Ark. Code Ann. » Title 16 Chapter 32
Arkansas Code Annotated

Ark. Code Ann. § 16-32-201 (2026)

Selection of grand jury

✓ current as of May 2026
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    1. The selecting, summoning, and impaneling of a grand jury shall be as prescribed by law.
      1. Circuit courts to which criminal cases are assigned may call grand jurors from the jury wheel or box from which petit jurors are drawn, or the circuit judge may direct the circuit clerk to provide the minimum number of names for a separate grand jury wheel or box in the minimum number set forth in § 16-32-103(a)-(d).
      2. In the event the circuit judge directs the circuit clerk to provide the minimum number of names for a separate grand jury wheel or box, the circuit clerk shall select the names of persons whom the circuit clerk believes to be qualified from the current voter registration list or the enhanced prospective juror list authorized by § 16-32-302.
    3. In either event, when a grand jury is selected, the names of a sufficient number of persons shall be drawn from the appropriate box or wheel to provide a panel of sixteen (16) qualified grand jurors, plus a reasonable number of alternates, after excuses from attendance have been granted to those who are entitled to be excused.
    4. As the names are drawn, they shall be recorded in the grand jury book, and the grand jurors shall be summoned and directed to appear in the same manner as provided for petit jurors.
    5. The grand jury shall be made up of the first sixteen (16) persons summoned whose names appear as grand jurors in the jury book after the elimination of the disqualified or excused persons.
      1. The remaining grand jurors whose names appear in the jury book after the elimination of disqualified or excused persons shall be considered as alternates and shall be designated in the order as they appear in the jury book to replace regular grand jurors who become incapacitated or who are unavailable.
      2. Alternate grand jurors shall not be disqualified from further jury duty as provided in § 16-31-104 until they have been required to report for grand jury service during the year.
    7. Grand jurors shall serve during the calendar year in which selected unless sooner discharged by the court.
  2. The drawing and recording of grand jurors under subsection (a) of this section may be accomplished by a computerized random jury selection process.
  3. In either event, when a grand jury is selected, the names of a sufficient number of persons shall be drawn from the appropriate box or wheel to provide a panel of sixteen (16) qualified grand jurors, plus a reasonable number of alternates, after excuses from attendance have been granted to those who are entitled to be excused.
  4. As the names are drawn, they shall be recorded in the grand jury book, and the grand jurors shall be summoned and directed to appear in the same manner as provided for petit jurors.
  5. The grand jury shall be made up of the first sixteen (16) persons summoned whose names appear as grand jurors in the jury book after the elimination of the disqualified or excused persons.
  6. The remaining grand jurors whose names appear in the jury book after the elimination of disqualified or excused persons shall be considered as alternates and shall be designated in the order as they appear in the jury book to replace regular grand jurors who become incapacitated or who are unavailable. Alternate grand jurors shall not be disqualified from further jury duty as provided in § 16-31-104 until they have been required to report for grand jury service during the year.
  7. Grand jurors shall serve during the calendar year in which selected unless sooner discharged by the court.

History. Crim. Code, § 98; C. & M. Dig., § 2977; Pope's Dig., § 3799; Acts 1975, No. 485, § 6; A.S.A. 1947, §§ 39-217.1, 43-901; Acts 2005, No. 87, § 7; 2017, No. 600, § 7.

Amendments. The 2017 amendment, in (a)(2)(A), inserted “jury” preceding “wheel”, and substituted “circuit clerk” for “jury commissioners”; in (a)(2)(B), substituted “circuit clerk” for “jury commissioners” twice, and substituted “the circuit clerk believes” for “they believe”.

Cross References. Qualifications of grand jurors, § 16-31-101.

RESEARCH REFERENCES

U. Ark. Little Rock L. Rev.

Survey of Legislation, 2005 Arkansas General Assembly, Practice, Procedure, and Courts, 28 U. Ark. Little Rock L. Rev. 377.

Case Notes

In General.

Grand jury may be lawfully selected pursuant to statutory provisions or where the circuit court causes them to be selected in the exercise of its inherent constitutional right. Rowland v. State, 213 Ark. 780, 213 S.W.2d 370 (1948), cert. denied, 336 U.S. 918, 69 S. Ct. 641, 93 L. Ed. 1081 (1949).

Discrimination.

It is error not to permit accused black to show discrimination against his race in selection of grand jury. Castleberry v. State, 69 Ark. 346, 63 S.W. 670 (1901).

Evidence that a grand jury contained but one black, no women, no one under fifty years of age, and that all but one were business men or retired persons, and that all were college graduates or had some college training, was evidence that discrimination against the excluded groups was practiced in the selection of the grand jury and that the grand jury was unconstitutionally selected. Jewell v. Stebbins, 288 F. Supp. 600 (E.D. Ark. 1968) (decision under prior law).

Method of Selection.

A motion to quash on the grounds that a juror was sworn under a different name than appeared on the jury list was properly refused where the court found that the juror was the same person selected by the commissioners. Boles v. State, 58 Ark. 35, 22 S.W. 887 (1893).

Objections.

Objections to the organization of the grand jury must be made by motion to set aside the indictment; by pleading to the indictment, the illegality of the grand jury is waived. Wright v. State, 42 Ark. 94 (1883); Carpenter v. State, 62 Ark. 286, 36 S.W. 900 (1896).

Any alleged illegal discrimination in the selection and impaneling of the grand jury will be raised by a motion to quash. Rowland v. State, 213 Ark. 780, 213 S.W.2d 370 (1948), cert. denied, 336 U.S. 918, 69 S. Ct. 641, 93 L. Ed. 1081 (1949) (decision under prior law).

Presumption.

When the record discloses that persons named were duly impaneled as grand jury, it will be presumed, in the absence of a contrary showing, that the other persons who were summoned but did not serve as grand jurors were excused for cause; presumption is that grand jury was properly constituted. Wallis v. State, 54 Ark. 611, 16 S.W. 821 (1891); Bates v. State, 60 Ark. 450, 30 S.W. 890, 1895 Ark. LEXIS 186 (1895).

Cited: Abernathy v. Patterson, 295 Ark. 551, 750 S.W.2d 406 (1988).

Notes of Decisions
Cited in 2 cases, 1988–2007 · leading case: Abernathy v. Patterson, 750 S.W.2d 406 (Ark. 1988).
Sort: Relevance Newest Treatment
Abernathy v. Patterson, 750 S.W.2d 406 (Ark. 1988). · cites it 6× “1985)] exclusively controls the selection of jurors, whereas the respondent argues that the selection may be made in accordance with either Ark. Code Ann. § 16-32-201 (1987) [Ark. Stat.”
Foster v. Hill, 269 S.W.3d 791 (Ark. 2007). · cites it 2× “Whether Ark. Code Ann. § 16-32-201 (a)(2)(A) (Supp.”
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