(1) The Chief Circuit Judge or one (1) or more judges of the court, the court's clerk, a
deputy clerk, the court's administrator, or a deputy court administrator so designated
by the Chief Circuit Judge shall determine on the basis of the information provided
on the juror qualification form whether the prospective juror is disqualified for jury
service for any of the reasons listed in subsection (2) of this section. This
determination shall be entered in the space provided on the juror qualification form.
The Chief Circuit Judge shall cause each disqualified juror to be immediately
notified of the juror's disqualification.
(2) A prospective juror is disqualified to serve on a jury if the juror:
(a) Is under eighteen (18) years of age;
(b) Is not a citizen of the United States;
(c) Is not a resident of the county;
(d) Has insufficient knowledge of the English language;
(e) Has been previously convicted of a felony and has not been pardoned or
received a restoration of civil rights by the Governor or other authorized
person of the jurisdiction in which the person was convicted;
(f) Is presently under indictment;
(g) Has served on a jury within the time limitations set out under KRS 29A.130;
or
(h) Is seventy (70) years of age or older and has requested in a space provided on
the juror qualification form that he or she be excused from service for the
period summoned.
(3) The Chief Circuit Judge may grant a permanent exemption based upon an
individual's request and a finding by the Chief Circuit Judge of a permanent
medical condition rendering the individual incapable of serving. The judge granting
the permanent exemption shall notify the requesting person and the Administrative
Office of the Courts. Upon receiving notification of a permanent exemption the
Administrative Office of the Courts shall remove the person's name from the master
list.
(4) There shall be no waiver of these disqualifications, except that pursuant to the
Federal Americans With Disabilities Act of 1990, an individual with a disability
shall not be disqualified solely by reason of the disability. For the purposes of this
section, "individual with a disability" means a person with a physical or mental
impairment that substantially limits one (1) or more of the major life activities of
the individual, a record of the impairment, or being regarded as having the
impairment.
Effective: June 29, 2023
History: Amended 2023 Ky. Acts ch. 149, sec. 1, effective June 29, 2023. -- Amended
2002 Ky. Acts ch. 252, sec. 4, effective July 15, 2002. -- Amended 1994 Ky. Acts
ch. 416, sec. 1, effective July 15, 1994. -- Amended 1982 Ky. Acts ch. 449, sec. 8,
effective October 1, 1982. -- Created 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 19,
effective September 1, 1977.
Notes of Decisions
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “5, § 1 (person must be 18 to be qualified elector) *584 Kentucky 18 Ky. Rev. Stat. Ann. § 29A.080(2)(a) (Lexis Supp.”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “Ky. Rev. Stat. § 29A.080(2)(a) (1985) La.”
Smith v. Commonwealth, 734 S.W.2d 437 (Ky. 1987).
· cites it 4× “KRS 29A.080(1), 29A.100; II Ad.Proc. Sec.”
Woodall v. Commonwealth, 63 S.W.3d 104 (Ky. 2002).
· cites it 2× “of 74 of Woodall as a mitigating factor. No. 185 sat as a juror. He stated on two separate occasions that he could consider mitigating evidence and follow the instructions of the trial judge on mitigating evidence.”
Dickerson v. Commonwealth, 174 S.W.3d 451 (Ky. 2005).
· cites it 2× “KRS 29A.080(2)(g); Admin. Proc. Ct. Justice, Part II § 8(2)(g).”
Sanborn v. Commonwealth, 754 S.W.2d 534 (Ky. 1988).
· cites it 2× “This violated KRS 29A.080, 29A.100(2), and the Administrative Procedures of the Court of Justice, § 14(2).”
Anderson v. Commonwealth, 107 S.W.3d 193 (Ky. 2003).
· cites it 4× “One of the grounds for the motion was that one of the jurors who convicted Anderson (James Stanley) had been convicted of a felony, which disqualified him from serving as a juror under KRS 29A.080. The Commonwealth argued that Stanley was not disqualified from jury service…”
Bowling v. Commonwealth, 942 S.W.2d 293 (Ky. 1997).
· cites it 2× “KRS 29A.080 (2)(h) prevents a prospective juror from serving more than one term on a jury panel in a twelve month period.”
Commonwealth v. Nelson, 841 S.W.2d 628 (Ky. 1992).
· cites it 4× “The issue before this Court is whether the delegation of this authority to administrative personnel constitutes a substantial deviation from KRS 29A.080, 29A. 100 and Administrative Procedures of the Court of Justice Part II, sections 8 and 12.”
Grundy v. Commonwealth, 25 S.W.3d 76 (Ky. 2000).
· cites it 2× “When excusing a juror, the judge shall record the juror’s name, as provided in KRS 29A.080, and his reasons for granting the excuse.”
Gibson v. Kentucky Farm Bureau Mut. Ins. Co., 328 S.W.3d 195 (Ky. Ct. App. 2010).
· cites it 2× “However, this panel may not, by creating the bright line test suggested by this argument, take from the province of the trial court the discretion to determine the qualifications of any jurors in the veni-re not otherwise disqualified by KRS 29A.080(2). *201 We do not exclude…”
— Ky. Rev. Stat. § 29A.080(1) — 1 case
— Ky. Rev. Stat. § 29A.080(2) — 4 cases
Anderson v. Commonwealth, 107 S.W.3d 193 (Ky. 2003).
“One of the grounds for the motion was that one of the jurors who convicted Anderson (James Stanley) had been convicted of a felony, which disqualified him from serving as a juror under KRS 29A.080. The Commonwealth argued that Stanley was not disqualified from jury service…”
Gibson v. Kentucky Farm Bureau Mut. Ins. Co., 328 S.W.3d 195 (Ky. Ct. App. 2010).
“However, this panel may not, by creating the bright line test suggested by this argument, take from the province of the trial court the discretion to determine the qualifications of any jurors in the veni-re not otherwise disqualified by KRS 29A.080(2). *201 We do not exclude…”
— Ky. Rev. Stat. § 29A.080(2)(a) — 2 cases
Roper v. Simmons, 543 U.S. 551 (2005).
“5, § 1 (person must be 18 to be qualified elector) *584 Kentucky 18 Ky. Rev. Stat. Ann. § 29A.080(2)(a) (Lexis Supp.”
— Ky. Rev. Stat. § 29A.080(2)(b) — 1 case
Gibson v. Kentucky Farm Bureau Mut. Ins. Co., 328 S.W.3d 195 (Ky. Ct. App. 2010).
“However, this panel may not, by creating the bright line test suggested by this argument, take from the province of the trial court the discretion to determine the qualifications of any jurors in the veni-re not otherwise disqualified by KRS 29A.080(2). *201 We do not exclude…”
— Ky. Rev. Stat. § 29A.080(2)(d) — 1 case
Woodall v. Commonwealth, 63 S.W.3d 104 (Ky. 2002).
“of 74 of Woodall as a mitigating factor. No. 185 sat as a juror. He stated on two separate occasions that he could consider mitigating evidence and follow the instructions of the trial judge on mitigating evidence.”
— Ky. Rev. Stat. § 29A.080(2)(e) — 3 cases
Anderson v. Commonwealth, 107 S.W.3d 193 (Ky. 2003).
“One of the grounds for the motion was that one of the jurors who convicted Anderson (James Stanley) had been convicted of a felony, which disqualified him from serving as a juror under KRS 29A.080. The Commonwealth argued that Stanley was not disqualified from jury service…”
— Ky. Rev. Stat. § 29A.080(2)(g) — 2 cases
— Ky. Rev. Stat. § 29A.080(3) — 2 cases
— Ky. Rev. Stat. § 29A.080(4) — 1 case
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