Revised Code of Washington

Wash. Rev. Code § 2.36.070 (2026)

Qualification of juror

✓ current as of May 2026
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A person shall be competent to serve as a juror in the state of Washington unless that person:
(1) Is less than eighteen years of age;
(2) Is not a citizen of the United States;
(3) Is not a resident of the county in which he or she has been summoned to serve;
(4) Is not able to communicate in the English language; or
(5) Has been convicted of a felony and has not had his or her civil rights restored.
[ 1988 c 188 s 7; 1975 1st ex.s. c 203 s 1; 1971 ex.s. c 292 s 3; 1911 c 57 s 1; RRS s 94. Prior: 1909 c 73 s 1.]

Notes:

Legislative findingsSeverabilityEffective date1988 c 188: See notes following RCW 2.36.010.
Severability1971 ex.s. c 292: See note following RCW 26.28.010.
Notes of Decisions
Cited in 39 cases (4 in the last 5 years), 1970–2025 · leading case: Roper v. Simmons, 543 U.S. 551 (2005).
Roper v. Simmons, 543 U.S. 551 (2005). · cites it 2× “01-337 (Lexis 2000) Washington 18 Wash. Rev. Code Ann. § 2.36.070 (West 2004) West Virginia 18 W.”
Thompson v. Oklahoma, 487 U.S. 815 (1988). · cites it 2× “Wash. Rev. Code § 2.36.070 (1987) W. Va. W.”
In re the Pers. Restraint of Yates, 296 P.3d 872 (Wash. 2013). “At the time of Yates’s trial, jury clerks in Pierce County were authorized to excuse, without judicial oversight, persons who failed to meet the statutory requirements for jury service set forth in RCW 2.36.070, persons who had completed two weeks of jury service within the past…”
State v. Shawn P., 859 P.2d 1220 (Wash. 1993). · cites it 2× “[48] RCW 2.36.070. [49] See RCW 9A.04.050. [50] The presumption that a child between the ages of 8 and 12 years is incapable of committing a crime can be overcome by proof that the child has sufficient capacity to understand the act and to know that it is wrong.”
Carter v. Jury Comm'n of Greene Cty., 396 U.S. 320 (1970). · cites it 2× “§ 609-1 (1) (1968) (20 years); Neb. Rev. Stat. § 25-1601 (1) (1964) (25 years); R.”
State v. Irby, 170 Wash. 2d 874 (Wash. 2011). “070 sets forth basic jury qualifications, *890 which include that the individual is at least 18 years old, a citizen of the United States, a resident of the county in which he or she is to serve, able to communicate in English, and the individual has not been convicted of a…”
State v. Cleary, 269 P.3d 367 (Wash. Ct. App. 2012). · cites it 4× “The court explained that RCW 2.36.070 provides that felons who have not had their civil rights restored are incompetent to serve as jurors.”
State v. Davis, 10 P.3d 977 (Wash. 2000). “General causes of challenge are: (1) A want of any of the qualifications prescribed for a juror, as set out in RCW 2.36.070. (2) Unsoundness of mind, or such defect in the faculties of the mind, or organs of the body, as renders him or her incapable of performing the duties of a…”
In Re the Disciplinary Proceeding Against Walgren, 708 P.2d 380 (Wash. 1985). · cites it 2× “They may not qualify as jurors (RCW 2.36.070); they may not hold certain positions of trust such as executor or administrator (RCW 11.”
State v. Furman, 858 P.2d 1092 (Wash. 1993). “015(3) and article 6, section 1 of the Washington State Constitution (restricting a juvenile's right to vote); RCW 2.36.070 (restricting a juvenile's right to serve on a jury); RCW 26.”
State v. Rice, 844 P.2d 416 (Wash. 1993). “The relevant statute provides that: Except for a person who is not qualified for jury service under RCW 2.36.070, no person may be excused from jury service by the court except upon a showing of undue hardship, extreme inconvenience, public necessity, prior jury service once in…”
State Of Washington, V. Cody Terrell Wade, 534 P.3d 1221 (Wash. Ct. App. 2023). “While the legislature established the qualifications for jurors, see RCW 2.36.070, chapter 2.36 RCW otherwise assigns to courts the authority to determine procedures for jury selection.”
— Wash. Rev. Code § 2.36.070(3) — 1 case
— Wash. Rev. Code § 2.36.070(4) — 4 cases
State v. Nemitz, 19 P.3d 480 (Wash. Ct. App. 2001).
State v. Nemitz, 105 Wash. App. 205 (Wash. Ct. App. 2001).
State v. Marsh, 24 P.3d 1127 (Wash. Ct. App. 2001).
State v. Marsh, 106 Wash. App. 801 (Wash. Ct. App. 2001).
— Wash. Rev. Code § 2.36.070(5) — 5 cases
State v. Cleary, 269 P.3d 367 (Wash. Ct. App. 2012). “The court explained that RCW 2.36.070 provides that felons who have not had their civil rights restored are incompetent to serve as jurors.”
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