Hawaii Revised Statutes

Haw. Rev. Stat. § 612-4 (2026)

Grounds of qualification and

✓ current as of July 2026

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§612-4 Grounds of qualification and disqualification. (a) A prospective juror shall be qualified to serve as a juror if the prospective juror is:

(1) A citizen of the United States and State;

(2) At least eighteen years old;

(3) A resident of the judicial circuit; and

(4) Able to read, speak, and understand the English language.

(b) A prospective juror shall be disqualified to serve as a juror if the prospective juror:

(1) Is incapable, by reason of the prospective juror's disability, of rendering satisfactory jury service; provided that a prospective juror claiming this disqualification may be required to submit a physician's, physician assistant's, or advanced practice registered nurse's certificate as to the disability, and the certifying physician, physician assistant, or advanced practice registered nurse is subject to inquiry by the court at its discretion;

(2) Has been convicted of a felony in a state or federal court and not finally discharged or pardoned; or

(3) Fails to meet the qualifications in subsection (a).

(c) For purposes of this section, "finally discharged" means the person has received or is eligible to receive a certificate of discharge pursuant to section 831-5. [L 1973, c 191, pt of §1; gen ch 1985; am L 1996, c 168, §1; am L 2007, c 122, §3; am L 2009, c 151, §22; am L 2014, c 45, §15; am L 2023, c 155, §2]

Cross References

Disqualification of judges, see §601-7.

Case Notes

Membership in police force no disqualification. 187 F.2d 719 (1951).

Fact that jury commissioners rejected for service with the grand jury persons convicted of misdemeanors though rejection was not legally required, did not invalidate jury list. 105 F. Supp. 727 (1952).

Jury competence is an individual rather than a group or class matter. 105 F. Supp. 727 (1952).

A juror is not disqualified to sit in a murder trial because juror is a remote connection by marriage of the deceased. 3 H. 381 (1872).

Reference to race permitted under prior laws. 5 H. 501 (1885).

Person holding commission as special constable, unpaid, not disqualified. 8 H. 10 (1890).

Serving in jury not considered holding public office and legislator qualified. 8 H. 434 (1892).

Juror's opinion formed on general talk leaving unconscious tendency one way or another, or find juror has sufficient knowledge of English though unable to define "impartial", etc. 20 H. 7 (1910).

Demand for trial by jury in prayer of complaint insufficient. 24 H. 777 (1919).

Action to quiet title, trial by jury. 28 H. 1 (1924), aff'd 7 F.2d 325 (1925).

Examination on voir dire, right to reject not to select. 30 H. 697 (1929).

Right to trial by jury, in partition. 30 H. 860 (1929).

Subdivision (1) does not include sex. In the absence of a showing of improper motive or injury to defendant, the fixing by the jury commission of a ratio between men and women to be included on the jury list, although irregular and not authorized by statute, does not warrant a quashal of an indictment. 45 H. 247, 365 P.2d 460 (1961).

Where prospective jurors were able to speak and understand English, trial court properly refused to excuse jurors for cause. 80 H. 107, 905 P.2d 613 (1995).

Notes of Decisions

Cited in 9 cases, 1986–2019 · leading case: State v. Mara, 41 P.3d 157 (Haw. 2002).

Sort: Relevance Newest Treatment

State v. Mara, 41 P.3d 157 (Haw. 2002). · cites it 22× “Additionally, Mara argued that the court's proposed method of narrowing the jury pool violated HRS § 612-4 (1993), see infra, which sets forth specific grounds for the qualification and disqualification of a juror, because the statutory grounds for disqualification do not…”

State v. Baron, 905 P.2d 613 (Haw. 1995). · cites it 23× “HRS § 612-4.(2)—Grounds for prospective juror, disqualification Appellant contends that the failure of the court to excuse for cause two prospective jurors who did not understand English, as required by HRS § 612-4(2), prevented him from fully exercising his right to three…”

Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “§§ 15-12-60 , 15-12-163 (Lexis 2001) Hawaii 18 Haw. Rev. Stat. § 612-4 (a)(1) (Supp. 2004) Idaho 18 Idaho Code § 2-209 (2)(a) (Michie 2004) Illinois 18 Ill.”

Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “Haw. Rev. Stat. § 612-4 (1985) Idaho Idaho Code § 2-209 (2)(a) (Supp.”

State v. Pali., 300 P.3d 1022 (Haw. 2013). · cites it 2× “2011) (indicating that an employer “may inquire about and consider an individual’s criminal conviction record concerning hiring, termination, or the terms, conditions, or privileges of employment” *369 without engaging in a discriminatory practice); HRS § 612-4 (Supp.”

State v. Levinson, 795 P.2d 845 (Haw. 1990). · cites it 2× “HRS § 612-2 provides: A citizen shall not be excluded from jury service in this State on account of race, color, religion, sex, national origin, economic status, or on account of a physical handicap except as provided in section 612-4(3). We hold that the right to serve on a…”

State v. Villeza, 942 P.2d 522 (Haw. 1997). · cites it 2× “HRS § 612-4 Grounds for disqualification.”

James Farmer v. State of Florida, 268 So. 3d 1009 (Fla. 1st DCA 2019). “§ 15-12-60 (2018); Haw. Rev. Stat. § 612-4 (2018); Idaho Code § 2-209 (2018); 705 Ill.”

Kaowili v. Raymark Indus., Inc., 727 P.2d 67 (Haw. 1986). · cites it 2× “HRS §§ 612-4 and -5 set out when prospective jurors are disqualified and HRS § 612-6 sets out the categories of persons who may claim an exemption from jury service.”

— Haw. Rev. Stat. § 612-4(2) — 1 case

State v. Baron, 905 P.2d 613 (Haw. 1995). “HRS § 612-4.(2)—Grounds for prospective juror, disqualification Appellant contends that the failure of the court to excuse for cause two prospective jurors who did not understand English, as required by HRS § 612-4(2), prevented him from fully exercising his right to three…”

— Haw. Rev. Stat. § 612-4(3) — 1 case

State v. Levinson, 795 P.2d 845 (Haw. 1990). “HRS § 612-2 provides: A citizen shall not be excluded from jury service in this State on account of race, color, religion, sex, national origin, economic status, or on account of a physical handicap except as provided in section 612-4(3). We hold that the right to serve on a…”

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