Title 12 — Title 12

Disclosed to District Attorney’s Staff. Grand jury evidence other than the questions, considerations, debates, deliberations, opinions or votes of any grand juror may be disclosed by a district attorney or other prosecutor in the performance of his official duties to members of h…

Interest. A district attorney or other prosecutor may, in his or her discretion, disclose evidence taken within or before the grand juries of such circuit to law enforcement officers for the purpose of bona fide investigations into violations of criminal law. A district attorney …

No provision of this division shall be construed to deny a witness or criminal defendant the right to confer with or be represented by counsel concerning his appearance within or testimony before a duly empaneled grand jury, provided however, nothing contained in this section sha…

Record; Exception. Grand juries shall make no reports critical of any citizen of this state without returning an indictment or bill of impeachment against the same. It shall be the duty of the circuit judges of the respective judicial circuits of this state, on their own motion, …

The grand juries of this state may make written reports as provided by law, however, the judges of each judicial circuit may provide by court rule for the form and content of such grand jury reports to accomplish the purposes of this division. History: (Acts 1979, No. 79-457, p. …

Any person violating the provisions of Sections 12-16-215 through 12-16-218 of this division, shall be guilty of a felony and shall be punished by imprisonment for not less than one nor more than three years, or fined not more than $5,000.00, or both. History: (Acts 1979, No. 79-…

Applicable; Judges’ Powers. All laws or parts of laws in conflict with the provisions of this division are hereby repealed; provided, however, the criminal penalties imposed by this division shall be cumulative. This section shall not be construed to preclude the applicability of…

Retirement of Jury. If, before the jury retires, one of them becomes so sick as to incapacitate him for the performance of his duty or any other cause renders it necessary, in the opinion of the court, to discharge a juror, such juror may be discharged, another summoned in his pl…

If after the jury retire one of them becomes so sick as to prevent the discharge of his duty or any other cause or accident occurs to prevent their being kept together for deliberation, they may be discharged. History: (Code 1852, §650; Code 1867, §4202; Code 1876, §4907; Code 18…

Verdict by Remaining Jurors. (a) At any stage of a trial then pending, whether the jury has retired or not, the parties may unanimously consent in open court, with legal effectiveness, to the discharge from further duty of any member of the jury trying the case and to a continuat…

The court or presiding judge in all cases of jury trial may discharge the jury without giving a verdict, with the consent of all parties to the trial or without the consent of the parties, when, in the opinion of the court or judge, there is a manifest necessity for the discharge…

Actions in Which State, County, City, Etc., a Party or Interested. In actions to which the state, a county, a city or a town is a party or has an interest, citizens of the state, county, city or town are not disqualified by reason of interest. History: (Code 1852, §2272; Code 186…

There shall be a jury commission in every county in this state. History: (Acts 1939, No. 59, p. 86; Code 1940, T. 30, §8.)

Offices or Perform Other Public Duties Under Federal, State, Etc., Governments for Compensation. Each of said jury commissions shall be composed of three members who shall be qualified electors of the county in which they are appointed and shall be persons reputed for their fairn…

The Governor shall appoint the members of the several jury commissions who shall constitute said several commissions during the Governor’s tenure of office and until their successors are appointed and qualified, and thereafter the Governor shall appoint the members of said jury c…

Be Commissioned Prior to Entering Upon Discharge of Duties. The members of the jury commission shall elect one of their number president of the commission. Any two members of the commission shall be a quorum for the transaction of business. Every member of the commission before e…

(a) Upon written order of the presiding circuit judge or his designee, the jury commission shall meet on such days as are required to replenish the number of names in the trial court jury box and to perform such other necessary duties as are related thereto. Each member of the ju…

Vacancies Generally. (a) Should any member of the commission become disqualified under the provisions of this article, the fact of such disqualification and the ground or reason therefor shall be certified to the Governor by the judge of the circuit court for the county; and, whe…

Absence from State, Sickness, Etc., of Two Members. In the event that two members of the jury commission are absent from the state, sick or for any reason cannot discharge the duties imposed upon them by this article, then the other member of the commission shall notify any judge…

Clerical Assistance. (a) The clerk of the circuit court in counties having a population of 60,000 or less according to the last federal census preceding his election or appointment, may elect to serve as clerk of the jury commission; provided that notice of his intent to serve as…

Every clerk of a jury commission, before entering upon the discharge of his duties under this article, must take and subscribe the oath of office prescribed by Section 279 of the Constitution and file the same for record in the probate office of the county. History: (Acts 1939, N…

Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.

Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.

Commissions to Performance of Duties; Clerks Not to Be Paid for Sundays; Discharge of Clerks. The clerk of the jury commission shall give such time to the performance of his duties as may be required by the jury commission but shall not be paid for Sundays. The jury commission ma…

Entry of Juror’s Name on Jury Roll, Etc.; Scanning of Registration Lists, Telephone Directories, Etc., and Visiting of Precincts by Clerk. Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.

Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.

Generally; Service on Juries by Persons Over Age 65. Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.

Territorial Subdivisions of Counties. Whenever a court requiring grand and petit juries or petit juries is established for and held in a territorial subdivision of the county, the jury commission shall make and keep a separate roll and make a separate box for that court and terri…

and Refilling of Box by Circuit Court Judge. Whenever it shall appear to the judge of the circuit court that the jury box is so nearly exhausted as to require refilling, he shall notify the president of the jury commission, who in turn shall call together the other members of the…

Whenever the names in the jury box are exhausted or so far depleted that they will probably be exhausted at the next drawing of jurors, the jury commission shall proceed to make and certify a new roll and deposit the names in the box in all respects as provided in this article; a…

Empaneled on Juries; Entry of Notation on Jury Roll by Clerk of Commission. The clerks of the several courts in which juries are empaneled shall, from time to time as the juries are empaneled, certify to the jury commission the names of all persons so empaneled, and the clerk of …

Found Disqualified or Exempt from Jury Service; Entry of Notation on Jury Roll by Clerk of Commission. The clerks of the several courts shall also certify to the jury commission the names of all persons who have been found by the court to be disqualified or exempt, which fact sha…

Against Clerk or Members of Commission. Whenever it appears to the court that a person’s name has been placed upon a jury roll who did not, at the time he was enrolled, possess the qualifications required by law, the court may, in its discretion, upon excusing the person from ser…

Repealed by Acts 1978, No. 594, p. 712, §11, effective April 27, 1978.

The probate judge of every county shall, upon the request of the president of the commission, purchase the necessary books in which to keep the jury rolls and the record of the proceedings and the necessary cards, stationery and things of all kinds required by the commission and …

Article; Failure of Person to Attend or Testify Before Commission. Any member of a jury commission or clerk thereof who neglects to perform any duty imposed upon him by this article or any person who, being duly summoned to attend before the jury commission, willfully fails to do…

It is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, and that all qualified citizens have the opportunity, in accordance with this article, to be considered for…

A citizen shall not be excluded from jury service in this state on account of race, color, religion, sex, national origin or economic status. History: (Acts 1978, No. 594, p. 712, §2.)

(a) The jury commission for each county shall compile and maintain an alphabetical master list of all persons in the county who may be called for jury duty, with their addresses and any other necessary identifying information. This list may include all registered voters, persons …

(a) The name or identifying number of every prospective juror whose name is drawn from the master list pursuant to subsection (b) shall be set forth on a card and placed in the master jury box as provided in this section. (b) The number of names or identifying numbers to be place…

Qualification Forms; Completion of Qualification Forms by Prospective Jurors; Misrepresentation of Material Facts on Qualification Forms. (a) From time to time and in a manner prescribed by the circuit court, the jury commission shall publicly draw at random from the master jury …

Jurors. It is the duty of the court, before administering the oath prescribed by law to any grand, petit or tales jurors, to ascertain that such juror possesses the qualifications required by law, and the duty required of the court by this section shall be considered imperative. …

(a) A prospective juror is qualified to serve on a jury if the juror is generally reputed to be honest and intelligent and is esteemed in the community for integrity, good character and sound judgment and also: (1) Is a citizen of the United States, has been a resident of the cou…

The jury commission shall maintain a trial court jury box and shall place therein the names or identifying numbers of all prospective jurors drawn from the master jury box who are not disqualified from which grand juries and petit juries are drawn as provided by law. History: (Ac…

[Effective until October 1, 2026.] AMENDED BY ACT 2026-529, EFFECTIVE OCTOBER 1, 2026. SEE ACT FOR REVISED LANGUAGE. No qualified prospective juror is exempt from jury service. History: (Acts 1978, No. 594, p. 712, §8.)

(a) Upon the request of a prospective juror pursuant to this section, the court shall determine, on the basis of information provided during an interview with the prospective juror or based on other competent evidence, whether the prospective juror should be excused from jury ser…

(a) Individuals scheduled to appear for jury service have the right to postpone the date of their initial appearance for jury service one time only. When requested, postponements shall be granted, upon consideration of the following: (1) The juror has not previously been granted …

All records and papers compiled and maintained by the jury commission in connection with the selection and service of jurors shall be preserved by the jury commission for four years after the master jury box used in their selection is emptied and refilled and for any longer perio…

During Trial and Proceedings Upon Such Declaration; Proceedings Upon Declaration of Fact by Juror During Retirement of Jury. If a juror has personal knowledge respecting any fact in controversy, he must declare it in open court during the trial; and, if during the retirement of t…

Preparation of List; Summons. When jurors, grand or petit, are needed for court, the judge, or where there are more than one, then any one of the judges of the court, shall at a time within his or her discretion, but at least 20 days prior to the date on which the prospective jur…