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43-162. Jury service; preparation of jury lists. All jury lists shall be prepared in accordance with the provisions of this act. Jury commissioners shall cause to be prepared under their supervision a list of persons qualified as jurors in each county. Jury lists shall be prepared from voter registration records of the county, lists of licensed drivers residing in the county or enumeration or census records for the county, in accordance with the intent and purposes of this act. On and after January 1, 1985, lists of holders of state-issued nondrivers' identification cards who reside in the county may also be used in the preparation of jury lists. Jury lists prepared from multiple sources may be used if one or more of the foregoing records is used as a material source in preparing the list. The commissioners shall cause the jury list of each county to be revised and updated by adding names of qualified jurors and removing names of those who have died, removed from the county, or who have otherwise become disqualified. For the purposes of preparation and revision of jury lists, commissioners shall have access to the voter registration records of the county, records of the division of vehicles pertaining to licensed drivers who reside in the county and enumeration or census records for the county. On and after January 1, 1985, commissioners shall have access to records of the division of vehicles pertaining to nondrivers' identification card holders who reside in the county, for the purposes of preparation and revision of jury lists.

History: L. 1971, ch. 176, § 8; L. 1981, ch. 202, § 1; L. 1983, ch. 162, § 1; July 1.

Cross References to Related Sections:

Voter registration, see chapter 25, article 23.

Law Review and Bar Journal References:

Discussed in survey of criminal procedure, Cynthia Hartman, 15 W.L.J. 350, 353 (1976).

CASE ANNOTATIONS

1. Method used in selection of jurors conformed to statutory requirements and did not violate defendant's constitutional rights. State v. Campbell, 217 Kan. 756, 762, 763, 764, 539 P.2d 329.

2. Constitutional requirements for selection of potential jurors noted; panel randomly selected from drivers' license list meets statutory mandates. State v. Mayberry, 248 Kan. 369, 381, 807 P.2d 86 (1991).

3. Jury list prepared from voter registration records valid; multiple sources not required. State v. Smith, 16 Kan. App. 2d 478, 485, 825 P.2d 541 (1992).

4. Challenge to jury composition and failure to discharge jury panel examined. State v. Ji, 251 Kan. 3, 7, 832 P.2d 1176 (1992).

5. Use of voter registration lists as sole source for jury panels as neither statutorily or constitutionally impermissible discussed. State v. Bailey, 251 Kan. 156, 160, 834 P.2d 342 (1992).


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