(1) Any person who is a United States citizen and resides in a county or lives in such county more than fifty percent of the time, whether or not registered to vote, shall be qualified to serve as a trial or grand juror in such county. Citizenship and residency status on the date that the jury service is to be performed shall control.
(2) A prospective trial or grand juror shall be disqualified, based on the following grounds:
(a) Being under the age of eighteen;
(b) Inability to read, speak, and understand the English language;
(c) Inability, by reason of a physical or mental disability, to render satisfactory juror service. Any person claiming this disqualification shall submit a letter, if the jury commissioner requests it, from a licensed physician, licensed physician assistant authorized under section 12- 240-107 (6), licensed advanced practice registered nurse, or authorized Christian science practitioner, stating the nature of the disability and an opinion that such disability prevents the person from rendering satisfactory juror service. The physician, physician assistant, licensed advanced practice registered nurse, or authorized Christian science practitioner shall apply the following guideline: A person shall be capable of rendering satisfactory juror service if the person is able to perform a sedentary job requiring close attention for three consecutive business days for six hours per day, with short breaks in the morning and afternoon sessions.
(d) Sole responsibility for the daily care of an individual with a permanent disability living in the same household to the extent that the performance of juror service would cause a substantial risk of injury to the health of the individual with a disability. Jurors who are regularly employed at a location other than their households may not be disqualified for this reason. Any person claiming this disqualification shall, if the jury commissioner requests it, submit a letter from a licensed physician, licensed physician assistant authorized under section 12-240-107 (6), licensed advanced practice registered nurse, or authorized Christian science practitioner stating the name, address, and age of the individual with a disability, the nature of care provided by the prospective juror, and an opinion that the performance of juror service would cause a substantial risk of injury to the individual with a disability.
(e) Residence outside of the county with no intention of returning to the county at any time during the succeeding twelve months;
(f) Selection and service as an impaneled trial or grand juror in any municipal, tribal, military, state, or federal court within the preceding twelve months or being scheduled for juror service within the next twelve months. Any person claiming this disqualification must submit a letter or other formal acknowledgment from the appropriate authority verifying his or her prior or pending juror service.
(g) Appearance as a prospective juror in state court in accordance with the provisions of section 13-71-120 within the current calendar year. Any person claiming this disqualification shall submit a letter or other formal acknowledgment from the appropriate authority verifying such prior juror appearance. This exemption, however, does not apply in emergency circumstances as provided for in section 13-71-112.
(h) (Deleted by amendment, L. 2000, p. 32, § 2, effective August 2, 2000.)
(3) A prospective grand juror shall be disqualified if he or she has previously been convicted of a felony in this state, any other state, the United States, or any territory under the jurisdiction of the United States.
Source: L. 89: Entire article R&RE, p. 766, § 1, effective January 1, 1990. L. 98: (2)(g) and (2)(h) added, p. 464, § 2, effective January 1, 1999. L. 2000: (2)(f), (2)(g), and (2)(h) amended, p. 32, § 2, effective August 2. L. 2002: (3) added, p. 761, § 12, effective July 1. L. 2004: (2)(f) amended, p. 277, § 2, effective August 4. L. 2008: (2)(c) and (2)(d) amended, p. 124, § 4, effective January 1, 2009. L. 2011: (2)(f) and (2)(g) amended, (HB 11-1153), ch. 70, p. 189, § 2, effective August 10. L. 2014: (2)(d) amended, (SB 14-118), ch. 250, p. 984, § 17, effective August 6. L. 2016: (2)(c) and (2)(d) amended, (SB 16-158), ch. 204, p. 724, § 10, effective August 10. L. 2019: (2)(c) and (2)(d) amended, (HB 19-1172), ch. 136, p. 1667, § 75, effective October 1.
Editor's note: This section is similar to former § 13-71-109 as it existed prior to 1989.
Cross references: For the legislative declaration in SB 16-158, see section 1 of chapter 204, Session Laws of Colorado 2016.
Notes of Decisions
Cited in
17
cases, 1988–2019 · leading case:
v. Abu-Nantambu-El, 2019 CO 106 (Colo. 2019).
v. Abu-Nantambu-El, 2019 CO 106 (Colo. 2019).
· cites it 4× “§ 13-71-105(1), C.R.S. (2019). Further, prospective jurors “shall be disqualified” if they are under the age of eighteen; unable to read, speak, or understand English; or unable to render jury service because of a mental or physical disability.”
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “2005) Colorado 18 Colo. Rev. Stat. § 13-71-105 (2)(a) (Lexis 2004) Connecticut 18 Conn.”
People v. Ellis, 148 P.3d 205 (Colo. Ct. App. 2006).
· cites it 14× “To the contrary, we conclude that § 13-71-105 serves the legitimate government objective of providing convicted felons with the opportunity to participate in the American judicial process once their sentences have been served.”
v. People, 2019 CO 105 (Colo. 2019).
“§ 13-71-105(1), (2), C.R.S. (2019). Although a prospective juror may therefore be qualified in terms of citizenship and vicinage, he nevertheless “shall be disqualified” for failing to meet any of a number of other 5 conditions related to such things as his age, facility with…”
People v. White, 242 P.3d 1121 (Colo. 2010).
· cites it 35× “I respectfully dissent because I cannot agree with the majority's interpretation of section 13-71-105 or its reliance on the principal-or-primary-home test to determine the residency, and hence qualification, of Juror C.”
People v. Duncan, 33 P.3d 1180 (Colo. Ct. App. 2001).
· cites it 3× “The trial court denied the request, finding that the juror's command of the English language was sufficient for purposes of jury service.”
Marriage of Brandt v. Brandt, 268 P.3d 406 (Colo. 2012).
· cites it 2× “Those statutes include section 1-2-102, C.R.S. (2011) addressing voter registration, section 13-71-105(1) & (2)(e) addressing jury service, and section 14-10-181.”
People v. Williams, 827 P.2d 612 (Colo. Ct. App. 1992).
· cites it 4× “Section 13-71-105(1), C.R.S. (1991 Cum.Supp.”
v. Richardson, 2018 COA 120 (Colo. Ct. App. 2018).
· cites it 2× “See § 13-71-105, C.R.S. 2017; Novotny, ¶ 7. But see C.”
People v. Page, 907 P.2d 624 (Colo. Ct. App. 1995).
· cites it 2× “See § 13-71-105, C.R.S. (1994 Cum. Supp.); § 16-10-103, C.”
People v. Janes, 942 P.2d 1331 (Colo. Ct. App. 1997).
· cites it 2× “The Act also provides, in § 13-71-105(2)(e), C.R.S. (1996 Cum.Supp.”
People v. Washington, 179 P.3d 153 (Colo. Ct. App. 2007).
“See §§ 13-71-105, 13-71-107,13-71-108(1), C.R.”
— Colo. Rev. Stat. § 13-71-105(1) — 6 cases
v. Abu-Nantambu-El, 2019 CO 106 (Colo. 2019).
“§ 13-71-105(1), C.R.S. (2019). Further, prospective jurors “shall be disqualified” if they are under the age of eighteen; unable to read, speak, or understand English; or unable to render jury service because of a mental or physical disability.”
v. People, 2019 CO 105 (Colo. 2019).
“§ 13-71-105(1), (2), C.R.S. (2019). Although a prospective juror may therefore be qualified in terms of citizenship and vicinage, he nevertheless “shall be disqualified” for failing to meet any of a number of other 5 conditions related to such things as his age, facility with…”
Marriage of Brandt v. Brandt, 268 P.3d 406 (Colo. 2012).
“Those statutes include section 1-2-102, C.R.S. (2011) addressing voter registration, section 13-71-105(1) & (2)(e) addressing jury service, and section 14-10-181.”
People v. White, 242 P.3d 1121 (Colo. 2010).
“I respectfully dissent because I cannot agree with the majority's interpretation of section 13-71-105 or its reliance on the principal-or-primary-home test to determine the residency, and hence qualification, of Juror C.”
People v. Williams, 827 P.2d 612 (Colo. Ct. App. 1992).
“Section 13-71-105(1), C.R.S. (1991 Cum.Supp.”
— Colo. Rev. Stat. § 13-71-105(2) — 1 case
People v. Ellis, 148 P.3d 205 (Colo. Ct. App. 2006).
“To the contrary, we conclude that § 13-71-105 serves the legitimate government objective of providing convicted felons with the opportunity to participate in the American judicial process once their sentences have been served.”
— Colo. Rev. Stat. § 13-71-105(2)(a) — 1 case
v. Abu-Nantambu-El, 2019 CO 106 (Colo. 2019).
“§ 13-71-105(1), C.R.S. (2019). Further, prospective jurors “shall be disqualified” if they are under the age of eighteen; unable to read, speak, or understand English; or unable to render jury service because of a mental or physical disability.”
— Colo. Rev. Stat. § 13-71-105(2)(b) — 2 cases
People v. Duncan, 33 P.3d 1180 (Colo. Ct. App. 2001).
“The trial court denied the request, finding that the juror's command of the English language was sufficient for purposes of jury service.”
— Colo. Rev. Stat. § 13-71-105(2)(e) — 2 cases
People v. Janes, 942 P.2d 1331 (Colo. Ct. App. 1997).
“The Act also provides, in § 13-71-105(2)(e), C.R.S. (1996 Cum.Supp.”
People v. White, 242 P.3d 1121 (Colo. 2010).
“I respectfully dissent because I cannot agree with the majority's interpretation of section 13-71-105 or its reliance on the principal-or-primary-home test to determine the residency, and hence qualification, of Juror C.”
— Colo. Rev. Stat. § 13-71-105(3) — 2 cases
v. Abu-Nantambu-El, 2019 CO 106 (Colo. 2019).
“§ 13-71-105(1), C.R.S. (2019). Further, prospective jurors “shall be disqualified” if they are under the age of eighteen; unable to read, speak, or understand English; or unable to render jury service because of a mental or physical disability.”
People v. Ellis, 148 P.3d 205 (Colo. Ct. App. 2006).
“To the contrary, we conclude that § 13-71-105 serves the legitimate government objective of providing convicted felons with the opportunity to participate in the American judicial process once their sentences have been served.”
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