Printable Format43-107. Drawing of grand and petit jurors. (a) At least 30 days before service is required, the clerk of the court of the county where such court is to be held shall draw from the jury box the names of 30 persons to serve as grand jurors and the names of 24 persons to serve as petit jurors. In the event that a county has appropriate base information programmed as a part of its computer operations so that it might comply with the spirit of the jury selection laws of Kansas, the jury commissioners may by local rule provide alternate methods for securing jury panels directly from the computer without the necessity of drawing names or cards from a wheel manually.
(b) Upon receipt of a list of all remaining legally qualified grand jurors from the court pursuant to K.S.A. 22-3002, and amendments thereto, the clerk of the court of the county where such court is to be held shall draw for a second time 15 names of persons to serve as grand jurors from such list. In the event that the county in which court is to be held has an alternate method for securing jury panels directly from the computer, the clerk shall use the computer to generate 15 names of persons to serve as grand jurors from such list.
History: G.S. 1868, ch. 54, § 9; R.S. 1923, 43-107; L. 1947, ch. 285, § 1; L. 1971, ch. 177, § 1; L. 2007, ch. 190, § 10; L. 2013, ch. 85, § 17; July 1.
Source or prior law:
L. 1864, ch. 65, § 1.
Cross References to Related Sections:
1971 act concerning petit and grand juries, see 43-155 et seq., 60-247, 60-248.
Filing of jury panel in criminal prosecutions with clerk of court, see 22-3408.
Law Review and Bar Journal References:
Selection of jurors in the administration of justice in Kansas, John H. Hunt, 10 J.B.A.K. 156, 159 (1941).
CASE ANNOTATIONS
1. Grand jury; irregularity in calling; statute construed. The State v. Marsh, 13 K. 596, 599.
2. Organization of grand jury discussed and jury held legal. State v. Millhaubt, 144 K. 574, 576, 61 P.2d 1356.
3. Contention of purposeful exclusions from jury panel not sustained. Woods v. Munns, 347 F.2d 948, 949, 950.
4. Cited as authority for selection of jury panels from computer; no error in district court's refusal to strike jury array. State v. Sandstrom, 225 K. 717, 730, 595 P.2d 324.
5. Statutes relative to jury panels not violative of constitutional right to jury representing fair cross-section of community. State v. Baker, 249 K. 431, 819 P.2d 1173 (1991).