Challenge for Cause: Reasons; Who May Take

(a) A challenge for cause is an objection to a prospective juror based on any of the following grounds: (1) The prospective juror does not have the qualifications for jury service required by Title 7 GCA § 22105. (2) The prospective juror is related by blood or marriage within the second degree to the defendant, the person alleged to be injured by the offense charged or on whose complaint the prosecution was commenced, or a prospective witness or any attorney representing a party in the action, or the prospective juror bears some other relationship to any such person of such nature that it is likely to preclude him from being a fair and impartial juror. (3) The prospective juror has served on any jury which heard evidence concerning the offense charged. (4) The prospective juror has a state of mind that will preclude him from being a fair and impartial juror. (b) A challenge for cause may be taken by any party. If the court finds that grounds exist that support a challenge for cause against a prospective juror, he shall discharge such juror. 2017 NOTE: The reference in subsection (a)(1) to § 680.5 of the Code of Civil Procedure has been updated to reflect the codification of CCP § 680.5 as 7 GCA § 22105, “Grounds for Disqualification.” NOTE: Section 85.35 is new; it is based on §§ 1071 through 1074 of the California Penal Code. See generally B. Witkin, California Criminal Procedure Trial §§ 398-404 (1963, Supp. 1973).