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Kansas Statutes Annotated

K.S.A. § 22-3410 (2026)

Challenges for cause

✓ current as of May 2026
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22-3410. Challenges for cause. (1) Each party may challenge any prospective juror for cause. Challenges for cause shall be tried by the court.

(2) A juror may be challenged for cause on any of the following grounds:

(a) He is related to the defendant, or a person alleged to have been injured by the crime charged or the person on whose complaint the prosecution was begun, by consanguinity within the sixth degree, or is the spouse of any person so related.

(b) He is attorney, client, employer, employee, landlord, tenant, debtor, creditor or a member of the household of the defendant or a person alleged to have been injured by the crime charged or the person on whose complaint the prosecution was instituted.

(c) He is or has been a party adverse to the defendant in a civil action, or has complained against or been accused by him in a criminal prosecution.

(d) He has served on the grand jury which returned the indictment or on a coroner's jury which inquired into the death of a person whose death is the subject of the indictment or information, or on any other investigatory body which inquired into the facts of the crime charged.

(e) He was a juror at a former trial of the same cause.

(f) He was a juror in a civil action against the defendant arising out of the act charged as a crime.

(g) He was a witness to the act or acts alleged to constitute the crime.

(h) He occupies a fiduciary relationship to the defendant or a person alleged to have been injured by the crime or the person on whose complaint the prosecution was instituted.

(i) His state of mind with reference to the case or any of the parties is such that the court determines there is doubt that he can act impartially and without prejudice to the substantial rights of any party.

(3) All challenges for cause must be made before the jury is sworn to try the case.

History: L. 1970, ch. 129, § 22-3410; July 1.

Notes of Decisions
Cited in 46 cases (11 in the last 5 years), 1974–2025 · leading case: State v. Robinson, 363 P.3d 875 (Kan. 2015).
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State v. Robinson, 363 P.3d 875 (Kan. 2015). · cites it 12× “For the same reasons, Robinson's arguments under K.S.A. 22-3410 and K.S.A. 22- 3412 are equally unavailing.”
State v. Carr, 502 P.3d 546 (Kan. 2022). · cites it 13× “The process of death qualification under K.S.A. 22-3410 removes only those prospective jurors who are excluded from the constitutional definition of a "jury," and therefore neither the statute nor the process of death qualifying the jury implicate any right protected under…”
State v. Carr, 331 P.3d 544 (Kan. 2014). · cites it 6× “*113 K.S.A. 22-3410 is designed to protect a criminal defendant’s Sixth Amendment right to trial by an impartial jury, a right reinforced by the defendant’s Fifth Amendment right to due process.”
State v. Carr, 502 P.3d 511 (Kan. 2022). · cites it 7× “The process of death qualification under K.S.A. 22-3410 removes only those prospective jurors who are excluded from the constitutional definition of a "jury," and therefore neither the statute nor the process of death qualifying the jury implicate any right protected under…”
State v. Miller, 427 P.3d 907 (Kan. 2018). · cites it 2× “K.S.A. 22-3410(2)(i) (setting forth one of the grounds for a challenge for cause).”
State v. Kleypas, 40 P.3d 139 (Kan. 2001). · cites it 2× “*992 K.S.A. 22-3410(2)(i) allows a party to challenge any prospective juror for cause when a juror's "state of mind with reference to the case or any of the parties is such that the court determines there is doubt that he can act impartially and without prejudice to the…”
State v. Sanders, 574 P.2d 559 (Kan. 1977). · cites it 3× “Our statute K.S.A. 22-3410 contains a list of grounds upon which a juror may be successfully challenged for cause.”
State v. Juniors, 915 So. 2d 291 (La. 2005). “915 (2003); Kan. Stat. Ann. § 22-3410 (2)(b) (2003); Mont.”
State v. Thurber, 420 P.3d 389 (Kan. 2018). “3 Analysis Under K.S.A. 22-3410(2)(i), a prospective juror may be removed for cause when "[h]is [or her] state of mind with reference to the case or any of the parties is such that the court determines there is doubt that he [or she] can act impartially and without prejudice to…”
State v. Haislip, 701 P.2d 909 (Kan. 1985). · cites it 2× “The defendant argues that the grounds for substitution of a juror are the same as the grounds for challenging a juror for cause under K.S.A. 22-3410 and that since the court did not conduct a hearing to find that this juror could not act impartially or was prejudiced, within the…”
State v. Amodei, 563 P.2d 440 (Kan. 1977). · cites it 3× “) K.S.A. 22-3410 provides that a prospective juror may be challenged for reasons set forth in the statute and that challenges for cause shall be tried to the court.”
State v. Brown, 124 P.3d 1035 (Kan. Ct. App. 2005). · cites it 22× “under two subsections of K.S.A. 22-3410. First, he argues the juror should have been dismissed under subsection (2)(g) which allows a juror to be challenged for cause if he or she was "a witness to the act or acts alleged to constitute the crime.”
State v. Folkerts, 629 P.2d 173 (Kan. 1981). · cites it 3× “Spade for cause under K.S.A. 22-3410, or as a matter of discretion under K.”
State v. Dixon, 811 P.2d 1153 (Kan. 1991). · cites it 2× “K.S.A. 22-3410 sets forth specific grounds upon which a party may challenge a prospective juror.”
State v. Manning, 19 P.3d 84 (Kan. 2001). “K.S.A. 22-3410(2)(i). The trial judge is in a better position than an appellate court to view the demeanor of prospective jurors as they are questioned.”
State v. Flack, 541 P.3d 717 (Kan. 2024). · cites it 3× “Moreover, when the Kansas Constitution was adopted in 1859, the common law did not preclude, and in fact authorized, this procedure.”
State v. Johnson – Hill, 391 P.3d 711 (Kan. Ct. App. 2017). · cites it 2× “22-3408[3]); was present to rule on any challenges for cause (K.S.A. 22-3410[1]); oversaw the parties' peremptory challenges (K.”
State v. Verge, 34 P.3d 449 (Kan. 2001). “We hold Verge’s request for a new trial based on the lack of change of venue must be denied.”
State v. Stuart & Jones, 575 P.2d 559 (Kan. 1978). · cites it 2× “To rule that the state did not have a right to a fair hearing would make the statutory procedure for selecting a jury in a criminal case, including the right to challenge for cause and to peremptory challenge (K.S.A. 22-3410 and 22-3412), a hollow gesture.”
State v. Crawford, 872 P.2d 293 (Kan. 1994). · cites it 2× “In discussing the issue relative to Slaymaker, we stated: “K.S.A. 22-3410 sets forth specific grounds upon which a party may challenge a prospective juror.”
State v. Case, 620 P.2d 821 (Kan. 1980). · cites it 3× “K.S.A. 22-3410 sets forth the various grounds upon which a potential juror may be challenged for cause.”
State v. Ruebke, 731 P.2d 842 (Kan. 1987). “Under K.S.A. 22-3410(2)(a), a juror may be challenged for cause if he or she is related to the victim by consanguinity within the sixth degree or is the spouse of any person so related.”
State v. Mayberry, 807 P.2d 86 (Kan. 1991). “K.S.A. 22-3410(2)(i) provides that a potential juror may be challenged for cause where his or her state of mind with reference to the case or parties prevents the juror from acting impartially and without prejudice to the substantial rights of any party.”
State v. Smith, 2006 WI 74 (Wis. 2006). · cites it 2× “§ 16-33-304(b)(2)(B)(i) (2006) (providing grounds to strike for cause if the juror is employed by defendant or complainant); Idaho Code § 19-2020 (2) (2006) (same); Iowa R.”
State v. Johnson, 853 P.2d 34 (Kan. 1993). “A juror may be challenged for cause when the juror’s state of mind with reference to the case or any of the parties is such that the court determines there is doubt that the juror can act impartially and without prejudice to the substantial rights of any party.”
State v. Kackley, 92 P.3d 1128 (Kan. Ct. App. 2004). “K.S.A. 22-3410(2)(i). The trial court has discretion in determining challenges for cause as it is in a better position than an appellate court to view the demeanor of prospective jurors during voir dire.”
State v. Hood, 744 P.2d 816 (Kan. 1987). “Challenges for cause are governed by K.S.A. 22-3410. Some nine different grounds of challenge for cause are enumerated therein.”
State v. Turley, 840 P.2d 529 (Kan. Ct. App. 1992). · cites it 2× “22-3413, cast a doubt on whether Ford could act impartially, and under K.S.A. 22-3410(2)(i) rendered Ford unfit to serve as a juror.”
State v. Burden, 46 P.3d 570 (Kan. Ct. App. 2002). “K.S.A. 22-3410 provides in relevant part: “(1) Each party may challenge any prospective juror for cause.”
State v. Perry, 968 P.2d 674 (Kan. 1998). “22-3408; K.S.A. 22-3410; K.S.A. 22-3411a; K.S.A. 22-3412.”
State v. Madkins, 219 P.3d 831 (Kan. Ct. App. 2009). “” K.S.A. 22-3410(2)(i) further provides that a juror may be challenged for cause if “[h]is [or her] state of mind with reference to the case or any of the parties is such that the court determines there is doubt that he [or she] can act impartially and without prejudice to the…”
State v. Taylor, 594 P.2d 211 (Kan. 1979). “*794 K.S.A. 22-3410 authorizes challenges for cause for several reasons; however, defendant has not stated upon what specific grounds he challenges the jurors.”
State v. Zamora, 949 P.2d 621 (Kan. 1997). “, in which the juror could have been challenged for cause pursuant to K.S.A. 22-3410(2)(a), nor was the juror even certain of the relationship between her adopted daughter and A.”
State v. Carpenter, 527 P.2d 1333 (Kan. 1974). “The defendant's position here is that these two jurors were disqualified as a matter of law under K.S.A. 1971 Supp. 22-3410 which provides in part as follows: *577 "22-3410.”
State v. Rainey, 660 P.2d 544 (Kan. 1983). “K.S.A. 22-3410. “ ‘Whether a prospective juror is qualified to sit in the trial of a case is a question for determination by the trial court and its ruling will not be disturbed unless it is clearly erroneous or there has been an abuse of discretion.”
State v. Jackson, 494 P.3d 225 (Kan. Ct. App. 2021). · cites it 2× “4 See K.S.A. 22-3410(2)(i). Then, once the parties and the court had conducted their respective examinations, the parties agreed to allow the prospective jurors to leave the courtroom as they decided their peremptory challenges and selected a jury.”
State v. Ekis, 586 P.2d 288 (Kan. Ct. App. 1978). “We note that the juror was not one of those persons contemplated in K.S.A. 22-3410(¿ ), since she was not a client of the defendant or a person alleged to have been injured by the crime charged or the person on whose complaint the prosecution was instituted.”
State v. Newborn (Kan. Ct. App. 2025). · cites it 4× “for cause under K.S.A. 22-3410. 8 Additional Facts Near the end of the first day of voir dire, the district court questioned J.”
State v. Waterman, 540 P.3d 378 (Kan. Ct. App. 2023). “Nor does he explain why any such jurors could not have simply been removed for cause under K.S.A. 22-3410 or with a peremptory challenge under K.”
State v. Cheever (Kan. 2016). · cites it 3×
State v. Cheever - ( (Kan. 2017). · cites it 3×
State v. Campbell (Kan. Ct. App. 2022). · cites it 3× “See K.S.A. 22-3410(2)(g) (a prospective juror may be challenged for cause if he or she was a witness to the act or acts alleged to constitute the crime).”
Bates v. State (Kan. Ct. App. 2023). · cites it 3×
State v. Flack (Kan. 2024). · cites it 3× “Moreover, when the Kansas Constitution was adopted in 1859, the common law did not preclude, and in fact authorized, this procedure.”
State v. Spackman (Kan. Ct. App. 2021).
State v. Ross (Kan. Ct. App. 2022).
— K.S.A. § 22-3410(1) — 3 cases
State v. Robinson, 363 P.3d 875 (Kan. 2015). “For the same reasons, Robinson's arguments under K.S.A. 22-3410 and K.S.A. 22- 3412 are equally unavailing.”
State v. Flack, 541 P.3d 717 (Kan. 2024). “Moreover, when the Kansas Constitution was adopted in 1859, the common law did not preclude, and in fact authorized, this procedure.”
State v. Flack (Kan. 2024). “Moreover, when the Kansas Constitution was adopted in 1859, the common law did not preclude, and in fact authorized, this procedure.”
— K.S.A. § 22-3410(2) — 7 cases
State v. Carr, 331 P.3d 544 (Kan. 2014). “*113 K.S.A. 22-3410 is designed to protect a criminal defendant’s Sixth Amendment right to trial by an impartial jury, a right reinforced by the defendant’s Fifth Amendment right to due process.”
State v. Dixon, 811 P.2d 1153 (Kan. 1991). “K.S.A. 22-3410 sets forth specific grounds upon which a party may challenge a prospective juror.”
State v. Crawford, 872 P.2d 293 (Kan. 1994). “In discussing the issue relative to Slaymaker, we stated: “K.S.A. 22-3410 sets forth specific grounds upon which a party may challenge a prospective juror.”
State v. Flack, 541 P.3d 717 (Kan. 2024). “Moreover, when the Kansas Constitution was adopted in 1859, the common law did not preclude, and in fact authorized, this procedure.”
State v. Newborn (Kan. Ct. App. 2025). “for cause under K.S.A. 22-3410. 8 Additional Facts Near the end of the first day of voir dire, the district court questioned J.”
State v. Campbell (Kan. Ct. App. 2022). “See K.S.A. 22-3410(2)(g) (a prospective juror may be challenged for cause if he or she was a witness to the act or acts alleged to constitute the crime).”
State v. Flack (Kan. 2024). “Moreover, when the Kansas Constitution was adopted in 1859, the common law did not preclude, and in fact authorized, this procedure.”
— K.S.A. § 22-3410(2)(a) — 2 cases
State v. Ruebke, 731 P.2d 842 (Kan. 1987). “Under K.S.A. 22-3410(2)(a), a juror may be challenged for cause if he or she is related to the victim by consanguinity within the sixth degree or is the spouse of any person so related.”
State v. Zamora, 949 P.2d 621 (Kan. 1997). “, in which the juror could have been challenged for cause pursuant to K.S.A. 22-3410(2)(a), nor was the juror even certain of the relationship between her adopted daughter and A.”
— K.S.A. § 22-3410(2)(g) — 2 cases
State v. Brown, 124 P.3d 1035 (Kan. Ct. App. 2005). “under two subsections of K.S.A. 22-3410. First, he argues the juror should have been dismissed under subsection (2)(g) which allows a juror to be challenged for cause if he or she was "a witness to the act or acts alleged to constitute the crime.”
State v. Campbell (Kan. Ct. App. 2022). “See K.S.A. 22-3410(2)(g) (a prospective juror may be challenged for cause if he or she was a witness to the act or acts alleged to constitute the crime).”
— K.S.A. § 22-3410(2)(h) — 1 case
State v. Brown, 124 P.3d 1035 (Kan. Ct. App. 2005). “under two subsections of K.S.A. 22-3410. First, he argues the juror should have been dismissed under subsection (2)(g) which allows a juror to be challenged for cause if he or she was "a witness to the act or acts alleged to constitute the crime.”
— K.S.A. § 22-3410(2)(i) — 22 cases
State v. Carr, 331 P.3d 544 (Kan. 2014). “*113 K.S.A. 22-3410 is designed to protect a criminal defendant’s Sixth Amendment right to trial by an impartial jury, a right reinforced by the defendant’s Fifth Amendment right to due process.”
State v. Miller, 427 P.3d 907 (Kan. 2018). “K.S.A. 22-3410(2)(i) (setting forth one of the grounds for a challenge for cause).”
State v. Kleypas, 40 P.3d 139 (Kan. 2001). “*992 K.S.A. 22-3410(2)(i) allows a party to challenge any prospective juror for cause when a juror's "state of mind with reference to the case or any of the parties is such that the court determines there is doubt that he can act impartially and without prejudice to the…”
State v. Robinson, 363 P.3d 875 (Kan. 2015). “For the same reasons, Robinson's arguments under K.S.A. 22-3410 and K.S.A. 22- 3412 are equally unavailing.”
State v. Thurber, 420 P.3d 389 (Kan. 2018). “3 Analysis Under K.S.A. 22-3410(2)(i), a prospective juror may be removed for cause when "[h]is [or her] state of mind with reference to the case or any of the parties is such that the court determines there is doubt that he [or she] can act impartially and without prejudice to…”
State v. Manning, 19 P.3d 84 (Kan. 2001). “K.S.A. 22-3410(2)(i). The trial judge is in a better position than an appellate court to view the demeanor of prospective jurors as they are questioned.”
State v. Verge, 34 P.3d 449 (Kan. 2001). “We hold Verge’s request for a new trial based on the lack of change of venue must be denied.”
State v. Carr, 502 P.3d 546 (Kan. 2022). “The process of death qualification under K.S.A. 22-3410 removes only those prospective jurors who are excluded from the constitutional definition of a "jury," and therefore neither the statute nor the process of death qualifying the jury implicate any right protected under…”
State v. Mayberry, 807 P.2d 86 (Kan. 1991). “K.S.A. 22-3410(2)(i) provides that a potential juror may be challenged for cause where his or her state of mind with reference to the case or parties prevents the juror from acting impartially and without prejudice to the substantial rights of any party.”
State v. Haislip, 701 P.2d 909 (Kan. 1985). “The defendant argues that the grounds for substitution of a juror are the same as the grounds for challenging a juror for cause under K.S.A. 22-3410 and that since the court did not conduct a hearing to find that this juror could not act impartially or was prejudiced, within the…”
State v. Johnson, 853 P.2d 34 (Kan. 1993). “A juror may be challenged for cause when the juror’s state of mind with reference to the case or any of the parties is such that the court determines there is doubt that the juror can act impartially and without prejudice to the substantial rights of any party.”
State v. Kackley, 92 P.3d 1128 (Kan. Ct. App. 2004). “K.S.A. 22-3410(2)(i). The trial court has discretion in determining challenges for cause as it is in a better position than an appellate court to view the demeanor of prospective jurors during voir dire.”
State v. Turley, 840 P.2d 529 (Kan. Ct. App. 1992). “22-3413, cast a doubt on whether Ford could act impartially, and under K.S.A. 22-3410(2)(i) rendered Ford unfit to serve as a juror.”
State v. Folkerts, 629 P.2d 173 (Kan. 1981). “Spade for cause under K.S.A. 22-3410, or as a matter of discretion under K.”
State v. Madkins, 219 P.3d 831 (Kan. Ct. App. 2009). “” K.S.A. 22-3410(2)(i) further provides that a juror may be challenged for cause if “[h]is [or her] state of mind with reference to the case or any of the parties is such that the court determines there is doubt that he [or she] can act impartially and without prejudice to the…”
State v. Brown, 124 P.3d 1035 (Kan. Ct. App. 2005). “under two subsections of K.S.A. 22-3410. First, he argues the juror should have been dismissed under subsection (2)(g) which allows a juror to be challenged for cause if he or she was "a witness to the act or acts alleged to constitute the crime.”
State v. Case, 620 P.2d 821 (Kan. 1980). “K.S.A. 22-3410 sets forth the various grounds upon which a potential juror may be challenged for cause.”
State v. Cheever (Kan. 2016).
State v. Cheever - ( (Kan. 2017).
Bates v. State (Kan. Ct. App. 2023).
State v. Jackson, 494 P.3d 225 (Kan. Ct. App. 2021). “4 See K.S.A. 22-3410(2)(i). Then, once the parties and the court had conducted their respective examinations, the parties agreed to allow the prospective jurors to leave the courtroom as they decided their peremptory challenges and selected a jury.”
State v. Campbell (Kan. Ct. App. 2022). “See K.S.A. 22-3410(2)(g) (a prospective juror may be challenged for cause if he or she was a witness to the act or acts alleged to constitute the crime).”
— K.S.A. § 22-3410(3) — 2 cases
State v. Robinson, 363 P.3d 875 (Kan. 2015). “For the same reasons, Robinson's arguments under K.S.A. 22-3410 and K.S.A. 22- 3412 are equally unavailing.”
State v. Jackson, 494 P.3d 225 (Kan. Ct. App. 2021). “4 See K.S.A. 22-3410(2)(i). Then, once the parties and the court had conducted their respective examinations, the parties agreed to allow the prospective jurors to leave the courtroom as they decided their peremptory challenges and selected a jury.”
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