§ 51-217 — Qualification of jurors.

Connecticut § 51-217

• Jurisdiction: Connecticut
• Title 51: Courts
• Ch. 884: Jurors

Text

(a) All jurors shall be electors, individuals lawfully admitted for permanent residence, as defined in 8 USC 1101(a)(20), as amended from time to time, or citizens of the United States, who are residents of this state having a permanent place of abode in this state and appear on the list compiled by the Jury Administrator under subsection (b) of section 51-222a, who have reached the age of eighteen. A person shall be disqualified to serve as a juror if such person: (1) Is found by a judge of the Superior Court to exhibit any quality which will impair the capacity of such person to serve as a juror, except that no person shall be disqualified because the person is deaf or hard of hearing; (2) has been convicted of a felony within the past three years or is a defendant in a pending felony case or is in the custody of the Commissioner of Correction; (3) is not able to speak and understand the English language; (4) is the Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller or Attorney General; (5) is a judge of the Probate Court, Superior Court, Appellate Court or Supreme Court, is a state referee, is a family support magistrate or is a federal court judge; (6) is a member of the General Assembly, provided such disqualification shall apply only while the General Assembly is in session; (7) is a registrar of voters or deputy registrar of voters of a municipality, provided such disqualification shall apply only during the period from twenty-one days before the date of a federal, state or municipal election, primary or referendum to twenty-one days after the date of such election, primary or referendum, inclusive; (8) is seventy-five years of age or older and chooses not to perform juror service; (9) is incapable, by reason of a physical or mental disability, of rendering satisfactory juror service; or (10) for the jury year commencing on September 1, 2017, and each jury year thereafter, has served in the United States District Court for the District of Connecticut as (A) a federal juror on a matter that has been tried to a jury during the last three preceding jury years, or (B) a federal grand juror during the last three preceding jury years. Any person claiming a disqualification under subdivision (9) of this subsection shall submit to the Jury Administrator a letter from a licensed health care provider stating the health care provider's opinion that such disability prevents the person from rendering satisfactory juror service. In reaching such opinion, the health care provider shall apply the following guideline: A person shall be capable of rendering satisfactory juror service if such person is able to perform a sedentary job requiring close attention for six hours per day, with short work breaks in the morning and afternoon sessions, for at least three consecutive business days. Any person claiming a disqualification under subdivision (10) of this subsection shall supply proof of federal jury service satisfactory to the Jury Administrator. (b) The Jury Administrator may determine, in such manner and at such times as the Jury Administrator deems feasible, whether any person is qualified to serve as juror under this section and whether any person may be excused for extreme hardship. (c) The Jury Administrator shall have the authority to establish and maintain a list of persons to be excluded from the summoning process, which shall consist of (1) persons who are disqualified from serving on jury duty on a permanent basis due to a disability for which a licensed physician, a physician assistant or an advanced practice registered nurse has submitted a letter stating the physician's, physician assistant's or advanced practice registered nurse's opinion that such disability permanently prevents the person from rendering satisfactory jury service, (2) persons seventy-five years of age or older who have requested not to be summoned, (3) elected officials enumerated in subdivision (4) of subsection (a) of this section and judges enumerated in subdivision (5) of subsection (a) of this section during their term of office, and (4) persons excused from jury service pursuant to section 51-217a who have not requested to be summoned for jury service pursuant to said section. Persons requesting to be excluded pursuant to subdivisions (1) and (2) of this subsection shall provide the Jury Administrator with their names, addresses, dates of birth and federal Social Security numbers for use in matching. The request to be excluded may be rescinded at any time with written notice to the Jury Administrator. See Sec. 1-25 re forms of oaths for jurors. See Sec. 51-245 re duties of jurors.

Legislative History

(1949 Rev., S. 7906; 1963, P.A. 629; P.A. 76-52, S. 3, 8; P.A. 82-11, S. 1, 12; June Sp. Sess. P.A. 83-5, S. 1, 18; P.A. 84-393, S. 1, 18, 20; P.A. 85-271, S. 1, 5; P.A. 86-278, S. 1, 12; 86-403, S. 101, 132; P.A. 87-22, S. 1, 2; P.A. 88-87; P.A. 94-169, S. 4, 20; P.A. 96-179, S. 1; P.A. 97-200, S. 3; P.A. 98-219, S. 18; P.A. 00-116, S. 1, 7; P.A. 01-195, S. 55, 181; P.A. 08-103, S. 2; P.A. 10-43, S. 15; P.A. 15-224, S. 33; P.A. 16-39, S. 71; P.A. 17-99, S. 10; 17-202, S. 97; P.A. 21-170, S. 1; 21-196, S. 76; P.A. 22-26, S. 19; 22-37, S. 30.) History: 1963 act deleted requirement electors be not less than 25 years of age; P.A. 76-52 deleted requirement that jurors be “esteemed in their community as persons of good character, approved integrity, sound judgment and fair education” and required that jurors be at least 18 years old, effective September 1, 1977; P.A. 82-11 added licensed motor vehicle operators who are state residents and U.S. citizens as persons qualified to serve as jurors, applicable to summoning of jurors for jury duty on or after September 1, 1983; June Sp. Sess. P.A. 83-5, effective July 1, 1985, and applicable to summoning of jurors for jury duty on and after September 1, 1986, deleted provision re permanent disability impairing capacity to serve as juror and added provision re disqualification to serve as juror; P.A. 84-393 repealed amendments enacted by June Sp. Sess. P.A. 83-5 and amended section by providing that Subsec. (a) shall apply to jurors selected and summoned to serve on or before August 31, 1986, and added Subsec. (b) re qualifications and grounds for disqualification of jurors selected and summoned to serve on or after September 1, 1986; P.A. 85-271 added definition of “permanent disability” in Subsec. (a) and exception prohibiting disqualification on basis of deafness or hearing impairment in Subsec. (b), effective February 1, 1986; P.A. 86-278 amended Subsec. (b) by adding provision re determination of qualification and excuse for hardship by jury administrator, and added Subsec. (c) re qualifications of jurors selected and summoned to serve on or after September 1, 1987; P.A. 86-403 made technical change in Subsec. (b); P.A. 87-22 amended Subsecs. (a) and (c) by adding Governor, Lieutenant Governor, Secretary of the State, Treasurer, Comptroller and Attorney General to list of persons disqualified to serve as jurors; P.A. 88-87 amended Subsec. (c)(1) by adding disqualification re service as juror for judge of the superior court, appellate court or supreme court or federal court judge; P.A. 94-169 eliminated obsolete provisions and made technical changes, effective July 1, 1994; (Revisor's note: In 1997 a reference in Subsec. (a) to “Motor Vehicle Department” was replaced editorially by the Revisors with “Department of Motor Vehicles” for consistency with customary statutory usage); P.A. 96-179 amended Subsec. (a) by adding phrase “having a permanent place of abode in this state” and added provision re appearance on list compiled by Jury Administrator under Sec. 51-222a(b) after September 1, 1997; P.A. 97-200 amended Subsec. (a) by deleting reference to records of Department of Motor Vehicles re lists of persons holding motor vehicle operator's licenses, by adding family support magistrates in Subdiv. (5) and by deleting provision re nature of the disability; P.A. 98-219 amended Subsec. (a)(5) by adding judge of the Probate Court; P.A. 00-116 made technical changes in Subsecs. (a) and (b) and added Subsec. (c) re authority of Jury Administrator to establish and maintain list of persons to be excluded from summoning process, effective September 1, 2000; P.A. 01-195 made technical changes in Subsec. (c), effective July 11, 2001; P.A. 08-103 inserted Subsec. (c)(4) re persons excused pursuant to Sec. 51-217a who have not requested to be summoned; P.A. 10-43 amended Subsec. (a) to replace “physician” with “health care provider”, replace “physician's” with “health care provider's” and make a technical change; P.A. 15-224 amended Subsec. (a) by adding new Subdiv. (7) re disqualification of registrar of voters and deputy registrar of voters during period 21 days before and after federal, state or municipal election, primary or referendum and redesignating existing Subdivs. (7) and (8) as Subdivs. (8) and (9), effective July 7, 2015; P.A. 16-39 amended Subsec. (c)(1) by adding references to advanced practice registered nurse; P.A. 17-99 amended Subsec. (a) to add Subdiv. (10) re service in United States District Court for the District of Connecticut as federal juror or federal grand juror, add provision re person claiming disqualification under Subdiv. (10) to supply proof to Jury Administrator, and made technical changes; P.A. 17-202 amended Subsec. (a)(1) by replacing “on the basis of deafness or hearing impairment” with “because the person is deaf or hard of hearing”; P.A. 21-170 amended Subsec. (a) by adding provision re individuals lawfully admitted for permanent residence, substituting 3 for 7 years in Subdiv. (2) and substituting 75 for 70 years of age in Subdiv. (8) and amended Subsec. (c)(2) by substituting 75 for 70 years of age; P.A. 21-196 amended Subsec. (c) by adding references to physician assistant; P.A. 22-26 amended Subsec. (a)(5) to add “is a state referee”, effective May 10, 2022; P.A. 22-37 made a technical change in Subsec. (c). Challenge for not being an elector. 13 C. 453. A challenge to the array must be for a cause that affects all the jurors alike. 67 C. 583; 109 C. 572. There can rarely be any ground for a challenge to the array; 48 C. 546; nature of such challenge. 67 C. 581. Jurors are not public officers within the meaning of the constitution and law. 48 C. 546. Prescribed age not indispensable to the validity of a verdict. 72 C. 112. Grounds for challenge at common law are still good; statutory qualifications are in addition to those at common law. 103 C. 542. Reading newspaper articles to jury in jury room not ground for challenge to array, since it is not concerned with any irregularity in selecting or summoning jurors composing panel. 109 C. 572. Proper remedy where papers or exhibits are improperly sent into jury room is motion to set aside verdict; and motion to set aside should be granted unless it clearly appears that they had no prejudicial effect; whether jury made use of such papers is immaterial, since deliberations cannot be inquired into. Id., 726. An array representation of the community is a fair cross section of the county; a challenge to the array is inadequate where it was not an attack on the selection process for the entire panel. 167 C. 539. Held constitutional on its face; exclusion of felons consistent with standards of section. 169 C. 692. Legislatively prescribed juror qualifications do not unconstitutionally encroach upon the judicial power. 180 C. 382. Cited. 203 C. 570; 216 C. 621; 220 C. 487. General discussion of relevant procedure for jury selection in Connecticut. 254 C. 578. Cited. 7 CA 95. Cited. 38 CS 407; 42 CS 534. Underrepresentation of a racial group on juries is not violative of any constitutional requirements; constitution requires only a fair jury selected without regard to race; Connecticut's system of selecting jurors does not, in and of itself, discriminate against black people; statutes are designed to produce jurors who reasonably reflect a cross section of the community and are of necessary character and intelligence. 2 Conn. Cir. Ct. 203–205. Subsec. (a): Subdiv. (3): English proficiency requirement not violative of equal protection clause of either federal or state constitution. 260 C. 339. Subdiv. (3): Defendant failed to demonstrate that removal of prospective juror for cause on ground of lack of English proficiency entitled him to new trial in absence of showing of prejudice to defendant's right to impartial jury or that such removal constituted a systemic pattern of improper exclusion under 476 U.S. 79. 322 C. 519. Subdiv. (3): A prospective juror for whom English is a second language should not be disqualified from jury service based upon his imperfect ability to speak English; there must be sufficient information before the court to support a determination that the prospective juror is functionally incapable of carrying out his responsibilities as a juror, which includes being able to follow the court's instructions and the proceedings, and to communicate with fellow jurors during deliberations in a common effort to reach a verdict. 155 CA 392; judgment affirmed, see 322 C. 519.