§ 15A-1214. Selection of jurors; procedure.
§15A‑1214. Selection of jurors; procedure.
(a) The clerk, underthe supervision of the presiding judge, must call jurors from the panel by asystem of random selection which precludes advance knowledge of the identity ofthe next juror to be called. When a juror is called and he is assigned to thejury box, he retains the seat assigned until excused.
(b) The judge mustinform the prospective jurors of the case in accordance with G.S. 15A‑1213.He may briefly question prospective jurors individually or as a groupconcerning general fitness and competency to determine whether there is causewhy they should not serve as jurors in the case.
(c) The prosecutor andthe defense counsel, or the defendant if not represented by counsel, maypersonally question prospective jurors individually concerning their fitnessand competency to serve as jurors in the case to determine whether there is abasis for a challenge for cause or whether to exercise a peremptory challenge.The prosecution or defense is not foreclosed from asking a question merelybecause the court has previously asked the same or similar question.
(d) The prosecutor mustconduct his examination of the first 12 jurors seated and make his challengesfor cause and exercise his peremptory challenges. If the judge allows achallenge for cause, or if a peremptory challenge is exercised, the clerk mustimmediately call a replacement into the box. When the prosecutor is satisfiedwith the 12 in the box, they must then be tendered to the defendant. Until theprosecutor indicates his satisfaction, he may make a challenge for cause orexercise a peremptory challenge to strike any juror, whether an original orreplacement juror.
(e) Each defendant mustthen conduct his examination of the jurors tendered him, making his challengesfor cause and his peremptory challenges. If a juror is excused, no replacementmay be called until all defendants have indicated satisfaction with thoseremaining, at which time the clerk must call replacements for the jurorsexcused. The judge in his discretion must determine order of examination amongmultiple defendants.
(f) Upon the callingof replacement jurors, the prosecutor must examine the replacement jurors andindicate satisfaction with a completed panel of 12 before the replacement jurorsare tendered to a defendant. Only replacement jurors may be examined andchallenged. This procedure is repeated until all parties have accepted 12jurors.
(g) If at any timeafter a juror has been accepted by a party, and before the jury is impaneled,it is discovered that the juror has made an incorrect statement during voirdire or that some other good reason exists:
(1) The judge mayexamine, or permit counsel to examine, the juror to determine whether there isa basis for challenge for cause.
(2) If the judgedetermines there is a basis for challenge for cause, he must excuse the juroror sustain any challenge for cause that has been made.
(3) If the judgedetermines there is no basis for challenge for cause, any party who has notexhausted his peremptory challenges may challenge the juror.
Any replacement juror called issubject to examination, challenge for cause, and peremptory challenge as anyother unaccepted juror.
(h) In order for adefendant to seek reversal of the case on appeal on the ground that the judgerefused to allow a challenge made for cause, he must have:
(1) Exhausted theperemptory challenges available to him;
(2) Renewed hischallenge as provided in subsection (i) of this section; and
(3) Had his renewalmotion denied as to the juror in question.
(i) A party who hasexhausted his peremptory challenges may move orally or in writing to renew achallenge for cause previously denied if the party either:
(1) Had peremptorilychallenged the juror; or
(2) States in the motionthat he would have challenged that juror peremptorily had his challenges notbeen exhausted.
The judge may reconsider hisdenial of the challenge for cause, reconsidering facts and arguments previouslyadduced or taking cognizance of additional facts and arguments presented. Ifupon reconsideration the judge determines that the juror should have beenexcused for cause, he must allow the party an additional peremptory challenge.
(j) In capital casesthe trial judge for good cause shown may direct that jurors be selected one ata time, in which case each juror must first be passed by the State. Thesejurors may be sequestered before and after selection. (1977,c. 711, s. 1.)