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AP II, Sec. 8 Disqualification for jury service; permanent exemption

Baldwin's Kentucky Revised Statutes AnnotatedAdministrative Procedures of the Court of Justice

Baldwin's Kentucky Revised Statutes Annotated
Administrative Procedures of the Court of Justice
Part II. Jury Selection and Management (Refs & Annos)
Administrative Procedures, AP II, Sec. 8
AP II, Sec. 8 Disqualification for jury service; permanent exemption
(1) The chief circuit judge or one or more judges of the court, the circuit court clerk or a deputy clerk, the court administrator, or a deputy court administrator designated by the chief circuit judge shall determine on the basis of the information provided on the juror qualification form whether the prospective juror is disqualified for jury service for any of the reasons listed in subsection (2) of this section. This determination shall be entered in the space provided on the juror qualification form, signed by the chief circuit judge or designee, and updated by the county in the Jury Management Program. The chief circuit judge shall cause each disqualified juror to be immediately notified of his or her disqualification.
(2) A prospective juror is disqualified to serve on a jury if he or she:
(a) Is under 18 years of age;
(b) Is not a citizen of the United States;
(c) Is not a resident of the county;
(d) Has insufficient knowledge of the English language;
(e) Has been previously convicted of a felony and:
1. Has not received a full pardon or full restoration of civil rights by the governor or other authorized person of the jurisdiction in which the prospective juror was convicted;
2. Has not received a partial pardon or partial restoration of civil rights expressly restoring the right to serve on a jury by the governor or other authorized person of the jurisdiction in which the prospective juror was convicted; or
3. Has not had the felony conviction vacated, dismissed, and expunged pursuant to KRS 431.073 and the prospective juror is not otherwise prohibited from serving on a jury;
(f) Is presently under indictment; or
(g) Has served on a jury within the time limitations set out in Section 13 of these Rules.
(3) The chief circuit judge may grant a permanent exemption based upon an individual's request and a finding of a permanent medical condition rendering the individual incapable of serving. The judge granting the permanent exemption shall sign the juror qualification form and notify the requesting individual and the Administrative Office of the Courts. Upon receiving notification of a permanent exemption, the Administrative Office of the Courts shall remove the individual's name from the master list and update the Jury Management Program.
(4) There shall be no waiver of these disqualifications, except that pursuant to the federal Americans with Disabilities Act of 1990, an individual with a disability shall not be disqualified solely by reason of the disability. For the purposes of this section, “individual with a disability” means a person with a physical or mental impairment that substantially limits one or more of the major life activities of the individual, a record of the impairment, or being regarded as having the impairment.

Credits

HISTORY: Amended by Order 2017-04, eff. 10-1-17; prior amendment eff. 10-7-94; adopted by Order 91-2, eff. 11-15-91
<Research Note>
Note: The administrative procedures which follow were approved by the Supreme Court by Order entered November 4, 1977, to have the same effect as if issued by rule of the Supreme Court.
Administrative Procedures, AP II, Sec. 8, KY ST ADMIN P AP II, Sec. 8
Current with amendments received through January 15, 2020.
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