13-5-1 - Who are competent jurors; determination of literacy.
§ 13-5-1. Who are competent jurors; determination of literacy.
Every citizen not under the age of twenty-one years, who is either a qualified elector, or a resident freeholder of the county for more than one year, is able to read and write, and has not been convicted of an infamous crime, or the unlawful sale of intoxicating liquors within a period of five years and who is not a common gambler or habitual drunkard, is a competent juror. No person who is or has been within twelve months the overseer of a public road or road contractor shall, however, be competent to serve as a grand juror. The lack of any such qualifications on the part of one or more jurors shall not, however, vitiate an indictment or verdict. Moreover, no talesman or tales juror shall be qualified who has served as such talesman or tales juror in the last preceding two years, and no juror shall serve on any jury who has served as such for the last preceding two years. No juror shall serve who has a case of his own pending in that court, provided there are sufficient qualified jurors in the district, and for trial at that term.
In order to determine that prospective jurors can read and write, the presiding judge shall, with the assistance of the clerk, distribute to the jury panel a form to be completed personally by each juror prior to being empaneled as follows:
"1. Your name ________ Last ________ First ________ Middle initial
2. Your home address ________
3. Your occupation ________
4. Your age ________
5. Your telephone number ________ If none, write none
6. If you live outside the county seat, the number of miles you live from the courthouse ________ Miles
__________________
Sign your name"
The judge shall personally examine the answers of each juror prior to empaneling the jury and each juror who cannot complete the above form shall be disqualified as a juror and discharged.
A list of any jurors disqualified for jury duty by reason of inability to complete the form shall be kept by the circuit clerk and their names shall not be placed in the jury box thereafter until such person can qualify as above provided.
Sources: Codes, Hutchinson's 1848, ch. 61, art. 1 (138); 1857, ch. 61, art. 126; 1871, § 724; 1880, § 1661; 1892, § 2354; 1906, § 2684; Hemingway's 1917, § 2176; 1930, § 2029; 1942, § 1762; Laws, 1894, ch. 69; Laws, 1914, ch. 208; Laws, 1938, ch. 303; Laws, 1962, ch. 308, § 1; Laws, 1968, ch. 335, § 1; Laws, 1970, ch. 339, § 1, eff from and after passage (approved April 2, 1970).