§ 16-32-109 - Selection upon challenge by litigant.
16-32-109. Selection upon challenge by litigant.
(a) (1) A challenge to the use of the names selected by the jury commissioners and placed in the jury wheel or box for the drawing of trial panels therefrom may be made only by a litigant in a particular case.
(2) If the trial judge sustains the challenge to the use of names in the jury wheel or box for the drawing of trial jurors, he shall appoint a jury commission of not less than three (3) persons, qualified and sworn as commissioners as provided by law, to select such a number of persons as the judge may designate from the current voter registration list in the manner provided by 16-32-103(a)-(d). The list of persons, upon being summoned, shall constitute the panel of jurors for the trial of the cause.
(3) If the panel is exhausted prior to the formation of the trial jury for any reason, the commissioners shall be reconvened and additional names selected as provided in this section and placed on the list to be summoned as special jurors in such numbers as is deemed necessary to complete the jury for the trial of the cause.
(b) (1) A challenge to the jury drawn from the jury wheel or box may be made by a litigant in a particular case and shall be sustained by the court if it shall appear that there was a substantial irregularity in the drawing or summoning of the jury.
(2) In such a case, the court shall order, in open court, another panel drawn for the trial of the case and other cases in which a similar challenge is sustained.