Selection of additional jurors -- Summonsing jurors from adjoining counties.
(1) Each Circuit or District Judge shall inform the Chief Circuit Judge or the Chief
Circuit Judge's designee of the need for qualified jurors.
(2) The Chief Circuit Judge or designee shall regulate the random assignment of jurors
for use in Circuit and District Courts. Any petit juror assigned to a judge of Circuit
or District Court may be used by any other judge of any other branch or division of
Circuit or District Court when jurors are needed.
(3) If a grand, petit, or other jury is ordered to be drawn, the Chief Circuit Judge or
designee thereafter shall cause each person drawn for jury service to be served with
a summons requiring that person to report for jury service at a specified time and
place, unless otherwise notified by the court, and to be available for jury service for
thirty (30) judicial days thereafter. The service of summons shall be made by the
court utilizing first class mail, addressed to each person at his or her usual
residence, business, or post office address. In the event service cannot be
accomplished by first class mail, the court may cause service to be made personally
by the sheriff. In either case, notice shall be mailed or served to the prospective
juror at least thirty (30) days before he or she is required to attend.
(4) The juror qualification form required by KRS 29A.070 shall be enclosed with the
summons. If the summons is served by mail, any prospective juror who does not
return the juror qualification form within ten (10) days may be personally served by
the sheriff at the discretion of the Chief Circuit Judge or Chief Circuit Judge's
designee.
(5) When there is an unanticipated shortage of available jurors obtained from a
randomized jury list, the Chief Circuit Judge may cause to be summonsed a
sufficient number of jurors selected sequentially from the randomized jury list
beginning with the first name following the last name previously selected. The
persons so chosen shall be summonsed as provided in this section, but need not be
given the notice provided in subsection (3) of this section.
(6) Only persons duly qualified and summonsed under subsection (3) of this section
and KRS 29A.070 shall serve as jurors.
(7) If, after making a fair effort in good faith, the judge is satisfied that it will be
impracticable to obtain a jury free of bias in the county in which the prosecution is
pending, the judge may obtain a sufficient number of jurors from some adjoining
county in which the judge believes there is the greatest probability of obtaining
impartial jurors. The judge shall request the Chief Circuit Judge for the adjoining
county to draw and summon as many jurors as are needed. Jurors summonsed under
this subsection need not be given the notice provided in subsection (3) of this
section.
Effective: July 15, 2002
History: Amended 2002 Ky. Acts ch. 252, sec. 3, effective July 15, 2002. -- Amended
1982 Ky. Acts ch. 449, sec. 7, effective October 1, 1982. -- Amended 1980 Ky. Acts
ch. 114, sec. 4, effective July 15, 1980. -- Created 1976 (1st Extra. Sess.) Ky. Acts
ch. 22, sec. 17, effective September 1, 1977.
Notes of Decisions
Cited in
25
cases (
1 in the last 5 years), 1979–2025 · leading case:
Fugett v. Commonwealth, 250 S.W.3d 604 (Ky. 2008).
Fugett v. Commonwealth, 250 S.W.3d 604 (Ky. 2008).
· cites it 14× “Instead, the circuit court relied on KRS 29A.060(4), which leaves it to the court's discretion as to whether the jurors are to be personally served.”
Sanders v. Commonwealth, 801 S.W.2d 665 (Ky. 1990).
· cites it 4× “See KRS 29A.060; RCr 9.30(1)(a); Administrative Procedures of the Court of Justice, Part Two, Section 12.”
Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002).
· cites it 2× “The trial court narrowed the jury panel to thirty-two (32) jurors, see KRS 29A.060(2)(a), before allowing the parties to exercise a total of (12) peremptory challenges.”
Bowling v. Commonwealth, 942 S.W.2d 293 (Ky. 1997).
· cites it 2× “36 and KRS 29A.060, resulting in *304 the denial of due process of law and a fair trial.”
Bartley v. Loyall, 648 S.W.2d 873 (Ky. Ct. App. 1982).
· cites it 6× “They allege that the verdict was not based on substantial evidence and that the jury was not selected in compliance with KRS 29A.060. The question concerning the sufficiency of the evidence was raised for the first time in a motion for a judgment notwithstanding the verdict or…”
Commonwealth v. Sego, 872 S.W.2d 441 (Ky. 1994).
· cites it 4× “At the time of Sego's indictment, the statute and the rule were that the jury was to be selected from the voter list and that a juror be given 30-days' notice.”
Johnson v. Commonwealth, 12 S.W.3d 258 (Ky. 1999).
· cites it 2× “on that date. However, the jury was never actually "sworn" pursuant to RCr 9.”
Johnson v. Commonwealth, 292 S.W.3d 889 (Ky. 2009).
· cites it 2× “Appellant Does Not Establish A Pri-ma Facie Violation Of The Fair Cross-Section Requirement Or A Prima Facie Case For Purposeful Discrimination Because He Failed To Supplement The Record With Evidence Supporting His Claim.”
Monroe v. Commonwealth, 244 S.W.3d 69 (Ky. 2008).
· cites it 2× “Under KRS 29A.060(4), personal service is permissive.”
Robertson v. Commonwealth, 597 S.W.2d 864 (Ky. 1980).
· cites it 2× “” KRS 29A.060 in pertinent parts provides: “(2) To select a grand jury or a petit jury in circuit court, the clerk shall: (a) Draw forty (40) names at random from the jury wheel; (b) List the names, in the order drawn, from one (1) to forty (40); (c) Place forty (40) numbered…”
Hayes v. Commonwealth, 320 S.W.3d 93 (Ky. 2010).
· cites it 2× “However, KRS 29A.060 also reflects on the appropriate use of jurors, providing in pertinent part: (2) Any petit juror assigned to a judge of Circuit or District Court may be used by any other judge of any other branch or division of Circuit or district Court when jurors are…”
Stanford v. Commonwealth, 734 S.W.2d 781 (Ky. 1987).
“There is no indication that the statute regarding jury selection, KRS 29A.060, was other than strictly complied with.”
— Ky. Rev. Stat. § 29A.060(1) — 1 case
— Ky. Rev. Stat. § 29A.060(2) — 5 cases
Sanders v. Commonwealth, 801 S.W.2d 665 (Ky. 1990).
“See KRS 29A.060; RCr 9.30(1)(a); Administrative Procedures of the Court of Justice, Part Two, Section 12.”
Johnson v. Commonwealth, 12 S.W.3d 258 (Ky. 1999).
“on that date. However, the jury was never actually "sworn" pursuant to RCr 9.”
Bartley v. Loyall, 648 S.W.2d 873 (Ky. Ct. App. 1982).
“They allege that the verdict was not based on substantial evidence and that the jury was not selected in compliance with KRS 29A.060. The question concerning the sufficiency of the evidence was raised for the first time in a motion for a judgment notwithstanding the verdict or…”
— Ky. Rev. Stat. § 29A.060(2)(a) — 2 cases
Sand Hill Energy, Inc. v. Ford Motor Co., 83 S.W.3d 483 (Ky. 2002).
“The trial court narrowed the jury panel to thirty-two (32) jurors, see KRS 29A.060(2)(a), before allowing the parties to exercise a total of (12) peremptory challenges.”
— Ky. Rev. Stat. § 29A.060(2)(d) — 1 case
— Ky. Rev. Stat. § 29A.060(4) — 4 cases
Fugett v. Commonwealth, 250 S.W.3d 604 (Ky. 2008).
“Instead, the circuit court relied on KRS 29A.060(4), which leaves it to the court's discretion as to whether the jurors are to be personally served.”
— Ky. Rev. Stat. § 29A.060(8) — 2 cases
Commonwealth v. Sego, 872 S.W.2d 441 (Ky. 1994).
“At the time of Sego's indictment, the statute and the rule were that the jury was to be selected from the voter list and that a juror be given 30-days' notice.”
— Ky. Rev. Stat. § 29A.060(9) — 1 case
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