Kansas Statutes Annotated

K.S.A. § 43-159 (2026)

Same; exclusions from jury service by court

✓ current as of May 2026

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43-159. Same; exclusions from jury service by court. In addition to the persons excused from jury service in K.S.A. 43-158, and amendments thereto, 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;

(b) persons whose presence elsewhere is required for the public welfare, health or safety;

(d) persons whose personal relationship to the parties or whose information or interest in the case to be tried is such that there is a probability such persons would find it difficult to be impartial.

History: L. 1971, ch. 176, § 5; L. 2000, ch. 42, § 2; July 1.

Notes of Decisions

Cited in 10 cases (2 in the last 5 years), 1981–2025 · leading case: State v. Baker, 819 P.2d 1173 (Kan. 1991).

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State v. Baker, 819 P.2d 1173 (Kan. 1991). · cites it 24× “43-158 and K.S.A. 43-159. *437 K.S.A. 43-158 provides for mandatory exclusion from jury duty as follows: "The following persons shall be excused from jury service: (a) Persons unable to read, write, and understand the English language with a degree of proficiency sufficient to…”

State v. Martis, 83 P.3d 1216 (Kan. 2004). · cites it 4× “K.S.A, 43-159(c). Standard 6(b) of the Standards Relating to Juiy Use and Management provides in relevant part: “Eligible persons who are summoned may be excused from jury service by a judge or duly authorized court official only if .”

State v. Cheun-Phon Ji, 832 P.2d 1176 (Kan. 1992). · cites it 3× “The right of the court to excuse a juror is statutory. K.S.A. 43-159(d) allows persons who are not disqualified for jury service for whom jury service would cause extraordinary or compelling personal hardship to be excused from jury service by the trial judge.”

State v. Snodgrass, 979 P.2d 664 (Kan. 1999). · cites it 4× “43-158, and the “discretionary legal qualifications” are set out in K.S.A. 43-159. K.S.A. 43-156 provides: “Every juror, grand and petit, shall be a citizen of the state, resident of the county and possess the qual *188 ifications of an elector as now, or in the future…”

State v. Folkerts, 629 P.2d 173 (Kan. 1981). · cites it 3× “K.S.A. 43-159 includes numerous other grounds for which a person “may be excused from jury service” and is clearly discretionary with the court.”

State v. Edwards, 852 P.2d 98 (Kan. 1993). “Brown from service under K.S.A. 43-159(c) as a person whose presence elsewhere is required for public welfare, health, or safety.”

State v. Miller, 722 P.2d 1131 (Kan. Ct. App. 1986). “K.S.A. 43-159 provides: “In addition to the persons excused from jury service in K.”

State v. Hayes, 17 P.3d 317 (Kan. 2001). “) The legislature has also required interpreters for any juror who is deaf.”

State v. Newborn (Kan. Ct. App. 2025). · cites it 6× “Given the district court's authority under K.S.A. 43-159, the district court's ruling was not an error of law as Newborn suggests, so the district court did not abuse its discretion by excusing J.”

State v. Brainard (Kan. Ct. App. 2024). · cites it 2× “Our focus is thus on the district court's authority to excuse a person from jury service under K.S.A. 43-159. Subsection (a) of this statute authorizes the district court to excuse persons "so physically or mentally infirm as to be unequal to the task of ordinary jury duty.”

— K.S.A. § 43-159(a) — 3 cases

State v. Baker, 819 P.2d 1173 (Kan. 1991). “43-158 and K.S.A. 43-159. *437 K.S.A. 43-158 provides for mandatory exclusion from jury duty as follows: "The following persons shall be excused from jury service: (a) Persons unable to read, write, and understand the English language with a degree of proficiency sufficient to…”

State v. Folkerts, 629 P.2d 173 (Kan. 1981). “K.S.A. 43-159 includes numerous other grounds for which a person “may be excused from jury service” and is clearly discretionary with the court.”

State v. Brainard (Kan. Ct. App. 2024). “Our focus is thus on the district court's authority to excuse a person from jury service under K.S.A. 43-159. Subsection (a) of this statute authorizes the district court to excuse persons "so physically or mentally infirm as to be unequal to the task of ordinary jury duty.”

— K.S.A. § 43-159(b) — 1 case

— K.S.A. § 43-159(c) — 3 cases

State v. Martis, 83 P.3d 1216 (Kan. 2004). “K.S.A, 43-159(c). Standard 6(b) of the Standards Relating to Juiy Use and Management provides in relevant part: “Eligible persons who are summoned may be excused from jury service by a judge or duly authorized court official only if .”

State v. Edwards, 852 P.2d 98 (Kan. 1993). “Brown from service under K.S.A. 43-159(c) as a person whose presence elsewhere is required for public welfare, health, or safety.”

State v. Newborn (Kan. Ct. App. 2025). “Given the district court's authority under K.S.A. 43-159, the district court's ruling was not an error of law as Newborn suggests, so the district court did not abuse its discretion by excusing J.”

— K.S.A. § 43-159(d) — 2 cases

State v. Cheun-Phon Ji, 832 P.2d 1176 (Kan. 1992). “The right of the court to excuse a juror is statutory. K.S.A. 43-159(d) allows persons who are not disqualified for jury service for whom jury service would cause extraordinary or compelling personal hardship to be excused from jury service by the trial judge.”

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