§ 16-32-201 — Selection of grand jury

Arkansas § 16-32-201

• Jurisdiction: Arkansas
• Title: 16

Text

(a) (1) The selecting, summoning, and impaneling of a grand jury shall be as prescribed by law. (2) (A) Circuit courts to which criminal cases are assigned may call grand jurors from the jury wheel or box from which petit jurors are drawn, or the circuit judge may direct the circuit clerk to provide the minimum number of names for a separate grand jury wheel or box in the minimum number set forth in § 16-32-103(a) -(d). (B) In the event the circuit judge directs the circuit clerk to provide the minimum number of names for a separate grand jury wheel or box, the circuit clerk shall select the names of persons whom the circuit clerk believes to be qualified from the current voter registration list or the enhanced prospective juror list authorized by § 16-32-302 . (3) In either event, when a grand jury is selected, the names of a sufficient number of persons shall be drawn from the appropriate box or wheel to provide a panel of sixteen (16) qualified grand jurors, plus a reasonable number of alternates, after excuses from attendance have been granted to those who are entitled to be excused. (4) As the names are drawn, they shall be recorded in the grand jury book, and the grand jurors shall be summoned and directed to appear in the same manner as provided for petit jurors. (5) The grand jury shall be made up of the first sixteen (16) persons summoned whose names appear as grand jurors in the jury book after the elimination of the disqualified or excused persons. (6) (A) The remaining grand jurors whose names appear in the jury book after the elimination of disqualified or excused persons shall be considered as alternates and shall be designated in the order as they appear in the jury book to replace regular grand jurors who become incapacitated or who are unavailable. (B) Alternate grand jurors shall not be disqualified from further jury duty as provided in § 16-31-104 until they have been required to report for grand jury service during the year. (7) Grand jurors shall serve during the calendar year in which selected unless sooner discharged by the court. (b) The drawing and recording of grand jurors under subsection (a) of this section may be accomplished by a computerized random jury selection process. (c) In either event, when a grand jury is selected, the names of a sufficient number of persons shall be drawn from the appropriate box or wheel to provide a panel of sixteen (16) qualified grand jurors, plus a reasonable number of alternates, after excuses from attendance have been granted to those who are entitled to be excused. (d) As the names are drawn, they shall be recorded in the grand jury book, and the grand jurors shall be summoned and directed to appear in the same manner as provided for petit jurors. (e) The grand jury shall be made up of the first sixteen (16) persons summoned whose names appear as grand jurors in the jury book after the elimination of the disqualified or excused persons. (f) The remaining grand jurors whose names appear in the jury book after the elimination of disqualified or excused persons shall be considered as alternates and shall be designated in the order as they appear in the jury book to replace regular grand jurors who become incapacitated or who are unavailable. Alternate grand jurors shall not be disqualified from further jury duty as provided in § 16-31-104 until they have been required to report for grand jury service during the year. (g) Grand jurors shall serve during the calendar year in which selected unless sooner discharged by the court.

Legislative History

Amended by Act 2017, No. 600,§ 7, eff. 8/1/2017. Crim. Code, § 98; C. & M. Dig., § 2977; Pope's Dig., § 3799; Acts 1975, No. 485, § 6; A.S.A. 1947, §§ 39-217.1, 43-901; Acts 2005, No. 87, § 7.