Cal. Codes » Penal Code / PART 2. OF CRIMINAL PROCEDURE / TITLE 4. GRAND JURY PROCEEDINGS / CHAPTER 2. Formation of Grand Jury / ARTICLE 1. Qualifications of Grand Jurors
California Codes

Cal. Penal Code § 893 (2026)

Qualifications of Grand Jurors

✓ current as of May 2026
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(a)A person is competent to act as a grand juror only if he possesses each of the following qualifications:

(1)He is a citizen of the United States of the age of 18 years or older who shall have been a resident of the state and of the county or city and county for one year immediately before being selected and returned.

(2)He is in possession of his natural faculties, of ordinary intelligence, of sound judgment, and of fair character.

(3)He is possessed of sufficient knowledge of the English language.

(b)A person is not competent to act as a grand juror if any of the following apply:

(1)The person is serving as a trial juror in any court of this state.

(2)The person has been discharged as a grand juror in any court of this state within one year.

(3)The person has been convicted of malfeasance in office or any felony or other high crime.

(4)The person is serving as an elected public officer.

Notes of Decisions
Cited in 9 cases (2 in the last 5 years), 1971–2024 · leading case: People v. Ansell, 24 P.3d 1174 (Cal. 2001).
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People v. Ansell, 24 P.3d 1174 (Cal. 2001). “(a)(5) [stating that persons “convicted of malfeasance in office or a felony” are not “eligible and qualified to be prospective trial jurors”]; Pen. Code, § 893, subd. (b)(3) [stating that anyone who has been “convicted of malfeasance in office or any felony or other high crime”…”
Contra Costa Cnty. Soc. Servs. Dep't v. Holly H., 128 Cal. Rptr. 2d 907 (Cal. Ct. App. 2002). “, § 197; Pen. Code, § 893); obtain a chauffeur’s license or drive a school bus (Veh.”
Quadra v. Superior Court of City & Cty. of San Francisco, 378 F. Supp. 605 (N.D. Cal. 1974). · cites it 2× “Cal.Penal Code § 893(a). A person is not competent to serve if he is serving as a trial juror in any court of the State, if he has been discharged as a grand juror by a State court within one year prior to the time for selection, if he has been convicted of “malfeasance in…”
Quadra v. Superior Ct. of City & Cty. of San Francisco, 403 F. Supp. 486 (N.D. Cal. 1975). · cites it 2× “Cal. Penal Code § 893 (a). Under the statute a Iverson is not competent to serve if he is serving as a trial juror in any court of the state, if he has been discharged as a grand juror by a state court within one year prior to the time for selection, if lie has been convicted of…”
People v. Hoiland, 22 Cal. App. 3d 530 (Cal. Ct. App. 1971). “Our previous discussion concerning the constitutionality of the latter section fully answers defendants’ contentions concerning the exclusion from the grand jury of persons 18-20 years of age.”
People v. Johnson, 33 Cal. App. 3d 9 (Cal. Ct. App. 1973). · cites it 2× “Defendant Clark claims, in addition, that the particular grand jury which indicted her was improperly constituted because inadequate steps were taken to determine whether any of the members of the grand jury were serving as trial jurors while sitting on the grand jury" (Pen.…”
People v. Romero, 204 Cal. App. 4th 704 (Cal. Ct. App. 2012). · cites it 2× “(Pen. Code, § 893, subd. (a).) Several characteristics disqualify a person, otherwise qualified, from grand jury service: (1) current service as a trial juror, (2) discharge as a grand juror within one year prior to current service, (3) conviction of any felony or malfeasance in…”
United States v. Kelly (D.D.C. 2023). “§§ 203(a)(9)–(10); Cal. Penal Code § 893 (b)(3); Or. Rev. Stat.”
Stinn v. United States (E.D.N.Y 2024). “¶ 1), his conviction means that he cannot serve on a grand jury, Cal. Penal Code § 893 , cannot hold any California public office, Cal.”
Cal. Penal Code § 893(a): 1 case
Quadra v. Superior Court of City & Cty. of San Francisco, 378 F. Supp. 605 (N.D. Cal. 1974). “Cal.Penal Code § 893(a). A person is not competent to serve if he is serving as a trial juror in any court of the State, if he has been discharged as a grand juror by a State court within one year prior to the time for selection, if he has been convicted of “malfeasance in…”
Cal. Penal Code § 893(b): 1 case
Quadra v. Superior Court of City & Cty. of San Francisco, 378 F. Supp. 605 (N.D. Cal. 1974). “Cal.Penal Code § 893(a). A person is not competent to serve if he is serving as a trial juror in any court of the State, if he has been discharged as a grand juror by a State court within one year prior to the time for selection, if he has been convicted of “malfeasance in…”
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