2-209. DETERMINATION OF QUALIFICATION OF PROSPECTIVE JUROR — QUALIFICATIONS — PHYSICIAN’S CERTIFICATE OF DISABILITY. (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.

History:

[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.]