Title 12 — Title 12

Which He Has Knowledge, Etc. If any grand juror knows or has reason to believe that a public offense has been committed which may be indicted and tried in that county, it shall be his duty to disclose the same to his fellow jurors, who must thereupon investigate it. History: (Cod…

Committed Against His Person or Property, Etc.; Supplying of Deficiency in Number of Grand Jurors Resulting Therefrom. (a) A grand juror must not be present at or take any part in the deliberations of his fellow jurors respecting any public offense with which he is charged or whi…

If the foreman of a grand jury is discharged or excused for any cause after the jury is sworn or charged, the court may appoint one of the other jurors in his place. History: (Acts 1955, No. 577, p. 1253.)

District Attorney Not to Be Present at Expression of Opinions or Giving of Votes by Grand Jury. The district attorney must attend before the grand jury when required by them, and he may do so whenever he sees fit for the purpose of examining witnesses in their presence or giving …

Arrest, Etc., of Person Indicted. Any judge, district attorney, clerk or other officer of court or grand juror who discloses the fact that an indictment has been found before the person indicted has been arrested or has given bail for his appearance to answer thereto shall, on co…

Etc., of Person Indicted. Any person who, having been a witness before the grand jury, discloses the name of the person about whom he testified or any of the facts to which he testified before the arrest of the person against whom he testified or before such person has given bail…

Cases. Witnesses before the grand jury, summoned to give evidence of any violation of the laws against gaming or lotteries, may be required to answer generally as to any such offense, within their knowledge, committed within the 12 months next preceding, without being first speci…

Lottery. Any person who is summoned as a witness before the grand jury to answer as to any gaming or lottery within his knowledge and who fails or refuses to attend and testify in obedience to such summons without a good excuse, to be determined by the court, is guilty of a conte…

The Legislature hereby finds, declares and determines that it is essential to the fair and impartial administration of justice that all grand jury proceedings be secret and that the secrecy of such proceedings remain inviolate. The provisions of this division are to be construed …

a Juror’s Questions, Considerations, Etc.; No Person to Directly, Indirectly, Etc., by Any Means Obtain Information as to Juror’s Questions, Considerations, Etc. No past or present grand juror, past or present grand jury witness or grand jury reporter or stenographer shall willfu…

Form, Nature, Etc., of Physical Evidence or Questions Asked; No Person to Directly, Indirectly, Etc., by Any Means, Obtain Information as to Physical Evidence or Questions Asked; Exception as to State Prosecutions. No past or present grand juror, past or present grand jury witnes…

Testimony. No person shall willfully by any means whatever, directly or indirectly, conditionally or unconditionally, obstruct, impede or prevent or attempt or endeavor to obstruct, impede or prevent any person summoned, subpoenaed or called to testify before any grand jury of th…

No person shall injure or endeavor to injure the property or person of any grand juror, witness, prosecutor, judicial officer, or grand jury reporter as a result of their participation in, appearance, or testimony before any duly empaneled grand jury. History: (Acts 1979, No. 79-…

Any prosecutor, grand jury foreman, or circuit court may require all persons testifying in or before a grand jury to submit to an oath or affirmation of secrecy. The failure of any witness to be so sworn shall not relieve such witness of any criminal liability imposed by this div…

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…