Idaho Code

Idaho Code § 2-202 (2026)

Policy of state. 

✓ current as of May 2026
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Policy of state. 

It is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, and that all qualified citizens have the opportunity, in accordance with this act to be considered for jury service in this state and an obligation to serve as jurors when summoned for that purpose.

Notes of Decisions
Cited in 8 cases, 1941–2020 · leading case: McCandless v. Pease, 465 P.3d 1104 (Idaho 2020).
McCandless v. Pease, 465 P.3d 1104 (Idaho 2020). · cites it 8× “The extent of this right has been codified and explained in Idaho Code section 2-202, which provides: It is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, and…”
Tusch Enter. v. Coffin, 740 P.2d 1022 (Idaho 1987). · cites it 2× “" [3] A merger clause has been defined as "[a] provision in a contract to the effect that the written terms may not be varied by prior or oral agreements because all such agreements have been merged into the written document.”
Anderson & Nafziger v. G. T. Newcomb, Inc., 595 P.2d 709 (Idaho 1979). · cites it 2× “The structure of section 2-202 seems less congenial to this test than earlier versions of the parol evidence rule.”
State v. Pontier, 518 P.2d 969 (Idaho 1974). · cites it 4× “Appellant contends that since he was 32 years of age on the date of trial, and the average age of the jury panel selected to try appellant was 47 years of age, that he was denied due process of law and the right to be tried by an impartial jury. The jury panel selected for…”
State v. Silcox, 650 P.2d 625 (Idaho 1982). · cites it 4× “The policy of the Act is stated in I.C. § 2-202 as follows: "It is the policy of this state that all persons selected for jury service be selected at random from a fair cross section of the population of the area served by the court, and that all qualified citizens have the…”
North Carolina v. Rice, 404 U.S. 244 (1971). “6, § 3, Idaho Code § 2-202 (1948); Nev. Const., Art.”
Posey v. Ford Motor Credit Co., 111 P.3d 162 (Idaho Ct. App. 2005). · cites it 4× “But the way the rule is worded, the trial is certainly not to be a free-wheeling affair in which the parties may introduce before the jury all evidence of terms, including the writing, with the jury then to decide on terms. Rather, it is plain from the rule and from prior…”
State v. Nadlman, 118 P.2d 58 (Idaho 1941). · cites it 2× “Article I, § 7 of the Constitution of Idaho provides, “The right of trial by jury shall remain inviolate; * * * ” In harmony with that provision are sections 2-201 and 2-202 of our code. Section 2-201 prescribes the qualifications of a juror and among them are that he must be a…”
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