O.C.G.A. § 15-12-12 (2019)
Power of chief judge of superior court to appoint a jury clerk and other necessary personnel; juror qualifications
(a) In all counties of this state where the chief superior court judge of the county had the power to appoint a jury clerk on January 1, 2011, the chief judge of the superior court of such counties shall continue to have the power to appoint a jury clerk and such other personnel as may be deemed necessary or advisable to dispatch the work of the court, and the appointments to such positions and the compensation therefor shall be determined by such judge without regard to any other system or rules, such personnel to serve at the pleasure of such judge, and the salaries and expenses thereof and any attendant expenses of administration of the courts are determined to be contingent expenses of court and shall be paid as provided by law for the payment of contingent expenses. The duties of such personnel shall be as prescribed by such judge. (b) All prospective jurors in such counties shall be required to answer questionnaires as may be determined and submitted by the chief superior court judge of such counties concerning their qualifications as jurors. (c) In the event any such person fails or refuses to answer such questionnaire, the clerk shall report such failure or refusal to the court, together with the facts concerning the same, and the court shall have such jurisdiction as is now provided by law for subpoena, attachment, and contempt powers. (d) This Code section shall be in addition and supplemental to other provisions provided by law, with a view toward efficient and orderly handling of jury selection and the administration of justice.
History
(Code 1981, § 15-12-12, enacted by Ga. L. 2014, p. 451, § 6/HB 776.)
Annotations
Editor’s notes. - This article was based on Ga. L. 1878-79, p. 27, §§ 1-3; Ga. L. 1880-81, p. 124, § 1; Code 1882, §§ 3910a-3910c; Ga. L. 1882-83, p. 101,
§§ 1-2; Ga. L. 1887, p. 52, § 1; Penal Code 1895, §§ 813-814, 816, 1109; Ga. L. 1899, p. 78, § 1; Ga. L. 1901, p. 43, § 1; Penal Code 1910, §§ 813- 815, 817, 1138; Code
1933, §§ 59-101-59-105; Ga. L. 1935, p. 151, § 1; Ga. L. 1941, p. 344, § 1; Ga. L. 1951, p. 693, § 1; Ga. L. 1974, p. 388, § 1; Ga. L. 1975, p. 826, § 1; Ga. L. 1982, p. 548, §§ 1, 2; Ga. L. 1982, p. 1230, §§ 1, 2; Ga. L. 1984, p. 22, § 15; Ga. L. 1985, p. 887, § 1; Ga. L. 1992, p. 1692, § 1; Ga. L. 1995, p. 1292, § 3; Ga. L. 2011, p. 59,
§§ 1-12, 1-14/HB 415; Ga. L. 2012, p. 775, § 15/HB 942. Ga. L. 2014, p. 862, § 8/HB 1078, purported to amend paragraph (b)(2) of Code Section 15-12-23; however, due to the earlier repeal of this Code section, this amendment has not been given effect.
ARTICLE 3 SELECTION OF JURORS Cross references. - Discrimination against employee for attending a judicial
proceeding in response to a court order or process, § 34-1-3.
JUDICIAL DECISIONS Constitutionality of jury selection system. - There is no constitutional defect in system of selecting jurors. Mann v. Cox, 487 F. Supp. 147 (S.D. Ga. 1979). Purpose and construction. - Statutes for selecting jurors, drawing and summoning jurors, form no part of a system to procure an impartial jury to parties. The statutes establish a mode of distributing jury duties among persons in the respective counties, the statutes provide for rotation in jury service, the stat-
utes prescribe the qualifications of jurors, and the time and manner of summoning the jurors, and are directory to those whose duty it is to select, draw, and summon persons for jurors. Obviously, however, a disregard of the essential and substantial provisions of the statute will have the effect of vitiating the array. Franklin v. State, 245 Ga. 141, 263 S.E.2d 666, cert. denied, 447 U.S. 930, 100 S. Ct. 3029, 65 L. Ed. 2d 1124 (1980).
RESEARCH REFERENCES C.J.S. - 38A C.J.S., Grand Juries, § 32. ALR. - Validity of jury selection as affected by accused’s absence from con-
ducting of procedures for selection and impaneling of final jury panel for specific case, 33 ALR4th 429.