A.R.S. tit. 21 ch. 2 — Arizona Revised Statutes Title 21 Chapter 2 — Jurors

21-201. Qualifications Every juror, grand and trial, shall be at least eighteen years of age and meet the following qualifications: 1. Be a citizen of the United States. 2. Be a resident of the jurisdiction in which the juror is summoned to serve. A citizen whose name and address appears on the master jury list as required by section 21-301 is presumed to be a resident of the jurisdiction for the purposes of this section. 3. Never have been convicted of a felony, unless the juror's civil rights have been restored. 4. Is not currently adjudicated mentally incompetent or insane. 21-202. Persons entitled to be excused from jury service A. It is the policy of this state that all qualified citizens have an obligation to serve on juries when summoned by the courts of this state, unless excused. B. On timely application to the court, the following persons shall be excused temporarily from service as a juror if the judge or jury commissioner finds that any of the following applies: 1. The prospective juror has a mental or physical condition that causes the juror to be incapable of performing jury service. The juror or the juror's personal representative shall provide to the court or jury commissioner a medical statement from a physician who is licensed pursuant to title 32, a physician assistant who is licensed pursuant to title 32, chapter 25 or a registered nurse practitioner who is licensed pursuant to title 32, chapter 15 that explains an existing mental or physical condition that renders the person unfit for jury service. If a prospective juror does not have a physician, a physician assistant or a registered nurse practitioner, the prospective juror or the juror's personal representative shall provide a sworn statement from a professional caregiver for the prospective juror that is deemed acceptable by the court or jury commissioner and that explains the mental or physical condition that renders the prospective juror incapable of performing jury service. For the purposes of this paragraph: (a) The statement shall be in writing and shall contain a description and duration of any mobility restrictions, the specific symptoms that make the prospective juror mentally or physically unfit for jury service and their duration, the employment status of the prospective juror and the printed name, signature, professional license number if applicable, area of specialty and contact information of the authorizing physician, physician assistant, registered nurse practitioner or professional caregiver. (b) A form that complies with this paragraph shall be made available at courthouses, the Arizona medical board website, the Arizona regulatory board of physician assistants website, the Arizona board of osteopathic examiners in medicine and surgery website, the Arizona state board of nursing website and other appropriate locations that are identified by the court or jury commissioner. (c) These documents are not public records and shall not be disclosed to the general public. 2. Jury service by the prospective juror would substantially and materially affect the public interest or welfare in an adverse manner. 3. The prospective juror is not currently capable of understanding the English language. 4. Jury service would cause undue or extreme physical or financial hardship to the prospective juror or a person under the prospective juror's care or supervision. For the purposes of this paragraph: (a) A judge or jury commissioner of the court for which the person was called to jury service shall determine whether jury service would cause the prospective juror undue or extreme physical or financial hardship. (b) A person who requests to be excused under this paragraph shall take all actions necessary to obtain a ruling on the request before the date on which the person is scheduled to appear for jury duty. (c) Undue or extreme physical or financial hardship is limited to the following circumstances in which a person: (i) Would be required to abandon a person under the prospective juror's care or supervision due to the impossibility of obtaining an appropriate substitute caregiver during the period of participation in the jury pool or on the jury. (ii) Would incur costs that would have a substantial adverse impact on the payment of the person's necessary daily living expenses or on those for whom the prospective juror provides regular employment or the principal means of support. (iii) Would suffer physical hardship that would result in illness or disease. (d) Undue or extreme physical or financial hardship does not exist solely based on the fact that a prospective juror will be required to be absent from the prospective juror's place of employment. (e) A person who requests to be excused under this paragraph shall provide the judge or jury commissioner with documentation that supports the request to be excused, such as federal and state income tax returns, payroll records, medical statements from physicians licensed pursuant to title 32, physician assistants licensed pursuant to title 32, chapter 25 or registered nurse practitioners licensed pursuant to title 32, chapter 15, proof of dependency or guardianship or other similar documents. The judge or jury commissioner may excuse a person if the documentation clearly supports the request to be excused. These documents are not public records and shall not be disclosed to the general public. 5. The prospective juror is a peace officer who is certified by the Arizona peace officer standards and training board and who is employed as a peace officer by this state or any political subdivision of this state. The employer of a peace officer shall not in any way influence the peace officer to make or not to make an application to the court, pursuant to this section, to be excused from jury service. 6. A judge or jury commissioner of the court for which the person was called to jury service excuses the prospective juror for good cause based on a showing of undue or extreme hardship under the circumstances, including being temporarily absent from the jurisdiction or a lack of transportation. 7. The prospective juror is summoned within four years after the prospective juror's last day of service on a grand jury in this state. This paragraph does not apply to a person selected as an alternate grand juror. 8. The prospective juror is employed in the correctional officer class series by the state department of corrections. C. Notwithstanding subsection B of this section, a prospective juror who is at least seventy-five years of age may submit a written statement to the court requesting that the person be excused from service. The prospective juror may request to be excused temporarily or permanently. On receipt of the request, the judge or jury commissioner shall excuse the prospective juror from service. D. A person who is excused temporarily pursuant to this section becomes eligible for qualification as a juror when the temporary excuse expires unless the person is permanently excused from jury service. E. A person may be permanently excused only if the deciding judge or jury commissioner determines that the underlying grounds for being excused are permanent in nature or the person is permanently excused under subsection C of this section. F. If the judge, jury commissioner or jury manager permanently excuses the person from jury service, the person shall be notified that the person is permanently excused. 21-211. Disqualification The following persons shall be disqualified to serve as jurors in any particular action: 1. Witnesses in the action. 2. Persons interested directly or indirectly in the matter under investigation. 3. Persons related by consanguinity or affinity within the fourth degree to either of the parties to the action or proceedings. 4. Persons biased or prejudiced in favor of or against either of the parties. 21-221. Fees and mileage A. Each juror shall be paid by the county: 1. For each day's attendance upon the superior court or justice court, twelve dollars. 2. For each mile necessarily traveled from his residence to the court and back to his residence, an amount equal to the amount paid to state officers and employees pursuant to section 38-623, subsection A. Reimbursement shall be at the computed mileage rate regardless of whether the travel is accomplished by private, rented or chartered motor vehicle. When a juror necessarily returns to his residence and travels back to court during the period of service because of a recess ordered by the court, he shall be paid on the same basis for such travel. B. Attendance on the court shall include the first day a juror is required to attend and shall continue each day of actual attendance on the court thereafter, until the juror is either temporarily or permanently excused from jury service. Any juror who is excused from further attendance upon the first day of this appearance in obedience to a summons shall receive a mileage allowance only. 21-222. Fair jury improvement fund (Rpld. 7/1/31) A. The fair jury improvement fund is established consisting of monies received from the additional fees paid on all filings, appearances, responses and answers pursuant to section 12-115 and monies appropriated by the legislature. The monies in the fund shall not be used for any purpose other than as prescribed in this section. B. The supreme court shall administer the fund and shall adopt rules for administering the fund. Not more than three percent of the monies in the fund shall be used for the reasonable and necessary costs of administering the fund. On or before the fifteenth day of each month, on receipt of a request for reimbursement the supreme court shall transmit monies from the fund to a jury commissioner for monies paid to a juror under this section, together with a fee of not less than the amount prescribed in section 12-284, subsection A, class E for each application for payment of replacement or supplemental earnings by a juror. C. Subject to the availability of monies, monies in the fund shall be used to: 1. Pay full or partial earnings replacement or supplementation to jurors who serve as petit jurors in the superior court and who receive less than full compensation. The amount of replacement or supplemental earnings shall be at least $40 but not more than $300 per day per juror beginning on the first day of jury service. 2. If monies are available in the fund after paying jurors pursuant to paragraph 1 of this subsection, pay for the management and storage of digital evidence and to facilitate the display of the evidence to the jury and court at a trial and related proceedings. D. A person who serves as a petit juror in the superior court may submit a request for payment from the fund. The amount a juror receives from the fund is limited to the difference between the jury fee prescribed in section 21-221 and the actual amount of earnings a juror earns, not less than $40, up to the maximum level payable under subsection C, paragraph 1 of this section, minus any amount the juror actually received from the juror's employer during the same time period. A juror who requests payment from the fund: 1. Shall disclose on the form the juror's regular earnings, the amount the juror's employer will pay during the term of jury service starting on the first day and thereafter, the amount of replacement or supplemental earnings being requested and any other information that the jury commissioner deems necessary. 2. Before receiving payment from the fund, shall submit verification from the juror's employer, if any, regarding the earnings information that is provided under paragraph 1 of this subsection. This verification may include the employee's most recent earnings statement or a similar document. 3. In order to verify the weekly income if the juror is self-employed or receives compensation other than wages, shall provide a sworn affidavit attesting to the juror's approximate gross weekly income, together with any other information that the supreme court requires. E. Jurors who are unemployed and are not eligible for payment pursuant to subsection C, paragraph 1 and subsection D of this section are eligible to be paid $40 per day, even if they receive income in the form of spousal maintenance, pensions, retirement, unemployment compensation, disability benefits or other similar income. Commissioners shall not deduct these other forms of income in calculating the amount these jurors are to be paid from the fund. 21-223. Failure of juror to attend; fine It is unlawful for a juror who is summoned and who fails to obtain a postponement or who is not excused from jury service to wilfully and without reasonable excuse fail to attend on the date scheduled for jury service. If the person fails to respond to a second summons the court may issue a body attachment as for a direct contempt of the court. The person may be fined an amount not to exceed five hundred dollars and may be compelled to attend for jury service on another date. 21-233. Misconduct of challenged grand juror; classification A grand juror who, with knowledge that a challenge interposed against him by a defendant has been allowed, is present at, or who takes part in the consideration of the charge against the defendant who interposed the challenge, or the deliberations of the grand jury thereon, is guilty of a class 2 misdemeanor. 21-235. Recording, listening to, observing proceedings unlawful; classification A. A person who knowingly, by any means whatsoever, records all or part of the proceedings of any grand jury while it is in session or listens to or observes the proceedings of any grand jury of which he is not a member while such jury is in session is guilty of a class 2 misdemeanor. B. This section does not prohibit: 1. The prescribed activities of the court, the prosecuting officer, a court reporter designated by the court, or an interpreter designated by the court. 2. The taking of notes by a grand juror in connection with and solely for the purpose of assisting him in the performance of his duties as such juror. 3. The appearance, for the purposes of giving the testimony, of a witness. 4. The appearance, for the purpose of presenting evidence when permitted pursuant to section 21-412, of a person being investigated and his counsel. 21-236. Employment rights; automatic postponement; violation; classification A. An employer shall not require or request an employee to use annual, vacation or sick leave for time spent responding to a summons for jury duty, participating in the jury selection process or actually serving on a jury. This subsection does not require an employer to provide annual, vacation or sick leave to employees who are otherwise not entitled to such benefits under company policies. B. An employer shall not refuse to permit an employee to serve as a juror. No employer may dismiss or in any way penalize any employee because the employee serves as a grand or trial juror. An employer is not required to compensate an employee when the employee is absent from employment because of jury service. C. An employee shall not lose seniority or precedence while absent from employment due to serving as a member of a grand or trial jury. Upon return to employment the employee shall be returned to the employee's previous position, or to a higher position commensurate with the employee's ability and experience as seniority or precedence would ordinarily entitle the employee. D. A court shall postpone and reschedule the service of a summoned juror of an employer with five or fewer full-time employees, or their equivalent, if during the same period another employee of that employer is serving as a juror. A postponement pursuant to this subsection does not affect a person's right to one automatic postponement under section 21-336. E. A person who violates any provision of this section is guilty of a class 3 misdemeanor.