(a) A person is qualified to serve as a juror and shall be included on the master jury list if the person meets all of the following:
(1) Is a citizen of the United States.
(2) Is a resident of the State.
(3) Is a resident of the county.
(4) Has not served as a juror during the preceding two years.
(5) Has not served a full term of service as a grand juror during the preceding six years.
(6) Is 18 years of age or over.
(7) Is physically and mentally competent.
(8) Can understand the English language.
(9) Has not been convicted of a felony or pleaded guilty or nolo contendere to an indictment charging a felony, or if convicted of a felony or having plead guilty or nolo contendere to an indictment charging a felony, has had that person's citizenship restored pursuant to law.
(10) Has not been adjudged non compos mentis.
(b) A person not qualified under this section is subject to challenge for cause. (1806, c. 694, P.R; Code, ss. 1722, 1723; 1889, c. 559; 1897, cc. 117, 539; 1899, c. 729; Rev., s. 1957; C.S., s. 2312; 1947, c. 1007, s. 1; 1967, c. 218, s. 1; 1971, c. 1231, s. 1; 1973, c. 230, ss. 1, 2; 1977, c. 711, s. 10; 2011-42, s. 1; 2012-180, s. 3; 2013-148, s. 1; 2023-140, s. 44(a).)
Notes of Decisions
Cited in
42
cases (
5 in the last 5 years), 1948–2024 · leading case:
State v. Haselden, 577 S.E.2d 594 (N.C. 2003).
State v. Haselden, 577 S.E.2d 594 (N.C. 2003).
· cites it 12× “Defendant contends that the trial court violated N.C.G.S. § 9-3 by not inquiring whether Sexton's citizenship rights had been restored.”
State v. Cummings, 543 S.E.2d 849 (N.C. 2001).
· cites it 19× “Specifically, the trial court asked whether any prospective juror: (1) lived outside of Robeson County, (2) was under the age of eighteen, (3) had served on a jury within the last two years, or (4) had been convicted of a felony or been declared mentally incompetent without…”
State v. Cummings, 648 S.E.2d 788 (N.C. 2007).
· cites it 10× “See N.C.G.S. § 9-3 (2005). Determinations of whether a juror would follow the law as instructed are best left to the trial judge, who is actually present during voir dire and has an opportunity to question the prospective juror.”
Roper v. Simmons, 543 U.S. 551 (2005).
· cites it 2× “§ 510(2) (West 2003) North 18 N. C. Gen. Stat. Ann. § 9-3 (Lexis 2003) Carolina North Dakota 18 N.”
State v. Tirado, 599 S.E.2d 515 (N.C. 2004).
· cites it 5× “" N.C.G.S. § 9-3 (2003). In addition, N.C.G.”
State v. Elliott, 628 S.E.2d 735 (N.C. 2006).
· cites it 6× “N.C.G.S. § 9-3 (2001). However, a prospective juror over that age may, when summoned, request an exemption.”
State v. Smith, 532 S.E.2d 773 (N.C. 2000).
· cites it 6× “But under the facts of this case, it is impossible to see how defendant was prejudiced. This prospective juror’s subsequent responses reveal that his own inability to understand English made him unqualified to serve as a juror under N.”
State v. Payne, 402 S.E.2d 582 (N.C. 1991).
· cites it 6× “These preliminary questions were obviously designed to insure that the new prospective jurors were qualified to serve under N.C.G.S. § 9-3. Eight prospective jurors responded to this inquiry and were excused by the trial court prior to voir dire by counsel.”
State v. Golphin, 533 S.E.2d 168 (N.C. 2000).
· cites it 3× “N.C.G.S. § 9-3 (1999) (emphasis added). Additionally, “[t]he clerk shall, at the beginning of court, swear all jurors who have not been selected as grand jurors.”
State of North Carolina v. Davis, 664 S.E.2d 21 (N.C. Ct. App. 2008).
· cites it 8× “Defendant cites N.C. Gen. Stat. § 9-3 and Sections 19 and 24 of Article I of the North Carolina Constitution for the proposition that a juror must be a resident of the State in order to be qualified to serve as a juror.”
State v. Rogers, 562 S.E.2d 859 (N.C. 2002).
· cites it 3× “N.C.G.S. § 9-3 (2001). However, a prospective juror over that age may, when summoned, request an exemption.”
Thompson v. Oklahoma, 487 U.S. 815 (1988).
· cites it 2× “N. C. Gen. Stat. § 9-3 (1986) N. D. N. D.”
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