Title 15, Chapter 12, Section 42
( 15-12-42)
(a) Nonmechanical procedure. (1) The jury commissioners shall place tickets containing all the
names of grand jurors in a box to be provided at public expense,
which box shall contain compartments marked number "one" and
number "two," from which grand jurors shall be drawn; the
commissioners shall place the tickets containing all the names of
trial jurors in a separate box from which trial jurors shall be
drawn, the box having two separate compartments similar in design
to the grand jurors' box. The tickets with the jurors' names
shall be placed in compartment number "one." When each ticket is
drawn and the name thereon is recorded on the proper form or list,
the ticket so drawn shall be placed in compartment number "two."
Only when all the tickets have been drawn from compartment number
"one" may the process of drawing jurors' names from compartment
number "two" begin, and then only when all the tickets have been
drawn from compartment number "two" may the process of drawing
jurors' names from compartment number "one" begin again. (2) There shall only be one trial jury box for each county, that
being the trial jury box prepared for the use of the superior
court of each county. (3) All trial jurors' names for use in any court in the county
shall be drawn from the one trial jury box. The judge of any
court shall draw the jurors' names as the need for the services of
jurors shall arise in his court. The judge of any court held
outside of the county courthouse using the trial jury box shall
draw his juries in the courthouse and in the presence of the clerk
or a deputy clerk of the superior court. (b) Mechanical or electronic procedure. (1) In lieu of the procedure set forth in subsection (a) of this
Code section, the chief judge of the superior court in any county
having facilities available for the implementation of this
subsection, with the concurrence of the other judge or judges of
the superior court, may establish a plan for the selection of
persons to serve as jurors in such county by mechanical or
electronic means. The plan shall be established by a duly
published and filed rule of the court. The clerk of the superior
court, as clerk of the board of jury commissioners, shall
implement and maintain the jury selection process established by
the plan. (2) The plan: (A) Shall provide for a fair, impartial, and objective method of selecting persons for jury service with the aid of mechanical or electronic equipment, using the jury boxes compiled in accordance with Code Section 15-12-40; (B) Shall contain adequate safeguards relative to the creation,
handling, maintenance, processing, and storage of magnetic
tapes, data banks, and other materials and records used in the
selection process; (C) Shall contain such other regulations and guidelines as are
necessary to fully implement this subsection and to facilitate
the use of the plan for the selection of persons for jury
service by all of the courts in such county; and (D) May be amended from time to time as necessary to keep the
entire jury selection process updated. (3) In any county in which a plan has been established under this
subsection such plan shall conform as nearly as practicable to
paragraphs (2) and (3) of subsection (a) of this Code section.
However, where the computer data storage cell is used as the jury
box, the provisions contained in such paragraphs shall not apply. (4) In any county having facilities available for the
implementation of this subsection, the chief judge of the superior
court, with the concurrence of the other judge or judges of the
superior court, may establish a plan by a duly published and filed
rule of court for the trial and grand jury boxes for the county to
be taken from the trial or grand jury lists established by the
board of jury commissioners by mechanical or electronic
procedures. Such plan: (A) Shall provide for a fair, impartial, and objective method of selecting persons for inclusion in the trial or grand jury box with the aid of mechanical or electronic equipment and for a system of allowing jurors the greatest opportunity to serve, using the jury lists compiled by the board of jury commissioners in accordance with Code Section 15-12-40; (B) Shall contain adequate safeguards relative to the creation,
handling, maintenance, processing, and storage of magnetic
tapes, data banks, and other materials and records used in the
process of composing and maintaining the trial and grand jury
boxes; (C) Shall contain such other regulations and guidelines as are
necessary to fully implement this subsection; and (D) May be amended from time to time as necessary to keep the
trial and grand jury box composition process updated. (c) Contract for mechanical or electronic juror selection. A county
utilizing mechanical or electronic means for the selection of jurors
may, under proper court rule, contract for the drawing of their
respective trial and grand jurors with any entity with which a
county may contract under Article IX, Section III, Paragraph I,
subparagraph (a) of the Constitution and with any private business
or entity within this state, but any such contract shall ensure that
proper safeguards are maintained as provided in paragraph (2) of
subsection (b) of this Code section. The drawing may be held
outside of the county so contracting by a judge of the circuit or
his designee upon proper posting and advertising in the county legal
organ of the rule of court allowing this service to be performed for
the county. |