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Trial Jury Selection and Management Act

According to Code of Civil Procedure of California (hereinafter: CCP) Section 191 of Title 3 “Persons specially invested with powers of a Judicial Nature” of Chapter 1 “Trial Jury Selection and Management Act”:

The Legislature agrees that jury trial is a respected constitutional right and that jury service is a citizenship responsibility.

It is the State of California’s policy that all persons selected for jury service are randomly selected from the population of the area served by the court; that all qualified persons get an equal opportunity, in compliance with this chapter, to be known for jury service in the state as well as an obligation to serve as jurors when summoned for that purpose; and that it is the responsibility of the State of California.

The Types of Jury

There are three types of Juries:

  • Grand juries established in accordance with Part 2 of the Penal Code, Title 4 (starting with Section 888 of CCP).
  • The jury of the trial.
  • Juries of inquest. (“Review” juries)

Section 195 of CCP

  • In each county, one commissioner shall be appointed by a majority of the judges of the superior court and shall serve at the pleasure of the county. In either county where a superior court administrator or executive officer is present, that person shall serve as the commissioner of the ex officio jury. In any court jurisdiction where, on the effective date of this section, any person other than a court administrator or clerk / administrator serves as a jury commissioner, that person shall continue to serve as such at the pleasure of the appointing court’s majority of judges.
  • Any commissioner of the jury may appoint deputy commissioners of the jury whenever the business of the court so requires.
  • In accordance with the purpose and scope of the Law, the jury commissioner shall be primarily responsible for managing the jury system under the general supervision of the court. He or she will have the authority to establish the necessary policies and procedures to fulfill this responsibility.

Who Is Not Allowed to Serve on the Jury?

According to the law, all individuals are eligible and qualified as prospective jurors of the court, with the exception of:

  • Persons who are not U.S. citizens.
  • People under the age of 18.
  • Individuals who are not citizens of the State of California as defined in compliance with Article 2 of Chapter 1 of Division 2 of the Election Code (starting with Section 2020).
  • Individuals who are not jurisdictional citizens in which they are called to serve.
  • People accused of malfeasance in the workplace or a criminal offense and whose civil rights have not been recovered.
  • Individuals who do not have sufficient knowledge of the English language given that no person is considered to be incompetent solely because of the loss of sight or hearing in any degree or other impairment that impedes the ability of the person to interact or impedes or interferes with the mobility of the individual.
  • Individuals who serve in any court of this state as grand or trial jurors.
  • Individuals subject to conservation.

No person shall be excluded from eligibility for jury service in the State of California for any other reason than the reasons set out in Section 203 CCP.

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