(1) The Chief Circuit Judge shall cause to be mailed or delivered with the summons to
each juror a juror qualification form accompanied by instructions to fill out and
return the form by mail or hand delivery to the clerk within five (5) days after its
receipt, or to be completed as otherwise directed. The juror qualification form shall
be provided by the Administrative Office of the Courts and subject to approval by
the Chief Justice of the Supreme Court.
(2) The juror qualification form shall contain the prospective juror's signed declaration
that his responses are true to the best of his knowledge and his acknowledgment that
a willful misrepresentation of a material fact may be punished by a fine or by
imprisonment, or both. Notarization of the juror qualification form shall not be
required.
(3) If the prospective juror is unable to fill out the form, another person may do it for
him and shall indicate that he has done so and the reason therefor.
(4) Any prospective juror who fails to return a properly completed juror qualification
form as instructed may be directed by the Chief Circuit Judge to appear forthwith to
fill out a juror qualification form. At the time of his appearance for jury service, any
prospective juror may be questioned by the judge or his designee, but only with
regard to his responses to questions contained on the form and grounds for his
excuse or disqualification. Any information thus acquired shall be noted on the
juror qualification form.
(5) A prospective juror who fails to appear as directed by the judge pursuant to
subsection (4) of this section shall be ordered to appear and show cause for his
failure to appear as directed. If the prospective juror fails to appear pursuant to the
judge's order or fails to show good cause for his failure to appear as directed by the
judge, he may be punished for contempt.
(6) No person shall willfully misrepresent a material fact on a juror qualification form.
(7) The contents of juror qualification forms shall be made available to parties or their
attorneys of record unless the court determines in any instance in the interest of
justice that this information shall be kept confidential or its use limited in whole or
in part.
Effective: September 1, 1977
History: Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 18, effective September
1, 1977.
Notes of Decisions
Smith v. Commonwealth, 734 S.W.2d 437 (Ky. 1987).
· cites it 8× “The principal substantial violation in the jury selection procedure was the failure to follow the provisions of KRS 29A.070 and .080 which relate to the use of juror qualification forms.”
Ice v. Commonwealth, 667 S.W.2d 671 (Ky. 1984).
· cites it 4× “JURY SELECTION The trial court failed to follow the directions of KRS 29A.070, "Juror Qualification Forms." KRS 29A.”
Ward v. Commonwealth, 695 S.W.2d 404 (Ky. 1985).
· cites it 2× “on the jury determination form" provided by KRS 29A.070. It is undisputed that the trial judge had not complied with the statute prior to the motion to be furnished with the list and, despite repeated assurance of ex post facto *407 compliance, no data was ever compiled or…”
Perdue v. Commonwealth, 916 S.W.2d 148 (Ky. 1996).
· cites it 2× “The trial court decided that the remaining seventeen jurors should be recalled with the new jury panel and that a jury would be chosen on July 7, 1992.”
Grooms v. Commonwealth, 756 S.W.2d 131 (Ky. 1988).
· cites it 2× “KRS 29A.070. The picture one gets from a study of the entire record with respect to jury selection is that there is a fundamental lack of fairness in the selection process.”
Johnson v. Commonwealth, 292 S.W.3d 889 (Ky. 2009).
· cites it 2× “(4) The juror qualification form required by KRS 29A.070 shall be enclosed with the summons.”
Copley v. Commonwealth, 854 S.W.2d 748 (Ky. 1993).
· cites it 2× “This caused the defense to be unable in advance of trial to review the information on the jury qualification forms which are required by KRS 29A.070 and which must "be made available to parties or their attorneys of record" pursuant to subsection (7) of that statute.”
Samples v. Commonwealth, 983 S.W.2d 151 (Ky. 1998).
“KRS 29A.070(7) provides: The contents of juror qualification forms shall be made available to parties or their attorneys of record unless the court determines in any instance in the interest of justice that this information shall be kept confidential or its use limited in whole…”
— Ky. Rev. Stat. § 29A.070(1) — 1 case
Ice v. Commonwealth, 667 S.W.2d 671 (Ky. 1984).
“JURY SELECTION The trial court failed to follow the directions of KRS 29A.070, "Juror Qualification Forms." KRS 29A.”
— Ky. Rev. Stat. § 29A.070(7) — 2 cases
Smith v. Commonwealth, 734 S.W.2d 437 (Ky. 1987).
“The principal substantial violation in the jury selection procedure was the failure to follow the provisions of KRS 29A.070 and .080 which relate to the use of juror qualification forms.”
Samples v. Commonwealth, 983 S.W.2d 151 (Ky. 1998).
“KRS 29A.070(7) provides: The contents of juror qualification forms shall be made available to parties or their attorneys of record unless the court determines in any instance in the interest of justice that this information shall be kept confidential or its use limited in whole…”
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