§ 13-71-119 — Deferments and excuses - limitations

(1) It shall be the policy of
this article that every trial juror shall be prepared to serve three trial days except as
otherwise provided in this section or in section 13-71-104, 13-71-105, or 13-71-119.5.

(2) The court or the jury commissioner may defer or advance the term of
service of the trial or grand juror upon a finding as provided in section 13-71-104, 13-71-105, or 13-71-119.5. The court may excuse a juror from grand juror service upon a
finding of hardship or inconvenience, taking into consideration the length of grand
juror service. The court may excuse a juror from trial juror service upon a finding of
extreme hardship. The court may dismiss a trial or grand juror at any time in the
best interest of justice.

(3) The court, after a hearing, may excuse and discharge an impaneled juror
prior to jury deliberation upon a finding of extreme hardship, and such discharge
shall not be grounds for objection or a mistrial as long as the statutorily or
constitutionally required number of jurors remain able to proceed with the trial and
deliberation. The court, after a hearing, may excuse and discharge a juror
participating in jury deliberation only upon a finding of an emergency or for any
other compelling reason. If the statutorily or constitutionally required number of
jurors does not remain to hear evidence or to participate in jury deliberation after
the discharge of a juror, the trial may continue with the lesser number of jurors only
upon agreement of all parties on the record. The court may discharge an impaneled
juror who has not appeared for juror service upon a finding that there is a strong
likelihood that an unreasonable delay in the trial would occur if the court were to
await the appearance of the juror. The court may exercise any authority granted in
this section at any time before or during a juror's term of service.

Legislative History

Source: L. 89: Entire article R&RE, p. 769, � 1, effective January 1, 1990. L. 2004: Entire section amended, p. 278, � 6, effective August 4.