43-158.
Same; persons excluded from jury service.
The following persons shall be excused from jury service: (a) Persons unable to understand the English language with a degree of proficiency sufficient to respond to a jury questionnaire form prepared by the commissioner;
(b) persons under adjudication of incompetency;
(c) persons who within 10 years immediately preceding have been convicted of or pleaded guilty, or nolo contendere, to an indictment or information charging a felony;
(d) persons who have served as jurors in the county within one year immediately preceding; and
(e) a mother breastfeeding her child. Jury service shall be postponed until such mother is no longer breastfeeding the child.
History:
L. 1971, ch. 176, § 4; L. 1998, ch. 195, § 3; L. 2000, ch. 42, § 1; L. 2006, ch. 11, § 2; March 16.
Notes of Decisions
Cited in
9
cases (
2 in the last 5 years), 1981–2024 · leading case:
State v. Baker, 819 P.2d 1173 (Kan. 1991).
State v. Baker, 819 P.2d 1173 (Kan. 1991).
· cites it 8× “" Exclusions from jury service are governed by K.S.A. 43-158 and K.S.A. 43-159. *437 K.S.”
State v. Cheun-Phon Ji, 832 P.2d 1176 (Kan. 1992).
· cites it 2× “43-158 requires that certain persons “shall be excused from jury service” and then lists persons unable to read, write, and understand the English language with a degree of proficiency sufficient to fill out a jury questionnaire form; persons under adjudication of incompetency;…”
State v. Snodgrass, 979 P.2d 664 (Kan. 1999).
· cites it 2× “43-156 and K.S.A. 43-158, and the “discretionary legal qualifications” are set out in K.”
State v. Folkerts, 629 P.2d 173 (Kan. 1981).
· cites it 2× “” K.S.A. 43-158 provides: “The following persons shall be excused from jury service: (a) Persons unable *611 to read, write and understand the English language with a degree of proficiency sufficient to fill out a jury questionnaire form prepared by the commissioner; (b) persons…”
State v. Hudgins, 346 P.3d 1062 (Kan. 2015).
“See K.S.A. 2014 Supp. 43-158(c) (jury service exclusion for those with felony convictions within 10 years).”
State v. Miller, 722 P.2d 1131 (Kan. Ct. App. 1986).
“43-159 provides: “In addition to the persons excused from jury service in K.S.A. 43-158, the following persons may be excused from jury service by the court: (a) Persons so physically or mentally infirm as to be unequal to the task of ordinary jury duty.”
State v. Hayes, 17 P.3d 317 (Kan. 2001).
“We are not reviewing a 75-4355a juror issue here.”
State v. Brainard (Kan. Ct. App. 2024).
“Juror 30 adequately filled out her jury questionnaire. Although Juror 30's juror questionnaire made the district court aware of her doubts about her English fluency, neither party contends that the district court violated this statute.”
Ross (ID 116253) v. Williams (D. Kan. 2024).
“In fact, his argument was based on K.S.A. 43-158, which addresses people who “shall be excused from jury service,” including “persons who within 10 years immediately preceding have been convicted of .”
— K.S.A. § 43-158(a) — 2 cases
State v. Cheun-Phon Ji, 832 P.2d 1176 (Kan. 1992).
“43-158 requires that certain persons “shall be excused from jury service” and then lists persons unable to read, write, and understand the English language with a degree of proficiency sufficient to fill out a jury questionnaire form; persons under adjudication of incompetency;…”
State v. Brainard (Kan. Ct. App. 2024).
“Juror 30 adequately filled out her jury questionnaire. Although Juror 30's juror questionnaire made the district court aware of her doubts about her English fluency, neither party contends that the district court violated this statute.”
— K.S.A. § 43-158(c) — 1 case
State v. Hudgins, 346 P.3d 1062 (Kan. 2015).
“See K.S.A. 2014 Supp. 43-158(c) (jury service exclusion for those with felony convictions within 10 years).”
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