Ark. Code Ann. § 16-32-303 (2026)
Judicial determination of need for expanded list
- The administrative circuit judge for each county shall determine that either the list of registered voters or the enhanced list, but not both, shall be utilized in the selection of all prospective jurors for all circuit court divisions within the county, based upon a consideration of whether the use of registered voters creates a sufficient pool for the selection of jurors to offer an adequate cross section of the community.
- If the judge determines that the enhanced prospective juror list, as described in § 16-32-302, should be used by the county, then the judge on or before October 1 shall inform the circuit clerk who shall notify the Secretary of State and the Administrative Office of the Courts that the enhanced list will be requested for the county.
History. Acts 2003, No. 1404, § 3; 2005, No. 87, § 10.
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
Enhancement Not Warranted.
In a capital murder case, the trial court did not abuse its discretion by failing to enhance the prospective jury pool because the decision to use a list of registered voters instead of a list of licensed drivers was clearly within the court's discretion pursuant to this section. In addition, the jury venire was randomly selected by a computer program and race was not identified. Thomas v. State, 370 Ark. 70, 257 S.W.3d 92, cert. denied, 552 U.S. 1025, 128 S. Ct. 620, 169 L. Ed. 2d 399 (2007).