpose of maintaining voter registrations as required by law.
(b) This section shall be part of and supplemental to article 1 of chapter 43 of the Kansas Statutes Annotated, and amendments thereto.
History: L. 2013, ch. 85, § 1; July 1.
Revisor's Note: Later act, see 43-167, 60-248.
History: L. 1935, ch. 201, § 1; L. 1939, ch. 212, § 1; L. 1963, ch. 270, § 1; Repealed, L. 1971, ch. 176, § 22; July 1.
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