494.425. Persons ineligible for jury service. — The following persons shall be disqualified from serving as a petit or grand juror:
(1) Any person who is less than twenty-one years of age;
(2) Any person not a citizen of the United States;
(3) Any person not a resident of the county or city not within a county served by the court issuing the summons;
(4) Any person who has been convicted of a felony, unless such person has been restored to his civil rights;
(5) Any person unable to read, speak and understand the English language, unless such person's inability is due to a vision or hearing impairment which can be adequately compensated for through the use of auxiliary aids or services;
(6) Any person on active duty in the Armed Forces of the United States or any member of the organized militia on active duty under order of the governor;
(7) Any judge of a court of record;
(8) Any person who, in the judgment of the court, is incapable of performing the duties of a juror because of mental or physical illness or infirmity. The juror or the juror's personal representative, may provide the court with documentation from a physician licensed to practice medicine verifying that a mental or physical condition renders the person unfit for jury service for a period of up to twenty-four months.
Notes of Decisions
Cited in
27
cases (
3 in the last 5 years), 1991–2024 · leading case:
Roper v. Simmons, 543 U.S. 551 (2005).
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “§ 13-5-1 (Lexis 2002) Missouri 21 Mo. Rev. Stat. § 494.425 (1) (2000) Montana 18 Mont.”
State Ex Rel. Simmons v. Roper, 112 S.W.3d 397 (Mo. 2003).
· cites it 8× “310 (must be 18 to make a will); and section 494.425 (must be 21 to serve on a jury).”
State Ex Rel. Linthicum v. Calvin, 57 S.W.3d 855 (Mo. 2001).
· cites it 4× “The age 21 is used because that is when citizens become eligible for jury service under section 494.425. To get that number of prospective jurors, 26,160, to *861 appear in that year, 72,228 city residents were summonednearly 30 percent of the city's 21-and-over population.”
State v. Andrews, 329 S.W.3d 369 (Mo. 2011).
· cites it 4× “061 (must be 18 to consent to surgical or medical treatment); section 451.090 (must be 18 to enter into a marriage contract without parental consent); section 474.”
State v. Cole, 71 S.W.3d 163 (Mo. 2002).
· cites it 2× “Section 494.425. 30 . State v. Jones, 979 S.”
State v. Anderson, 79 S.W.3d 420 (Mo. 2002).
· cites it 2× “Instead, it shows that the clerk typically removed only the names of people who were statutorily ineligible for service under section 494.425 due to factors such as age, nonresidency, felony convictions, or being a licensed attorney.”
State v. Middleton, 995 S.W.2d 443 (Mo. 1999).
· cites it 2× “He argues that section 494.425’s exclusion of people between the ages of 18 and 21 from the jury panel deprived him of a jury of his peers.”
State v. Wilson, 169 S.W.3d 571 (Mo. Ct. App. 2005).
· cites it 5× “Subsections 5 and 9 disqualify the following persons from serving as a petit or grand juror: (5) Any person unable to read, speak and understand the English language; [[Image here]] (9) Any person who, in the judgment of the court or the board of jury commissioners, is incapable…”
Wingate Ex Rel. Carlisle v. Lester E. Cox Med. Ctr., 853 S.W.2d 912 (Mo. 1993).
“§ 494.425 establishes basic juror qualifications: The following persons shall be disqualified from serving as a petit or grand juror: (1) Any person who is less than twenty-one years of age; (2) Any person not a citizen of the United States; (3) Any person not a resident of the…”
State v. Clark, 110 S.W.3d 396 (Mo. Ct. App. 2003).
· cites it 3× “Section 494.425, RSMo 2000, provides a list of persons ineligible for jury service.”
Preston v. State, 325 S.W.3d 420 (Mo. Ct. App. 2010).
· cites it 4× “See Sections 494.425 (ineligible) and 494.430 (entitled to be excused).”
State v. Bost, 820 S.W.2d 516 (Mo. Ct. App. 1991).
· cites it 4× “Bost’s trial, but was able to deliberate with the jury and discuss the evidence with the other jurors. Mr. Fenton stated, “I believe that I heard enough to make an intelligent judgment on it.”
— Mo. Rev. Stat. § 494.425(3) — 1 case
— Mo. Rev. Stat. § 494.425(4) — 3 cases
— Mo. Rev. Stat. § 494.425(5) — 1 case
State v. Wilson, 169 S.W.3d 571 (Mo. Ct. App. 2005).
“Subsections 5 and 9 disqualify the following persons from serving as a petit or grand juror: (5) Any person unable to read, speak and understand the English language; [[Image here]] (9) Any person who, in the judgment of the court or the board of jury commissioners, is incapable…”
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