TCA § 22-2-305 — Selection of names for jury pool by alternate manual means

In the event that any county of this state cannot obtain and select names for the jury pool by automated means pursuant to § 22-2-304 , the county may utilize the alternate jury selection method set out in this section. On Monday, two (2) weeks before each jury service term, the jury coordinator shall unlock the jury box and break the seal of the jury box, and after well shaking the jury box, cause to be drawn from the jury box, in the presence of the witness, that number of names that the presiding judge of the judicial district has directed to be drawn, to constitute the jury pool for the jury service term. If the Monday two (2) weeks before the jury service term begins is a legal holiday, the jury coordinator may perform this function on the following business day. In the event the name is drawn of a person known by the jury coordinator to no longer be qualified or competent to serve pursuant to § 22-1-101 or § 22-1-102, the name shall be put aside and not used, and another name shall be drawn instead. Should the jury coordinator, when drawing names from the jury box, overlook the names of persons who are incompetent or unqualified to serve, the presiding judge of the judicial district and the judge presiding over a trial in which those persons serve as jury panel members each shall have the authority to excuse those persons from jury service and direct that their names be withdrawn from the jury pool. Not more than five (5) days before the jury service term and not later than the first day of the jury service term, the jury coordinator and witness shall certify that the names drawn constitute the jury pool for the term by following the procedures in subdivision (3)(B). When the required number of names have been drawn for the jury pool, the original tickets or cards on which they have been written shall be placed in an envelope and with the the original tickets or cards shall be enclosed a report prepared and signed by the jury coordinator and witness, a copy of which shall be retained by the jury coordinator for use under the provisions of this chapter, substantially as follows: To the Honorable , Presiding Judge of the Judicial District, at County: I, , the jury coordinator for such county, and , who witnessed the selection of names, respectfully report the following names, which have been drawn according to law, arranged alphabetically and numbered, as shown on the original tickets or cards enclosed with this report, as the jury pool for the upcoming jury service term: Names No. No. No. We further report that in addition to the above list there were drawn from the jury box at the same time the following names of persons known to the jury coordinator to be unqualified or incompetent to serve (copying such names and numbers), and we enclose such original tickets or cards with this report separate from the other tickets or cards. This the day of , . Jury Coordinator Witness The jury coordinator shall then seal the envelope containing the coordinator's report and the original tickets or cards, address the envelope to the presiding judge of the judicial district, write the judge's name across the sealing of the envelope, and deliver the envelope to the judge at the opening of the jury service term. Acts 2008, ch. 1159, § 1. Code Commission Notes. The version of this chapter 2 that is applicable in counties having a population of not less than 19,500, nor more than 19,775 and in counties having a population of not less than 28,350, nor more than 28,450, according to the 2000 federal census or any subsequent federal census, was transferred to chapter 5 of this title by the code commission in 2008. Compiler's Notes. Former chapter 2, §§ 22-2-101 — 22-2-315 (Acts 1959, ch. 8, §§ 1-16, 18, 19, 21; 1961, ch. 124, § 1; 1961, ch. 206, § 1; 1967, ch. 182, §§ 1, 2; 1972, ch. 498, § 1; 1972, ch. 826, § 1; 1974, ch. 548, § 1; 1975, ch. 254, §§ 1, 2; 1980, ch. 714, §§ 1-4; 1980, ch. 903, §§ 1-8, 10, 11; 1981, ch. 317, § 1; T.C.A., § 22-223 — 22-236, 22-238 — 22-242, 22-244; Acts 1981, ch. 82, §§ 1-3; 1983, ch. 108, §§ 1-3; 1984, ch. 649, § 1; 1984, ch. 650, § 1; 1984, ch. 716, § 1; 1985, ch. 343, §§ 1, 2; 1988, ch. 736, § 1; 1989, ch. 449, § 1; 1989, ch. 591, §§ 1, 6; 1993, ch. 291, § 1; 1993, ch. 309, § 1; 1994, ch. 642, § 1; 2000, ch. 733, § 1; 2005, ch. 254, § 1; 2005, ch. 429, § 3), concerning selection and attendance of jurors, was repealed by Acts 2008, ch. 1159, § 1, effective January 1, 2009, except in certain counties. See this version of chapter 2 for provisions effective January 1, 2009, except in counties having a population of not less than 19,500, nor more than 19,775 and in counties having a population of not less than 28,350, nor more than 28,450, according to the 2000 federal census or any subsequent federal census. See chapter 5 of this title for provisions effective in counties having a population of not less than 19,500, nor more than 19,775 and in counties having a population of not less than 28,350, nor more than 28,450, according to the 2000 federal census or any subsequent federal census. Acts 2011, ch. 209, § 1 deleted § 22-2-101(b)(1) and (2), effective July 1, 2011. Since § 22-2-101(b)(1) and (2) have been deleted, this chapter is no longer only effective in certain counties, and jurors and jury panels for the counties formerly referenced in § 22-2-101(b)(1) shall no longer be selected in accordance with this chapter as it existed prior to January 1, 2009, which was formerly compiled in title 22, ch. 5, which has been deleted. Textbooks. Tennessee Criminal Practice and Procedure (Raybin), §§ 25.20, 24.32. Tennessee Forms (Robinson, Ramsey and Harwell), No. 3-6-6. Tennessee Jurisprudence, 17 Tenn. Juris., Jury, § 18. Law Reviews. The Tennessee Court Systems — The Jury System, 8 Mem. St. U.L. Rev. 489. Cited: State v. Hester, 324 S.W.3d 1, 2010 Tenn. LEXIS 897 (Tenn. Oct. 5, 2010). Collateral References. Indoctrination by court of persons summoned for jury service. 89 A.L.R.2d 197. Jury 67.