Idaho Code

Idaho Code § 2-209 (2026)

Determination of qualification of prospective juror — Qualifications — Physician’s certificate of disability. 

✓ current as of May 2026
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Determination of qualification of prospective juror — Qualifications — Physician’s certificate of disability. 

(1) The administrative district judge or administrative district judge’s designee, upon request of the clerk or the jury commissioner or a prospective juror or on its own initiative, shall determine on the basis of information provided on the qualification questionnaire form or interview with the prospective juror or other competent evidence whether:

(a)  The prospective juror is not qualified to serve on a jury because he or she is unable to read, speak, and understand the English language; or
(b)  The prospective juror is disqualified from service on a jury because of a disability which renders the prospective juror incapable of performing satisfactory jury service. A person claiming this disqualification shall be required to submit a physician’s certificate as to the disability, and the certifying physician is subject to inquiry by the court at its discretion.
(2)  The clerk or the jury commissioner shall determine on the basis of information provided on the qualification questionnaire form or interview with the prospective juror or other competent evidence whether:
(a)  The prospective juror is not qualified to serve on a jury because the person is not a citizen of the United States of America, eighteen (18) years of age, and a resident of the county; or
(b)  The prospective juror is disqualified from serving on a jury because of a felony criminal conviction as provided by section 3, article VI, of the constitution of the state of Idaho, and who has not been restored to the rights of citizenship pursuant to section 18-310, Idaho Code, or other applicable law.
(3)  A person who is disqualified from serving on a jury on the basis of any of the grounds set forth in subsections (1) and (2) of this section shall be excused from serving on a jury for a period of two (2) years following the disqualification. The administrative district judge, or a district judge or magistrate judge designated by the administrative district judge, may excuse a person disqualified under subsection (1)(b) of this section for a period of time greater than two (2) years, or may excuse such person permanently from serving on a jury. An order excusing such a person permanently or for a period of time greater than two (2) years shall be based upon a finding as to the nature and duration of the disability, based upon the information provided in the qualification questionnaire form, an interview with the prospective juror, or other competent evidence.
Notes of Decisions
Cited in 5 cases, 1988–2019 · leading case: State v. Paz, 798 P.2d 1 (Idaho 1990).
State v. Paz, 798 P.2d 1 (Idaho 1990). · cites it 24× “Idaho Code § 2-209 (2)(a) and (b), establishing prospective juror qualifications and the manner of selecting a juror panel, unconstitutionally excludes Hispanics from becoming qualified jurors.”
Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “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× “§ 612-4 (1985) Idaho Idaho Code § 2-209 (2)(a) (Supp. 1988) Ill.”
Yount v. Boundary Cnty., 796 P.2d 516 (Idaho 1990). · cites it 4× “" Idaho Code § 2-210 provides: "The jury commission shall maintain a qualified jury wheel and shall place therein the names or identifying numbers of all prospective jurors drawn from the master jury wheel who are not disqualified under section 2-209, Idaho Code." [8] Chief…”
James Farmer v. State of Florida, 268 So. 3d 1009 (Fla. 1st DCA 2019). “§ 612-4 (2018); Idaho Code § 2-209 (2018); 705 Ill. Comp.”
— Idaho Code § 2-209(2)(a) — 1 case
State v. Paz, 798 P.2d 1 (Idaho 1990). “Idaho Code § 2-209 (2)(a) and (b), establishing prospective juror qualifications and the manner of selecting a juror panel, unconstitutionally excludes Hispanics from becoming qualified jurors.”
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