Whenever, in the opinion of a judge of a superior court about to try a defendant against whom has been filed any indictment or information or complaint, the trial is likely to be a protracted one, the court may cause an entry to that effect to be made in the minutes of the court, and thereupon, immediately after the jury is impaneled and sworn, the court may direct the calling of one or more additional jurors, in its discretion, to be known as “alternate jurors.”
The alternate jurors must be drawn from the same source, and in the same manner, and have the same qualifications as the jurors already sworn, and be subject to the same examination and challenges, provided that the prosecution and the defendant shall each be entitled to as many peremptory challenges to the alternate jurors as there are alternate jurors called. When two or more defendants are tried jointly each defendant shall be entitled to as many peremptory challenges to the alternate jurors as there are alternate jurors called. The prosecution shall be entitled to additional peremptory challenges equal to the number of all the additional separate challenges allowed the defendant or defendants to the alternate jurors.
The alternate jurors shall be seated so as to have equal power and facilities for seeing and hearing the proceedings in the case, and shall take the same oath as the jurors already selected, and must attend at all times upon the trial of the cause in company with the other jurors, and for a failure so to do are liable to be punished for contempt.
They shall obey the orders of and be bound by the admonition of the court, upon each adjournment of the court; but if the regular jurors are ordered to be kept in the custody of the sheriff or marshal during the trial of the cause, the alternate jurors shall also be kept in confinement with the other jurors; and upon final submission of the case to the jury the alternate jurors shall be kept in the custody of the sheriff or marshal and shall not be discharged until the original jurors are discharged, except as hereinafter provided.
If at any time, whether before or after the final submission of the case to the jury, a juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his or her duty, or if a juror requests a discharge and good cause appears therefor, the court may order the juror to be discharged and draw the name of an alternate, who shall then take a place in the jury box, and be subject to the same rules and regulations as though the alternate juror had been selected as one of the original jurors.
Notes of Decisions
Cited in
121
cases (
17 in the last 5 years), 1951–2026 · leading case:
Johnson v. Williams, 133 S. Ct. 1088 (2013).
Johnson v. Williams, 133 S. Ct. 1088 (2013).
· cites it 4× “” Cal. Penal Code Ann. §1089 (West 2004). Although Williams’ brief challenged the questioning and dismissal of Juror 6 Cite as: 568 U.”
People v. Cleveland, 21 P.3d 1225 (Cal. 2001).
· cites it 6× “) II Penal Code section 1089 provides, in pertinent part: "If at any time, whether before or after the final submission of the case to the jury, a juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his duty, or if a juror…”
People v. Williams, 21 P.3d 1209 (Cal. 2001).
· cites it 4× “) Instead, a juror's refusal or inability to deliberate or, as here, a juror's inability or unwillingness to perform the duties of a juror (Pen.Code, § 1089), must appear to a demonstrable reality before he or she may be discharged.”
People v. Rangel, 367 P.3d 649 (Cal. 2016).
“” The court stated that its ruling was “without prejudice to renewing your motion upon looking further into her background or upon” legal research.”
Williams v. Cavazos, 646 F.3d 626 (9th Cir. 2011).
· cites it 4× “6 under California Penal Code section 1089, which provides for the discharge of jurors for good cause.”
State v. Bobo, 814 S.W.2d 353 (Tenn. 1991).
· cites it 4× “Cal.Penal Code § 1089 (West 1985); Ga. Code Ann.”
People v. DeFrance, 167 Cal. App. 4th 486 (Cal. Ct. App. 2008).
· cites it 2× “) “When each side passes consecutively, the jury shall then be sworn, unless the court, for good cause, shall otherwise order.”
People v. Cottle, 138 P.3d 230 (Cal. 2006).
· cites it 3× “, §§ 233 & 234; Pen. Code, § 1089.) 4 The Legislature has eliminated the language upon which Armendariz, supra, 37 Cal.”
People v. Daniels, 802 P.2d 906 (Cal. 1991).
· cites it 2× “Penal Code section 1089 and Code of Civil Procedure section 233 (former Pen.”
People v. Ayala, 181 Cal. App. 4th 1440 (Cal. Ct. App. 2010).
· cites it 3× “On appeal, defendant contends that (1) the evidence is insufficient to support his murder conviction under the natural and probable consequences doctrine; (2) the court erred in discharging a juror for misconduct and substituting an alternate juror during deliberations (Pen.…”
People v. Fuiava, 269 P.3d 568 (Cal. 2012).
“” 33 “Penal Code section 1089 provides, in pertinent part: ‘If at any time, whether before or after the final submission of the case to the jury, a juror dies or becomes ill, or upon other good cause shown to the court is found to be unable to perform his duty, or if a juror…”
People v. Guerra, 129 P.3d 321 (Cal. 2006).
“and an alternate juror would be substituted in his place. The court admonished the jury that Juror R.”
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