Delaware Code

10 Del. C. § 4509 (2026)

Disqualification from jury service

✓ current as of May 2026
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(a) The Court shall determine on the basis of information provided on the juror qualification form or interview with the prospective juror or other competent evidence whether the prospective juror is disqualified for jury service.

(b) All persons are qualified for jury service except those who are:

(1) Not citizens of the United States;

(2) Less than 18 years of age;

(3) Not residents of the county of prospective jury service;

(4) Unable to read, speak and understand the English language;

(5) Incapable, by reason of physical or mental disability, of rendering satisfactory jury service; or

(6) Convicted felons who have not had their civil rights restored.

(c) A prospective juror may be required to submit proof as to possible disqualification, including a physician’s or Christian Science Practitioner’s certificate, and the physician or practitioner is subject to inquiry by the Court at its discretion.

60 Del. Laws, c. 225, §  262 Del. Laws, c. 219, §  166 Del. Laws, c. 5, §  1
Notes of Decisions
Cited in 2 cases (2 in the last 5 years), 2021–2021 · leading case: Swan v. State (Del. 2021).
Swan v. State (Del. 2021). “”95 The juror’s testimony during the 2019 evidentiary hearing revealed her genuine confusion on the meaning of the question concerning her prior arrest and her belief that she was truthful about her brother.”
Capriglione v. State of Delaware (Del. 2021). “B Because the text and historical understanding of Section 21 do not answer the question before us conclusively, “we next turn to precedent to help us determine the meaning of ‘infamous crime.”
— 10 Del. C. § 4509(b)(6) — 2 cases
Swan v. State (Del. 2021). “”95 The juror’s testimony during the 2019 evidentiary hearing revealed her genuine confusion on the meaning of the question concerning her prior arrest and her belief that she was truthful about her brother.”
Capriglione v. State of Delaware (Del. 2021). “B Because the text and historical understanding of Section 21 do not answer the question before us conclusively, “we next turn to precedent to help us determine the meaning of ‘infamous crime.”
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