(1) Juror service is a duty that every qualified person has an obligation to perform when selected.
(2) All trial and grand jurors shall be selected at random from a fair cross section of the population of the area served by the court. All selected and summoned jurors shall serve, except as otherwise provided in this article or by court rule.
(3) (a) A person shall not be exempted or excluded from serving as a trial juror or grand juror because of race, color, religion, sex, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, economic status, or occupation.
(b) A person with a disability shall serve except:
(I) As otherwise provided in section 13-71-105 or 13-71-119.5; or
(II) Where the court finds that such person's disability prevents the person from performing the duties and responsibilities of a juror.
(c) Before dismissing a person with a disability pursuant to paragraph (b) of this subsection (3), the court shall interview the person to determine the reasonable accommodations, if any, consistent with federal and state law, that the court may make available to permit the person to perform the duties of a juror.
(4) The court shall strictly enforce the provisions of this article; except that the supreme court may provide by rule for the exclusion in a criminal trial of a juror who is employed by a public law enforcement agency or public defender's office.
Source: L. 89: Entire article R&RE, p. 766, § 1, effective January 1, 1990. L. 96: Entire section amended, p. 737, § 8, effective July 1. L. 98: Entire section amended, p. 304, § 1, effective April 17; entire section amended, p. 464, § 1, effective January 1, 1999. L. 2000: (2) amended, p. 32, § 1, effective August 2. L. 2004: (1) and (3) amended, p. 276, § 1, effective August 4. L. 2008: (3)(a) amended, p. 1600, § 20, effective May 29. L. 2021: (3)(a) amended, (HB 21-1108), ch. 156, p. 891, § 18, effective September 7.
Editor's note: (1) This section is similar to former § 13-71-103 as it existed prior to 1989.
(2) Amendments to this section by Senate Bill 98-136 and Senate Bill 98-066 were harmonized.
Cross references: For the legislative declaration contained in the 2008 act amending subsection (3)(a), see section 1 of chapter 341, Session Laws of Colorado 2008. For the legislative declaration in HB 21-1108, see section 1 of chapter 156, Session Laws of Colorado 2021.
Notes of Decisions
Cited in
11
cases, 1984–2019 · leading case:
People v. Veloz, 946 P.2d 525 (Colo. Ct. App. 1997).
People v. Veloz, 946 P.2d 525 (Colo. Ct. App. 1997).
· cites it 24× “The court denied the challenge, concluding that, under § 13-71-104, C.R.S. (1996 Cum.Supp.), a prospective juror may not be disqualified on the basis of his or her occupation, and that by enacting § 13-71-104, the General Assembly had "eliminated" § 16-10-103(1)(k).”
v. Abu-Nantambu-El, 2019 CO 106 (Colo. 2019).
· cites it 2× “§ 13-71-104(4), C.R.S. (2019). ¶16 The legislature also requires a trial court, upon a party’s challenge, to remove jurors when particular circumstances implicate their ability to remain impartial.”
Cerrone v. People, 900 P.2d 45 (Colo. 1995).
· cites it 8× “All trial and grand jurors shall be selected at random from a fair cross section of the population of the area served by the court. All selected and summoned jurors shall serve, except as otherwise provided in this article.”
People v. Cerrone, 854 P.2d 178 (Colo. 1993).
· cites it 2× “(1987) (repealed and reenacted in modified form as part of § 13-71-104, 6A C.R.S. (1992 Supp.)), which provided that "[a] citizen shall not be excluded from jury service in this state on account of race, .”
People v. Washington, 179 P.3d 153 (Colo. Ct. App. 2007).
· cites it 2× “84 (1940)); see also § 13-71-104(2), C.R.S.2006 (“All trial and grand jurors shall be selected at random from a fan-cross section of the population of the area served by the court.”
Donelson v. Fritz, 70 P.3d 539 (Colo. Ct. App. 2002).
· cites it 2× “Finally, we note that the statutory provision addressing the right of persons with disabilities to serve on juries, § 13-71-104(8)(b), C.R.S.2002, was not raised by the parties in the trial court or on appeal.”
People v. Janes, 942 P.2d 1331 (Colo. Ct. App. 1997).
· cites it 3× “Section 13-71-104, C.R.S. (1996 Cum. Supp.”
People v. Gabler, 958 P.2d 505 (Colo. Ct. App. 1997).
· cites it 2× “1993); § 13-71-104, C.R.S.1997. In Batson , the Supreme Court outlined a three-part test for determining whether a peremptory challenge constitutes purposeful discrimination against a cognizable group.”
People v. Coughlin, 304 P.3d 575 (Colo. Ct. App. 2011).
“" § 13-71-104(8)(b)(I1), C.R.98.2010. When there is a challenge based on a physical disability, a trial court has discretion to determine whether the challenged juror can adequately perform, and we will not disturb the court's determination if it finds support in the record.”
Aurora by & on Behalf of People v. Rhodes, 689 P.2d 603 (Colo. 1984).
“It provides procedures for summoning and selecting jurors in district courts, § 13-71-104(2), 6 C.R.S. (1973), and has been made expressly applicable to jury trials in county courts by section 13-6-308, 6 C.”
City of Aurora ex rel. People v. Rhodes, 689 P.2d 603 (Colo. 1984).
“It provides procedures for summoning and selecting jurors in district courts, § 13-71-104(2), 6 C.R.S. (1973), and has been made expressly applicable to jury trials in county courts by section 13-6-308, 6 C.”
— Colo. Rev. Stat. § 13-71-104(2) — 3 cases
People v. Washington, 179 P.3d 153 (Colo. Ct. App. 2007).
“84 (1940)); see also § 13-71-104(2), C.R.S.2006 (“All trial and grand jurors shall be selected at random from a fan-cross section of the population of the area served by the court.”
Aurora by & on Behalf of People v. Rhodes, 689 P.2d 603 (Colo. 1984).
“It provides procedures for summoning and selecting jurors in district courts, § 13-71-104(2), 6 C.R.S. (1973), and has been made expressly applicable to jury trials in county courts by section 13-6-308, 6 C.”
City of Aurora ex rel. People v. Rhodes, 689 P.2d 603 (Colo. 1984).
“It provides procedures for summoning and selecting jurors in district courts, § 13-71-104(2), 6 C.R.S. (1973), and has been made expressly applicable to jury trials in county courts by section 13-6-308, 6 C.”
— Colo. Rev. Stat. § 13-71-104(4) — 1 case
v. Abu-Nantambu-El, 2019 CO 106 (Colo. 2019).
“§ 13-71-104(4), C.R.S. (2019). ¶16 The legislature also requires a trial court, upon a party’s challenge, to remove jurors when particular circumstances implicate their ability to remain impartial.”
— Colo. Rev. Stat. § 13-71-104(8)(b) — 1 case
Donelson v. Fritz, 70 P.3d 539 (Colo. Ct. App. 2002).
“Finally, we note that the statutory provision addressing the right of persons with disabilities to serve on juries, § 13-71-104(8)(b), C.R.S.2002, was not raised by the parties in the trial court or on appeal.”
— Colo. Rev. Stat. § 13-71-104(8)(b)(I1) — 1 case
People v. Coughlin, 304 P.3d 575 (Colo. Ct. App. 2011).
“" § 13-71-104(8)(b)(I1), C.R.98.2010. When there is a challenge based on a physical disability, a trial court has discretion to determine whether the challenged juror can adequately perform, and we will not disturb the court's determination if it finds support in the record.”
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