A.R.S. tit. 21 ch. 3 — Arizona Revised Statutes Title 21 Chapter 3 — Formation Of Juries

21-301. Master jury list; source lists A. The jury commissioner shall produce a master jury list. The master jury list shall be comprised of the names, addresses, dates of birth and, if available, telephone numbers and email addresses of eligible persons who reside in the county and shall include persons on the voter registration list of the county, other persons eligible for jury service who have been licensed pursuant to title 28, chapter 8, article 4 or 5 and persons from other lists as determined by the supreme court. The master jury list shall be prepared so as to avoid duplication of the names of eligible juror candidates. B. Not later than January 1 following each biennial general election, the county recorder shall provide the jury commissioner or jury manager with a list containing the names, addresses, dates of birth and, if available, telephone numbers and email addresses of all persons who are qualified to vote at the preceding general election. At least once every six months thereafter the county recorder shall provide the jury commissioner with the names, addresses, dates of birth and, if available, telephone numbers and email addresses of all additional persons who have registered as voters since the date of the last list. C. On written request by a jury commissioner or jury manager, the director of the department of transportation shall furnish and periodically revise a list of the names, addresses, dates of birth and, if available, telephone numbers and email addresses of all persons in that county who are at least eighteen years of age and who have been licensed pursuant to title 28, chapter 8, article 4 or 5. Except as provided in section 21-312, a jury commissioner or jury manager may not disclose information furnished by the director of the department of transportation pursuant to this section to any person, organization or agency for any use other than the selection of jurors. 21-302. Juror summoning; procedures A. The superior court in each county shall summon trial jurors from the master jury list pursuant to rules adopted by the supreme court. B. The superior court in each county shall summon grand jurors from the master jury list pursuant to rules adopted by the supreme court. C. Jurors shall be summoned by using a countywide summoning method that is in compliance with the constitutions of the United States and this state. D. A court may use alternative procedures for summoning jurors that are in compliance with the constitutions of the United States and this state by providing for the summoning of jurors from a fair cross section of the community as provided in a plan approved pursuant to rules adopted by the supreme court. E. If the superior court in a county has multiple court locations, the court may propose alternative procedures for summoning jurors as provided in a plan approved by the supreme court or the presiding judge of the county in which the court is located. The alternative procedures may be designed to minimize the distance prospective jurors must travel and to avoid unnecessary travel expenses by dividing the county into jury districts or using a countywide juror summoning method that affords all qualified persons in the county an opportunity to be considered for jury service at any court location. F. Except as provided in subsection H of this section, if multiple courts operate at one location, jurors may be summoned countywide or from the jurisdiction of the courts and pooled for use by any superior court or justice of the peace court at that location. G. Only persons who reside within the city or town limits of the court are eligible for jury service in municipal court. H. In counties with a population of two million persons or more, a person must reside within the precinct limits of the court to be eligible for jury service in a justice of the peace court. 21-311. Master jury file; master jury list A. If a superior court uses a master jury file, the presiding judge of the superior court, on completion of the master jury list and at other times as necessary, shall order the jury commissioner to randomly select from the master jury list the number of names that are necessary to provide a sufficient number of persons for jury service during the ensuing six months or a shorter time period as the presiding judge deems appropriate. The persons who remain on the list at the end of the designated period may be retained and carried over once to the next succeeding master jury file. B. To establish the master jury file the jury commissioner or the jury commissioner’s designee shall randomly select from the master jury list the number of names specified in the order. C. If the presiding judge of the superior court believes that additional jurors will be required, the presiding judge may order the jury commissioner to randomly select additional names from the master jury list. D. If a justice of the peace court or a municipal court uses a master jury file, the justice of the peace or the presiding municipal court judge, upon production of the master jury list pursuant to section 21-301 and at other times as necessary, shall order the jury manager to randomly select from the master jury list the number of names that are necessary to provide a sufficient number of persons for jury service during the ensuing six months or a shorter time period as the justice of the peace or the presiding judge deems appropriate. The jurors who remain on the list at the end of the designated period may be retained and carried over once to the next succeeding master jury file. E. To establish the master jury file the jury manager or the jury manager’s designee shall randomly select from the master jury list the number of names specified in the order. F. If the justice of the peace or the presiding municipal court judge believes that additional jurors will be required, the justice of the peace or the presiding municipal court judge may order the jury manager to randomly select additional names from the master jury list. G. The use of a master jury file is optional. 21-312. Juror records A. The list of juror names or other juror information shall not be released unless specifically required by law or ordered by the court. B. All records that contain juror biographical information are closed to the public and shall be returned to the jury commissioner, the jury manager or the court when jury selection is completed and may not be further disclosed or disseminated by a party or the party's attorney. C. A random jury box seating list is confidential before use. 21-313. Use of jury management automation systems; random selection A. A jury management automation system may be used in the performance of the duties imposed by this title. B. In any county where a jury management automation system is used, the jury commissioner or jury manager shall cause the device to be programmed to ensure random selection procedures. C. The courts shall use random selection procedures throughout the juror selection process including: 1. Selecting persons to be qualified or summoned for jury service. 2. Assigning jurors to panels. 3. Calling jurors for voir dire. 21-314. Juror questionnaire A. The jury commissioner or jury manager shall use a questionnaire to determine whether a person is qualified to serve or has valid grounds to be excused or postponed from service. The jury commissioner or jury manager may require additional information from the person to make this determination. The jury commissioner or jury manager may determine juror qualifications, excuses and postponements at the same time. B. The juror questionnaire shall inform the person that disqualification from jury duty as a result of responding to the questionnaire that the person is not a resident or is not a United States citizen will result in the person's voter registration being canceled. C. The jury commissioner or jury manager may destroy the fully answered questionnaire ninety days after the commissioner or manager receives it. D. The juror questionnaire may be included in the same mailing as the summons to attend the court as a juror or the questionnaire may be mailed before the summons. E. The jury commissioner or jury manager may investigate the accuracy of the answers to the questionnaire and may call on law enforcement agencies and the county attorney for assistance in an investigation. F. The jury commissioner or jury manager shall forward to the secretary of state and the county recorder a summary report derived from jury questionnaire data that contains information that indicates that a person is not a United States citizen or does not reside in the county. The report shall only contain the information that is necessary for the county recorder to accurately identify the person in the voter registration database. 21-315. Excuse from service; investigation A. If the jury commissioner or jury manager determines that a person has valid grounds to be excused or postponed from jury service, the person shall be notified accordingly. B. The presiding judge may issue an order or the jury commissioner or jury manager may issue a subpoena for any person whose name appears on the master jury list to appear before the jury commissioner or the jury manager to testify under oath or affirmation concerning the person's qualifications, any grounds for excuse or the completion of an unreturned questionnaire. 21-331. Procedure for summoning jurors A. The jury commissioner or jury manager shall use either of the following methods for summoning persons for a particular juror pool: 1. The court shall order the jury commissioner or jury manager to summon a specific number of qualified jurors, at random, for either a trial jury or grand jury panel. 2. The jury commissioner or jury manager shall determine a specific number of persons to be summoned for a court location and date. B. In counties in which multiple superior court locations exist, a juror shall not be summoned to more than one court location on the same date and is not required to serve in more than one court location on any specific date. C. The summons shall be delivered by giving personal notice to each person, or by leaving a written notice to that effect at the person's place of residence, with some person of proper age and discretion, by telephone or by mailing such notice by first class mail, registered mail or certified mail. D. Any person who fails to appear in response to a notice sent by first class mail shall be immediately resummoned by a notice sent by first class mail, registered mail or certified mail and shall not be subject to a body attachment or fine as provided in section 21-334 unless the juror fails to appear in response to this second summons. Notwithstanding section 21-301, subsection C, for any juror whose mail is returned as undeliverable, the jury commissioner or jury manager shall notify the county recorder who shall send a follow-up notice to the juror pursuant to section 16-166, subsection A, including information regarding possible removal from the voter registration rolls, and on completion of the notification process pursuant to section 16-166, the county recorder shall transfer the juror to the inactive voter list. 21-332. Jurors' term of service; exemption A. A person's jury service obligation is fulfilled when the person does any of the following: 1. Serves on one trial until being excused or discharged. 2. Appears at court but is not assigned to a trial division for selection of a jury before the end of that day. 3. Is assigned on one day to one or more trial divisions for jury selection and serves through the completion of jury selection or is excused. 4. Complies with a request to telephone a court or check a court's web site to determine whether to report on a particular day, for four days within a thirty day period. 5. Provides the court with a valid telephone number and stands ready to serve on the same day, for a period of two days. B. A presiding judge of a county superior court, in coordination with the jury commissioner, may apply to the supreme court for an exemption for the county from this section for a specified period of time, not to exceed one year. 21-335. Frequency of service; exemption A. A juror who has been summoned and selected to serve on a jury in this state is not required to serve again as a juror in any court in this state for two years following the last day of the juror's service. B. A presiding judge, in coordination with the jury commissioner, may apply to the supreme court for an exemption from this section for a specified period of time, not to exceed one year. 21-336. Postponement of jury service A. Persons who are scheduled to appear for jury service may postpone the date of their initial appearance for jury service two times only. On request, postponement shall be granted if all of the following apply: 1. The prospective juror has not been granted two prior postponements. 2. The prospective juror appears in person or contacts the jury commissioner by telephone or electronic mail or in writing to request a postponement. 3. A postponement shall be within a time period determined by the jury commissioner and shall be a date when the court will be in session. B. A jury commissioner may approve a subsequent request for postponement of jury service only in the event of an extreme emergency that could not have been anticipated at the time the initial postponement was granted. The prospective juror is subject to being resummoned at the discretion of the jury commissioner.